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Transitional Bilingual Education in Massachusetts - Makayla

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Transitional Bilingual Education in Massachusetts - Makayla

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http://www.danielallansullivan.com/work/policy-research/transitional-bilingual-education-in-massachusetts/

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AN ACT RELATIVE TO THE TEACHING OF ENGLISH IN PUBLIC SCHOOLS.

Be it enacted by the People, and by their authority, as follows:

SECTION 1.? Chapter Seventy-one A of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking sections 1 through 9 and substituting the following:

Section 1. Findings and Declarations

The People of Massachusetts find and declare that:

(a) The English language is the common public language of the United States of America and of the Commonwealth of Massachusetts.? It is spoken by the vast majority of Massachusetts residents, and is also the leading world language for science, technology, and international business, thereby being the language of economic opportunity; and

(b) Immigrant parents are eager to have their children become fluent and literate in English, thereby allowing them to fully participate in the American Dream of economic and social advancement; and

(c) The government and the public schools of Massachusetts have a moral obligation and a constitutional duty to provide? all of Massachusetts's children, regardless of their ethnicity or national origins, with the skills necessary to become productive members of our society.? Of these skills, literacy in the English language is among the most important.

(d) The public schools of Massachusetts have done an inadequate job of educating many immigrant children, requiring that they be placed in native language programs whose failure over past decades is demonstrated by the low English literacy levels of those children.

(e) Immigrant children can easily acquire full fluency and literacy in a new language, such as English, if they are taught that language in the classroom as soon as they enter school.

(f) Therefore it is resolved that: all children in Massachusetts public schools shall be taught English as rapidly and effectively as possible.

Section 2. Definitions

In this chapter,

(a) "Bilingual education" means a language acquisition process for students in which all or substantial portions of the instruction, textbooks, or teaching materials are in the child's native language other than English.

(b) "English language classroom" means a classroom in which the language of instruction used by the teaching personnel is overwhelmingly the English language, and in which such teaching personnel are fluent and literate in English.? English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms.

(c) "English language mainstream classroom" means a standard classroom, one in which the students either are native English language speakers or already have acquired reasonable fluency in English.

(d) "English learner" means a child 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.

(e) "Sheltered English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language.? Books and instruction materials are in English and all reading, writing, and subject matter are taught in English.? Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English.? This educational methodology represents the standard definition of "sheltered English" or "structured English" found in educational literature.

Section 3. Census

Local school committees shall annually ascertain, not earlier than the first day of April, under regulations prescribed by the Department of Education, the number of English learners within their school system in grades Kindergarten through twelve, and shall classify them according to grade level, the language of which they possess a primary speaking ability, and the English learner program type in which they are enrolled, with all such information being made publicly available by school and school district on a website.

Section 4. English language education

Subject to the exceptions provided in Section 5 of this chapter, all children in Massachusetts public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms.? Children who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one school year.? Local schools shall be permitted but not required to place in the same classroom English learners of different ages but whose degree of English proficiency is similar.? Local schools shall be encouraged to mix together in the same classroom English learners from different native-language groups but with the same degree of English fluency.? Once English learners acquire a good working knowledge of English and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms.? Foreign language classes for children who already know English shall be completely unaffected, as shall be special educational programs for physically- or mentally-impaired students.

Section 5. Parental waivers

(a). The requirements of Section 4 of this chapter may be waived with the prior written informed consent, to be provided annually, of the child's parents or legal guardian under the circumstances specified in this section.? Such informed consent shall require that said parents or legal guardian personally visit the school to apply for the waiver and that they there be provided a full description in a language they can understand of the educational materials to be used in the different educational program choices and all the educational opportunities available to the child.? If a parental waiver has been granted, the affected child may be transferred to classes teaching English and other subjects through bilingual education techniques, such as two-way bilingual programs, or other generally recognized educational methodologies permitted by law.? Individual schools in which 20 students or more of a given grade level receive a waiver shall be required to offer such a class; in all other cases, such students must be permitted to transfer to a public school in which such a class is offered.

(b). The circumstances in which a parental exception waiver may be applied for under this section are as follows:

(1). Children who already know English: the child already possesses good English language skills, as measured by oral evaluation or standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores approximately at or above the state average for his grade level or at or above the 5th grade average, whichever is lower; or

(2). Older children: the child is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's overall educational progress and rapid acquisition of basic English language skills; or

(3). Children with special individual needs: the child already has been placed for a period of not less than thirty calendar days during that particular school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the child has such special and individual physical or psychological needs, above and beyond the child's lack of English proficiency, that an alternate course of educational study would be better suited to the child's overall educational development and rapid acquisition of English.? A written description of no less than 250 words documenting these special individual needs for the specific child must be provided and permanently added to the child's official school records, and the waiver application must contain the original authorizing signatures of both the school principal and the local superintendent of schools.? Waivers granted under this section cannot be applied for until after thirty calendar days of a given school year have passed, and this waiver process must be renewed each and every school year.? Any such decision to issue such an individual waiver is to be made subject to the examination and approval of the local school superintendent, under guidelines established by and subject to the review of the local school committee and ultimately the state board of education.? The existence of such special individual needs shall not compel issuance of a waiver, and the parents shall be fully informed of their right to refuse to agree to a waiver.

Section 6. Legal standing and parental enforcement

(a) As set forth in Section 4 of this chapter, all school children are to be provided at their assigned school with an English language public education.? The parent or legal guardian of any school child shall have legal standing to sue for enforcement of the provisions of this chapter, and if successful shall be awarded reasonable attorney's fees, costs and compensatory damages.

(b) Any school district employee, school committee member or other elected official or administrator who willfully and repeatedly refuses to implement the terms of this chapter may be held personally liable for reasonable attorney's fees, costs and compensatory damages by the child's parents or legal guardian, and shall not be subsequently indemnified for such monetary judgment by any public or private third party.? Any individual found so liable shall be barred from election or reelection to any school committee and from employment in any public school district for a period of five years following the entry of final judgment.

(c) Parents and legal guardians who apply for and are granted exception waivers under Section 5(b)(3) of this chapter retain full and permanent legal right to sue the individuals who granted such waivers if they subsequently discover before the child reaches the age of eighteen that the application for waivers was induced by fraud or intentional misrepresentation and injured the education of their child.

Section 7. Standardized testing for monitoring education progress

To ensure that the educational progress of all students in learning English together with other academic subjects is properly monitored, a standardized, nationally-normed written test of academic subject matter given in English shall be administered at least once each year to all public schoolchildren in grades 2 and higher who are English learners.? This requirement shall not be construed as barring the administration of this same exam to other students.? A nationally-normed test of English proficiency shall similarly be administered at least once each year to all Massachusetts schoolchildren in grades Kindergarten and higher who are English learners.? Only English learners classified as severely learning disabled may be exempted from these tests.? The particular tests to be used shall be selected by the Board of Education, and it is intended that the tests shall usually remain the same from year to year.? The national percentile scores of students shall be confidentially provided to individual parents, and the aggregated percentile scores and distributional data for individual schools and school districts shall be made publicly available on an internet web site; the scores for students classified as English learners shall be separately sub-aggregated and made publicly available there as well, with further sub-aggregation based on the English learner program type in which they are enrolled.? School enrollment by race, ethnicity, and English learner program type shall also be made publicly available.? Although administration of these tests are required solely for monitoring educational progress, public officials and administrators may utilize these test scores for other purposes as well if they so choose.

Section 8. Community-Based English Tutoring

In furtherance of its constitutional and legal obligation to provide all children with an adequate education, the state shall encourage family members and others to provide personal English language tutoring to such children as are English learners, and support these efforts by raising the general level of English language knowledge in the community.? Subject to appropriation by the General Court, commencing with the fiscal year in which this initiative is enacted and for each of the nine fiscal years following thereafter, a sum of five million dollars ($5,000,000) per year shall be spent for the purpose of providing funding for free or subsidized programs of adult English language instruction to parents or other members of the community who pledge to provide personal English language tutoring to Massachusetts school children who are English learners.? Programs funded pursuant to this section shall be provided through schools or community organizations.? Funding for these programs shall be administered by the Department of Education, and shall be disbursed at the discretion of the local school committees in each district, under reasonable guidelines established by, and subject to the review of, the Board of Education.

SECTION 2.? Severability

If a provision of this act or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION 3.? Interpretation

Under circumstances in which portions of this act are subject to conflicting interpretations, the Findings and Declarations of subsection 1 of section 1 of this act shall be assumed to contain the governing intent of this act.

SECTION 4.? Effective Date

Except for the testing requirements of subsection 7 of section 1 of this act, which shall be implemented immediately, all other sections of this act shall become effective for all school years that begin following the effective date of this act.
STATE ELECTION, 2002

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AN ACT RELATIVE TO THE TEACHING OF ENGLISH IN PUBLIC SCHOOLS. Be it enacted by the People, and by their authority, as follows: SECTION 1.? Chapter Seventy-one A of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking sections 1 through 9 and substituting the following: Section 1.

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Repealed... but not really? (2017) - Lila

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Repealed... but not really? (2017) - Lila

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New law still focuses heavily on English, and seems to provide Bilingual Ed more for English-speakers than Spanish-speakers.

"The proposed law would require public schools to educate English learners (children who cannot do ordinary classwork in English and who either do not speak English or whose native language is not English) through a sheltered English immersion program, normally not lasting more than one year. In the program, all books and nearly all teaching would be in English, with the curriculum designed for children learning English, although a teacher could use a minimal amount of a child’s native language when necessary. Schools would be encouraged to place in the same classroom children who are from different native-language groups but who have the same level of English skills. Once a student is able to do regular schoolwork in English, the student would be transferred to an English language mainstream classroom. These requirements would not affect special education programs for physically or mentally impaired students or foreign language classes for children who already know English.

Parents or guardians of certain children could apply each year to have the requirements waived, so as to place their child in bilingual education or other classes, if the parents or guardians visit the school to be informed, in a language they can understand, about all available options. To obtain a waiver, the child must either

1. already know English; or

2. be at least 10 years old, and the school principal and staff believe that another course of study would be better for the child’s educational progress and rapid learning of English; or

3. have special physical or psychological needs (other than lack of English skills), have already spent 30 days in an English language classroom during that school year, the school principal and staff document their belief that the child’s special needs make another course of study better for the child’s educational progress and rapid learning of English, and the school superintendent approves the waiver.

If 20 or more students in one grade level at a school receive waivers, the school would have to offer either bilingual education classes providing instruction in both the student’s native language and English or classes using other generally recognized educational methodologies permitted by law. In other cases, a student receiving a waiver would have to be allowed to transfer to a school offering such classes."

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"all public school children must be taught English by being taught all subjects in English and being placed in English language classrooms."

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https://www.cal.org/ndlf/members/mabe/

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Massachusetts Association of Bilingual Education - National Dual Language Forum Members

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https://malegislature.gov/Laws/SessionLaws/Acts/2002/Chapter218

Uses the term "Limited English Proficient" to describe ELLs, and has since changed "transitional bilingual programs" to "English Language Learners Programs"

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AN ACT RELATIVE TO ENHANCING ENGLISH OPPORTUNITIES FOR ALL STUDENTS IN THE COMMONWEALTH.

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 second paragraph of section 1A of chapter 69 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following 2 sentences:- There shall be within the department an office of language acquisition to assist the commissioner in overseeing and monitoring the development and implementation of English language learners programs established under chapter 71A. The office shall compile best practices relative to effective programs and techniques to assist limited English proficient students in becoming proficient in English and shall disseminate such information to school districts on an annual basis.

SECTION 1A. Section 1 of said chapter 69, as so appearing, is hereby amended by inserting after the word "children", in line 3, the following words:- including a limited English proficient student as defined in section 1 of chapter 71A, and also.

SECTION 2. Section 1I of said chapter 69, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words "programs of transitional bilingual education" and inserting in place thereof the following words:- English language learners programs established under chapter 71A.

SECTION 3. Said section 1I of said chapter 69, as so appearing, is hereby further amended by inserting after the word "mastery", in line 52, the following words:- of academic standards and curriculum frameworks established under sections 1D and 1E.

SECTION 4. Said section 1I of said chapter 69, as so appearing, is hereby further amended by striking out the thirteenth paragraph and inserting in place thereof the following paragraph:-

Each school district required to provide an English language learners program under chapter 71A shall file the following information with the department annually:

(a) the type of English language learners programs provided;

(b) with regard to limited English proficient students (i) the number enrolled in each type of English language learners program; (ii) the number enrolled in English as a second language who are not enrolled in another English language learners program; (iii) the results of basic skills, curriculum assessment, achievement and language proficiency testing, whether administered in English or in the native language; (iv) the absentee, suspension, expulsion, dropout and promotion rates; and (v) the number of years each limited English proficient student has been enrolled in an English language learners program;

(c) the number of students each year who have enrolled in institutions of higher education and were formerly enrolled in an English language learners program;

(d) the academic progress in regular education of students who have completed an English language learners program;

(e) for each limited English proficient student receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program placement;

(f) the number of limited English proficient students enrolled in programs of occupational or vocational education;

(g) the name, national origin, native language, certificates held, language proficiency, grade levels and subjects taught by each teacher of an English language learners program, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors and bilingual school psychologists;

(h) the per pupil expenditures for each full time equivalent student enrolled in an English language learners program;

(i) the sources and amounts of all funds expended on students enrolled in English language learners programs, broken down by local, state and federal sources, and whether any such funds expended supplanted, rather than supplemented, the local school district obligation; the participation of parents through parent advisory councils; and

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

SECTION 5. Said section 1I of said chapter 69, as so appearing, is hereby further amended by adding the following paragraph:-

The commissioner annually shall analyze and publish data reported by school districts under this section regarding English language learners programs and limited English proficient students. Publication shall include, but need not be limited to, availability on the department's worldwide web site. The commissioner shall submit annually a report to the joint committee on education, arts and humanities 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.

SECTION 6. Section 2 of chapter 70 of the General Laws, as so appearing, is hereby amended by striking out, in lines 73 and 74, the words "transitional bilingual programs" and inserting in place thereof the following words:- English language learners programs established under chapter 71A but, in the case of an innovative program, only the limited English proficient students enrolled in such program shall be considered in calculating bilingual enrollment.

SECTION 7. Section 34H of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "transitional bilingual education program" and inserting in place thereof the following words:- English language learners program established under chapter 71A.

SECTION 8. Section 38G of said chapter 71, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 301, the following words:- ,including the need for high quality teachers of English language learners programs established under chapter 71A for limited English proficient students.

SECTION 9. Said section 38G of said chapter 71, as so appearing, is hereby further amended by adding after the twenty-first paragraph the following paragraph:-

In addition to any other requirements in this section, in order to receive a provisional or standard educator certificate, persons applying for such certification shall have completed such courses or training sessions as the board shall require in second language acquisition.

SECTION 10. The first paragraph of section 38Q of said chapter 71, as so appearing, is hereby amended by adding the following 2 sentences:- In any school district with limited English proficient students, the plan shall provide training for teachers in second language acquisition techniques for the re-certification of teachers and administrators. All professional development plans required by this section shall be filed annually with the commissioner of education.

SECTION 11. The second paragraph of said section 38Q of said chapter 71, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The plan shall include data that demonstrates, statewide and by school district, the types of professional development provided for educators who work with limited English proficient students.

SECTION 12. The fourth paragraph of section 59C of said chapter 71, as so appearing, is hereby amended by adding the following sentence:- Parent advisory councils, established under section 3 of chapter 71A, may, at their request, meet at least once annually with the school council.

SECTION 13. The fifth paragraph of said section 59C of said chapter 71, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- In school districts with language minority student populations, the plan to improve student performance shall include a description of the opportunities to be provided by the school to ensure the progress of limited English proficient students in developing oral comprehension, speaking, reading and writing of English, and also in meeting academic standards and curriculum frameworks established under sections 1D and 1E of chapter 69.

SECTION 14. Section 89 of said chapter 71, as so appearing, is hereby amended by striking out, in line 459, the words "transitional bilingual education services" and inserting in place thereof the following words:- English language learners programs under chapter 71A.

SECTION 15. Chapter 71A, as appearing in the 2000 Official Edition, is hereby amended by striking out section 1, and inserting in place thereof the following section:-

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:-

"Academic standards", academic standards established under section 1D of chapter 69 of the General Laws.

"Commissioner", the commissioner of education.

"Curriculum frameworks", curriculum frameworks established under section 1E of chapter 69 of the General Laws.

"Department", the department of education.

"English as a second language", a part-time program supporting the development of English language and skills for limited English proficient students transitioning or assigned to regular education classes.

"English language learners program", any of the following, or any combination thereof: transitional bilingual education, two-way bilingual education, structured English immersion, English as a second language, or other full time innovative program designed to accelerate English language proficiency and academic achievement approved by the department under section 2A.

"Limited English proficient student", (1) a student who was not born in the United States whose native language is other than English and who is not able to perform ordinary class work in English; or (2) a student who was born in the United States of non-English speaking parents and who is not able to perform ordinary class work in English.

"Office of language acquisition", the office of language acquisition established in section 1A of chapter 69.

"Modified bilingual-world language bilingual education", a full-time program of whole school instruction for limited English proficient students and fully English proficient students that incorporates both the language and the culture of the language minority group to include it in all aspects of the school curricula in an English speaking classroom where teachers are trained in English as a second language techniques.

"Structured English immersion", a full-time program of academic instruction and English language learning for limited English proficient students in which primarily English is the medium of classroom instruction and the native language of such student is used for support and clarification.

"Transitional bilingual education", a full-time program of instruction (1) in all those courses or subjects which are required by the student's school district which shall be given in the native language of the limited English proficient students who are enrolled in the program and also in English, (2) in the reading and writing of the native language of the limited English proficient students who are enrolled in the program and in the oral comprehension, speaking, reading and writing of English, and (3) in the history and culture of the country, territory or geographic area which is the native land of the parents of the limited English proficient students who are enrolled in the program and in the history and culture of the United States.

"Two-way bilingual education", a full-time program in which the curriculum is structured so that limited English proficient students of the same language group and fully English proficient students develop full literacy in 2 languages by being taught in the same classroom in which the medium of instruction is both English and the language of the limited English proficient students.

SECTION 16. Said chapter 71A, as so appearing, is hereby further amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Each school district shall determine annually, not later than the first day of March, under regulations promulgated by the department, the number of limited English proficient students within their school system in grades kindergarten through 12. At the beginning of any school year, the school committee shall establish a policy requiring that the district offer at least 1 English language learners program for all limited English proficient students. Every school district shall assess, using uniform assessment instruments prescribed by the department, the language dominance, level of English proficiency, and ability to perform regular education classroom work in English of a newly enrolled student who may be of limited English proficiency and the academic level of such student, for the purpose of placing the student in an English language learners program. Every limited English proficient student enrolled in a public school system shall participate in an English language learners program established by the school district in which the student resides, unless the parents or legal guardian of the student decide otherwise in accordance with section 3. An English language learners program shall consist of any of the following, or any combination thereof: transitional bilingual education, two-way bilingual education, structured English immersion, English as a second language, or other innovative program designed to accelerate English language proficiency approved by the department under section 2A. No school district with 20 or more limited English proficient students in any 1 language group may offer only English as a second language. In any school district with 50 or more limited English proficient students in any 1 language group at the elementary school level, the school committee shall establish a policy requiring that the district offer at least 2 English language learners programs for those students. In any school district with 50 or more limited English proficient students in any 1 language group at the middle school level, the school committee shall establish a policy requiring that the district offer at least 2 English language learners programs for those students. In any school district with 50 or more limited English proficient students in any 1 language group at the high school level, the school committee shall establish a policy requiring that the district offer at least 2 English language learners programs for those students. The policy shall be consistent with the school district's course enrollment standards. In determining the types of English language learners programs to be offered, the policy determination of the school committee shall reflect that strong consideration was given to the programs requested by the parents or legal guardians of limited English proficient students.

SECTION 17. Said chapter 71A is hereby further amended by inserting after section 2 the following two sections:-

Section 2A. At least once every 3 years, each school district with any limited English proficient students shall submit a district plan to the commissioner for approval in accordance with regulations promulgated by the department. The office of language acquisition shall make recommendations to the commissioner on whether any such plan shall be approved. The district shall provide any limited English proficient student with an appropriate English language learners program to assist such student in becoming proficient in using the English language and to enable the student to participate effectively in the district's regular or advanced educational programs and extracurricular activities. To the extent practical, districts shall make available reasonable enrichment opportunities for interested limited English proficient students, either during or outside the regular school day, including, but not limited to, as part of an English language learners program or through foreign language courses or after school programs, to help them maintain their native language skills. The district plan shall define and address all elements and goals of the program or programs to be chosen by the district. Prior to developing a district plan, the district shall notify parents or legal guardians of limited English proficient students within the district that such a plan is being developed, and shall involve such parents or legal guardians in the development and review of such plan.

In a school district with 20 or more limited English proficient students in any 1 language group, the district plan shall include, but not be limited to, the following:

(1) A description of programs and services currently being provided by the district to limited English proficient students.

(2) A description of the range of English language learners programs and services the district will make available to all limited English proficient students with a rationale for each option proposed, and a justification for any proposed changes in existing programs and services.

(3) A description of the opportunities the district will make available to limited English proficient students for instruction in maintaining or developing proficiency in their native language, including, but not limited to, as part of an English language learners program or through foreign language classes or after school programs.

(4) A description of how English language learners programs or services will be provided to ensure that a student has the opportunity to: (a) become proficient in using the English language for oral communication and literacy in English; (b) master curriculum content according to the district's curriculum guidelines, state academic standards and curriculum frameworks; and (c) be able to participate in the district's regular or advanced educational programs and extracurricular activities.

(5) A description of the qualifications and certification status of all staff who will provide English language learners programs and services to limited English proficient students.

(6) A description of the uniform assessment instruments, prescribed by the department, to be utilized by the district to determine the language dominance, level of English proficiency and ability to perform regular education classroom work in English of a newly enrolled student who may be of limited English proficiency and the academic level of such student, for the purpose of placing such student in a program established under this chapter. Such description shall include the qualifications of staff administering such assessments.

(7) A description of how the student's oral comprehension, speaking, reading and writing of English will be assessed annually by qualified personnel, using uniform assessment instruments prescribed by the department, and how these assessments will be used in conjunction with other evaluation information to determine when the student has achieved a level of English language proficiency that will enable the student to perform regular education class work.

(8) A description of how the school district will evaluate the effectiveness of English language learners programs and services provided to limited English proficient students in terms of helping such students attain English language proficiency and master academic standards and curriculum frameworks.

(9) A description of the measures that will be used to ensure that former limited English proficient students in regular education classrooms have the opportunity to continue their progress in all areas of the curriculum, including compliance with the academic standards and curriculum frameworks.

(10) A description of the measures that will be used to ensure that limited English proficient students whose parents or legal guardians have chosen to enroll them in a regular education classroom and not in an English language learners program will be provided the opportunity to continue to progress in all areas of the curriculum, including compliance with the academic standards and curriculum frameworks.

(11) A description of the training to be provided for all staff in working with culturally and linguistically diverse student populations. Such description shall also include a staff development plan that describes how the district will build capacity among all staff in the school district to serve limited English proficient students.

(12) A description and documentation of how principals, teachers, parents or legal guardians of limited English proficient students, parent advisory councils and the general public were included in the development and review of the district plan.

(13) A description of how parents or legal guardians of limited English proficient students will be informed when it is determined through assessments prescribed by the department that their child can participate fully in the English language curriculum without native language or other language support services.

(14) A description of how parents or legal guardians of limited English proficient students will be provided the opportunity to continue to remain involved in English language learners programs.

In a school district with fewer than 20 limited English proficient students in any 1 language group, the district plan shall include, but not be limited to, the following:-

(1) A description of the programs and services currently being provided by the district to limited English proficient students.

(2) A description of the range of English language learners programs and services the district will make available to all limited English proficient students with a rationale for each option proposed, and a justification for any proposed changes in existing programs and services.

(3) A description of the qualifications and certification status of all staff who will provide English language learners programs and services to limited English proficient students.

(4) A description of the uniform assessment instruments, prescribed by the department, to be utilized by the district to determine the language dominance, level of English proficiency, and ability to perform regular education classroom work in English of a newly enrolled student who may be of limited English proficiency and the academic level of such student, for the purpose of placing such student in an English language learners program. Such description shall include the qualifications of staff administering such assessments.

(5) A description of how the student's oral comprehension, speaking, reading and writing of English will be assessed annually by qualified personnel, using uniform assessment instruments prescribed by the department, and how these assessments will be used in conjunction with other evaluation information to determine when the student has achieved a level of English language proficiency that will enable the student to perform regular education class work.

A district plan shall be valid for 3 years. In the third year, a school district shall submit an updated district plan to the commissioner for approval in the manner provided herein for submission of a district plan. In addition to the requirements of this section for a district plan, the updated district plan shall also include documentation evidencing the academic outcomes for limited English proficient students served under the prior district plan.

In a school district with 20 or more limited English proficient students in any 1 language group, no district plan or updated district plan shall be submitted to the commissioner until after a public hearing, with due notice to interested parties, has been held on such plan. The district shall make any such plan available for public inspection at least 10 days prior to any public hearing. Due notice shall include notification published in a newspaper of general circulation in the district, and other reasonable steps to notify parents of limited English proficient students within the district and other interested parties of such hearing, not less than 15 days prior to any such hearing. Any such notification shall include a brief description of the plan, the date, time and place of the hearing, and shall indicate the place where the plan is available for public inspection. Notices to parents or legal guardians of limited English proficient students required by this section shall, to the maximum extent possible, be in a language understandable by the parents or legal guardians.

If the commissioner determines that a district is not in compliance with this section, or that a district plan cannot be approved as submitted, the office of language acquisition shall provide advice and technical assistance to the district and shall set a date certain for the submission of a revised district plan. Regulations promulgated by the department to implement this chapter shall include, but not be limited to, measures to deal with districts that fail to submit district plans, or that submit district plans that the commissioner does not approve.

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 enrolled in English language learners programs in the same manner and frequency as report cards and progress reports of other students enrolled in the district. The reports shall, to the maximum extent possible, be written in a language understandable to the parents and legal guardians of such students.

Limited English proficient students in any English language learners program shall be taught to the same academic standards and curriculum frameworks as all students, and shall be provided the same opportunities to master such standards and frameworks as other students. Districts shall regularly assess mastery of academic standards and curriculum frameworks; provided, that such assessments may be conducted in a language other than English so long as the student remains in an English language learners program.

In order to encourage innovation and best practices, school districts may develop innovative programs designed to accelerate English language proficiency. Any such program shall provide limited English proficient students with the opportunity to develop oral comprehension, speaking, reading, and writing of English and to meet academic standards and curriculum frameworks. Such programs may include, but not be limited to, modified bilingual world language bilingual education. All such programs shall be submitted to the department for review and approval. The office of language acquisition shall review and make recommendations on all such programs.

The office of educational quality and accountability shall conduct on-site visits to school districts with approved district plans, established under this section, at least once every 5 years for the purpose of evaluating the effectiveness of such plan and to validate evidence of educational outcomes. The evaluation shall include, but not be limited to, a review of individual student records of all limited English proficient students, a review of the programs and services provided to limited English students to determine if they are in accordance with the district plan, and a review of the drop out rate of limited English proficient students formerly enrolled in the district's English language learners program or programs within the prior 3 years.

In the event a review and evaluation undertaken under this section demonstrates that a district is substantially out of compliance with the district plan, or is failing to adequately improve educational outcomes for limited English proficient students enrolled in English language learners programs, the commissioner may recommend to the board of education that any school within the district be declared under-performing under sections 1J and 1K of chapter 69.

Section 2B. School districts shall assess annually all limited English proficient students in the oral comprehension, speaking, reading, and writing of English by means of English proficiency uniform assessment instruments intended for limited English proficient students, which have been prescribed by the department. Except as provided in this section, any limited English proficient student may remain in an English language learners program for a period of 2 years, or until such time as the student achieves a level of English language proficiency that will enable the student to perform successfully in classes in which instruction is given only in English as determined by scores on English proficiency assessments as set forth in this section, whichever occurs first. Only full-day kindergarten shall be counted toward the time limitations set forth in this section. School districts shall develop an intensive English learning success plan for any limited English proficient student whom the district determines fails to achieve scores on English proficiency assessments that, in the determination of the department, reflect sufficient progress toward achieving English language proficiency following the student's first year in any English language learners program. Any such plan shall be developed with the participation and approval of the student's parents or legal guardian. The plan shall concentrate on the needs of the student to master English language literacy skills and shall specify such instruction or services as intensive English classes, intensive tutoring, after or before school programs, summer programs, literacy mentoring, and other academic supports that will assist the student in the rapid acquisition of English necessary to access academic standards and curriculum frameworks at grade level. Any student who fails to achieve scores on English proficiency assessments that, in the determination of the department, reflect sufficient proficiency that will enable the student to perform successfully in classes in which instruction is given only in English, may remain or be placed in such intensive plan for up to 1 additional year, with the approval of the student's parents or legal guardian.

Any limited English proficient student enrolled in a two-way bilingual education program who has achieved sufficient scores on English proficiency assessments that, in the determination of the department, reflect a level of English proficiency appropriate to the student's grade level, may remain enrolled in such programs for longer than 3 years.

If later evidence suggests, as determined by the school district, that a limited English proficient student transferred from an English language learners program to a regular education program prior to his third year in such English language learners program is still disadvantaged by a lack of English proficiency and may benefit from being reenrolled, under an intensive English learning success plan, in an English language learners program offered by the district, such student, with the approval of the student's parents or legal guardian, may be so reenrolled for a length of time equal to that which remained at the time he was transferred.

Nothing in this chapter shall be construed to prohibit, limit, restrict or prevent, an educational agency, as defined in 20 U.S.C. 1720 from complying with the provisions of 20 U.S.C. 1703 (f).

In the event of any conflict between this chapter and an individual educational plan developed for a school age child with a disability under chapter 71B, the provisions of such plan shall prevail.

SECTION 18. Said chapter 71A, as so appearing, is hereby further amended by striking out section 3, and inserting in place thereof the following section:-

Section 3. School districts shall notify, in writing, the parents or legal guardian of a limited English proficient student of the English language learners program that are available within the district, and shall recommend a specific program for the student. Such notice shall be sent by mail not later than 10 days after the enrollment of the student in the school district. The notice shall contain a simple, non-technical description of the purposes, method and content of the various programs, reasons for the school district's recommendation of a specific program, and shall inform the parents or legal guardian that they have the right to visit English language learners program classes in the school district, and to come to the school for a conference to explain the nature of the various English language learners programs. The notice shall further inform such parents or legal guardian that they have the absolute right, if they so desire, to choose any English language learners program for the student from among those provided by the school district, to prevent the student from being placed in an English language learners program, or to withdraw the student from a program, in the manner as hereinafter provided in this section. The notice shall also inform such parents or legal guardian of the existence of any parent advisory council established within the district under this section. Any such notice shall be written in English and in the language of which the parents or legal guardians so notified possesses a primary speaking ability.

In any case where a district recommends that a student be placed in an English language learners program, the parents or legal guardian of such student shall have the right, either at the time of the original notification under this section, or at the close of any marking period thereafter, to choose an English language learners program for the student from among those provided by the school district, to prevent the student from being placed in an English language learners program, or to withdraw the student from such program by sending written notice of such decision by mail to the school authorities of the school district in which the student is enrolled. Such written notice shall be sent not later than 10 school days after receipt of the notice sent by the school district, under this section. In the case of a student who is to be withdrawn from an English language learners program, the written notice shall be sent not later than 10 school days after the close of any marking period.

Each school district operating an English language learners program or programs for 20 or more limited English proficient students in any 1 language group shall establish a parent advisory council. The parent advisory council shall be comprised of parents or legal guardians of students who are enrolled in English language learners programs within the district. Each parent advisory council shall have at least 1 representative from every language group in which a program is conducted in a given district. Membership shall be restricted to parents or legal guardians of students enrolled in English language learners programs within the district. The duties of the parent advisory council shall include, but not be limited to, advising the school district on matters that pertain to the education of students in English language learners programs, meeting regularly with school officials to participate in the planning, development, implementation, and evaluation of the district plan required by this chapter, and to participate in the review of school improvement plans established under section 59C of chapter 71 as they pertain to limited English proficient students. Any parent advisory council may, at its request, meet at least once annually with the school council. 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 English language learners programs for the district or other appropriate school personnel as designated by the superintendent.

SECTION 19. Said chapter 71A, as so appearing, is hereby further amended by striking out section 4, and inserting in place thereof the following section:-

Section 4. A school district may allow a non-resident limited English proficient student to enroll in or attend its English language learners programs, and the tuition for such student shall be paid by the school district in which the student resides.

Any school district may join with any other school district or districts to provide English language learners programs required or permitted by this chapter.

SECTION 20. Said chapter 71A, as so appearing, is hereby further amended by striking out section 5, and inserting in place thereof the following section:-

Section 5. In order to ensure daily opportunities for speaking English and for contact with English speaking peers, limited English proficient students shall participate fully with their English-speaking peers in those regular education classrooms, subjects or activities in which verbalization in English is not essential to understanding, including, but not necessarily limited to, homeroom, art, music, physical education, recess and lunch. Each school district shall ensure that limited English proficient students have practical and meaningful opportunity to participate fully in the extra-curricular activities of the regular education programs in the district. English language learners programs shall be located, whenever feasible, in the regular public schools of the district rather than separate facilities.

Students enrolled in an English language learners program, whenever possible, shall be placed in classes with students of approximately the same age and level of educational attainment. If students of different age groups or educational levels are combined, the school district so combining shall ensure that the instruction given each student is appropriate to the student's level of educational attainment and the school district shall keep adequate records of the educational level and progress of each student enrolled in a program. The maximum student-teacher ratio and age span shall be set by the department and shall reflect the unique educational needs of children enrolled in English language learners programs.

SECTION 21. Said chapter 71A, as so appearing, is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. The commissioner shall grant certificates to teachers of bilingual education or English as a second language under section 38G of chapter 71; provided, that teachers of structured English immersion, or innovative programs approved by the department under section 2A shall be certified in bilingual education or English as a second language. No person shall be eligible for employment by a school district as a teacher of bilingual education, or English as a second language, except as provided in this section, unless he has been granted a certificate by the commissioner under said section 38G with respect to the type of position for which he seeks employment. Nothing in this section shall be construed to prevent a school committee from prescribing additional qualifications.

In cases of shortages of certified teachers of bilingual education or English as a second language, as determined by the commissioner, the commissioner may grant a waiver to a teacher of bilingual education or English as a second language who is not certified with respect to the type of position for which he seeks employment, if he presents the commissioner with satisfactory evidence indicating he: (1) possesses a speaking and reading ability in a language, other than English, in which English language learners programs are offered and is proficient in written and oral English; (2) is of sound moral character; (3) possesses a bachelor's degree or earned a higher academic degree; (4) meets such requirements as to courses of study, semester hours therein, experience and training as may be required by the board of education that will enable him to become a certified teacher of bilingual education, or English as a second language in the state; and (5) is legally present in the United States and possess legal authorization for employment. Any waiver shall be subject to annual renewal by the commissioner; provided, that the waiver may be renewed not more than 4 times. In granting a waiver under this section, the commissioner shall give preference to persons who have been certified as teachers in their country or place of national origin.

SECTION 22. Said chapter 71A, as so appearing, is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. A school district may establish, on a full or part-time basis, preschool or summer school English language learners programs for limited English proficient students or join with the other school districts in establishing such pre-school or summer programs. Preschool or summer programs shall not substitute for English language learners programs required to be provided during the regular school year. A school district may establish after school programs to assist limited English proficient students in developing and maintaining native language proficiency.

SECTION 23. Section 8 of said chapter 71A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "transitional bilingual education program", and inserting in place thereof the following words:- English language learners program.

SECTION 24. Notwithstanding any general or special law to the contrary, each school district shall, within 5 years of the effective date of this act, have at least 1 teacher who is certified in English as a second language, bilingual education or other English language learners program under section 38G of chapter 71 or regulations promulgated thereto.

SECTION 25. Notwithstanding any general or special law to the contrary, any school district with 200 or more limited English proficient students enrolled in the school system that appoints a person to be its director of English language learners programs shall appoint a person who is certified in English as a second language, bilingual education or other English language learners program under section 38G of chapter 71 or regulations promulgate thereto.

SECTION 26. Notwithstanding any general or special law to the contrary, any limited English proficient student, as defined in section 1 of chapter 71A of the General Laws, who was enrolled in a public secondary school in the commonwealth directly from a country other than the United States of America, and who was unable to achieve proficiency in the English language, as determined by English proficiency assessments established under section 2B of said chapter 71A, prior to leaving such public secondary school, to the extent possible shall be given access to English language and literacy skill instruction courses offered through the adult basic education program established under section 1H of chapter 69 of the General Laws.

SECTION 27. Notwithstanding any general or special law to the contrary, within 5 years of the effective date of this act, if the department of education implements any foreign language requirement on school districts, such requirement shall be mandatory for elementary schools.

SECTION 28. Notwithstanding section 53 of chapter 54 of the General Laws to the contrary, the attorney general and state secretary shall jointly review the ballot question title and 1 sentence statements prepared by them under said section 53 for the initiative petition of Lincoln J. Tamayo and others submitted for the November 2002 state election to determine whether any changes should be made to the title or statement to ensure a fair, accurate and neutral ballot question title and description, in view of the passage of this act.

Notwithstanding section 54 of chapter 54 of the General Laws to the contrary, the state secretary shall seek updated arguments from the opponents and proponents of the initiative petition of Lincoln J. Tamayo and others that reflect changes made to the law under this act.

SECTION 29. Sections 1 and 17 shall take effect on January 1, 2003.

SECTION 30. Sections 2 through 16, inclusive, and 18 through 27, inclusive, shall take effect on July 1, 2003.

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AN ACT RELATIVE TO ENHANCING ENGLISH OPPORTUNITIES FOR ALL STUDENTS IN THE COMMONWEALTH. 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.

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When retired teacher Andrei Joseph testified before the Massachusetts Joint Committee on Education, the legislators listened.

"I spent most of my career at Concord-Carlisle High School, supported by affluent communities. The typical ELL student there was the son or daughter of a professional who had been hired from Germany or Japan by academia or a Massachusetts-based corporation. Most students could read and write in their first language and often had parents that spoke English.

"My daughter, on the other hand, has spent the last ten years teaching ELL students first in Dorchester and now in Roxbury...Her ELL population has typically fled poverty and violence and not infrequently includes students who have no formal education whatsoever.

"One pedagogic approach does not fit all of these students," Joseph added.

It's hard to argue with that.

Now the legislature has passed and the governor had signed a law that overturns the ban on bilingual education and gives school districts the flexibility to implement English Language Learner programs that best meet the needs of their students.

The old law drove many bilingual and bicultural educators out of public schools, and left many students behind by requiring that they be taught in English-only classrooms. It limited most districts to one kind of instruction-Sheltered English Immersion.

The Massachusetts Teachers Association (MTA) played a major role in pushing through the new Language Opportunity for Our Kids Act by joining forces with the Massachusetts Educators of English Language Learners, the Massachusetts Immigrant and Refugee Advocacy Coalition and the Massachusetts Association for Bilingual Education.

"This new law respects the diversity of learners and their native languages and cultures," says MTA President Barbara Madeloni. "It is especially meaningful that parents will have more voice in advocating for the needs of the children."

"I am very proud of my union for supporting this new law," says Andrei Joseph.

English Language Learners are the fastest growing population in the states' public schools.

Massachusetts' Sheltered English Immersion mandate was the result of the passage of a 2002 ballot initiative proposed by Ron Unz, a California millionaire and anti-bilingual-educator crusader. As education professors Claude Goldenberg and Kirstin Wagner have noted: "Resistance to bilingual education is sometimes rooted in xenophobia and ethnic prejudice... and peaks during periods of increased immigration."

By overturning its ban on bilingual education, Massachusetts joins a number of other states, including California, who have opted for more flexibility in teaching ELL students. In 2000, 40 states prohibited or severely limited bilingual education. Thanks to the efforts of educators and their organizations, today only two states-Arizona and New Hampshire-have laws constraining the use of bilingual education programs; and nine states require "English-Only" instruction in their language instruction for ELL students-Alabama; Arkansas; Hawaii; Missouri; New Hampshire; North Dakota; West Virginia; South Carolina, and Vermont.

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Massachusetts overturns one-size-fits-all approach to teaching English Language Learners - It's another victory for bilingual education! - NEA EdJustice

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When retired teacher Andrei Joseph testified before the Massachusetts Joint Committee on Education, the legislators listened. "I spent most of my career at Concord-Carlisle High School, supported by affluent communities. The typical ELL student there was the son or daughter of a professional who had been hired from Germany or Japan by academia or a Massachusetts-based corporation.

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https://www.doe.mass.edu/ele/cpr/default.html
"As one part of its accountability system, the Massachusetts Department of Elementary and Secondary Education oversees local compliance with education requirements through Tiered Focused Monitoring (TFM). All reviews cover selected requirements of the following areas: Title IV of the Civil Rights Act of 1964; The Equal Educational Opportunities Act of 1974 (EEOA); the Elementary and Secondary Education Act of 1965 (ESEA); Massachusetts General Laws c. 69, 71A, 71B, and 76; and Chapter 218 of the Massachusetts Acts of 2002. Districts are reviewed every six years through TFM except the districts that repeat as Tier 4 for three consecu"

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As one part of its accountability system, the Massachusetts Department of Elementary and Secondary Education oversees local compliance with education requirements through Tiered Focused Monitoring (TFM). All reviews cover selected requirements of the following federal and state laws: Title IV of the Civil Rights Act of 1964; The Equal Educational Opportunities Act of 1974 (EEOA); the Elementary and Secondary Education Act of 1965 (ESEA); Massachusetts General Laws c. 69, 71A, 71B, and 76; and Chapter 218 of the Massachusetts Acts of 2002. Districts' ELE programs are reviewed every six years.

There are 12 ELE criteria that target implementation of the requirements related to ELE programs under state and federal law and regulations:

1. ELE 1: Annual English Language Proficiency Assessment

2. ELE 2: State Accountability Assessment

3. ELE 3: Initial Identification of ELs and FELs

4. ELE 5: ELE Program and Services

5. ELE 6: Program Exit and Readiness

6. ELE 7: Parent Involvement

7. ELE 8: Declining Entry to a Program

8. ELE 10: Parental Notification

9. ELE 13: Follow-up Support

10. ELE 14: Licensure Requirements

11. ELE 15: Professional Development Requirements

12. ELE 18: Records of ELs

Tiered Focused Monitoring allows for differentiated monitoring based on a district's level of need. The Tiers are defined as follows:

Districts in Tiers 1 and 2 have been determined to have no or low risk:

Tier 1: Data points indicate no concern on compliance and performance outcomes - meets requirements.

Tier 2: No demonstrated risk in areas with close link to student outcomes - low risk.

Districts in Tiers 3 and 4 have demonstrated greater risk:

Tier 3: Areas of concern include both compliance and student outcomes - moderate risk.

Tier 4: Areas of concern have profound effect on student outcomes and ongoing compliance - high risk.

The monitoring process differs depending on the tier assigned to the district as well as the district's previous tier assignment.

The review process includes the following:

1. Self-Assessment

District reviews English Learner Education documentation for required elements including document uploads.

District reviews a sample of English learner (EL) student records selected across grade levels and EL focus areas such as opt-out students, former ELs and students and/or parents who need translation and/or interpretation.

Upon completion of these two internal reviews, the district's self-assessment is submitted to the Department for review.

2. Verification

Review of EL student records: The Department may select a sample of student records and request certain documentation to be uploaded to the WBMS as evidence of implementation of the ELE criteria.

Review of additional documents for English Learner Education

Surveys of parents of ELs: Parents of ELs are sent a survey that solicits information regarding their experiences with the district's implementation of English Learner Education program(s), related services, and procedural requirements.

Interviews of staff

Classroom observations as applicable

Parent and student focus groups as applicable

Tiered Focused Monitoring (TFM) Guidance

Problem Resolution System

The Massachusetts Department of Elementary and Secondary Education (DESE) is committed to helping individuals and school districts resolve problems promptly. Laws exist to protect the rights of all students in the Commonwealth, and to ensure that all students receive equal educational opportunities.

DESE encourages schools and districts to take quick action to respond to questions and concerns about students' educational programs. Therefore, individuals with such concerns are encouraged to contact school district personnel (for example, the principal, superintendent of schools, or the administrator of special education) first to resolve the problem. However, individuals may ask DESE for assistance without speaking first with someone in the school or district.

Through its Problem Resolution System (PRS), DESE handles complaints that allege a public school or district is not meeting legal requirements for education. Anyone, including parents, students, educators, community members, and agency representatives, can contact PRS for assistance.

Contact Problem Resolution System at:

Problem Resolution System Office
Massachusetts Department of Elementary and Secondary Education
135 Santilli Highway, Everett, MA 02149
Telephone: 781-338-3700
TTY: N.E.T. Relay: 1-800-439-2370
FAX: 781-338-3710
compliance@doe.mass.edu

For people who do not write or speak English, or are not comfortable communicating in English, DESE will make appropriate arrangements.

English Learner Coordinated Program Review (CPR) & TFM Reports

Responses to findings included in these reports are available from the respective local superintendent or charter school director. For questions regarding these reports, contact Sibel Hughes. For reports not listed below, see Public School Coordinated Program Review Reports.
Districts
A B C D E F G H I JK L M N O P Q R S T U V W X Y Z **Note: Most of the reports are over 1MB in size, please allow extra time for download.

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massachusetts department of elementary and secondary education

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Massachusetts Department of Elementary and Secondary Education

# data[].attributes.attachment_link.title
English Learner Education Program Monitoring & Compliance

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The goal of the Massachusetts public K-12 education system is to prepare all students for success after high school. Massachusetts public school students are leading the nation in reading and math and are at the top internationally in reading, science, and math according to the national NAEP and international PISA assessments.

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https://www.census.gov/library/stories/state-by-state/massachusetts-population-change-between-census-decade.html

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Surveys/Programs > Decennial

The U.S. Census Bureau provides the 50 states, the District of Columbia, and Puerto Rico with population counts to use in their redrawing of congressional and state legislative district boundaries - a process known as "redistricting."

While the states are responsible for legislative redistricting, the Census Bureau provides population counts possible for the geographic areas the states need.

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Massachusetts Population Grew 7.4% to Over 7 million From 2010 to 2020

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Surveys/Programs > Decennial The U.S. Census Bureau provides the 50 states, the District of Columbia, and Puerto Rico with population counts to use in their redrawing of congressional and state legisla­tive district boundaries - a process known as "redistricting." While the states are responsible for legislative redistricting, the Census Bureau provides population counts possible for the geographic areas the states need.

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https://www.doe.mass.edu/ele/programs/dle.html

"First, bilingual approaches should be used when working with ELs in order to allow students' cognitive and social emotional development to be continuous. As students are learning English and learning to do school work in and through English, they are engaged in age-appropriate learning tasks in their home language that are cognitively challenging and encourage critical thinking."

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Dual Language Education

A Dual Language program is defined in the M.G.L. 71A, as "a model designed to promote bilingualism and biliteracy, cross-cultural competency, and high levels of academic achievement for both native English speakers and ELs from a single language background. Provided, however, that students shall develop and maintain their first language while adding a second language and shall receive the same core curriculum as all students in the state...(and) that the instruction for such students shall be provided in two languages throughout the program." Most importantly, dual language programs are additive bilingual programs because all students develop and maintain their home language while adding a second language to their repertoire.

According to the 3rd edition of the Guiding Principles for Dual Language Education (Howard et al., 2018), the term dual language refers to any program that provides literacy and content instruction to all students through two languages and that promotes bilingualism and biliteracy, grade-level academic achievement, and sociocultural competence-a term encompassing identity development, cross-cultural competence and multicultural appreciation-for all students.

Two-Way Immersion

Two-Way Immersion (TWI) programs typically include approximately an equal number of students who are monolingual or dominant in English at the time of enrollment and students who are monolingual or dominant in the partner language at the time of enrollment. There may also be students who have proficiency in both languages at the time of enrollment. In TWI programs, no less than one third and no more than two thirds of the student population are monolingual or dominant in either English or the partner language at the time of enrollment.

Essential Features of Effective TWI Programs

The student body of TWI programs includes native English speakers and native speakers of the partner language who are learning English. These programs can be effective for students at varying proficiency levels in English and the partner language, students with special needs, and students who come from a range of socioeconomic backgrounds and educational experiences when they first enter the program.

The design of TWI programs allows students to master academic content while becoming bilingual, biliterate, and multiculturally competent. Although there is flexibility in how TWI programs are structured and implemented, certain features of TWI programs are essential. Essential components for TWI programs include:

1. maintaining a minimum of 50&percnt; of the daily instructional time in the partner language (at the secondary level, this may vary);

2. opportunities for students to integrate language and content instruction that are intentional and carefully planned;

3. high academic expectations for all students; and

4. initiating the program in the primary grades (PreK-K) and extending the program through at least the elementary school level (grade 5).

One-Way Immersion*
*Note: The Department will be working on One-Way Immersion Guidance. The information below is in draft form and will be updated when guidance is finalized.
One Way Immersion (OWI) programs typically include native English-speakers or native speakers of the second language as most of the students enrolled. In OWI classrooms, instruction takes place in two languages, English, and the partner language. Students in this program use both languages to learn content and language simultaneously.

Essential Features of Effective OWI Programs

The goal of dual language immersion is to establish strong literacy skills in English and partner language in the early grades and produce fully bilingual, bi-literate students by the end of elementary school. For example, students whose primary language is Spanish would learn in English and Spanish in a one-way immersion program model. Another example would be for students whose primary language is English to learn together in Mandarin and English, or in French and English, etc.

The design of OWI programs allows students to master academic content while becoming bilingual, biliterate, and multiculturally competent. The One-Way Immersion model provides 50&percnt; of instruction in the partner language ( for example, Spanish) and 50&percnt; of instruction in English to Spanish-speaking learners. Teachers who provide instruction in these classrooms should have a bilingual endorsement.

Although there is flexibility in how OWI programs are structured and implemented, certain features of OWI programs are essential. Essential components for OWI programs include:

1. maintaining a minimum of 50&percnt; of the daily instructional time in the partner language (at the secondary level, this may vary);

2. opportunities for students to integrate language and content instruction that are intentional and carefully planned;

3. high academic expectations for all students; and

4. initiating the program in the primary grades (PreK-K) and extending the program through at least the elementary school level (grade 5).

What is the difference between One-Way Immersion (OWI) programs and Two-way Immersion (TWI) programs?

100&percnt; Students from the same language group

50&percnt; from one language group and
50&percnt; English speakers

Taught by BE Endorsed Teachers and General education licensed teachers

Taught by BE Endorsed teachers and General Education licensed teachers

Produce Fully Bilingual learners
(Additive model - Keeps developing and building on the native language while adding a second language)

Produce fully bilingual learners
(Additive model - Keeps developing and building on the native language while adding a second language)

50&percnt; of Instruction is in English and
50&percnt; in the partner language

50&percnt; of instruction is English and
50&percnt; in the partner language

Professional Development for Dual Language Education

Bilingual Education Online School Course for School Leaders Sessions RLO
List of Dual Language Programs

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massachusetts department of elementary and secondary education

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Massachusetts Department of Elementary and Secondary Education

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The goal of the Massachusetts public K-12 education system is to prepare all students for success after high school. Massachusetts public school students are leading the nation in reading and math and are at the top internationally in reading, science, and math according to the national NAEP and international PISA assessments.

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"English-Only" law in Massachusetts repealed anti-bilingual laws in 2017 -Ashley 

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"English-Only" law in Massachusetts repealed anti-bilingual laws in 2017 -Ashley 

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https://www.edweek.org/teaching-learning/english-only-laws-in-education-on-verge-of-extinction/2019/10

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Just 15 years ago, bilingual education was banned in three states-Arizona, California, and Massachusetts-which altogether educated 40 percent of the nation's English-language learners.

Now, amid the national embrace of biliteracy and dual-language education, those statewide English-only laws are on the brink of extinction.

In the past three years, voters and lawmakers in California and Massachusetts repealed anti-bilingual education laws, leaving Arizona's as the last one standing.

Arizona Superintendent of Public Instruction Kathy Hoffman intends to push for a full repeal of the state's "English for Children" law, during the 2020 legislative session that begins in January and she has support from both Democratic and Republican legislators.

Lawmakers in Arizona already dealt a blow to the bilingual education ban this year, cutting the amount of time English-learners have to spend in mandatory English-only immersion classes from four hours a day to two.

"We should be using evidence-based best practices and giving flexibility to school communities, so our [English-learner] students can more quickly pick up their new language and succeed in the long-term," Hoffman said in a statement provided to Education Week.

Bilingual activists and the state tangled for decades over the legality of the requirement that ELLs take four hours of English instruction a day-a move that opponents said restricted ELLs' access to other coursework and minimized their exposure to native English-speaking peers. In 2015, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in favor of the state in Flores v. Arizona, rejecting the plaintiffs' argument that the state's approach to teaching English-learners violated the federal Equal Educational Opportunities Act, a law that requires states and districts to provide students with appropriate aid to overcome language barriers.

Research-backed bilingual education models often take a different approach, such as mixing native English speakers with English-learners in dual-language classrooms in which students learn English and a second language.

'Unz Initiatives'

Software developer Ronald Unz, who financed the campaigns to ban bilingual education in Arizona and California, isn't convinced that a return to bilingual education will benefit English-learners.

Approved in the late 1990s and early 2000s, the laws known as "Unz initiatives" replaced bilingual education with structured- or sheltered-English-immersion programs.

In the early 2000s, Unz and other proponents of California's English-only law felt vindicated when ELLs' test scores in English proficiency and reading rose in the first few years after the law passed.

"All the research is done by bilingual activists and bilingual academics and bilingual professors," Unz said.

"They all predicted getting rid of bilingual education would be a gigantic disaster."

But evidence began to emerge more than decade ago that the English-only approach was not producing the intended results.

See Also: Teaching America's English-Language Learners: A Special Report

A U.S. Department of Education-funded study released in 2008 found that states with bilingual education had smaller achievement gaps on the National Assessment of Educational Progress than states with the "Unz initiatives."

Fifteen years after the law passed, Arizona has one of the nation's lowest graduation rates for English-learners; roughly 40 percent of English-learners in the class of 2017 earned a high school diploma in four years. That's 25 percentage points below the national average.

"With the passage of time and the outcomes we were getting, we could see, anybody could see, that it wasn't working," said Delia Pompa, a senior fellow for education policy at the Migration Policy Institute's National Center on Immigration Policy.

Pompa was the head of the U.S. Department of Education's bilingual education office and then the National Association of Bilingual Education during the years that voters passed the "Unz initiatives."

The accountability movement in K-12 education ushered in by the No Child Left Behind Act led to the undoing of the English-only laws because districts had to closely monitor the progress of all students, including English-learners, she said.

"There was a mistaken notion that if you just expected these kids to speak English and work harder at it, they would do it. It was clear that these kids weren't doing well," Pompa said. "I don't think it's an accident that you kind of saw a domino effect with these [laws]."

Turning Tide

Despite the mounting evidence, the tide against the English-only education laws did not begin to turn until 2016.

That's when California voters passed Proposition 58, which effectively repealed that state's Unz initiative: Parents there no longer have to sign waivers if they want their children to participate in bilingual education or dual-language immersion.

A year later, Massachusetts lawmakers passed the LOOK Act, an acronym for "language opportunity for our kids."

As in California, Massachusetts districts can now select their own method for teaching English to English-learners.

The push to repeal Proposition 227 in California, also led to the creation of the seal of biliteracy, which grants special recognition to high school graduates who demonstrate fluency in two or more languages. Less than a decade after California introduced the honor, students in nearly 40 states and the District of Columbia can earn recognition for their ability to read, speak, and write in more than one language.

"We are much more enlightened and realize what bilingual students bring to the classroom," said Santiago Wood, executive director of the National Association of Bilingual Education.

The law has restricted teachers of English-learners, as well as students.

Patricia Sandoval-Taylor, the director of the language acquisition department in the Tucson, Ariz., district, taught in a structured English-immersion classroom after the state's English-only law passed.

When helping her students define a vocabulary word such as elegant, Sandoval-Taylor said she was prohibited from using the Spanish equivalent, elegante, to help her students make the connection.

"Even though I knew their primary language and could help them with that tool, I instead had to use English only," Sandoval-Taylor said.

In Tucson, English-learners must prove their proficiency in English before they're allowed to enroll in dual-language programs. But native English-speaking students don't have to prove their proficiency in another language in order to enroll in dual-language.

Lisa Graham Keegan, who served as Arizona's state schools superintendent when the English-only law passed and neither supported nor opposed it at the time, said some of the state's highest performing schools, especially those with significant English-learner populations, simply ignored the law.

"The nonsense that occurs when we deny children the opportunity to use and develop their native language can be both demoralizing and counterproductive," Keegan said.

"Our best examples of teaching English well do so with great respect to, and use of, the native language."

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'English-Only' Laws in Education on Verge of Extinction

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Just 15 years ago, bilingual education was banned in three states-Arizona, California, and Massachusetts-which altogether educated 40 percent of the nation's English-language learners. Now, amid the national embrace of biliteracy and dual-language education, those statewide English-only laws are on the brink of extinction.

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Asset-based and positive language. However, it is focused on English learning.

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Contact Us

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Massachusetts Department of Elementary and Secondary Education

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Interactive Blueprint for English Learner Success

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The goal of the Massachusetts public K-12 education system is to prepare all students for success after high school. Massachusetts public school students are leading the nation in reading and math and are at the top internationally in reading, science, and math according to the national NAEP and international PISA assessments.

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Massachusetts Law allowing Bilingual Education and parents getting to choose a program for their children - Ashley

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Massachusetts Law allowing Bilingual Education and parents getting to choose a program for their children - Ashley

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By Corey Mitchell - November 27, 2017 2 min read

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New legislation has paved the way to allow Massachusetts schools to teach English-language learners in their native language while they learn English.

The new law, passed by state lawmakers last week, aims to offer school systems and parents flexibility to choose programs that best suit the needs of their students.

Massachusetts is the latest domino to fall in a push to repeal English-only immersion education laws.
Growing ELL Population
The change in Massachusetts comes amid unprecedented growth in the state's English-language learner population, which has doubled since 2000, the Bay State Banner reports. Now more than 90,000 Massachusetts students are classified as English language learners, representing almost 10 percent of the state's public school enrollment.

Under the new law, students who achieve high levels of proficiency in English and one or more foreign languages would also qualify for the state's new seal of biliteracy, which honors students who are literate in two or more languages. Now, nearly 30 states offer the special recognition.

That law also allowed school systems and parents to run transitional bilingual education programs, which provides students with academic content in their native language while they learn English. But the Globe reports that few districts did so because it required a "cumbersome waiver process to get the programs running." The new law eliminates that waiver process.
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Corey Mitchell was an associate editor who covered special education, English-language learners and other special populations.

A version of this news article first appeared in the Learning the Language blog.

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Massachusetts Law Paves the Way for More Bilingual Education

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By Corey Mitchell - November 27, 2017 2 min read Remove Save to favorites Save to favorites Print New legislation has paved the way to allow Massachusetts schools to teach English-language learners in their native language while they learn English.