FILED ON: 7/11/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2421

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 for 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.  Section 1 of chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 3 and 4, the words “a limited English proficient student” and inserting in place thereof the following words:- an English learner.

SECTION 2. Section 1A of said chapter 69, as so appearing, is hereby amended by striking out, in line 57, the figure “3” and inserting in place thereof the following figure:- 2.

SECTION 3. Section 1I of said chapter 69, as so appearing, is hereby amended by striking out, in line 283, the word “and”. 

SECTION 4. The nineteenth paragraph of said section 1I of said chapter 69, as so appearing, is hereby amended by striking out clause (j) and inserting in place thereof the following 6 clauses:- 

(j) whether there were any complaints filed with a federal or state court or administrative agency since the program's inception concerning compliance with federal or state minimum legal requirements, the disposition of the complaint and the monitoring and evaluation of any agreement or court order relative to the complaint;

(k) opportunities that the district makes available to English language learners for instruction in maintaining or developing proficiency in a student’s native language;

(l) 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;

(m) 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;

(n) a description of training provided by the district to staff who work with culturally and linguistically diverse student populations; and

(o) documentation detailing the participation of English language learners in the district’s regular and advanced educational programs and extracurricular activities.

SECTION 5. Said chapter 69 is hereby amended by inserting after section 1P the following section:-

Section 1Q. The commissioner shall develop criteria and guidelines for a state seal of biliteracy to be awarded by school districts to recognize high school graduates who have met academic benchmarks determined by the department in 1 or more languages in addition to English.

The department shall develop an insignia to be affixed to the diploma or transcript of a student who has been awarded a state seal of biliteracy and make the insignia available to school districts in an electronic format for the preparation of diplomas. A school district that chooses to award the state seal of biliteracy to qualifying students under this section shall maintain appropriate records in order to identify students who have earned a state seal of biliteracy and affix the appropriate insignia to the diploma or transcript of a student who earns a state seal of biliteracy.

The commissioner shall annually issue a report to the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on education regarding use of the state seal of biliteracy not later than July 1. The report shall include, but not be limited to: information on the school districts utilizing the state seal of biliteracy; the number of students who have received the state seal of biliteracy from each school district; and recommendations for expanding the use of the state seal of biliteracy to additional school districts.

SECTION 6. Section 59C of chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 44, the figure “3” and inserting in place thereof the following figure:- 4.

SECTION 7. The fifth paragraph of said section 59C of said chapter 71, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-

In school districts with English language learners, 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 8. Chapter 71A of the General Laws is hereby amended by striking out sections 1 to 8, inclusive, as so appearing, and inserting in place thereof the following 8 sections:-

Section 1. For the purposes of this section, the following words shall have the following meanings unless the context clearly indicates otherwise:

“Commissioner”, the commissioner of elementary and secondary education.

“Department”, the department of elementary and secondary education.

"Dual language education" or “2-way bilingual”, a program that integrates language learning and academic instruction for native speakers of English and native speakers of another language with the goals of high academic achievement, first and second academic language proficiency and cross-cultural understanding.             

“English language development” or “English as a second language”, a specially designed course of study that focuses on the acquisition of the English language consistent with a student's English proficiency, performance and developmental level.

“English learner”, a student who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English.

“Foreign language”, a language other than English, which shall include American sign language.

“Language acquisition program”, an instructional program that includes English language acquisition for English learners as a component, but shall not be limited to a single program design or pedagogical style.

“Sheltered English immersion”, a program composed of the following 2 instructional components: (i) sheltered content instruction that focuses on teaching academic content with language support, using English as the primary language of instruction; and (ii) English language development instruction.

“Transitional bilingual education", an English learner program that follows a bilingual approach to learning in which the native language of the English learner is used to support a student’s development of English and content learning and then is gradually phased out of instruction as a student’s English proficiency increases to assist a student in attaining oral comprehension, speaking, reading and writing skills in English and in meeting academic standards of curriculum frameworks established under sections 1D and 1E of chapter 69.

Section 2. A school district shall annually identifythe number of English learners within the school district in grades pre-kindergarten to grade 12, inclusive, for districts that have a pre-kindergarten program and in grades kindergarten to grade 12, inclusive, for districts that do not have a pre-kindergarten program, and shall classify an English learner according to: (i) grade level: (ii) the language in which  English learner possesses a primary speaking ability; and (iii) the type of English learner program in which the English learner is enrolled. The information shall be made publicly available for each school and the school district on the district’s website. A school district shall also track the academic performance of the students who have exited an English learner program to assess the academic achievement of English learners and the effectiveness of language acquisition programs.

Section 3. An English learner enrolled in a public school, including a charter school, shall be educated through a comprehensive, research-based instructional program that includes subject matter content and an English language acquisition component. Programs for English learners may include sheltered English immersion, dual language education or transitional bilingual education but shall not be limited to a specific program or instructional design. A school district may choose 1 or more programs that meet the requirements of this section based on best practices in the field, linguistic and educational needs and the demographic characteristics of English learners in the school district. A school district may incorporate opportunities for students to develop and maintain native language proficiency as part of a formal or extracurricular academic program. 

An English learner shall receive English language development instruction at a level and frequency that is appropriate for the English learner’s level of English language proficiency and educational need and shall be instructed by teachers qualified under state law. Each school district shall employ a sufficient amount of teachers of English as a second language for identified English learners; provided, however, that a school district shall employ at least 1 teacher licensed in English as a second language.

A student who has exited an English learner program and attained English proficiency shall have access to English language support or development instruction, as needed, in order to perform grade level classwork.

Schools may place English learners of different ages in the same classroom if the level of English proficiency for those English learners is similar. Schools shall be encouraged to integrate English learners from different native-language groups who have the same level of English proficiency in the same classroom. If an English learner reaches proficiency in English, is able to do grade level classwork in English and achieves a score of proficient or higher on the statewide evaluation of English language proficiency under section 7, the student shall no longer be classified as an English learner.

Section 4. The parent or legal guardian of a student eligible to enroll in an English learner program may select any available English language learner program offered by the school district.

A parent or legal guardian may refuse to enroll a student or may remove a student from an English learner program. The parent or legal guardian shall provide written confirmation of the decision, which shall be retained in the student’s cumulative folder. The student shall continue to be designated as an English learner, receive the support necessary to overcome language barriers within the general academic program setting and retain the right to enter into an English learner program at any time.

A school district may join with other school districts to provide an English learner program under this chapter.

If a school district or charter school receives a request from the parents or legal guardians of not less than 20 students to implement a specific program to provide language instruction in that school district or charter school, the school district or charter school shall, within 90 days of receiving the request, respond and provide: (i) a plan for implementation of the requested program; or (ii) a denial of the request, in writing, that includes an explanation of the denial.

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. The parent advisory council shall be composed of parents or legal guardians of students who are or have been identified as an English learners. The duties of the parent advisory council shall include, but not be limited to: advising the school district, school committee or board of trustees on matters that pertain to English learners; meeting regularly with school officials to participate in the planning and development of programs designed to improve educational opportunities for English learners; and 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 or the board of trustees of the charter school. 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 5. Communication to the parents and legal guardians of English learners by the school district shall, at least annually, inform the parents or legal guardians of their rights to choose a language acquisition program among those offered by the school district including, but not limited to, sheltered English immersion, transitional bilingual education and 2-way bilingual or dual language education, to request a new language acquisition program under section 4 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 possible: (i) be in a language that is understandable to the parents or legal guardians; (ii) contain a simple, easy to understand 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 the 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 6. Each English learner shall participate in the statewide assessment system adopted pursuant to section 1I of chapter 69.

A statewide standardized criterion-referenced test of English language proficiency that assesses the achievement of English language oral and literacy skills shall be administered annually to students who are English learners in kindergarten to grade 12, inclusive, and enrolled in a public school, including a charter school.

Assessment scores of individual students shall be confidentially provided to a parent or legal guardian of the student. Aggregated assessment data for schools and school districts shall be made publicly available online in machine readable format. Scores of students classified as English learners shall be separately sub-aggregated and made publicly available, with the scores further sub-aggregated based on the English learner program in which the student is enrolled.

Results of assessments shall be used as evidence of the efficacy of an English learner program offered by a school district. The results of an annual assessment of English proficiency under this section shall not be the sole basis for evaluation of a district, school, English learner program or individual educator.

The district shall send report cards and progress reports including, but not limited to, progress in becoming proficient in using the English language and other school communications, to the parents or legal guardians of students in the English learners programs. Such report cards and progress reports shall be completed in the same manner and with the same frequency as report cards and progress reports to other students enrolled in the district. The report cards and progress reports shall, to the maximum extent possible, be written in a language understandable to the parent or legal guardian of a student.

Section 7. The department shall conduct an on-site visit in every school district at least once every 6 years to evaluate the effectiveness of programs serving English learners. The evaluation shall include, but not be limited to, a review of the individual student records of  English learners, a review of the programs and services provided to English learners and a review of the dropout, graduation, discipline and special education incidence rates of the English learner population in the district. Using the best available data, the department shall provide a monitoring report the dropout, graduation, discipline and special education rates of English learners who exited the English learner education program within the 3 school years preceding the on-site visit for that 3-year period. The report shall also include 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, a review of the amount, frequency and effectiveness of English as a second language instruction and 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.

If, based on factors including, but not limited to, the assessment scores of English learners under section 6, a significant number of students in a school district fail to demonstrate progress in English language proficiency, as determined by the department, the department shall recommend ways to improve instructional programs for the school district’s English learner population. Nothing in this section shall prevent the department from conducting an evaluation of a language acquisition program at any time.

Section 8. Teachers and administrators assigned to a language acquisition program shall be properly qualified under state law for the program type. A core academic teacher of English learners, including a core academic teacher in a vocational-technical education program under chapter 74, shall meet the requirements under section 38G of chapter 71 and relevant regulations for certification in the teacher's subject area and endorsement or certification in content instruction of English learners.

The department shall create an endorsement for educators who have completed coursework and field-based experience to provide instruction within dual-language programs.

SECTION 9. The department of elementary and secondary education may issue regulations as necessary to implement this act.

SECTION 10. The department shall consider the recommendations of the language opportunity coalition in developing the guidelines for the state seal of biliteracy under section 1Q of chapter 69 of the General Laws.

SECTION 10A. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall report on the teaching of civics in secondary or intermediate public school districts. The report shall include, but not be limited to, the number of school districts requiring the completion of a civics section before graduation.

The report shall be submitted to the clerks of the house and senate and the senate and house chairs of the joint committee on education by December 31, 2016.

SECTION 10B. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall report on the teaching of United States history in secondary or intermediate public school districts. The report shall include, but not be limited to, the number of school districts requiring the completion of a United States history section before graduation.

The report shall be submitted to the clerks of the house and senate and the senate and house chairs of the joint committee on education not later than December 31, 2016.

SECTION 10C. 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: (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.

School districts shall provide a copy of the guidelines 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.

SECTION 11. Notwithstanding any general or special law to the contrary, a school district with an on-site visit scheduled for the 2016-2017 school year shall not have the on-site visit rescheduled due to this act.