Waiver of MLP Service

Under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974, a parent’s/guardian’s decision to opt out of a program for MLs must be knowing and voluntary, and a district may not recommend that parents/guardians decline all or some services within a program for MLs. When discussing waiving services for students, the LEA must address the academic benefits of participating in the MLP and any potential challenges associated with waiving services. 

If the parent/guardian still wishes to decline MLP services for the student after this discussion, the district must have the parent/guardian provide written documentation indicating this decision. 

Written documentation must be completed annually for a student to be removed from MLP direct services and must be kept on file. Although a parent/guardian has declined services for the student, it does not absolve the district of providing that student with equal access and opportunity towards obtaining language proficiency while meeting academic needs. In addition, MLs with a waived status are eligible for classroom and testing accommodations on state-mandated assessments. Therefore, they should have an ILAP. 

Section 1111(b)(2)(G) of the ESEA requires that districts assess all MLs using an annual ELP assessment, including those students whose parents/guardians have declined to enroll them in, or had them removed from, MLP services. A waiver exempts the student from receiving direct instructional services; they will still participate in ACCESS for ELLs testing until they meet the state’s proficiency criteria. The student is then monitored for four years after meeting the proficiency criteria determined by the state. 

WAIVER

A parent does not require anyone's permission or signature on the waiver to proceed with the request. Once the waiver has been submitted by the parent to the MLPS, ML District Lead, or School Counselor, ML Program services must be suspended immediately. At the Middle and High School, semester completion may be necessary depending on class scheduling options based on the date of request.