Monitoring

Paragraph 93. The District shall monitor all schools enrolling ELLs to ensure that the above requirements are being appropriately and adequately implemented.

Paragraph 94. Before the end of each school year, beginning with the 2012-2013 school year, the District shall conduct at least one on-site visit at each school whose revised plan was not approved by OELL by January 30 of each year pursuant to Paragraph 58. The District shall monitor each such school’s implementation of this Agreement and shall provide a written report of each visit and any further actions taken by the school to the United States on March 31 and August 1 of each year.

Paragraph 95. If at any time the District learns that any ELL is not receiving ELL services as called for under this Agreement, it shall take reasonable steps to ensure that appropriate ELL services are provided to the student at that student’s assigned school within 30 days of learning of the lack of ELL services.

Paragraph 96. BPS shall evaluate the effectiveness of its ELL program to determine whether its language services are overcoming language barriers within a reasonable period of time and enabling students to participate meaningfully and equally in educational programs.

  • a. To measure program effectiveness, at a minimum BPS shall disaggregate English proficiency assessments results, standardized test scores (including Title I content assessments), retention-in-grade rates, graduation rates, and enrollment in special education, enrichment, gifted and talented, and other advanced learning programs (e.g., Advanced Placement, honors, AWC and AVID) by school and specific language program (e.g., language-specific, multi-lingual, mixed ELL and non-ELL, general education, dual language, bilingual, HILT for SIFE, etc.) to:
    • i. evaluate the progress and achievement of ELLs overall and by specific language program over time (i.e., as they progress through ELD levels to FLEP status) through the District Analysis and Review Tool (“DART”) for English Learners and other measuring tools, such as but not limited to ESL grades; MEPA, ACCESS, or equivalent assessment; and MCAS or equivalent assessment;
    • ii. monitor the academic performance and participation of former ELLs in BPS’s educational programs relative to their native-English speaking/never-ELL peers over time from the point of exit from ELL services and at least three years thereafter, through use of the DART for English Learners and other appropriate measuring tools;
    • iii. monitor the academic performance and progress in language acquisition of ELD level 3 students grouped for ESL with ELD level 1 and level 2 students; and
    • iv. analyze longitudinally a cohort of students by school and Program to assess whether students enrolled in each Program model are overcoming language barriers within a reasonable period of time and participating meaningfully and equally in educational programs relative to their native-English-speaking/never-ELL peers.
  • b. The District shall complete its longitudinal study by the end of the 2014-15 school year and provide the results of that study to the United States by August 1, 2015.
  • c. BPS shall use the results of current and future longitudinal studies to inform ELL program decisions and improve the effectiveness of ELL programs. BPS shall notify the United States in writing annually by August 1 of all proposed substantive changes to its ELL programs, including those based on the results of the longitudinal study. If the United States objects to the proposed changes on the grounds that they do not meet the terms of this Agreement, the EEOA, or Title VI, it shall notify BPS in writing. If the parties are unable to resolve the objections within 60 days of the written notice, the United States and/or private plaintiffs may pursue relief under the enforcement provisions in Paragraph 107.