Paragraph 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.
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.
- 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 offere32: d 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.
- 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.
- 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 41: Requisite amount of daily ESL time per ELD level.
Consistent with MADESE’s and the District’s guidance, the District shall provide, to the extent practicable, ESL instruction:
- For 2.5 hours per day to all ELLs who are at ELD levels 1 and 2 and whose parent/guardian has not refused ESL services. One hour per day of the 2.5 hours of ESL may consist of content-based ESL from an ESL certified teacher who is also certified in a content area or from a team-taught content class by an ESL certified teacher and content certified teacher, if OELL approves the specific delivery model;
- For 1 hour per day to all ELLs who are at ELD level 3 and whose parent/guardian has not refused ESL services; and
- For 2.5 hours per week to all ELLs who are at ELD levels 4 and 5 and whose parent/guardian has not refused ESL services. The 2.5 hours of ESL may be embedded into the ELA/literacy or writing block if the OELL approves this or another school-proposed alternative delivery model (e.g., a high school creative writing class taught by an ESL certified teacher).