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Q. Is parental consent only for bilingual education programs or does it also include ESL-only programs and English language services (ELS)?
A. Although LEAs have an obligation to serve all multilingual learners, parents have a right to decline or opt their children out of a LIEP or out of particular LIEP services. [Source: English Learners Dear Colleague Letter, page 30].

Q. Can a parent accept a bilingual part-time program for their child, but refuse daily ESL?
A. Yes. [Source: English Learners Dear Colleague Letter, page 30].

Q. A parent does not want full-time bilingual education but is open to sheltered instruction classes. Can I provide a different type of language instructional education program?
A. Yes. [Source: English Learners Dear Colleague Letter, page 30].

Q. Can a student whose parent refused services and who does not want their child tested with an ELP assessment be exited?
A. No. The U.S. Department of Education is clear on this matter (Exit Procedures, p.8). The LEA is unable to exit that student from multilingual learner status unless the student has demonstrated proficiency on a valid and reliable ELP assessment that includes the four domains (see Exiting Multilingual Learners from ML Status).

Q. Can a parent remove a multilingual learner from a LIEP in the middle of the school year?
A. During the first three years of a student’s participation in a LIEP, a parent or guardian may only remove a student at the end of the school year. If a parent or guardian wishes to remove the student prior to the end of the school year, they must have the approval of the Executive County Superintendent (ECS) (The Parental Consent Law).

Q. When is the ECS informed about the parents' request to remove their child from a LIEP?
A. The ECS should be informed about a parent's intent to remove their child from a LIEP only if the parent wishes to remove a student from a program before the end of a school year. In such cases, the ECS will review the case within a reasonable amount of time. The review may include student performance data and observations from content and English language specialist teachers of the student. The ECS may determine to maintain the student in the LIEP, if it is in the best interest of the student or allow the parent to remove their child from the LIEP.

Q. Can the parent appeal the ECS decision?
A. Yes. If the county superintendent that the student should remain in the bilingual education program until the end of the school year, the parent may appeal the county superintendent’s decision to the Commissioner of Education, or his designee, the provisions of section 2 of P.L.1991, c.12 C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal.

Q. Does the student stay in the LIEP until the end of the appeal to the county office of education and Commissioner of Education?
A. Yes, the student will remain enrolled in the LIEP until the appeal process is completed.

Q. If a parent does not want their child in a program, regardless of the student's English language proficiency level, is there an appeal process for an LEA?
A. No. The administrative code does not allow for an appeal process for LEAs.

Q. Will a LEA that currently implements a full-time bilingual education program be required to maintain the LIEP type if the enrollment falls below 20 students of the same language group?
A. No. If, due to parents' declining services, the number of students falls below the requirement for a full-time program, the district has the option of continuing to provide a full-time bilingual education program for any language classification with fewer than 20 students or adjust the LIEP type based on the requirements in N.J.A.C. 6A:15.

Q. If a parent declines LIEP, can a district continue to count the student as a multilingual learner for funding purposes?
A. It depends.

• The answer is No on the Application for School State Aid (ASSA) and the multilingual learner Enrollment Tracking System because districts are not eligible to receive bilingual categorical aid for multilingual learners not being served.
• The answer is Yes for Title III federal funding because Title III funding is based on identification of students ages 3 to 21 who need English language assistance.