Cal. Code Regs. Tit. 5, § 11311 - Parent Requests to Establish a Language Acquisition Program

(a) An LEA shall establish a process for schools of the LEA to receive and respond to requests from parents of pupils enrolled in the school to establish a language acquisition program other than, or in addition to, such programs available at the school. The LEA process shall require each school to make a written record of each request, including at least the following:

(1) The date of the request;

(2) The names of the parent and pupil;

(3) A general description of the request; and

(4) The pupil's grade level on the date of the request.

(b) Each school shall maintain a written record of verbal requests that includes the information set forth above.

(c) Each school shall assist parents in clarifying requests, as needed.

(d) Each school shall retain written records of parent requests for language acquisition programs for at least three years from the date of the request.

(e) A parent whose pupil is enrolled in a school for attendance in the next school year may submit a request for a language acquisition program.

(f) A school shall consider requests for a multilingual program model from parents of pupils enrolled in the school who are native speakers of English when determining whether a threshold specified in subdivision (h) is reached.

(g) Each school shall monitor the number of parent requests for language acquisition programs on a regular basis and notify the LEA immediately upon reaching a threshold specified in subdivision (h).

(h) When the parents of 30 pupils or more enrolled in a school, or when the parents of 20 pupils or more in the same grade level enrolled in a school, request the same or substantially similar type of a language acquisition program, the LEA shall respond by taking the following actions:

(1) Within 10 school days of reaching a threshold described in subdivision (h), notify the parents of pupils attending the school, the school's teachers, administrators, and the LEA's English learner parent advisory committee and parent advisory committee, in writing, of the parents' requests for a language acquisition program;

(2) Identify costs and resources necessary to implement any new language acquisition program, including but not limited to certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development for the proposed program, and opportunities for parent and community engagement to support the proposed program goals; and

(3) Determine, within 60 calendar days of reaching a threshold described in subdivision (h), whether it is possible to implement the requested language acquisition program; and provide notice, in writing, to parents of pupils attending the school, the school's teachers, and administrators, of its determination;

(A) In the case of an affirmative decision to implement a language acquisition program at the school, create and publish a reasonable timeline of actions necessary to implement the language acquisition program.

(B) In the case where the LEA determines it is not possible to implement a language acquisition program requested by parents, the LEA shall provide in written form an explanation of the reason(s) the program cannot be provided and may offer an alternate option that can be implemented at the school.

(i) Each school shall follow the process set forth in subdivision (h), even when the LEA provides the requested language acquisition program at another school of the LEA at the time the threshold specified in subdivision (h) is met.

Notes

Cal. Code Regs. Tit. 5, § 11311

Note: Authority cited: Section 33031, Education Code. Reference: Sections 305, 310, 44253.3 and 44253.4, Education Code; and 20 U.S.C. Section 1703(f).

1. New section filed 5-18-2018; operative 7-1-2018 (Register 2018, No. 20).