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The 191st General Court of the Commonwealth of Massachusetts

Section 12: Duty to inform parents or legal guardians of English learners of their rights

Section 12. School districts shall, at least annually, inform the parents or legal guardians of English learners of their rights to: (i) choose a language acquisition program among those offered by the school district under section 4; (ii) request a new language acquisition program under said section 4; or (iii) withdraw a student from a language acquisition program. Notice shall be sent by mail not later than 10 days after the enrollment of the student in the school district. The notice shall, to the extent possible: (A) be in a language that is understandable to the parents or legal guardians; (B) contain a simple, easy to understand description of the purpose, method and content of the available programs; (C) inform the parent or legal guardian of the right to visit an English learner program in the school district; and (D) inform the parent or legal guardian of available conferences or meetings to learn about the English learner programs offered in the school district.

If the school district recommends placing an English learner in an English learner program, the parent or legal guardian of the student shall have the right, at the time of the original notification under this section or at the close of a marking period, to withdraw the student from a program by sending written notice of the decision by mail or electronic communication to the school authority designated by the school district in which the student is enrolled; provided, however, that written confirmation of the withdrawal shall be provided annually to the school by the parent or legal guardian and such confirmation shall be retained in the student's cumulative folder; and provided further, that the student shall retain the right to enter into an English learner program at any time.