Governor Patrick signs into Law MA Senate Bill, No. 2247
The following is a summary of the law as it pertains to Limited English Proficient Students. It has been prepared by Jenni Lopez of META
AN ACT RELATIVE TO THE ACHIEVEMENT GAP
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith innovation into school districts and turnaround underperforming schools, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled,
And by the authority of the same, as follows:
89 SECTION 3. Chapter 69
Section 1J. (a)
In adopting regulations allowing the commissioner to designate a school as underperforming or chronically underperforming, the board shall ensure that such regulations take into account multiple indicators of school quality …..lack of demonstrated significant improvement … either in the aggregate or among subgroups of students, including …English language proficiency …
(c) In creating the turnaround plan … the superintendent shall include… (5) achievement data for different subgroups of students, including… limited English proficient students…
The superintendent shall also include in the creation of the turnaround plan…
the following: (4) steps to address achievement gaps for limited English proficient,
… students; and (5) alternative…English language learning programs for limited English proficient students, notwithstanding chapter 71A;
To assess the school across multiple measures of school performance and student success, the turnaround plan shall include measurable annual goals including…(6) progress among subgroups of students, including … limited English proficient students
(d)…, in creating the turnaround plan …(b), the superintendent may,…; (4) provide funds,…
to increase the salary of any administrator, or teacher in the school, to attract or retain highly qualified administrators, or teachers … who work in … underperforming schools… …
(10) include a provision of job embedded professional development for teachers at the school, with an emphasis on strategies that involve teacher input and feedback; (11) provide for increased opportunities for teacher planning time and collaboration focused on improving student instruction; (12) establish a plan for professional development for administrators at the school, with an emphasis on strategies that develop leadership skills and use the principles of distributive leadership; …
For a school with limited English proficient students, the professional development and planning time for teachers and administrators identified in clauses (10) to (12), inclusive, shall include specific strategies and content designed to maximize the rapid academic achievement of limited English proficient students at the school.
(m) Upon the designation of a school as a chronically underperforming school… the commissioner shall create a turnaround plan for the school.
(n) In creating the turnaround plan … the commissioner shall include,… student outcome data, including… (5) achievement data for different subgroups of students, including …… limited English proficient students … The commissioner shall include in the creation of the turnaround plan, (4) steps to address achievement gaps for limited English proficient students; (5) alternative English language learning programs for limited Englishproficient students, notwithstanding chapter 71A;
In order to assess the school across multiple measures of school performance and student
success, the turnaround plan shall include …; (6) progress among subgroups of students, including … limited Englishproficient students…
.
(o) … in creating the turnaround plan… the commissioner may,
(10) include a provision of job embedded professional development for teachers at the school, with an emphasis on strategies that involve teacher input and feedback; (11) provide for increased opportunities for teacher planning time and collaboration focused on improving student instruction; (12) establish a plan for professional development for administrators at
the school, with an emphasis on strategies that develop leadership skills and use the principles of distributive leadership;
For a school with limited English proficient students, the professional development and planning time for teachers and administrators identified in clauses (10) to (12), inclusive, shall include specific strategies and content designed to maximize the rapid academic achievement of the limited English proficient students.
(x) Notwithstanding any general or special law to the contrary, any underperforming or
chronically underperforming school operating a limited English proficient program or programs for limited English proficient students in any 1 language group shall establish a limited English proficient parent advisory council. The parent advisory council shall be comprised of parents or legal guardians of students who are enrolled in limited English proficient programs within the school. Each parent advisory council shall have at least 1 representative from every language group in which a program is conducted in a given school. Membership shall be restricted to parents or legal guardians of students enrolled in limited English proficient programs within the school. The duties of the parent advisory council shall include, but not be limited to, advising the school on matters that pertain to the education of students in limited English proficient programs, meeting regularly with school officials to participate in the planning and development of a plan to improve educational opportunities for limited English proficient students, and to participate in the review of school improvement plans established under section 59C of chapter 71 as they pertain to limited English proficient students. Any parent advisory council may, at its request, meet at least once annually with the school council. The parent advisory council shall establish bylaws regarding officers and operational procedures. In the course of its duties under this section, the parent advisory council shall receive assistance from the director of limited English proficient programs for the district or other appropriate school personnel as designated by the superintendent.
Section 1K. (a) A district shall be deemed eligible for designation as chronically
underperforming upon a determination …. that a school district… has scored in
the lowest 10 per cent statewide … Following such determination, the commissioner shall appoint a district review team pursuant …. The district review team shall include at least 1
person with expertise in the academic achievement of limited English proficient students.
In adopting regulations allowing the board to designate a district as chronically underperforming, the board must ensure that the regulations account for multiple indicators of district quality including …English language proficiency and racial classifications.
(c) In creating the turnaround plan, the commissioner and receiver shall include…
student outcome data, including …, limited English proficient students …In creating the
turnaround plan required in subsection (b), the commissioner and receiver shall include,
(4) steps to address achievement gaps for limited English proficient, …(5) alternative English language learning programs for limited English proficient students, notwithstanding chapter 71A;
(5) progress in areas of academic underperformance; (6) progress among subgroups of students, including … limited English proficient students
(d) …in creating the turnaround plan… the commissioner and the receiver may,…(10) provide for increased opportunities for teacher planning time and collaboration focused
on improving student instruction; (11) establish a plan for professional development for administrators in the district, with an emphasis on strategies that develop leadership skills and use the principles of distributive leadership; (12) establish steps to assure a continuum of high expertise teachers by aligning the following processes with the common core of professional knowledge and skill: hiring, induction, teacher evaluation, professional development, teacher advancement, school culture and organizational structure;
For a district with limited English proficient students, the professional development and
planning time for teachers and administrators identified in clauses (9) to (11), inclusive, shall include specific strategies and content designed to maximize the rapid academic achievement of limited English proficient students in the district.
Section 89.
(e) The board shall establish the information needed in an application for the approval of a
charter school; provided that the application shall include,
(vi) the school’s capacity to address the particular needs of limited Englishproficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department;
(xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, …and shall not discriminate on the basis… proficiency in the English language…
(i) …
(3)…. if the board determines based on student performance data … said district is in the lowest 10 per cent …. the board shall only approve an application for the establishment of a commonwealth charter school if an applicant, … has a record of operating at least 1 school or similar program that demonstrates academic success and organizational viability and serves student populations similar to those the proposed school seeks to serve, from the following categories of students… (iv) limited English proficient of similar language proficiency level as measured by the Massachusetts English Proficiency Assessment examination;
The recruitment and retention plan of charter schools approved under this paragraph shall, in
addition to the requirements under subsections (e) and (f), include, but not limited to: (i) a detailed description of deliberate, specific strategies the charter school shall use to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school shall enroll students, contains a comparable or greater percentage of special education students or students who are limited English proficient
of similar language proficiency as measured by the Massachusetts English Proficiency Assessment examination…
A charter school approved under this section shall supply a mailing in the most prevalent
languages of the district the charter is authorized to serve to a third party mail house and pay for it to be copied and mailed to eligible students. If a school is or shall be located in a district with 10 per cent or more of limited English proficient students, the recruitment strategies shall include a variety of outreach efforts in the most prevalent languages of the district.
(m) Charter schools shall be open to all students, on a space available basis, and shall not
discriminate on the basis of …English language
(kk) …
. The commissioner shall also collect data on the number of students enrolled in each charter school … requiring English language learners programs under chapter 71A.
SECTION 8. Said chapter 71 is hereby further amended by adding the following section:
Section 92. (a) the innovation plan shall be based on student outcome data, including, …(iv) achievement data for different subgroups of students, including …. limited English proficient
students …
(j)
the innovation plan shall include measurable annual goals including, but not limited to,
…(vi) progress among subgroups of students, including …limited English proficient
students
(p) The commissioner of elementary and secondary education shall, to the extent practicable, be responsible for the following: …(iv) the collection and publication of data and research related to successful programs serving limited English proficient students attending Innovation Schools;