FAQ- Bilingual and ESL Questions- Part 1

What happens when a parent doesn’t want services for their child?

According to the parental consent amendment to the N.J. Bilingual Education Law, parents of limited English proficient students have the right to decline bilingual education program services. The parent has the right to decline enrollment of their child in a bilingual education program and may choose to have their child participate in ESL services only. In addition, if a parent declines bilingual/ESL services during school registration, they may, at a later time, request these instructional services. It is, however, the decision of the local district whether to enroll the child mid-year or at any point during the school year the child will be permitted to enroll.

What if a child speaks absolutely no English, is doing poorly in class, but the parents refuse services? Can the teacher/ administrator/ district do anything to appeal this?

The parent makes the final decision. If a parent chooses to decline services for their child at the beginning of the school year, then the child cannot be enrolled in the program. As of July 1, 1996, the parental consent amendment to the bilingual education law, states that parents of English Language Learners have the right to decline bilingual and ESL services. Prior to this,

the parent could only challenge a district’s decision, but could not decline services without an appeal. This is considered an appeal process. This information can be found in section “P.L. 1995 C.327, N.J.A.C. 6A:15” of the N.J. Administrative Code. It must also be noted that the parents may decline bilingual services while accepting ESL-only services. The district cannot appeal a parent’s decision.

Can a parent remove an LEP student from a bilingual/ESL program before the end of the school year?

Once a child has been enrolled in the District’s Bilingual/ ESL Program, the parent can only remove the child at the end of the school year. This rule applies during the first three years of their participation in the program. If, however, the parent or guardian insists on removing the student prior to the end of the school year, he/she must first get the approval of the County Superintendent of Schools. Once the parent has secured such approval, the child may be removed. The child must remain in the program and receive services until the process is concluded.

What if a child is exited from the program but the parent wants them to continue receiving services?

If a child is newly exited from the program but fails to show progress in the mainstream English program, that child can be considered for re-entry to the bilingual and ESL program as follows:

1. After a minimum of one-half an academic year and within two years of exit, the mainstream English classroom teacher, with the approval of the Bilingual/ESL supervisor, may recommend

2. A waiver of the minimum time limitation may be approved by the county superintendent upon request of the Bilingual/ESL Supervisor if the student is experiencing extreme difficulty in adjusting to the mainstream

3. The recommendation for retesting shall be based on the teacher’s judgment that the student is experiencing difficulties due to problems in using English as evidenced by the student’s inability to communicate effectively with peers and adults;; understand directions given by the teacher, and/or comprehend basic verbal and written materials.

4. The student shall be tested using a different form of the test or a different language proficiency test than the one used to exit the

5. If the student scores below the State established standard on the language proficiency test, the student shall be reenrolled into the bilingual or ESL

Do children who receive Special Education Services also qualify for bilingual and ESL services?

Yes, they do. When a child receives special education services, this does not exclude them from receiving ESL and bilingual services when applicable. Such services must be

outlined in the child’s IEP (Individualized Education Program). Then, the district must provide such services if available. If a parent disagrees with the provisions found in the IEP, the parent may request mediation or due process to have such provisions changed.