Visalia seeks Prop. 227 waiver

Superintendent Linda Gonzales says a general waiver will buy the district time.

Calling Proposition 227 vague and insensitive to the needs of students with limited English proficiency, Visalia Unified school board members Tuesday sought a general waiver from the new law.

“We have every intention of complying with the law,” Superintendent Linda Gonzales said, “but with this waiver we can wait for more defined regulation which may come after the November election.”

The move would affect about 3% of the district’s students. Gonzales said a Thursday community forum indicated that parents are concerned about their children’s education following the passage of the proposition. That, in addition to liability issues that could stem from as-yet undefined regulation and unknown legal penalties, warrant the waiver, she said.

Proposition 227, approved June 2 by 61% of the voters, calls for the state’s 1.4 million limited-English speaking students to be placed in intensive one-year immersion classes, then into English-language classes. About 5,500 students, or 23% of Visalia Unified’s 24,000 students, are limited-English speaking and now in intensive English-language-learning classes as spelled out by the new law, Suzanne Monroe, supervisor for compensatory education, said.

“We’re not trying to get out of the intent of the law, but not everybody’s in the same situation we’re in here in the Central Valley,” said Louis Montion, board president.

That’s why, Montion said, local governments need to be in control of the programs.

Sandra Streeter, deputy superintendent of education services, said she expects 1,300 students and their parents to request additional instruction in their primary language, which is where the general waiver will help the district.

As it is now, parents can sign a parental waiver that would give their children the additional primary-language instruction. But for the district, the paperwork for each student requesting that waiver is extensive.

By seeking an overall waiver, the district can eliminate the paperwork, Streeter said.

School officials are also concerned about an article in Proposition 227 that requires schools to meet with every student and provide them possible program options.

If that student is not given the full array of options, the schools, district, school board and administrators are held liable. Streeter said the district is interviewing each student and parent to educate them about their choices, but said it is possible to overlook one or two students out of the 5,500. If that happens, she said, the district could be sued.

“If we miss one or two, it could jeopardize the school, the district, the board,” Montion said. The California Board of Education will decide whether to grant the waiver and that may not be until December, Monroe said.



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