Reply to FLES in FCPS - is it possible to opt out?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]I'm the one who posted about a child who has stuck with the program and likely will continue it.  As I said up front, it depends on a child's disabilities.  As for services, it's only now, late in elementary that we became fully aware that, legally, the school system is required to provide services or at least accomodations; most school systems, including ours, are not prepared for this and, in fact, for years we were told that they don't provide such services -- and we accepted that as accurate.  It's not.  So we've been working with them on accomodations.  I will say that that the lack of services until now has definitely not been helpful but nevertheless, the special ed services in English have helped with Spanish reading and writing.  DC's reading in Spanish took off at the same time as reading in English did -- but both also remain challenging (DC now reads close to grade level after lagging a year+ behind in English reading).  Also, there's transference - DC was able to talk in English about subjects learned in Spanish with no problem.  I also understand that speech issues can be very different - DC "only" has ADHD and a writing disability (although we think there may be others)[/quote]

At the elementary level, foreign language isn't a core subject.  FCPS is not required to provide foreign language special ed services.  If a child is unable to access the curricula in the target language without special education services then immersion will be deemed inappropriate for the child and he will be re-assigned to a non-immersion classroom.  Not saying kids wouldn't benefit from it but considering the funding situation, I understand it.[/quote]

Not true as far as I know (whether they will provide services is another matter).  VA special ed regs define foreign language as a core subject - period.
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While foreign language is defined in federal law as a core academic subject, it is not at the elementary school level.  If it were, all elementary school kids in the US would receive foreign language instruction, there would be standardized testing and special education services would be provided in the target language.  I doubt very much it's going to change any time soon.

The FCPS Office of Instruction has indicated in writing that ‘immersion’ is a supplement to the regular academic program and not an academic requirement.  If special education services are required in the target language for a child to access the curricula, the child will be re-assigned to a regular classroom.  Our education consultant has also indicated, even if we had the money for a legal battle, we wouldn’t win on this issue.  Until foreign language is a core academic subject for elementary school kids, special education services aren’t required to be provided in the target language.
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It's defined the same way under Virginia State Regs without such limitations.  Moreover, math is taught in the foreign language in immersion programs and the schools typically have bilingual special ed teachers working with kids in the target language.  Besides, foreign language at any level can be deemed a supplement.  I know a lot about immersion and have a child with special needs in such a program - the issue is a funding one.  School systems would do well to develop services for reading in the target language and ensure aides are present during the language arts curriculum.  Fairfax is obfuscating and not meeting its legal obligations.

The term "core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography." (No Child Left Behind Act, 20 U.S.C. Section 7801(11); see pages 65-66 of Wrightslaw: No Child Left Behind) 
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