Rights and Responsibilities of Parents of Students Whose First Language is
Not English
This handout is designed to help you understand your rights and responsibilities as a parent of a
student whose first language is not English. This handout does not apply to students whose first
language is English.
Does your child need ESL or bilingual services?
First, the school must find out if your child uses a language other than English at home. This is
often done through a “Home Language Survey” or during enrollment at the start of the new
school year. Second, if your child uses a language other than English at home, the school must
then find out if he/she can speak, understand, read, and write English well. The school may use
formal tests, your child’s grades, and the opinion of his/her teacher to see if he/she has trouble
with English. If the school decides that your child does have difficulty with English, the school
must give your child help, maybe through an ESL or bilingual program.
ESL and bilingual programs
ESL and bilingual programs help your child learn English. But while learning English, your
child should also learn subjects that other students learn, such as math, science, and social
studies.
ESL or bilingual classes must be taught by licensed teachers. Aides may help the teacher, but
aides cannot teach classes by themselves. The school must also have enough teachers for the
ESL and/or bilingual program. ESL or bilingual teachers must have enough books and other
resource materials that are right for your child’s age and grade. The classrooms for ESL or
bilingual classes should be the same as those for other classes.
Students in ESL and/or bilingual programs should take part in classes and activities with other
students where mastery of English is not required. Examples of these classes are gym, art,
music and recess.
Leaving the ESL and/or bilingual program
At least once a year, the school should decide if your child is ready to leave the ESL/bilingual
program and enter regular classes. Students who have left the ESL/bilingual program should
have mastered speaking, reading, and writing in English and be able to take part effectively with
their teachers and peers. Parents should talk to their child’s teacher about their child’s skill in
English and his/her performance in classes to help in making the decision about their child’s
removal from the ESL/bilingual program.
The school should also check on those ESL/bilingual students removed from the program to
make sure they are learning in regular classes. If these students are having trouble
understanding their subjects, the school must see whether the difficulty is related to problems
with English. If so, the student must be given more help, sometimes more ESL/bilingual help.
School communication with parents
The school must communicate with you in a language you can understand. The school must
provide the parents of students in ESL and/or bilingual programs with the same information that
it gives to the parents of students in regular classes. If necessary, schools should use interpreters
to inform you about your child’s program or the school may send information that has been
translated into your home language.
Regular and special opportunity programs and services
Students in the ESL and/or bilingual program should be allowed to enroll in any courses that the
school offers so long as the students meet the requirements. The school must give your child the
chance to participate in vocational education programs, honors classes or gifted and talented
programs and other special programs if he/she meets the requirements.
Students with disabilities
Schools may not put students in special education programs only because they have difficulty
with English. If your child needs both ESL/bilingual services and special education services, the
school must provide both programs to your child. When deciding if a student needs special
education, schools should take into account language and cultural differences.
District evaluation and review of its ESL and/or bilingual program
Every few years, the school district must look at its ESL/bilingual program to decide if the
program is helping students who have difficulty with English to speak, understand, read, and
write English. The district must make changes to its program if problems are found.
Resource: United States Department of Education, Office of Civil Rights
Rights and Responsibilities of Parents_English 7/31/12 Section 2, Identification & Enrollment