Federal Compliance And Coordination

20 USC 7602




Part E--General Provisions

Sec. 7602. Regulations and notification

(a) Regulation rule

In developing regulations under this subchapter, the Secretary shall
consult with State and local educational agencies, organizations
representing limited English proficient individuals, and organizations
representing teachers and other personnel involved in bilingual

(b) Parental notification

(1) In general

Parents of children and youth participating in programs assisted
under part A of this subchapter shall be informed of--
(A) a student's level of English proficiency, how such level
was assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and needs
for age and grade appropriate academic attainment, promotion,
and graduation;
(B) what programs are available to meet the student's
educational strengths and needs and how the programs differ in
content and instructional goals, and in the case of a student
with a disability, how the program meets the objectives of a
student's individualized education program; and
(C) the instructional goals of the bilingual education or
special alternative instructional program, and how the program
will specifically help the limited English proficient student
acquire English and meet age-appropriate standards for grade-
promotion and graduation, including--
(i) the benefits, nature, and past academic results of
the bilingual educational program and of the instructional
alternatives; and
(ii) the reasons for the selection of their child as
being in need of bilingual education.

(2) Option to decline

(A) Such parents shall also be informed that such parents have
the option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to so decline if
such parents so choose.
(B) A local educational agency shall not be relieved of any of
its obligations under title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.] because parents choose not to enroll their
children in bilingual education programs.

(3) Receipt of information

Such parents shall receive, in a manner and form understandable
to such parents, including, if necessary and to the extent feasible,
in the native language of such parents, the information required by
this subsection. At a minimum, such parents shall receive--
(A) timely information about projects funded under part A of
this subchapter; and
(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose of
formulating and responding to recommendations from such parents.

(4) Special rule

Students shall not be admitted to or excluded from any federally
assisted education program merely on the basis of a surname or
language-minority status.

(Pub. L. 89-10, title VII, Sec. 7502, as added Pub. L. 103-382, title I,
Sec. 101, Oct. 20, 1994, 108 Stat. 3748.)

References in Text

The Civil Rights Act of 1964, referred to in subsec. (b)(2)(B), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Act is classified generally to subchapter V (Sec. 2000d et seq.) of
chapter 21 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.

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This page was last updated on November 13, 2000

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Updated August 6, 2015

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