Definitions

Paragraphs 1 to 22

Paragraph 1. “The School District” and “the District”

Paragraph 2. “ELLs”

Paragraph 3. "Newly identified ELLs”

Paragraph 4. “ELL Services”

Paragraph 5. “FLEP”

Paragraph 6. “Non-LEP” or “Non-ELL”

Paragraph 7. "Opt Outs”

Paragraph 8. “ELL Program”

Paragraph 9. “ESL”

Paragraph 10. “SEI”

Paragraph 11. “Core Content”

Paragraph 12. “Category Training”

Paragraph 13. “Alternative English language education program”

Paragraph 14. “Compensatory Services”

Paragraph 15. “LAT”

Paragraph 16. “IEP”

Paragraph 17. “SPED”

Paragraph 18. “Major Languages”

Paragraph 19. “OELL”

Paragraph 20. A “high incidence program school”

Paragraph 21. A “low incidence non-program school”

Paragraph 22. “Essential information”

Paragraph 1. “The School District” and “the District” refer to the Boston School Committee and the public schools it operates.

Paragraph 2. “ELLs” refers to students who have been determined to be English Language Learners, Limited English Proficient, or Non-English Proficient and thus require assistance to overcome language barriers that impede their equal and meaningful participation in the District’s instructional programs. For purposes of this Agreement, ELLs includes “newly identified ELLs” and SIFE students.

Paragraph 3. "Newly identified ELLs” refers to students who were previously assessed only for speaking and listening, and were reassessed in the Spring of 2010 in all four language domains (including reading and writing) and determined to meet the criteria stated in Paragraph 2.

Paragraph 4. “ELL Services” refers to assistance afforded to ELLs for the purpose of teaching the English language or to render substantive educational content accessible, whether in the context of an ELL program specifically designed for ELLs or in a classroom where ELLs and non-ELLs are educated. Services may include English as a Second Language (ESL), English Language Development (ELD), Sheltered English Immersion (SEI), transitional bilingual education, and/or two-way bilingual instruction.

Paragraph 5. “FLEP” refers to Formerly Limited English Proficient, which is a student who at one time was an ELL but subsequently met the District’s criteria for exiting ELL services.

Paragraph 6. “Non-LEP” or “Non-ELL” refers to a student who is not an English Language Learner, Limited English Proficient, or Non-English Proficient and who does not require assistance from the District to overcome language barriers in order to have equal and meaningful participation in the District’s instructional programs.

Paragraph 7. "Opt Outs” or “students previously deemed to have opted out of ELL programs or services” are ELLs who, prior to December 23, 2009, were treated as non-ELLs and not provided with ELL programs or services.

Paragraph 8. “ELL Program” refers to the District’s methods or systems for delivering ELL services, such as (i) assigning ELLs to or grouping them in particular classes designated for ELLs, or (ii) assigning ELLs who speak a particular foreign language to a given school. For example, some schools offer a language-specific SEI program consisting of a multi-grade strand of classes enrolling only ELLs (now generally those with ELD levels 1, 2, and 3) who receive ESL and SEI core content together with teachers who also can provide native language support in a particular language. Other ELL-only SEI classes for ELD levels 1, 2, and 3 are multilingual because they contain ELLs from more than one language background. Other examples of “programs” are High Intensity Language Training for Students with Interrupted Formal Education (“HILT for SIFE” or “HILT”); transitional bilingual education, and two-way bilingual instruction. Placement in a formally designated program for ELLs, a transitional program, or a “program seat” is not a prerequisite to receiving appropriate ELL services.

Paragraph 9. “ESL” refers to English as a Second Language, which is direct, explicit instruction about the English language that provides a systematic and developmentally appropriate approach to teaching language. The Massachusetts Department of Elementary and Secondary Education (MADESE) and the District also refer to ESL as ELD instruction. ESL and ELD instruction address the listening, speaking, reading, and writing standards as contained in MADESE guidelines.*

Paragraph 10. “SEI” refers to the Sheltered English Immersion program required by Massachusetts law. See MGL Ch. 71A. SEI is an instructional model for teaching grade-level content to ELLs by integrating language and literacy development into content area instruction. SEI instruction systematically incorporates an array of teaching strategies that make the content (e.g., math, science, and social studies) more comprehensible to ELLs while promoting their English language development.

Paragraph 11. “Core Content” refers to language arts, math, science, and social studies.

Paragraph 12. “Category Training” refers to the following four categories of training that MADESE deems, under current policy, to qualify a certified teacher to teach an SEI class of one or more ELLs:

“Category 1” refers to the “Second Language Learning and Teaching” curriculum. This training emphasizes key factors affecting second language acquisition. This is a 10- to15-hour training wherein teachers learn skills and knowledge regarding factors affecting second language acquisition and how such factors affect classroom organization and instruction.

“Category 2” refers to the “Sheltering Content Instruction” curriculum. This is usually a 30- to 40-hour training session wherein teachers learn to make necessary adaptations in curriculum, learning outcomes and assessments to shelter content instruction for ELLs. The District also offers a 24-hour face-to-face training that MADESE has approved.

“Category 3” refers to the “Assessment of Speaking and Listening” curriculum, involving Massachusetts English Language Assessment-Oral (MELA-O) training with more in-depth discussion and practice in providing opportunities for oral interaction in the classroom. The District offers a 9-hour face-to-face training with an additional 1 to 2 hours for administering the test. This course is designed as an introduction to the field of testing, assessment, and evaluation in second language education, providing teachers with an understanding about the MELA-O and the qualifications for administering this assessment.

“Category 4” refers to the “Teaching Reading and Writing to Limited English Proficient Students” curriculum, which is offered separately for elementary and secondary SEI teachers. This is a 15- to 20-hour training wherein teachers focus on the approaches and practices for ELLs to develop reading, reading comprehension, and writing skills using the writing process and formal elements in writing in content area classes. The District offers a 15-hour face-to-face training and a hybrid 15-hour training in which 50% of the training is face-to-face and 50% of the training is completed online.

Currently under MADESE guidelines, a “qualified” SEI teacher refers to (a) a teacher certified in the content area and ESL, or (b) a teacher certified in the content area who has completed training in Categories 1, 2, and 4. **

Paragraph 13. “Alternative English language education program” refers to OELL-approved turnaround/redesign plans in the District’s “turnaround” schools that are in addition to or in place of the SEI program, as well as to classes in which English is not necessarily used exclusively as the teaching language.

Paragraph 14. “Compensatory Services” refers to language support services provided during the summer, vacation academies, Saturdays, and after school to newly identified ELLs and to those students deemed to have “opted-out” of programs or services for ELLs prior to December 23, 2009.

Paragraph 15. “LAT” refers to a language assessment team consisting of designated employees at each school who are responsible for ensuring the identification, adequacy of instruction, and monitoring of ELLs.

Paragraph 16. “IEP” refers to an Individualized Education Program under the Individuals with Disabilities Education Act (IDEA), and “Section 504 plan” refers to a plan designed to meet the individual educational needs of a student with a disability under Section 504 of the Rehabilitation Act of 1973 (Section 504). “IEP Team” and “Section 504 Team” refer to the teams constituted under these laws to: identify the student’s individual needs; propose placements, programming or services; and/or develop an IEP or Section 504 plan for the student.

Paragraph 17. “SPED” refers to special education and related aids and services, and “SPED student” refers to a student with a disability under Section 504 or a student who is eligible for special education under the IDEA. “SPED ELL” refers to a SPED student who is also an ELL.

Paragraph 18. “Major Languages” refers to the most commonly spoken languages other than English for ELLs in the District, including Spanish, Cape Verdean Creole, Haitian Creole, Portuguese, Chinese, Vietnamese, Somali, and any other language that the District shall add whenever the number of students with that language background reaches 100.

Paragraph 19. “OELL” refers to the Office of English Language Learners in the District.

Paragraph 20. A “high incidence program school” refers to a school with a high incidence of ELLs in any particular language group.

Paragraph 21. A “low incidence non-program school” refers to a school with a low incidence of ELLs in any particular language group.

Paragraph 22. “Essential information” includes, but is not limited to: (a) information about special education matters arising under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act (e.g., IEP or 504 meetings); (b) report cards and other academic progress reports; (c) information about the disciplinary process; (d) requests for parent permission for student participation in District/school sponsored programs and activities; (e) promotional materials and announcements distributed to students that contain information about school and District activities for which notice is needed to participate in such activities (e.g., testing, co-curriculars, activities requiring an application, parent-teacher conferences, open houses); (f) parent handbooks; (g) documents concerning enrollment or registration; (h) documents concerning academic options and planning; (i) documents concerning screening procedures requesting a student’s language background, a parent’s preferred language of communication, and the process for refusing all or only specific ELL services; (j) information related to public health and safety; and (k) any other written information describing the rights and responsibilities of parents or students and the benefits and services available to parents and students.

* To the extent the District relies on state laws or guidance for its commitments in this Agreement, they are referenced herein where appropriate. Current curricular guidelines are set forth in the Massachusetts English Language Proficiency Benchmarks and Outcomes (ELPBO). MADESE recently adopted WIDA (World Class Instructional Design and Assessment) guidelines.

** The parties are aware that SEI training requirements set by the MADESE are likely to be altered in the near future; in which case they agree that the Category training mandates set forth in this Agreement shall be replaced with any new MADESE training requirements or timelines that directly supersede them, provided the United States has determined that those new requirements and timelines adequately prepare educators to provide SEI instruction.