Amendment #61 to H4150

Equal Access for English Language Learners

Representatives Peisch of Wellesley and Moran of Lawrence move to amend the bill by inserting after section 11 the following 6 sections:-

SECTION 11A. Section 1B of chapter 69 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the thirteenth paragraph the following paragraph:-

The board shall ensure meaningful communication between school personnel and parents and legal guardians of all students receiving educational services pursuant to this chapter, chapter 71, 71A, 71B or 74. The board shall ensure that interpreters and translators used in public school settings are bilingual, have knowledge in both languages of any specialized terms or concepts to be used in the communication at issue and that interpreters are trained on the role of an interpreter and translator, the ethics of interpreting and translating and the need to maintain confidentiality.

SECTION 11B. Section 4 of chapter 71A of the General Laws, as so appearing, is hereby amended by inserting after the word “component.”, in line 13, the following words:- Each district shall, within a reasonable amount of time, ensure that any academic deficits for a student that are a result of focusing on English language acquisition are addressed.

SECTION 11C. Section 5 of said chapter 71A, as so appearing, is hereby amended by adding the following subsection:-

(c) School districts shall not recommend that parents or legal guardians decline all or some services within an English learner program for any reason, including, but not limited to, facilitating scheduling of special education services or other scheduling reasons.

SECTION 11D. Section 3 of chapter 71B of the General Laws, as so appearing, is hereby amended by inserting after the word “development.”, in line 145, the following 4 sentences:- When conducting an evaluation for a child who is an English learner, as defined in section 2 of chapter 71A, school committees shall consider the English language proficiency of the student. Assessments and other evaluation materials used to evaluate the child shall be provided and administered in the child’s primary language and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally. The Individualized Education Program team convened for an English learner shall include 1 or more participants with the following: (i) a requisite knowledge of the student’s language needs; (ii) training and expertise in second language acquisition; and (iii) an understanding of how to differentiate between the student’s limited English proficiency and the student’s disability. Whenever an evaluation indicates that a child who is an English learner is also a school aged child with a disability, the Individualized Education Program team shall ensure that the Individualized Education Program includes services to meet both the English language and special education needs of the child.             

SECTION 11E. The ninth paragraph of said section 3 of said chapter 71B, as so appearing, is hereby amended by adding the following sentence:- The department shall promulgate regulations to continue in effect and enforce the provisions of 20 USC sec.1415(k) in effect on January 1, 2025.

SECTION 11F. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in line 11, the following words:- , immigration or citizenship status, disability.

And further amend the bill by inserting after section 45 the following section:-

SECTION 46. The department of elementary and secondary education and the board of education shall update regulations, as necessary, consistent with sections 11A to 11F, inclusive.

Additional co-sponsor(s) added to Amendment #61 to H4150

Equal Access for English Language Learners