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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