Overview

Overarching Principles

• The Successor Agreement replaces and supersedes the Settlement Agreement entered into by the United States and the District on October 1, 2010 ~ Paragraph 23.
• The Federal government reserves its right to sue in the event of a breach by the District regarding the commitments and obligations under the Successor Agreement ~ Paragraph 108.

Fundamental Rights

• The District shall provide all ELLs with appropriate services consisting of ESL and SEI content instruction at all schools ~ Paragraph 36.
• ELLs do not need to change schools in order to receive ESL and SEI services ~ Paragraph 32.
• ELLs are entitled to continue attending their current school through the final grade offered by the school while receiving ELL services ~ Paragraph 32(a).
• ELLs are not forced to choose between the schools they desire and the receipt of ELL services ~ Paragraph 36.
• Families can still request to opt out of ELL services but only upon following protocol and satisfying the safeguard procedures in place ~ Paragraph 33-34.
• All students are required to attend at least one class period of ESL instruction with varying amount of instructional time contingent upon ELD level ~ Paragraph 38.
• ELD Levels 1 & 2 2.5 hours per day
• ELD Level 3 1 hour per day
• ELD Levels 4 & 5 0.5 hour per day or 2.5 hours per week ~ Paragraph 41.
• SEI content instruction is to be delivered by teachers who are trained in Categories 1, 2, and 4 ~ Paragraphs 45 and 52.
• ESL instruction is to be provided by a teacher who is certified in ESL ~ Paragraph 48.
• In order to efficiently maximize ELL programming, a strategic plan is adopted that will ensure the following:
• Sufficient capacity to serve all ELLs, including those who enroll during the school year
• Equitable distribution of ELL/non-ELL classrooms including high demand schools
• Location of SEI classrooms accurately reflects ELL demographic patterns ~ Paragraph 32(c).
• Parent preferences in regards to how compensatory services (i.e. summer school and after school programs) are to be delivered will be collected and results factored into future program designs ~ Paragraph 79.

Building Capacity for ELLs

• Reporting requirements to build school capacity for ELLs (i.e. students receiving appropriate ESL services, ESL instructors are certified in ESL, etc.) and address shortfalls in complying with the Successor Agreement ~ Paragraphs 54-56.
• District staff will be trained in techniques for building school capacity to meet the educational needs of ELLs ~ Paragraph 62.
• Weekly common planning time for ESL and classroom teachers to ensure coordination between ESL and classroom teachers ~ Paragraph 40.

Professional Development

• Training on ESL curriculum that is aligned to WIDA will be provided to all headmasters who evaluate ESL teachers ~ Paragraph 50.
• All employees that evaluate teachers of ESL and SEI core content classes will undergo training regarding cultural awareness and best practices for ESL and SEI in order to perform meaningful evaluation of instruction ~ Paragraph 60.
• Instructional models and classroom observational tools for ESL and SEI are to be developed along with training to apply these models ~ Paragraph 43.

Tracking the Performance of ELLs

• Students designated as FLEPs are routinely monitored for two years to ensure the student is making academic progress ~ Paragraph 31.
• Students who opt out of services are flagged on the teacher’s roster and monitored for at least 2 reviews per semester ~ Paragraph 35.
• In order to evaluate the effectiveness of the ELL program and to ensure that students are participating meaningfully and equally in educational programs, a longitudinal study will be conducted to achieve the following:
• Evaluate the achievement of ELLs versus non-ELLs
• Analyze a cohort of students by school and program
• Results of study will be factored into development of future programs ~ Paragraph 96.

Special Education

• No ELL shall be denied ELL services solely due to the nature or severity of the student’s disability and no ELL shall be denied SPED services due to his or her ELL status ~ Paragraph 66.
• With the assistance of the New England Equity Assistance Center, training will be provided to Language Acquisition Team facilitators on the intersection between ELL and SPED ~ Paragraph 69.
• Modifications or accommodations to ELL services must be determined necessary by the student’s IEP or Section 504 team, which includes a member who is knowledgeable about ELL needs and considerations related to ELLs’ language and cultural background and who has been trained on the intersection between SPED and ELL services ~ Paragraph 68.

Parent Communications

• Parents will be asked whether they would like notices from the school or District provided in another language other than English ~ Paragraph 82.
• Essential information from the District shall be translated into the District’s major languages and if and when the need is apparent, the information will be translated into languages other than the major languages ~ Paragraph 83.
• Interpretation and translation services will be implemented over a 3 year period with full implementation of all translation and interpretation requirements by the 2014-2015 school year ~ Paragraph 83.
• Interpreters used by the District shall be qualified and trained in the ethics of interpretation and provided without undue delay ~ Paragraphs 83 and 85.
• Unless in the event of an emergency, no student shall be used as an interpreter for communications between the District or School and a LEP parent or guardian ~ Paragraph 86.