1. CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Parental Waivers for English Learners Carlos Rivera, Administrator Language Policy and Leadership Office

2. TOM TORLAKSON State Superintendent of Public Instruction Placement of English Learners Except by parental waiver, all children must be placed in English language classrooms. English learners are to be educated through sheltered English immersion during a temporary transition period, then transferred to mainstream classrooms. Under approved parental waivers, children may be transferred to classes where they are taught English and other subjects through bilingual education techniques or other methods permitted by law.

3. TOM TORLAKSON State Superintendent of Public Instruction Parental Notification Parents* must be informed of the placement of their children in a structured English immersion program. All such parents must be notified of an opportunity to apply for a parental exception waiver. The notice shall include a description of locally-adopted procedures for requesting a waiver and any locally-adopted guidelines for evaluating a waiver request. * “Parent” means “parent or legal guardian” throughout.

4. TOM TORLAKSON State Superintendent of Public Instruction When a Parental Waiver May Be Granted A waiver may be allowed based on any of the following: The child already knows English The child is age 10 or older The child has special needs

5. TOM TORLAKSON State Superintendent of Public Instruction Procedures for Granting Waivers Parent must apply annually in person. Parent must be given a full description of all options available. For a waiver based on special needs, pupil must be placed for at least 30 calendar days in an English language classroom; the district superintendent must approve the waiver pursuant to local guidelines. Waivers must be granted unless school staff have determined that it would not be best for the student. If 20 or more pupils of a given grade level are granted waivers at a school, the school must offer such a class or allow pupils to transfer to another public school.

6. TOM TORLAKSON State Superintendent of Public Instruction Recommendation of Waivers School staff may recommend a waiver to the parent. Parent must be informed in writing with a full description of the recommended alternative program and all other available options. Parent has the right to refuse to agree to a waiver.

7. TOM TORLAKSON State Superintendent of Public Instruction Denial of Waivers In case a waiver is denied, parents must be informed of reasons in writing. Parents must be advised that they may appeal to the local board or to the court.

8. TOM TORLAKSON State Superintendent of Public Instruction Deadlines for Acting on Waiver Requests All waivers must be acted upon by the school within 20 instructional days of submission to the school principal. However, waivers based on special needs shall not be acted upon during the 30-day placement in an English language classroom. These special needs waivers must be acted upon no later than 10 calendar days after expiration of the 30-day placement, or within 20 instructional days of submission to the school principal, whichever is later.

9. TOM TORLAKSON State Superintendent of Public Instruction Questions