108 STAT. 3748 PUBLIC LAW 103-382--OCT. 20, 1994 "(15) SPECIAL ALTERNATIVE INSTRUCTIONAL PROGRAM. —The term 'special alternative instructional program' means an educational program for limited English proficient students that— "(A) utilizes specially designed English language curricula and services but does not use the student's native language for instructional purposes; "(B) enables limited English proficient students to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking so as to meet age-appropriate grade-promotion and graduation standards in concert with the National Education Goals; and "(C) is particularly appropriate for schools where the diversity of the limited Englisn proficient students' native languages and the small number of students speaking each respective language makes bilingual education impractical and where there is a critical shortage of bilingual education teachers. 20 USC 7602. SEC. 7502. REGULATIONS AND NOTIFICATION. "(a) REGULATION RULE. — In developing regulations under this title, the Secretary shall consult with State and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel involved in bilingual education. "(b) PARENTAL NOTIFICATION.— "(1) IN GENERAL.—Parents of children and youth participating in programs assisted under part A shall be informed of— "(A) a student's level of English proficiency, how such level was assessed, the status of a student's academic achievement and the implications of a student's educational strengths and needs for age and grade appropriate academic attainment, promotion, and graduation; "(B) what programs are available to meet the student's educational strengths and needs and how the programs differ in content and instructional goals, and in the case of a student with a disability, how the program meets the objectives of a student's individualized education program; and "(C) the instructional goals of the bilingual education or special alternative instructional program, and how the program will specifically help the limited English proficient student acquire English and meet age-appropriate standards for grade-promotion and graduation, including— (i) the benefits, nature, and past academic results of the bilingual educational program and of the instructional alternatives; and "(ii) the reasons for the selection of their child as being in need of bilingual education. "(2) OPTION TO DECLINE. —(A) Such parents shall also be informed that such parents have the option of declining enrollment of their children and youth in such programs and shall be given an opportunity to so decline if such parents so choose. "(B) A local educational agency shall not be relieved of any of its obligations under title VI of the Civil Rights Act of 1964 because parents choose not to enroll their children in bilingual education programs.
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