Parental Waiver/Opt-Out

PARENT NOTIFICATION OF ENGLISH LEARNER PROGRAM

“Language acquisition program” refers to educational programs designed to ensure English acquisition as rapidly and as effectively as possible and provide instruction to students on the state-adopted academic content standards, including the ELD standards.  All language acquisition programs shall be based on sound instructional theory and must lead to grade level proficiency and academic achievement in both English and another language.  They must also help students overcome language barriers and provide access to grade level curriculum. Our school shall notify parents of the language acquisition programs available.  This annual notice will include a description of the language acquisition programs provided at our school.

PARENT/GUARDIAN RIGHT TO REFUSE ELD INSTRUCTIONAL SERVICES

Although schools have an obligation to serve all English Learner students, parents/guardians of English learners have a right to decline or opt their child(ren) out of a school’s ELD program or out of particular EL instructional services within an ELD program. If parents/guardians opt their children out of a school’s ELD program or specific EL services, the children retain their status as English learners and are required to take the annual Summative ELPAC until they reclassify to fluent English proficiency.

Our school remains obligated to provide the student meaningful instruction (5 CCR Section 11302) until the student is reclassified, inform the parents/guardians when progress is not made, and re-offer the parent programs and services to consider at that time. 

Opt Out waivers must be requested annually in writing by the student’s parent/guardian. In addition, the parent/guardian must attend the required opt-out meeting facilitated by an ELD Department administrator prior to the issuance and signing of the form opt out waiver form. For further information, please contact your our school’s ELD Department Coordinator.

Refusal of English Language Development (ELD) programs and/or services or "opt out of ELD" indicates an informed, voluntary decision by the parent to not have the child placed in any separate, specialized ELD service or instructional program. A "waiver" indicates a desire by the parent to waive the child from participation in all English Language Development programs.  Content teachers will continue to provide strategies within regular instruction that help English language learners learn academic content while developing English language skills.

Parental Right to Refuse English Language Development Services

Refusal of English Language Development (ELD) programs and/or services or "opt out of ELD" indicates an informed, voluntary decision by the parent to not have the child placed in any separate, specialized ELD service or instructional program. A "waiver" indicates a desire by the parent to waive the child from participation in all English Language Development programs.  Content teachers will continue to provide strategies within regular instruction that help English language learners learn academic content while developing English language skills.

For a parent to "opt out" of ELD Services, the following must happen:

• The family of the EL who qualifies for ELD services receives a "Notice of Program Placement" welcome letter from the ELD Specialist describing program type, ELD assignment, and contact information for the ELD specialist supporting the student. 

• ELD teachers receiving an opt-out request must consult with the parent/guardian and the HR teacher to ensure that ELD services are not needed by the student to access the core curriculum.

• Parent will be provided with ELPAC results and EL status date information from CALPADS stating why the student is identified as an EL.

• ELD Specialist will consult with ELD Coordinator to confirm appropriateness of "opt out" option.

• ELD Specialist will send the following email to the parent/guardian through TVA and save as a note:

"We have received your request that <<  >>  not be required to participate in English Language Development (ELD) services through <<  >>.  As the student's parent, you have the right to opt out of these services offered through live ELD classes.  Please know that <<  >> will be exempt from attending live ELD class connect sessions, but the following will remain true until official reclassification to fluent English proficient can take place.  

• Student will continue to have an official English Learner (EL) status in the state system.

• Student will be required to take the Summative ELPAC (English Language Proficiency Assessment for California) in the spring.  Once this is passed, we will be able to take steps toward reclassifying the student to fluent English proficient.

• Please be on the lookout for an email from DocuSign asking you to sign <<  >>'s opt out waiver.   

Thank you again for your communication. Have a wonderful day!"​

• ELD Coordinator will send the form below to the parent through DocuSign to initial and sign.

• ELD Administrative Assistants will print and file a hard copy of the Opt Out form in the student's cummulative file.