Opting Out of ELL Services

Paragraph 33: Procedures to establish opt outs from ELL services.

If any parent/guardian of an ELL communicates a refusal to have his/her child enrolled in an ELL program, and/or refuses all or only specific ELL services (e.g., ELL-only SEI classes, language-specific SEI classes, or HILT classes) at the FRC, NAC, or the schools, the District shall have the student’s principal/headmaster and another representative of the school’s LAT meet with the parent to:

1. Describe the range of programs and services that the child could receive if the parent does not refuse, including the methodology the District plans to employ to address the student’s educational needs and the training and qualifications of teachers and any others who would be employed in teaching the student;
2. Discuss the benefits their child is likely to gain by being enrolled in an ELL program and receiving ELL services;
3. Explain that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services; and
4. Encourage the parent to allow the child to receive ELL services for at least 30 days before making a decision to refuse.

Paragraph 34: Documentation required for opt-outs.

If, notwithstanding efforts taken by the District in conformance with Paragraph 33, the parent continues to refuse certain or all ELL services, the principal shall (on a form created by OELL for this purpose) document:

1. That s/he met with the parent;
2. That it was explained to the parent that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services;
3. The specific educational program offered the child, including the specific services planned, the methodology the District would have employed to address the student’s educational needs, and the training and qualifications of teachers and any other staff the District would have employed in teaching the student if the parent did not refuse services; and
4. The parent’s reason(s) for refusing services.

The principal also shall ask the parent to sign the form in order to verify that the reasons stated accurately reflect the parent’s motivation for refusing services. The principal shall provide parents with a copy of the form, submit a copy to OELL, and maintain the form in the ELD folder of the student’s permanent record. If a form is submitted for an ELL with an ELD-level of 1-3 whose parent refuses ELL-only SEI classes or for a SIFE student whose parent refuses HILT services, a representative of the OELL may contact the parent to describe and answer questions about the ELL program(s) in which the child could be placed. If, after any such discussion, the parent continues to refuse ELL-only SEI classes or HILT services, the ELL shall nevertheless receive services in an SEI classroom taught by a teacher who has completed Categories 1, 2, and 4 or is ESL certified, and is otherwise qualified under state guidelines, in accordance with Paragraphs 12 (including Footnote 2), 41, 49 and 52. If the parent refusal of services does not include a refusal of ESL services, the ELL shall receive ESL services required for the student’s ELD level, in accordance with Paragraphs 38-39 and 44-45. If more than 5% of the ELLs at a given school refuse ELL services in any given school year, OELL shall meet with the principal, analyze the reasons for the refusals, and take appropriate steps to reduce this rate.

Paragraph 35: Services that are to be provided in the event the parent opts out of services.

Consistent with the parent refusal procedures provided to the United States on July 7, 2010, the District also shall do the following if any parent/guardian of an ELL refuses in writing to have his/her child receive ELL services:

1. Provide the student core content instruction, including language arts, from teachers who are certified to teach appropriate elementary grade level or secondary subject matter and have completed at least Categories 1, 2, and 4 training;
2. Provide the student’s core content teachers with a class roster identifying the student’s English proficiency level and his/her refusal status;
3. Provide the student’s academic teachers with training to support the student’s English language and subject matter learning needs;
4. Routinely monitor the academic progress of the student, which shall include at least two reviews of the student’s academic performance by the OELL each semester; and
5. Meet with the student’s parent/guardian if the student is not progressing to recommend ELL services.