FILED ON: 7/31/2016
HOUSE . . . . . . . . . . . . . . . No. 4566
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The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act relative to language opportunity for our kids.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The nineteenth paragraph of section 1I of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after clause (j), the following clauses:-
(k) a description of the school district’s plan to evaluate the effectiveness of its English language learner programs relative to: (i) helping students attain English language proficiency and master academic standards; (ii) measuring student readiness to join mainstream classrooms; (iii) evaluations and measures provided in addition to department requirements; and (iv) a description of the steps that the school district plans to take to address an identified deficiency;
(l) a record of: (i) instances in which a parent or guardian requested to withdraw a student from or refused a student’s participation in an English learner program; and (ii) meetings held with parents regarding a student who is not making satisfactory progress toward participating and learning in an integrated classroom;
(m) a description of training provided by the district to staff who work with culturally and linguistically diverse student populations; and
(n) documentation detailing the participation of English language learners in the district’s regular and advanced educational programs and extracurricular activities.
SECTION 2. The fifth paragraph of section 59C of chapter 71, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-
In school districts in which English language learners comprise more than 5 per cent of the district’s student population, the plan to improve student performance shall include a description of the educational program models and approaches offered by the school district to ensure the progress of English language learners in attaining English speaking, reading, writing and oral comprehension skills and in meeting academic standards under section 1D of chapter 69 and curriculum frameworks under section 1E of said chapter 69.
SECTION 3. Section 3 of chapter 71A, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- School districts shall track the academic performance of students who have exited an English learner program to assess the academic achievement and effectiveness of English language classroom programming.
SECTION 4. Section 4 of said chapter 71A is hereby amended by inserting after the word “immersion”, in line 6, the following words:- , or an alternative instructional program approved by the department of elementary and secondary education,.
SECTION 5. Section 5 of said chapter 71A is hereby amended by inserting after the word "visit”, in line 6, the following words:- or provide a written request to.
SECTION 6. Said section 5 of said chapter 71A is hereby further amended by striking out the third sentence and inserting in place thereof the following sentences:- A school, under advisement of a teacher or guidance counselor, may also request a waiver for an individual student. If a parental or school-requested waiver has been granted by the department, the affected child may be transferred to classes teaching English and other subjects through bilingual education techniques or other generally-recognized educational methodologies permitted by law.
SECTION 7. Said section 5 of said chapter 71A is hereby further amended by inserting after the word “parental”, in line 18, the following words:- or school-requested.
SECTION 8. Said section 5 of said chapter 71A is hereby further amended by inserting after the word “classroom”, in line 33, the following words:- or has a demonstrated need based on his or her academic record from the previous year,.
SECTION 9. Said section 5 of said chapter 71A is hereby further amended by inserting after the word “provided”, in line 41, the following words:- by the parent or school.
SECTION 10. Said section 5 of said chapter 71A is hereby further amended by inserting after the word “passed,” in line 46, the following words:- unless the student has previously attended the school,.
SECTION 11. Chapter 71A, as so appearing, is hereby further amended by inserting after section 5 the following section:-
Section 5A.
School districts shall annually inform the parents or legal guardians of English learners of their right to apply for a waiver and choose an alternative language acquisition program among those offered by the school district, or to withdraw a student from a language acquisition program. Notice shall be sent by mail not later than 10 days after the enrollment of the student in the school district. The notice shall, to the extent feasible: (i) be in a language that is understandable to the parents or legal guardians; (ii) contain a clear description of the purpose, method and content of the available programs; (iii) inform the parent or legal guardian of the right to visit an English learner program in the school district; and (iv) inform the parent or legal guardian of available conferences or meetings to learn about the English learner programs.
If a school district recommends placing an English learner in an English learner program, the parent or legal guardian of the student shall have the right, at the time of the original notification under this section, or at the close of any marking period, to withdraw the student from a program by sending written notice of the decision by mail or electronic communication to the school authority designated by the school district in which the student is enrolled.
SECTION 12. Said chapter 71A is hereby further amended by inserting after section 6 the following section:-
Section 6A.
A school district operating a language acquisition program for English learners serving more than 100 English learners or in which English learners are more than 5 per cent of the district’s student population, whichever is less, shall establish an English learner parent advisory council. Any such council shall be composed of volunteer parents or legal guardians of students who are or have been identified as English learners. The duties of the parent advisory council shall include, but not be limited to: (i) advising the school district, school committee or board of trustees on matters that pertain to English learners; (ii) meeting regularly with school officials to participate in the planning and development of programs designed to improve educational opportunities for English learners; and (iii) participating in the review of school or district improvement plans established under section 59C of chapter 71 as they relate to English learners. A parent advisory council may meet at least once annually with each school council within the school district. The parent advisory council shall establish by-laws regarding officers and operational procedures. In the course of its duties under this section, the parent advisory council shall receive assistance from the director of language acquisition programs for the school district or other appropriate school personnel as designated by the superintendent.
SECTION 13. Section 7A of said chapter 71A is hereby further amended by striking out the second sentence and inserting in place thereof the following sentences:- The evaluation shall include, but not be limited to: (i) a review of individual student records of all English learners; (ii) a review of the number of waivers issued by school and the type of alternative instructional method provided; (iii) a review of the programs and services provided to English learners; (iv) a review of the dropout, graduation, discipline and special education incidence rates of English learners formerly enrolled in the district within the prior 3 years; (v) a description of the processes by which school-based teams consisting of educators, administrators and support staff, monitor the progress of English learners and former English learners; (vi) a review of the amount, frequency and effectiveness of English as a second language instruction; and (vii) a review of the administration and coordination of English learner education programs. The advisory council for bilingual education established under section 1G of chapter 15 shall annually review the results of the department’s monitoring of English learner programs in school districts.
SECTION 14. Not later than July 1, 2017, the department of elementary and secondary education shall establish guidelines for school districts to assist in supporting English learners who do not meet anticipated benchmarks in attaining English proficiency. The guidelines shall include, but not be limited to: (i) ways for school districts to provide individualized goals and plans for English learners who are not meeting anticipated benchmarks in attaining English proficiency; (ii) best practices for ensuring that English learners meet individualized goals and plans to meet benchmarks in attaining English proficiency; and (iii) ways for school districts to share best practices among each other in assisting English learners in gaining English proficiency.
SECTION 15. Not later than July 1, 2017 the department of elementary and secondary education shall establish guidelines relative to English learner parent advisory councils created pursuant to section 6A of Chapter 71A of the General Laws. The guidelines shall include, but not be limited to the process for parents or legal guardians to be notified of English learner parent advisory councils and the process for the appointment of volunteer parents or legal guardians to the council.
SECTION 16. Notwithstanding any general or special law to the contrary, school districts shall provide a copy of department of elementary and secondary education guidelines relative to supporting English learners who do not meet anticipated benchmarks in attaining English proficiency to the parent or guardian of each English learner, in the parent’s or guardian’s primary language, at the beginning of each school year or upon enrollment of the student in an English learner program if the enrollment is not concurrent with the beginning of the school year.