Agreement

1 - 22: Definition of terms

23 - 27: Purpose and scope of applicable law

28: Home language survey to be changed to the following questions with any answers other than English to trigger testing:

  • What is the primary language used in the home regardless of language spoken by the student?
  • What is the language most often spoken by the student?
  • What is the language that the student first acquired?

29: Students referred for testing are to be assessed in all four domains. An overall ELD will be generated following assessment.

30: Intake personnel at FRC and NACC or others involved with student registration will be properly trained on the following:

  • Intake/registration forms
  • Language proficiency is properly assessed
  • Appropriate SPED IEP referrals
  • Explaining services and programs to parents

31: FLEPs are flagged on teacher rosters and academic progress is to be monitored.

32: ELLs do not need to change school in order to receive ELL services.

  • If programs are changed, ELLs are still permitted to attend the current school through the final grade offered by such school while receiving services.
  • If any ELL is denied enrollment in a school, the reason and instance of such denial shall be documented.
  • The District shall carry out the requirements of this paragraph through strategic plan.

33: Procedures to establish opt outs from ELL services.

34: Documentation required for opt-outs.

35: Services that are to be provided in the event the parent opts out of services.

36: ELL services in the form of ESL and SEI core content services are to be provided for all ELLs regardless of the school.

37: All ELLs are to be integrated with non-ELLs at recess, art, music, gym, lunch and library.

38: All ELLSWD are to receive ESL except for a narrow group of students defined in Paragraph 67 and those ELLs whose parents/guardians have refused such services.

39: Appropriate grouping for ESL instruction for the elementary level in that students with ELD level 3 may be grouped with students with ELD levels 1 and 2 with contingencies. Teachers assigned to teach ELLs with ELD levels 1-3 must be trained on differentiating instruction and provided lesson planning and common planning time.

40: Various methods of providing ESL.

41: Requisite amount of daily ESL time per ELD level.

42: Secondary schools shall offer different levels of ESL classes for ELLs.

43: OELL shall develop instructional models and monitoring tools for ESL instruction.

44: Outlines the elements of SEI instruction and different methods for sound instruction.

45: ELLs receive core content with ESL certified teachers or teachers with Category 1, 2, and 4 training.

46: District shall actively recruit bilingual staff and trained in working with ELLs for teaching positions.

47: Vacancies shall express interest in candidates with relevant certifications.

48: ESL shall be provided by a teacher who is certified and qualified to teach ESL. To meet this requirement, the District shall use various methods and resources.

49: Assignment of teachers with applicable certifications.

50: The District shall update its ESL Curriculum Frameworks and require and provide training on such standards to any teacher assigned to teach ESL.

51: ESL materials are available and in use in all ESL classrooms.

52: All core content instruction is provided by teachers who are certified in the content area and in SEI. As such, subject to any changes DESE mandates:

  • District shall ensure adequate number of teachers are category trained,
  • Require categories in 1, 2, and 4 until DESE launches RETELL,
  • Provide supplemental SEI training.

53: Reporting requirement to submit updated Category Training Report.

54-55: Reporting requirement for ELL information in electronic list format.

56: District shall notify each school of shortfalls in ELL services after completing the electronic list outlined in paragraphs 54 and 55. The school will respond to shortfalls within 15 days.

57: If teachers are assigned to teach ESL but are not ESL certified, substitute teachers who are ESL certified or who have completed Category trainings will be assigned.

58: Schools whose reports do not reflect the capacity to comply must devote no less than 15 of the 18 mandatory hours of professional development to meet shortfalls.

59: Requirement to monitor progress for teachers obtaining category trainings and ESL certification.

60: All employees who evaluate teachers or ESL or SEI classes are trained regarding cultural awareness and best practices in order to perform meaningful evaluation of instruction

61: Annual training is to be provided during Principal Institute and other mandated principal gatherings.

62: OELL shall train its staff and other District coaching staff for building school capacity.

63: Any school that enrolls at least 700 students with a HILT for SIFE program must employ one full-time nurse.

64: The District shall develop a plan to submit to US for review and approval for tracking performance of SIFE students in the HILT program. A plan for professional development also needs to be submitted for review and approval.

65: Teachers who teach HILT ESL must be ESL certified. Every HILT content class must be taught by a teacher who is ESL certified or is trained in Categories 1, 2, and 4.

66: District shall provide both SPED services and ELL services to each SPED ELL.

67: No accommodations to standard language proficiency assessment procedures and ELL services unless determined necessary by the IEP or 504 team under a documented team process. ELL services cannot be denied entirely unless it is determined that the student’s disability is so severe that it would be unreasonable to expect that the student will ever be capable of using or understand language.

68: District shall maintain a list of staff members who are qualified and are knowledgeable about ELL needs and received training on the intersection between SPED and ELL.

69: With the assistance of New England Equity Assistance Center, the District shall provide training to Special Education and Student Services Coordinators regarding appropriate strategies for educating ELLs with disabilities. OELL shall ensure that special education staff and school ELL staff hold at least one joint planning meeting.

70: The District shall hire an OELL and SPED shared consultant.

71: District shall ensure that its Comprehensive Special Education Resource Manual includes procedures to ensure that all SPED ELLs are promptly and appropriately assessed.

72: The District shall maintain a list of names of qualified bilingual special education evaluators in each of the District’s major languages and available to conduct evaluations.

73: Requirements for documentation to be found in each SPED ELLs special education file.

74: Documentation required for new or revised IEP or Section 504 plan.

75: The District shall continue to use its instructional monitoring tool at the McKinley School and review its effectiveness of the model.

76: The District shall assign an individual knowledgeable about ELL needs and services to each SPED ELLs teaching team and provide information and training as part of the school’s ELA professional development sessions.

77: Students who opted out of ELL services or newly identified ELLs will be offered enrichment services as long as he or she remains an ELL.

78: In addition to summer programs, the District will offer compensatory services during after school academic programs, vacation academies, and Saturday school programs.

79: Parent liaisons will request parent preferences regarding the delivery of compensatory services and incorporate information into future services.

80: Data submission requirements regarding compensatory services.

81: Compensatory services are to be offered to ELLSWD.

82-87: Parent communications.

88-92: Access to AWC.

93: District shall monitor schools’ compliance with above-mentioned requirements.

94: Before the end of each school year, the District shall conduct at least one on site visit at each school whose revised plan was not approved by January 30th, pursuant to paragraph 58.

95: If District finds any ELL is not receiving ELL services, it shall take reasonable remedial measures within 30 days.

96: The District is charged with conducting a longitudinal study comparing the progress between ELLs versus non-ELLs and ELLs in programs versus ELLs in general education, FLEPs, students grouped with ELD levels 1-3 for ESL instruction, and follow the development of a cohort of students.

97-103: Reporting requirements/deadlines.

104: District shall provide a list of newly hired teachers and provisional teachers with their certifications and whether they were offered “reasonable assurances.”

105: US will attend probable organization meetings as observers upon reasonable notice.

106-110: Enforcement.