Clear, timely, and compliant communication with our Multilingual Learner (ML) families is a legal mandate. All formal notices must be provided in a language comprehensible to the parent. Email delivery is legally acceptable provided the message carries all required statutory elements.
English Language Proficiency (ELP) Assessment Notification: Sent prior to screening to inform families that their child will be assessed for English language proficiency.
Required Timing: Aug 24 – Sep 4.
Notification of Initial Placement in Bilingual/ESL Program: Identifies the reason for ML identification, the student's proficiency level, the specific program model, and the parent's right to decline services.
Required Timing: Within 30 days of the start of the school year (or within 14 days for students enrolling after the year begins).
Notification of Continuing Placement in Bilingual/ESL Program: Issued annually to all ML families, strictly including those who have previously declined services. Must include the most recent ACCESS score.
Required Timing: Within the first 30 days of the school year.
Notification of Exit from ESL Program: Issued the exact moment a student meets both the ELP standard and observation exit criteria. Explains the change in status and outlines the mandatory monitoring period.
Required Timing: As soon as criteria are met.
Annual Opt-Out Waiver: Legally documents a family's decision to decline instructional services. This must be revisited and re-signed every single school year.
Required Timing: Annually.
ACCESS for ELLs Testing Notice: Informs families of the annual state assessment window and their child's mandatory participation.
Required Timing: By Feb 12.
Before sending any placement notification, you must confirm that all of the following elements are present. Omission of any item is a compliance violation:
Timeliness: Sent within 30 days of the start of the year (or 14 days for later enrollees).
Accessibility: Written in an understandable, uniform format and, to the extent practicable, in a language the parents understand.
Rationale: Clearly states why the child was identified as an ML and why placement in a language instruction program will benefit them.
Proficiency Data: Reports the child's exact level of English proficiency, how it was assessed, and the child's current academic level.
Program Details: Describes the specific method of instruction used, other available service models, and how they differ (e.g., ESL, Bilingual Resource, Inclusion/Push-in, or Pull-out).
Alignment to Standards: Explains how the program will meet the child's specific needs in attaining English proficiency and meeting state academic standards.
Exit Timelines: States the program's exit requirements, the expected rate of transition, and (for high school students) the expected graduation rate.
IEP Integration: Explicitly explains how the language program will meet the objectives of an IEP for a child with a disability.
Parental Rights: Provides clear, written guidance on the parent's right to remove the child from the program or choose another available program.
Contact Information: Names the specific staff member to contact with questions about program services.
Parents have the legal right to refuse some or all services, request different available services, or refuse entirely. You must adhere to the following protocols if a family declines services:
Documentation: A parent may refuse verbally or in writing; however, the staff member must fully document the refusal either way using the Annual Opt-Out Waiver.
Status Retention: Refusal of services does not exit a student from ML status. The ML designation remains active until the student reaches a 4.5+ composite score and completes the formal exit observation process.
Mid-Year Removals: Removing a student mid-year during their first three years of program participation requires direct approval from the Executive County Superintendent. Year-end removals do not require this approval.
Funding Implications: A student who refuses services still counts for federal Title III purposes, but they do not count for state bilingual categorical aid (ASSA).
Continuous Notification: The Annual Continuing Placement Notification must still be sent every single year to families who have declined services.
Administrators and ESL staff must track and retain physical or digital copies of the following communications for every student. Ensure these are marked as "Sent" and are permanently "On File":
ELP Screening Notification
Initial Placement Notice
Annual Continuation Notice
Exit/Reclassification Notice
Annual Opt-Out Waiver (if applicable)
ACCESS Testing Notice
Use the letter templates provided in the folder. DO NOT edit the master template. Make a copy and carry it to your school Drive folder.