Identification & Placement of ELLs

Paragraph 28. The District shall ensure that all registration and intake staff at the Family Resource Centers (FRCs), Newcomer Assessment Center (NAC), and the schools have parents/guardians complete a Home Language Survey (HLS) and assess the English language proficiency (ELP) of, or refer for an ELP assessment, any enrolling student (a) whose HLS indicates that a language other than English is (i) the primary language used in the home, regardless of the language spoken by the student; (ii) the language most often spoken by the student; or (iii) the language that the student first acquired, or (b) for whom there is any other reason to believe the student is not proficient in English. The District shall change its HLS to include these three questions in accordance with the implementation plan approved by the United States. The District shall not revise any of these three questions without prior confirmation by the United States that the proposed revision is consistent with Title VI, the EEOA, the compliance obligations arising from this Agreement and the notice letters that preceded it. The ELP Assessments shall be accomplished as soon as possible but no later than 20 days from the student’s enrollment during the school year, or within 20 days or by the first day of the new school year, whichever comes later, if the student enrolls during the summer. During peak season, January 1 through March 15 and August 1 through October 31, ELP Assessments shall be accomplished as soon as possible but no later than 25 days. Parents shall be informed, orally or otherwise, of assessment results and student assignment options as soon as possible but no later than 2 school days after the completion of the assessments. Notice of the assessment scores shall be delivered or mailed to parents no later than 5 days following the notice of student assignment.

Paragraph 29. The District shall ensure that all students in grades K2-12 who are referred for language testing are assessed with a valid and reliable English language proficiency test to determine the students’ English proficiency in all four language domains of listening, speaking, reading, and writing. The District shall follow the assessment’s process for generating an overall English language proficiency level for each ELL and shall properly align these overall levels with the overall proficiency levels of 1 through 5 generated by the Massachusetts English Proficiency Assessment (MEPA) and the MELA-O or any other English language proficiency test that replaces them to ensure that ELLs receive ELL services that are appropriate for their level of proficiency, as set forth in this Agreement.

Paragraph 30. By September 1 of each school year the District shall ensure that all intake personnel at the FRC, NAC, and the schools who are involved in student registration and assessment receive training on the following tasks:

• a. Completing the intake/registration forms of students, including the HLS;
• b. Ensuring that students’ English proficiency is properly assessed in all four language domains of listening, speaking, reading, and writing and that the determination of each ELL’s overall proficiency level reflects an accurate interpretation of those results;
• c. Referring appropriate students to the BPS SPED department for potential evaluation or provision of SPED services if they have a current IEP, or there is some other indication that the student may have a disability or may require special education or related services; and
• d. Informing parents/guardians of the District’s ELL services and programs, and responding to parental questions regarding assessment and placement procedures.

Paragraph 31. Students designated as FLEPs shall be listed on the ELD tab on the District’s intranet portal and flagged as FLEPs on teachers’ class rosters. Consistent with the District’s exiting protocols, the LATs at the individual schools and the OELL shall monitor the academic progress of such students after every marking period for two years to determine if they require any ELL services. Consistent with the District’s reentry protocols, any newly identified FLEP student who fails to make adequate academic progress, as measured by valid and reliable indicators, including, but not limited to, grades, assessments, and standardized tests, during their monitoring period shall be provided appropriate ELL services that adequately address the student’s academic needs. As of the start of the 2012-2013 school year, the OELL shall track and monitor school-level reports to ensure that FLEP students are appropriately monitored by school staff and that appropriate interventions and services are put in place for FLEP students who are not making adequate academic progress. The District shall provide to the United States by January 15 and August 1 of each year a list of FLEP students, disaggregated by school, who were identified as requiring additional academic or ELL services.

Paragraph 32. The District shall provide all ELLs with appropriate ELL services consisting of ESL and SEI core content instruction in their current or preferred school and shall ensure that ELLs do not need to change schools in order to receive these services.

• a. If the District adds, removes, or modifies any school-level ELL program, it shall ensure that ELLs are permitted to continue attending their current school through the final grade offered by such school and further ensure that ELLs have access to the same range of core content classes as non-ELLs in an SEI format that enables them to access the content as required by the state-mandated SEI program.
• b. If any ELL seeks and is denied enrollment in a school due to lack of space or some other reason (e.g., the ELL program is not offered at the parent’s school of choice), the District shall (i) make a record of each instance, including the school(s) sought by the ELL, the reason(s) the sought school(s) were denied, and the school in which the ELL enrolled; and (ii) ensure the ELL still receives appropriate ELL services consisting of ESL and SEI core content instruction, as required by Paragraphs 36-39 and 41-42.
• c. The District shall effectuate the requirements of this Paragraph through a Strategic Plan that will ensure: (i) sufficient capacity to serve all ELLs, including those ELLs who enroll during the school year, with ESL and SEI instruction through a combination of language-specific SEI classes, multilingual ELL-only SEI classes, mixed ELL/non-ELL SEI classes, HILT for SIFE classes, bilingual classes and dual language classes; (ii) sufficient numbers of mixed ELL/non-ELL classes to serve any unexpected ELL enrollees and ELL students who do not wish to participate in ELL-only programs; (iii) an equitable distribution of ELL-only and mixed ELL/non-ELL SEI classes throughout the District, including in schools frequently chosen by parents and students where seats are in high demand; and (iv) that the location of ELL-only language-specific classes or ELL-only multi-lingual classes accurately reflects annual data on immigration, ELL demographic patterns in BPS, and ELL school preferences in BPS. The District shall further ensure that the nature and location of ELL-only programs does not discriminate against any particular group of students on the basis of national origin or race. The District understands that, notwithstanding its intention to use this Strategic Plan as a means of organizing ELL services, it remains obligated at all times to comply with the first sentence of this Paragraph and Paragraph 36.

Paragraph 33. If any parent/guardian of an ELL communicates a refusal to have his/her child enrolled in an ELL program, and/or refuses all or only specific ELL services (e.g., ELL-only SEI classes, language-specific SEI classes, or HILT classes) at the FRC, NAC, or the schools, the District shall have the student’s principal/headmaster and another representative of the school’s LAT meet with the parent to:

• a. Describe the range of programs and services that the child could receive if the parent does not refuse, including the methodology the District plans to employ to address the student’s educational needs and the training and qualifications of teachers and any others who would be employed in teaching the student;
• b. Discuss the benefits their child is likely to gain by being enrolled in an ELL program and receiving ELL services;
• c. Explain that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services; and
• d. Encourage the parent to allow the child to receive ELL services for at least 30 days before making a decision to refuse.

Paragraph 34. If, notwithstanding efforts taken by the District in conformance with Paragraph 33, the parent continues to refuse certain or all ELL services, the principal shall (on a form created by OELL for this purpose) document:

• a. That s/he met with the parent;
• b. That it was explained to the parent that, notwithstanding any past practice, the District shall not require students to be assigned to programs specifically designated for ELLs, or schools containing such programs, in order to receive ELL services;
• c. The specific educational program offered the child, including the specific services planned, the methodology the District would have employed to address the student’s educational needs, and the training and qualifications of teachers and any other staff the District would have employed in teaching the student if the parent did not refuse services; and
• d. The parent’s reason(s) for refusing services.
• e. The principal also shall ask the parent to sign the form in order to verify that the reasons stated accurately reflect the parent’s motivation for refusing services. The principal shall provide parents with a copy of the form, submit a copy to OELL, and maintain the form in the ELD folder of the student’s permanent record. If a form is submitted for an ELL with an ELD-level of 1-3 whose parent refuses ELL-only SEI classes or for a SIFE student whose parent refuses HILT services, a representative of the OELL may contact the parent to describe and answer questions about the ELL program(s) in which the child could be placed. If, after any such discussion, the parent continues to refuse ELL-only SEI classes or HILT services, the ELL shall nevertheless receive services in an SEI classroom taught by a teacher who has completed Categories 1, 2, and 4 or is ESL certified, and is otherwise qualified under state guidelines, in accordance with Paragraphs 12 (including Footnote 2), 41, 49 and 52. If the parent refusal of services does not include a refusal of ESL services, the ELL shall receive ESL services required for the student’s ELD level, in accordance with Paragraphs 38-39 and 44-45. If more than 5% of the ELLs at a given school refuse ELL services in any given school year, OELL shall meet with the principal, analyze the reasons for the refusals, and take appropriate steps to reduce this rate.

Paragraph 35. Consistent with the parent refusal procedures provided to the United States on July 7, 2010, the District also shall do the following if any parent/guardian of an ELL refuses in writing to have his/her child receive ELL services:

• a. Provide the student core content instruction, including language arts, from teachers who are certified to teach appropriate elementary grade level or secondary subject matter and have completed at least Categories 1, 2, and 4 training;
• b. Provide the student’s core content teachers with a class roster identifying the student’s English proficiency level and his/her refusal status;
• c. Provide the student’s academic teachers with training to support the student’s English language and subject matter learning needs;
• d. Routinely monitor the academic progress of the student, which shall include at least two reviews of the student’s academic performance by the OELL each semester; and
• e. Meet with the student’s parent/guardian if the student is not progressing to recommend ELL services.