Under Previous Mass. Law (Chapter 71A)

2002 Bilingual Education Reform Law

Under Question 2

Definitions
Defines "children of limited English-speaking ability" (CLESA) as those who are either born outside the United States or children of non-English speaking parents who are unable to perform ordinary class work in English.

Definitions
Changes term "children of limited English-speaking ability to "limited English proficient students" (LEP).

Introduces the term English Language Learners (ELL) program, to describe any of the program models districts may use to educate LEP students.

Definitions
Introduces term "English learner," (EL) to define a child who does not speak English or whose native language is not English, and who is currently unable to perform ordinary class work in English.

Introduces "sheltered English immersion," defined as the educational methodology for English learners in which all classroom instruction is conducted in English. Allows that native language can be used minimally, but all subject matter is taught in English.

Program Establishment
Requires school districts to offer a program in transitional bilingual education (TBE) when there are 20 or more CLESA students in any one language group in the district.

Program Establishment
Introduces and defines several ELL program models: two-way, structured English immersion, English as second language (ESL), modified bilingual-world language. Also includes transitional bilingual education.

Requires each district to submit a district plan every three years to assist LEP students in becoming proficient in English and in meeting the academic curriculum frameworks. Districts with 20 or more LEP students in any one language group are required to submit a 14-point plan; those with fewer than 20 such students are required to issue a five-point plan. Programs and services may include ESL, modified bilingual-world language, structured English immersion, transitional bilingual education (TBE), two-way bilingual education, and/or other programs. No district with more than 20 LEP students in any one language group may offer only ESL. Requires plans to be approved by the Commissioner.

District plans are subject to a public hearing.

Program Establishment
Requires districts to place ELs in a sheltered English immersion program for a temporary transitional period not to normally exceed one year.

Allows schools to place ELs of different age groups in the classroom, and encourages mixing students from different native-language groups.

Teacher Qualification
Establishes process for certification that pre-dates and differs from Education Reform. Requires teachers of transitional bilingual education to demonstrate communication skills in English. Provides for exemptions.

Teacher Qualification
Tightens language in chapter 71A to require bilingual education teachers to be certified in bilingual education. In cases of shortages, allows for waivers, but caps the number of years that teachers of ELL programs can work under a waiver at five years; requires teachers to be proficient in written and oral English. Eliminates existing loopholes around minimum requirements for a waiver.

Requires training in second language acquisition techniques as a provision of certification and recertification for all teachers.

Teacher Qualification
Does not address this issue.

(Instead, allows teachers and other school district employees to be personally sued for failure to implement the initiative, which includes using an EL student's native language for instructional purposes.)

Under Previous Mass. Law (Chapter 71A)

2002 Bilingual Education Reform Law

Under Question 2

Student Assessment
Requires annual English language assessments for CLESA students in bilingual programs.

Student Assessment
Requires school districts to annually assess LEP students in oral comprehension, speaking, reading and writing of English using uniform English proficiency assessment instruments prescribed by the Department of Education.

Requires Commissioner to analyze and publish this data.

Districts must include LEP students' progress in acquiring English in quarterly progress reports that are sent home.

Student Assessment
Requires that a standardized, nationally-normed test of academic subject matter given in English be administered at least on an annual basis to all ELs in grades two and higher.

Requires that a standardized, nationally-normed test of English proficiency be given at least on an annual basis to all ELs in grades kindergarten and higher.

Time Limits
Requires CLESA students to remain in TBE program for three years or until he or she achieves a level of English language skills-as determined by annual assessments- to enable a successful performance in English-only classes, whichever occurs first. Allows a student to remain in TBE program longer than three years at the discretion of the district, with parental approval.

Time Limits
Allows LEP students to remain in ELL programs for up to two years, and students may be eligible to remain for one additional year. Specifies that if a student does not make sufficient progress after one year, the school must develop an intensive English Language Success Plan for the student's second year. A student may be eligible to remain in an ELL program for a third year, also under an intensive plan. LEP students in a two-way bilingual program can remain in such program longer than the prescribed time limit, provided, that they have achieved English proficiency within the prescribed time.

Requires districts to report the number of years each LEP student has been enrolled in an ELL program. Requires DOE to publish this and other data.

Time Limits
Requires English learners who are in sheltered English immersion to be mainstreamed after a period "not normally to exceed one year." Does not establish a specific time limit to which districts are held accountable.

Parental Rights
Allows parents to remove child from TBE program, either at the time of notification of enrollment or thereafter, with written notice

Parental Rights
Parent must be notified of ELL program options the district will provide in writing in non-technical language. Parent has right to choose an ELL program for the student from the menu offered by the school district.

Parent may choose not to have their child enroll in an ELL program, and have the absolute right to enroll their child in a regular mainstream classroom instead.

Intensive English Language Success Plans must be developed with participation and approval of the parent.

Requires school districts with 20 or more LEP students to establish a Parent Advisory Council (PAC). Parents and PACs must participate in the development of the district plan.

Parental Rights
Parents of ELs may obtain waivers to enroll their child in a bilingual education program. Allows that parents are entitled to such a program if 20 or more parents in a given grade level in an individual school have successfully obtained waivers. Parents may only apply for waivers if their child already knows English, is age 10 or older, or has special individual needs.

Does not give parents of ELs the absolute right to enroll their child in a mainstream classroom.

Allows parents of ELs to sue if their school is not providing children with an English language education. Parents can sue individuals who granted them a waiver if they later find that the waiver was induced by misrepresentation and injured their child's education.

Pre-School, Summer and After School Programs
Allows school committees to establish pre-school and summer TBE programs.

Pre-School, Summer and After School Programs
Allows school districts to establish pre-school and summer ELL programs.

Adds language allowing for after school programs.

Pre-School, Summer and After School Programs
Requires the state to encourage family members and others to provide personal English language tutoring to English learners.

Establishes a fund (subject to state appropriations) to be used for community-based adult English-language instruction programs for parents or others who promise to provide future English tutoring to ELs.

Resources/Foundation Budget
Counts only TBE students in calculation of foundation budget.

Resources/Foundation Budget
Counts students in any ELL programs in calculation of foundation budget.

Resources/Foundation Budget
Does not address this issue.

Office of Bilingual Education
None in current education laws.

Office of Language Acquisition
Establishes an Office of Language Acquisition within the department of education to assist commissioner in overseeing and monitoring ELL programs, and in collecting and disseminating best practices.

Office of Bilingual Education
Does not address