Page:United States Statutes at Large Volume 115 Part 2.djvu/484

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115 STAT. 1468 PUBLIC LAW 107-110-^AN. 8, 2002 if funds under this part are used for children in secondary schools; "(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; "(viii) information pertaining to parental rights ,. that includes written guidance— "(I) detailing— "(aa) the right that parents have to have their child immediately removed from such program upon their request; and "(bb) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and "(II) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. Deadline. "(B) SEPARATE NOTIFICATION. —In addition to providing the information required to be provided under paragraph (1), each eligible entity that is using funds provided under this part to provide a language instruction educational program, and that has failed to make progress on the annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days after such failure occurs. "(2) NOTICE. —The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. Deadline. "(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR. — For those children who have not been identified as limited English proficient prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). "(4) PARENTAL PARTICIPATION. —Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. "(5) BASIS FOR ADMISSION OR EXCLUSION.—^A student shall not be admitted to, or excluded from, any federally assisted