440. (a) A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801 and following of Title 20 of the United States Code.
(b) In accordance with Section 7012 of Title 20 of the United States Code, each parent or guardian of a pupil enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the school year. The notice shall include all of the following:
(1) The reason for the child’s classification as limited English proficient.
(2) The level of English proficiency.
(3) A description of the program for the English language development instruction, including a description of all of the following:
(A) The manner in which the program will meet the educational strengths and needs of the child.
(B) The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards.
(C) The specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for limited-English-proficient children, and the expected rate of graduation from secondary school for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools.
(D) Where the child has been identified as having exceptional needs, the manner in which the program meets the requirements of the child’s individualized education plan.
(4) Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program or to choose to allow the child to become enrolled in an alternative program.
(5) Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)