FILED ON: 6/8/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3740

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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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 2016 Official Edition, is hereby amended by adding the following 4 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 meeting 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 any identified deficiency;

(l) a record of: (i) instances in which a parent or guardian requested a waiver  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 1A. Said section 1I of said chapter 69, as so appearing, is hereby further amended by striking out, in the twenty-first paragraph, the last sentence and inserting in place thereof, the following sentence:- The commissioner shall submit annually a report to the joint committee on education on such data on a statewide and school district basis, including, but not limited to, by language group and type of English language learners program and an analysis of the status of English language learners progress in the commonwealth, referencing the data collected in clauses (a) through (n), inclusive, of this section.

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 said chapter 69 and curriculum frameworks under section 1E of said chapter 69.             

SECTION 3. Section 2 of chapter 71A, as so appearing, is hereby amended by inserting after subsection (a) the following subsection:-

(a½) “Department”, the department of elementary and secondary education.

SECTION 4. Section 3 of said chapter 71A is hereby amended by striking out, in line 2, the words “Local school committees” and inserting in place thereof the following words:-School districts.

SECTION 5. Said section 3 of said chapter 71A  is hereby further amended by striking out, in lines 3 and 4, the words “Department of Education” and inserting in place thereof the following word:- department.

SECTION 6. Said section 3 of said chapter 71A, as so appearing, is hereby further amended by adding 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 7. Section 4 of said chapter 71A, as so appearing, is hereby amended by striking out, in line 6, the word “during” and inserting in place thereof the following words:- , or an alternative instructional program approved by the department, during.

SECTION 8. Section 5 of said chapter 71A, as so appearing, is hereby amended by inserting after the word “visit,” in line 6, the following words:- or provide a written request to.

SECTION 9. Subsection (a) of said section 5 of said chapter 71A, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:- A school, under advisement of a teacher or guidance counselor, may request a waiver for an individual child in writing, with notice of the waiver request provided to the child’s parents, in a form prescribed by the department. If a parental or school-requested waiver has been granted , the affected child may be transferred to an alternative instructional program, which for the purposes of this chapter, shall include but shall not be limited to, classes teaching English and other subjects through bilingual education techniques or other generally-recognized educational methodologies.

SECTION 10.  Said section 5 of said chapter 71A, as so appearing, is hereby further amended by inserting after the word “waiver,” in line 18, the following words:- or school-requested exception waiver.

SECTION 11. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by striking out, in line 33, the word “and” and inserting in place thereof the following words:- or has a demonstrated need based on the child’s academic record from the previous year, and.

SECTION 12. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by inserting after the word “provided,” in line 41, the following words:- by the parent or school.

SECTION 13. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by striking out, in line 44, the word “waivers” and inserting in place thereof the following words:- (c) Waivers.

SECTION 14. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by inserting after the word “passed,” in line 46,  the following words:- , unless the child has previously attended the school.

SECTION 15. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by striking out, in line 47, the words “such an individual” and inserting in place thereof the word:- a.

SECTION 16. Said section 5 of said chapter 71A, as so appearing, is hereby further amended by striking out, in lines 51 and 52, the words “special individual needs” and inserting in place thereof the word:- circumstances.

SECTION 17. Said chapter 71A 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 instructional program among those offered by the school district, or to withdraw a child from an alternative instructional program. Notice shall be sent by mail not later than 10 days after the enrollment of the child 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 child 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 child 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 child is enrolled, provided that written confirmation of any such request is retained in the student’s cumulative folder.

SECTION 18.  Section 6 of said chapter 71A, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words “exception waivers under Section 5(b)(3)” and inserting in place thereof the following words:- waivers under section 5.

SECTION 19. Said chapter 71A, as so appearing, is hereby further amended by inserting after said 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; provided, however, any school district may establish an advisory council pursuant to this section. The council shall be composed of volunteer parents or legal guardians of students who are or have been identified as English learners and to the extent feasible, the members of the council shall represent the predominant native language or languages spoken by the students of the district. The duties of the English learner 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 the plans relate to English learners. An English learner parent advisory council may meet at least once annually with its school council established pursuant to said section 59C.  The English learner parent advisory council shall establish by-laws regarding officers and operational procedures. In the course of its duties under this section, the English learner 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 20. The first paragraph of section 7A of said chapter 71A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- The evaluation shall include, but shall 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 the school and when applicable, the type of alternative instructional program 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 pursuant to section 1G of chapter 15 shall annually review the results of the department’s monitoring of English learner programs in school districts.

SECTION 21. Section 8 of said chapter 71A, as so appearing, is hereby amended, by striking out, in line 17, the words “Department of Education” and inserting in place thereof the following word:- department.

SECTION 22.  Not later than July 1, 2018, the department of elementary and secondary education shall establish guidelines for school districts to assist in supporting English learners, as defined in section 2 of chapter 71A of the General Laws, 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 attaining English proficiency.

SECTION 23. Not later than July 1, 2018 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 24. 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, as defined in section 2 of chapter 71A of the General Laws, 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 child in an English learner program if the enrollment is not concurrent with the beginning of the school year.

SECTION 25. There shall be a special commission to investigate and study the current collection and dissemination of school district and statewide data relative to school-age English language learners.

The commission shall consist of 17 members: 2 of whom shall be the house and senate chairs of the joint committee on education, or their designees, who shall serve as the co-chairs; 1 of whom shall be a member of the senate, appointed by the senate president; 1 of whom shall be a member of the house of representatives, appointed by the speaker of the house of representatives; 1 of whom shall be member of the senate, appointed by the minority leader of the senate; 1 of whom shall be a member of the house of representatives, appointed by the minority leader of the house of representatives; 1 of whom shall be the commissioner of the department of elementary and secondary education, or a designee; 1 of whom shall be the executive director of the Massachusetts Association of School Superintendents, Inc. or a designee; 1 of whom shall be the executive director of the Massachusetts Association of School Committees or a designee; 1 of whom shall be the executive director of the Massachusetts Elementary School Principals’ Association, Inc. or a designee;  1 of whom shall be the executive director of the Massachusetts Secondary School Administrators’ Association, Incorporated, or a designee; 1 of whom shall the executive director of the Massachusetts Administrators of Special Education. Inc., or a designee; 1 of whom shall be representative of the Massachusetts Association of Teachers of Speakers of Other Languages, Inc.; and 4 of whom shall be appointed by the governor: 2 of whom shall be selected from a list of 3 superintendents from school districts serving high concentrations of English language learners nominated by the Massachusetts Association of School Superintendents, Inc. and 2 of whom shall be selected from a list of 3 district-level English language learner directors nominated by the Massachusetts Association of School Superintendents, Inc.

The commission shall: (i) study, review and report on all existing school and district reporting requirements relative to English language learners, including but not limited to annual reporting requirements relative to English language learners as required under section 1I of chapter 69; (ii) consider how current data is collected and used to evaluate English language learner programming and its effectiveness; (iii) review the waiver and parental notification process, and the effectiveness and transparency of district and state reporting relative to English language learners; and (iv) consider improvements to data collection and dissemination relative to English language learners.

The commission may meet with state agencies, parents, guardians, teachers, school administrators, and any person the chairs deem necessary for the purpose of filing its report.

The commission shall file a report containing its finding and any recommendations with the clerks of the house of representatives and the senate not later than February 1, 2018.

SECTION 25A. Section 3 of chapter 71A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 5, the word “Kindergarten” and inserting in place thereof the following word: “Pre-Kindergarten”.

SECTION 26. The department of elementary and secondary education shall promulgate regulations to implement this act no later than March 1, 2018.

SECTION 27. Section 7A of Chapter 71A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking the first sentence and replacing it with the following sentence:— The department shall conduct on-site visits to level 1 and 2 school districts at least once every 5 years, and in all other school districts at least once every 3 years, for the purpose of evaluating the effectiveness of programs serving English learners and to validate evidence of educational outcomes.

SECTION 28. The department of elementary and secondary education shall convene a task force to study the feasibility of establishing a State Seal of Biliteracy. The task force shall consist of 14 members: the commissioner of the department of elementary and secondary education, or a designee; the secretary of the executive office of education, or a designee; the house and senate chairs of the joint committee on education, or their designees; 1 member of the senate, appointed by the senate president; 1 member of the house of representatives, appointed by the speaker; 1 member of the senate, appointed by the minority leader; 1 member of the house of representatives, appointed by the minority leader; 1 representative of the Massachusetts Association of Teachers of Speakers of Other Languages; 1 representative of the Massachusetts Association for Bilingual Education; 1 representative of the Massachusetts Foreign Language Association; 1 representative from the Massachusetts Business Alliance for Education; and 2 superintendents, appointed by the Massachusetts Association of School Superintendents, Inc., one of whom shall be from a school district that serves high concentrations of English language learners, and one of whom shall be from a school district that currently operates a program for recognizing students who have attained Biliteracy.

The task force shall examine: (i) criteria or guidelines that would need to be established to award a state Seal of Biliteracy; (ii) the academic benchmarks that would need to be met in order for a student to be awarded such a Seal; (iii) potential costs associated with implementing such a Seal; (iv) the need for any additional assessments, state or local; and (v) the benefits to students of receiving such a Seal, including English Language Learners as well as native English speakers.

The task force shall file a report containing its finding and any recommendations with the joint committee on education, and the clerks of the house and the senate not later than January 1, 2018.