 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
                       Part E--General Provisions
 
Sec. 7602. Regulations and notification


(a) Regulation rule

    In developing regulations under this subchapter, the Secretary shall 
consult with State and local educational agencies, organizations 
representing limited English proficient individuals, and organizations 
representing teachers and other personnel involved in bilingual 
education.

(b) Parental notification

                           (1) In general

        Parents of children and youth participating in programs assisted 
    under part A of this subchapter shall be informed of--
            (A) a student's level of English proficiency, how such level 
        was assessed, the status of a student's academic achievement and 
        the implications of a student's educational strengths and needs 
        for age and grade appropriate academic attainment, promotion, 
        and graduation;
            (B) what programs are available to meet the student's 
        educational strengths and needs and how the programs differ in 
        content and instructional goals, and in the case of a student 
        with a disability, how the program meets the objectives of a 
        student's individualized education program; and
            (C) the instructional goals of the bilingual education or 
        special alternative instructional program, and how the program 
        will specifically help the limited English proficient student 
        acquire English and meet age-appropriate standards for grade-
        promotion and graduation, including--
                (i) the benefits, nature, and past academic results of 
            the bilingual educational program and of the instructional 
            alternatives; and
                (ii) the reasons for the selection of their child as 
            being in need of bilingual education.

                        (2) Option to decline

        (A) Such parents shall also be informed that such parents have 
    the option of declining enrollment of their children and youth in 
    such programs and shall be given an opportunity to so decline if 
    such parents so choose.
        (B) A local educational agency shall not be relieved of any of 
    its obligations under title VI of the Civil Rights Act of 1964 [42 
    U.S.C. 2000d et seq.] because parents choose not to enroll their 
    children in bilingual education programs.

                     (3) Receipt of information

        Such parents shall receive, in a manner and form understandable 
    to such parents, including, if necessary and to the extent feasible, 
    in the native language of such parents, the information required by 
    this subsection. At a minimum, such parents shall receive--
            (A) timely information about projects funded under part A of 
        this subchapter; and
            (B) if the parents of participating children so desire, 
        notice of opportunities for regular meetings for the purpose of 
        formulating and responding to recommendations from such parents.

                          (4) Special rule

        Students shall not be admitted to or excluded from any federally 
    assisted education program merely on the basis of a surname or 
    language-minority status.

(Pub. L. 89-10, title VII, Sec. 7502, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3748.)

                       References in Text

    The Civil Rights Act of 1964, referred to in subsec. (b)(2)(B), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the 
Act is classified generally to subchapter V (Sec. 2000d et seq.) of 
chapter 21 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2000a of Title 42 and Tables.
