Official Site of The State of New Jersey

1. Major Provisions
2. What are the provisions of the parental consent amendment to the bilingual education law?
   The parental consent amendment to the bilingual education law, which went into effect on July 1, 1996, states that parents of multilingual learners (MLs) have the right to decline placement in a language instruction educational program (LIEP). Prior to the enactment of this law, parents could challenge a district's decision to enroll their child in a bilingual education program, but could not decline services without following an appeal process.
3. Is parental consent only for bilingual education programs or does it also include ESL-only programs and English language services (ELS)? (See appendix for definitions.)
   The intent of the parental consent amendment is to apply to all parents of MLs. Therefore, the law applies to parents of students eligible to be served by part-time and full-time full-time LIEPs and instructional program alternative, ESL-only programs or ELS programs.

1. Does the parental consent amendment apply only to multilingual learners (MLs) enrolled in the program after July 1, 1996?
   No. The parental consent amendment applies to all MLs regardless of when enrolled.
2. Do parents have the right to decline their child's placement in a full-time LIEP or instructional program alternative and choose ESL-only program services for their child?
   Yes. Parents may decline placement of their child in a bilingual education program and choose ESL-only program services.
3. Can parents decline placement of their child in an ESL-only program?
   Yes. Parents have the right to decline placement of their child in a LIEP, ESL-only program or English language services program.
4. If a parent declines bilingual/ESL services during school registration, may they request these instructional services at a later date?
   Yes, however, it is the decision of the local district to determine whether to enroll the child mid-year or at what point during the school year such placement could occur, based on the needs of the student.

1. Must a district inform the parents of all multilingual learners (MLs) about the requirements of the parental consent amendment?
   Yes. The district must notify parents that their child has been identified for placement in a LIEP, ESL or MLs program. Each school year, parents of all MLs should be informed of their children's status and of their rights to decline program participation. For MLs who are currently enrolled in a program, this notification should take place after the students are tested for language proficiency at the end of the school year. For newly enrolled students, such notice must occur at the beginning of the school year.
2. What information should be shared with parents regarding the availability of LIEP, ESL Only and ELS services and their benefits for MLs?
   Annually, districts should provide parents with a description of the LIEP, ESL Only and ELS programs in order to assist parents in making an informed decision regarding their child's placement in the program. This description should also provide information regarding policies relative to MLs including exemption from standardized in English and eligibility for the State Assessment in the home language for high school students. Parents should be informed about the New Jersey Student Learning Standards, WIDA English language Development Standards Framework and the WIDA ACCESS for MLs assessment process for MLs.

1. May a parent remove an multilingual learners (MLs) from a LIEP program before the end of the school year?
   During the first three years of a pupil's participation in a program, the parent or guardian may only remove a pupil at the end of the school year. If the parent or guardian wishes to remove the pupil prior to the end of the school year, he/she must have the approval of the county superintendent of schools.
2. When is the county superintendent informed about the parents' request to remove their ML child from a LIEP program or English language services?
   The county superintendent of schools should be informed about a parent's intent to remove his/her ML child from a LIEP program only if the parent wishes to remove a student from a program before the end of a school year. In such cases, the county superintendent will review the case and may determine to maintain the student in the program, if it is in the best interest of the student.
3. Do the MLs stay in the program until the end of the appeal to the county office of education and Commissioner of Education?
   Yes, MLs will remain enrolled in the program until the appeal process is completed.
4. If a parent does not want his/her child in a program, regardless of the student's English language skills, is there an appeal process for school districts?
   No. If a parent refuses placement of an multilingual learners (MLs) in a LIEP program, ESL-only program or English language services program, then the child cannot be enrolled in the program. The law and administrative code do not allow for an appeal process for school districts. Once the student is enrolled, he/she may only be removed at the end of each school year, during the first three years of a pupil's participation in a program.
5. How does this law apply to a special education student whose Individualized Education Plan (IEP) requires bilingual or ESL services?
   If a parent of a special education student disagrees with the IEP, the parent or the district may request mediation or due process to protect the rights of the child.
6. Will districts that currently implement LIEPs for small populations be required to maintain the program if the placement falls below 20 students of the same language group?
   No. If, due to parents' declining services, the number of students in a LIEP falls below the requirement for a full-time program, the district has the option of continuing to provide a bilingual education program for any language classification with fewer than 20 children (N.J.S.A. 18A 35-18et seq.). The district can also apply to the department for approval of an ESL-only program.
7. If a parent declines LIEP, ESL Only and ELS services, can a district continue to count the student as LEP on the Application for School State Aid (ASSA) and the ML PlacementTracking System?
   No. The district may not continue to count these MLs as eligible to receive bilingual categorical aid because districts are not eligible to receive bilingual categorical aid for MLs not being served.

See Implementing LIEPs for multilingual learners in N.J. for additional information regarding programs which support multilingual learners