Frequently Asked Questions

(FAQs)

Q. What is a Successor Agreement?

A. The new agreement replaces the interim agreement that was signed in October 2010 as the Successor agreement is a more comprehensive agreement that would govern the district’s transition from short-term remedies to longer-term policies and programs that will ensure that English language learners receive high quality services delivered by qualified teachers, tailored to each student’s particular needs.

Q. Why is there DOJ involvement?

A. In March of 2010, Department of Justice Civil Rights division, the Department of Education, Civil Rights division, and BPS conducted a lengthy examination with regard to the methods in which ELLs were serviced and found that BPS failed to provide services to approximately 9,000 entitled students, and that the services that were provided were often delivered by untrained staff. Additionally, ELLs were identified with an assessment that tested listening and speaking skills rather than evaluating all four domains.

Q. How is an ELL defined for the purposes of the Successor Agreement?

A. An ELL is a student who requires “assistance to overcome language barriers that impede their equal and meaningful participation in the District’s instructional programs.” This group includes student that were “newly identified” in May 2010 and students who formerly opted out of ELL services.

Q. How are ELLs identified as entitled to services?

A. A student’s whose score or answer on the Home Language Survey screening tool suggests that (s)he speaks a language other than English is triggered for assessment. The District must use a valid and reliable tool that evaluates all four domains (listening, speaking, reading, and writing) to determine if the student requires ELL services.

Q. How does an ELL become a former ELL (FLEP)?

A. The Language Assistance Team, or LAT, is charged with determining whether students require language assistance based upon test scores (i.e. ACCESS and MCAS) and school performance. For updated FLEP information, please refer to the LAT Facilitator tab of the OELL page on myBPS. FLEPs must be monitored for two years to ensure they make adequate academic progress. Services must be reinstated if the student fails to show sufficient improvement.

Q. Does the ELL have to go to a certain school in order to receive ELL services?

A. No. The agreement is explicitly clear that ELLs must be afforded the full range of school options available to students generally. In other words, the ELL services follow the student. Choices of specialized programs, such as SEI Spanish, should be encouraged because these studies have proven that these programs are effective. Students with interrupted formal education are strongly encouraged to enroll in the HILT for SIFE program to address their specific literacy needs.

Q. What are the basic services that ELLs are entitled to receive?

A. At a minimum, ELLs are entitled to receive the following:

Core content (ELA, Math, Science, Social Studies) that is “sheltered” in a manner consistent with a Sheltered English Immersion (SEI) program model;
English as a Second Language (“ESL”) with instructional time contingent upon the student’s English Language Development (“ELD”) level.
Instructors that are qualified and trained to offer instruction tailored to ELLs.
Text and materials that are current, available, and grade/age appropriate.

Q. What is the minimum amount of ESL ELLs are entitled to?

A. The amount of ESL ELLs are required to receive is contingent upon the ELD level:

Requisite Amount of ESL

ELD Level 1 and 2 = 2.5 hours per day

ELD Level 3 = 1 hour per day

ELD Level 4 and 5 = 2.5 hours per week or ESL may be embedded during the ELA block taught by an ESL certified instructor

Q. Are there rules governing the grouping of students for ESL instruction?

A. Yes. Whether utilizing a push in, pull out, or standalone ESL method, students must be grouped by the following schemes:

Q. Do all the rules governing ELLs apply to ELLs with Special Needs?

A. Yes. The District must provide both SPED services and ELL services to each ELL with special needs in a manner appropriate to the student’s individual needs. Special education does not trump ELL services and vice versa. Reasons for any modifications to the standard ELL services must be documented in the IEP. Toward that end, the modifications must be determined in an IEP Team Meeting with SPED staff and ELL staff, who is a member of the LAT and is “knowledgeable about ELL needs and services” and “trained on the intersection between ELL and SPED.”

Q. Can a student be compelled to accept services against parents’ wishes?

A. The Agreement retains a limited right to “opt-out” of services. Students whose parents refuse services may be able to deny ESL services or a program placement after abiding by the rules set forth in the Successor Agreement. However, there is no right to refuse placement with a teacher trained in sheltering content for students whose English proficiency is limited.

Q. What is the process for “opting out”?

A. An ELL may not be denied ELL services before a meeting between the school and the student’s parents.

Pursuant to paragraphs 33 – 35 of the Successor Agreement, a parent may opt out of ELL services, i.e. SEI program or ESL services, in limited circumstances and only following the relevant safeguards that are set in place:

Principal/headmaster and another representative of the LAT will meet with the parent.
If the parent continues to refuse ELL services, documentation from the school and the parent will be submitted to OELL.
Steps following the submission of documentation.
OELL submits the paperwork to the Department of Justice.

School Meeting with Parents:

Issues to be addressed at the School Meeting:

The range of programs and services the student could receive had the parent not refused the services.
Benefits the child is likely to gain by being enrolled in an ELL program or receiving ELL services.
Students are not required to be assigned to a program, i.e. SEI language specific classroom in order to receive ELL services.
Strongly encourage the parent to allow the student to receive ELL services for at least 30 days.

Documentation to be Submitted by the School and the Parent:

Documentation in Narrative format to be submitted to the OELL office

Elements to be included in School’s Narrative:
- Principal or Headmaster along with a member of the LAT team met with the parents.
- Name of Student, Student ID, date, time, place, and parties present.
- An explanation was provided to the parents that students are not required to be assigned to ELL programs in order to receive services.
- An ELL does not have to be placed in an SEI language specific classroom in order to receive ESL or core content from a category-trained teacher.
- Parents were informed about the specific ELL programs and their benefits that were offered to the student had the parent not refused services.
- SEI program classroom has a 20 to 1 student to teacher ratio.
- Signature of the headmaster or principal.
Elements to be included in the Parent’s Request:
- The reason as to why the parent is opting out of ELL services for their child.
- Parent is aware that by declining program placement for the student, the child’s status as an ELL cannot be denied.
- Although the parent has declined program participation, the student will still participate in statewide mandated assessments, such as MCAS and ACCESS.
- Specific services that the student is refusing such as ESL or SEI language specific program placement.
- Signature of the parent.

Next Steps:

Steps following the parent meeting and submission of documents

School
- School will submit a copy of the paperwork to OELL and retain a copy to be placed in the student’s ELD folder.
- Core content instruction is delivered by teacher trained in Categories 1, 2, and 4.
- If parent refusal does not include a refusal of ESL services, ESL will be provided.
- Provide the student’s core content teacher with a class roster identifying the ELD level and student’s refusal status.
- Routinely monitor the academic progress of the student.
- Meet with the parents if the student is not progressing to recommend ELL services.
OELL
- OELL may contact the parent to describe and answer questions regarding the ELL programs.
- OELL will review the opt out request and supplement with a brief narrative.
- If more than 5% of ELLs at a given school refuse ELL services in a school year, must meet with the principal or headmaster to take steps to reduce the refusal rate.
- Conduct at least 2 reviews of the student’s academic performance each semester.
- OELL will work with the school to complete the Program Change Form to ensure the student is coded accurately.

Q. What should be done if a parent insists on refusing services?

A. The principal must document the contents of the discussion that was held between the school and the parent and the reasons the parents cited for refusing services. The school and the parent must also sign the document. The paperwork will be retained in the student’s ELD folder with a copy submitted to OELL. OELL reserves the discretion to meet with the parent if the reasons for “opting out” require further clarification.

Q. What should be done if a parent insists on refusing services?

Q. Does the Successor Agreement have any bearing on the makeup of a classroom?

A. Yes. ELLs with ELD levels 1-3 should be assigned to an SEI language specific or multilingual program with a student-teacher ratio of 20 to 1 or up to 25 students if a paraprofessional is employed in the classroom. ELLs with ELD levels 4 and 5 in regular education classrooms must be comparable in size to classes without ELLs. When there are significantly fewer students in language-specific SEI classes then multilingual SEI, class sizes should be equalized to ensure that students of different races and ethnicities are treated equitably. But students whose native language is not the same as that of the language specific classroom should not be moved into this class unless other alternatives have been exhausted and with OELL approval.

Q. Does the Successor Agreement have anything to say about teacher training and qualifications?

A. In addition to being certified in the specific content area, all those engaged in teaching ELLs core subjects (including SPED teachers) must complete training in at least Categories 1, 2, and 4 or obtain an SEI Endorsement pursuant to the new regulations promulgated by the Department of Elementary and Secondary Education. ESL must be delivered by ESL certified teachers.

Q. What does the Agreement require of school administrators to make sure that ELLs are taught by trained teachers?

A. All school administrators must do whatever is possible to make sure that ELLs are placed in classrooms with teachers who have the requisite training. If numbers appear insufficient, school leaders must be resourceful and utilize any available means to leverage staff resources, including: reassigning teaching staff to ESL and SEI classes, seeking voluntary inter-school teacher or student transfers, or utilizing mandatory professional development hours to accelerate the development of an adequately trained workforce sufficient to service ELLs in their school.

Q. What is in the Agreement to make sure that its requirements are satisfied?

A. The central mechanism is a school planning process that is designed to ensure that schools provide capacity for ELLs. Schools submit documentation in the form of a school plan to demonstrate how resources will be committed to meet the needs of the ELLs assigned to the school. Furthermore, the District, through the OELL office, is charged with submitting regular, copious, reports for the Federal government to monitor progress.

Q. Are students whom the DOJ found were improperly denied services entitled to compensation?

A. Compensatory services are to be provided to these newly identified ELL students through vehicles such as after school enrichment programs and English Language Learners Summer Enrichment Academy and OELL after school programming.

Q. What happens if the District fails to comply with the Agreement?

A. If found to be in non-compliance, the Federal government explicitly reserves the right to initiate judicial proceedings against the District. A court in any enforcement action would not consider whether the terms of the Agreement were required by federal law, but only if the District was in compliance.