No Child Left Behind Act of 2001, Title I Part A, Sec. 1112 (g)(1)(A), Title III, Part C, Sec. 3302, and Title IX, Part A, Sec. 9101
Under Title III Parental Notification requirements, a school, no later than 30 days after the beginning of the school year, must inform the parent or parents of a limited English proficient (LEP) student that their child has been identified for participation in a language instruction educational program. If a child has not been identified as LEP prior to the beginning of the school year, then the parents must be notified within two weeks of the child's placement in a language instruction educational program. The notification must include the following information:
Why the child was identified as LEP and why the child needs to be placed in a language instructional educational program that will assist the child to develop and attain English proficiency and meet state standards;
The child's level of English proficiency, how such level was assessed, and the child's academic level;
The method of instruction that will be used to serve the child, including a description of other methods of instruction available and how those methods differ in content, instructional goals, and the use of English and a native language, if applicable.
How the program will meet the specific needs of the child in attaining English and meeting state standards;
The program's exit requirements, the expected rate of transition into a classroom not tailored for LEP students, and, in the case of high school students, the expected rate of graduation;
How the instructional program will meet the objectives of an individualized education program of a child with a disability; and
Written guidance on the rights that parents have to remove their child from a program upon their request, in accordance with N.J.A.C. 6A:15-1.13, or to choose another program or method of instruction, if available, and how parents will be provided assistance in selecting the best program to serve their child.
If a school fails to make progress in meeting the state's annual measurable achievement objectives, then the school must separately inform the parents of an LEP child of the school's failure no later than 30 days after the failure occurs.
A school receiving Title III funds must implement an effective means of outreach to parents of LEP children. Outreach to parents must include information on how parents can become involved in the education of their children and how they can actively participate in helping their children learn English, achieve at high levels in the core academic subjects and meet state standards. Outreach also must include regular meetings for parents and notices of such meetings to parents so that parents have the opportunity to provide suggestions and recommendations.