Parental Rights in Bilingual Education
In Texas, emergent bilingual students make up almost 25% of the student population.
As a parent or guardian of an emergent bilingual student, it's crucial to be aware of your rights regarding your child’s bilingual education. To better support you, this webpage will address your parental rights across a variety of topics.
Educational Access
Can I get school information in a language I understand?
Yes, schools are required to provide important information in a language you understand. They will offer interpreters or translated materials to make sure everything is clear.
Who can translate for me?
Only trained professionals or staff can provide translation or interpretation. Schools cannot ask other students or untrained individuals to do this.
Does my child have the right to participate in all school programs?
Yes, your child has the right to be part of all educational programs, such as pre-kindergarten, gifted and talented programs, and career and technical courses. This is protected by federal law, specifically, Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974.
Can my child be separated from others because of their language?
No, schools cannot segregate students based on language or national origin. Any grouping is temporary and only for the purpose of giving your child the support they need.
Will my child be taught by qualified teachers?
Yes, your child has the right to learn from teachers who are trained and have the necessary resources to help them succeed. The Texas Education Agency (TEA) makes sure that these programs are high-quality.
What if my child is both an emergent bilingual and has a disability?
If your child has a disability, they still have the right to special education services under laws like the Individuals with Disabilities Education Act (IDEA) and Section 504. The school will provide a plan to meet your child’s specific needs.
By understanding these rights, you can better support your child’s education and make sure they get the services they need to succeed.
Process and Service of Language Programs
What is the Home Language Survey, and why is it important?
The Home Language Survey (HLS) helps the school understand what language is spoken at home and how it may affect your child's education. Your answers help decide if your child needs extra support learning English.
What happens if I put a language other than English is spoken at home on the Home Language Survey (HLS)?
If you put a language other than English on the HLS, the school will test your child's English skills to see if they need English language support. You don't need to give permission for this test—it’s part of the process.
Can I change my answers on the Home Language Survey?
Yes, you can make changes to the HLS within two calendar weeks of initially filling the HLS out, but only before your child is tested for English proficiency. After that, the information stays the same.
How will I be notified if my child is classified as an emergent bilingual?
Within four calendar weeks, the school’s Language Proficiency Assessment Committee (LPAC) will send you a letter, in your home language, to let you know if your child is considered an emergent bilingual student. This letter will include their English proficiency level, details about the language support program, and how the program can help your child.
What types of language programs are available for my child?
Schools offer different programs like English as a Second Language (ESL), Transitional Bilingual Education, or Dual Language Immersion. You have the right to approve or deny which program your child participates in.
Can I change my child’s language program?
Yes, you can request a switch from one program to another if you feel it’s necessary for your child.
Can I opt out of these language services?
Yes, you can choose to opt out. However, the school will still monitor your child’s progress through the Texas English Language Proficiency Assessment Standards, or TELPAS, which is a test that your child will take each year.
If your child shows that he or she needs help later, the school will offer support again. Your child can only leave the program completely after they meet the proficiency standards for listening, speaking, reading, and writing based on their scores on the TELPAS test they take each year.
How will I know about my child’s progress in learning English?
The school will keep you updated on how your child is improving in English. You have the right to receive this information regularly and will receive an update at least once per year.
What happens when my child is ready to exit the bilingual or ESL program?
Once your child is ready to be reclassified as English proficient, the school will send you a letter asking for your approval to exit the program.
Can I keep my child in the program even after they are reclassified?
Yes, if you feel your child still needs extra support, you can ask for them to stay in the program longer.
What if I opted out of services for my child?
Even if you opted out, your child is still considered an emergent bilingual and will continue to take an annual language proficiency test until they meet the criteria to exit.
How do schools check if language programs are working?
Schools measure success by testing students to see if they can participate fully with their peers who speak English. If improvements are needed, they adjust the program.