English as a Second Language (ESL)

Federal and state law requires proper identification and annual language proficiency assessment of students whose first language is not English, or who struggle to complete ordinary classroom work in English (G.L. c. 71A; Title III of the No Child Left Behind Act – NCLB). The law also requires that students identified as ELs (also referred to as “students with limited English proficiency,” or “LEP students” in federal laws and guidance, and “English learner” in state law) are provided with opportunities to receive instruction that is appropriate for their individual language proficiency level, allows them to develop English language proficiency, and affords them equal access to rigorous content area instruction and academic achievement alongside their native English speaking peers. In Massachusetts, this means that, with limited exceptions, districts are required to provide ELs Sheltered English Immersion (SEI) instruction until they are proficient in English. SEI consists of both sheltered content area instruction and English as a Second Language (ESL) instruction. Once proficient in English, ELs are to be exited from language programs (G.L. c. 71A § 4) and monitored for a period of two years.  

English Learners are among the most diverse student groups in Massachusetts and across the nation, representing a range of cultural, linguistic, educational, and socioeconomic backgrounds. They bring their school communities a wealth of cultural and linguistic assets, as well as additional cognitive, social, emotional, political, and economic potential.

On November 22, 2017, Governor Baker signed into law the “Act Relative to Language Opportunity for Our Kids,” Chapter 138 of the Acts of 2017, commonly referred to as the LOOK Act, which amended certain sections of G.L. c. 69, 70 and 71A. The law aims to provide districts with more flexibility in determining the design and implementation of English Learner Education (ELE) programs to meet the needs of ELs, while maintaining accountability for timely and effective English language acquisition. In view of recent changes in the law under the LOOK Act, the Department of Elementary and Secondary Education (the Department) has issued this updated guidance to assist school district personnel in building and sustaining successful ELE programs that support ELs to learn English, access rigorous academic content, and meet the same challenging expectations for college and career held for all Massachusetts students. 

Education is a basic right of all children in the United States, including students who are ELs. Federal civil rights laws, namely, Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974 (EEOA), require schools to take appropriate steps to address the language barriers that prevent ELs from meaningfully participating in their education. Courts and federal guidance have interpreted these provisions to require districts to provide sufficient language and academic support to enable ELs to become English proficient and meet academic standards in a timely manner. In addition, federal education laws such as the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2016 (ESSA), address specific requirements for supporting ELs.

The Rethinking Equity and Teaching for English Language Learners (RETELL) initiative in place in Massachusetts since 2011, is a multifaceted approach to addressing the needs of ELs. It is designed to provide ELs access to effective instruction and to close proficiency gaps. A key component of RETELL is SEI training for core academic teachers and career vocational technical teachers of ELs and certain administrators who supervise/evaluate such teachers. RETELL also features the use of the World-Class Instructional Design and Assessment (WIDA) English language proficiency standards and assessment framework and ongoing opportunities for educators and administrators to extend their skills and knowledge related to educating ELs.

Schools have a responsibility under federal law to serve students who have limited English proficiency and need English language support in order to successfully master academic content. The Civil Rights Act of 1964, Title VI, Language Minority Compliance Procedures, requires school districts/charter schools to identify limited English proficient students. Abby Kelley Foster Public Charter School uses the Home Language Survey (HLS) to identify limited English proficient students. The purpose of this survey is to determine if a student has a first language other than English or if a language other than English is spoken in the student’s home. The intent of the HLS is not to confirm citizenship status or predetermine ELE services.

The HLS is administered as part of the enrollment process. Parents/guardians who enroll a child at AKFCS are guided through the Home Language Survey process by a member of the ESL Department’s staff. Surveys are available in English and in all the major languages spoken in the district (Spanish, Portuguese, French, Vietnamese, Albanian, Twi and Swahili).

The decision to opt out of the ELE program at Abby Kelley is voluntary and free of influence from AKF staff and/or administration. Parents/Guardians who request to opt their child out of the ELE program will be required to meet with the ESL Director to discuss the services the student would receive in the ELE program, as well as the support the district will provide the student if they choose to proceed with the opt out. 

AKF will use the following protocol if a parent of an EL decides to opt out of the program:

• The district should place the student in an English language mainstream classroom with an SEI-endorsed teacher.
• The district will maintain the parent’s/guardian’s opt out notice for each year in the student’s file.
• Under federal law, districts must provide instructional support to ensure all ELs, including those whose parent(s) has chosen to “opt out” of ELE programs, have access to the curriculum and receive the same opportunities to master the academic standards and curriculum frameworks as their native English speaking peers.
• The district will classify the student as an “EL” on district reports.
• The district will annually assess the students language proficiency with the state mandated English language proficiency test ACCESS for ELLs.
• The district will notify parents/guardians of their child’s participation in the ACCESS for ELLs assessment, as well as assessment results. When the student demonstrates English proficiency through ACCESS for ELLs and schoolwork, AKF will reclassify the student and document the change in the student’s EL classification.

A parent’s/guardian’s choice to opt their child out of Abby Kelley’s ELE program means their child will not receive separate English as a Second Language (ESL) instruction focused on language development, but AKF will provide the necessary support and actively monitor the student’s progress so as to meet the student’s English-language and academic needs. Opt out students may be provided additional literacy and language support through reading specialists qualified to teach ELs and/or an establish structured opportunities for the students’ content area teachers to plan content area instruction in collaboration with a licensed ESL teacher.

Abby Kelley parents/guardians of English learners will receive written notification in their preferred language upon their child entering the ELE program, and again following the release of the annual ACCESS for EL assessment score (within 10-30 days respectively) 

This notification will include:

• The reasons for the identification of their child as an EL and the need for the child’s placement in an ELE program.
• The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement.
• The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction.
• How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child.
• How the program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation.
• The specific exit requirements for the district’s ELE program, including the expected rate of transition from such program into mainstream classrooms, and the expected rate of graduation from high school (including the four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for students in such a program) if funds are used for children in high schools.
• In the case of a child with a disability, how the district’s ELE program meets the objectives of the individualized education program of the child.
• Information pertaining to parental/guardian rights that includes written guidance detailing the right that parents/guardians have to have their child immediately removed from their ELE program upon their request, detailing the options that parents/guardians have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and assisting parents/guardians in selecting among various programs and methods of instruction, if more than one program or method is offered.

If a language other than English is used in the home, AKF is required to assess the child to determine an initial proficiency level in speaking, listening, reading and writing in English. A language proficiency screening test will be given, unless one of these exceptions are indicated according to the students previous school records:

• The student was previously classified as ELs and were then reclassified as FELs in their former districts.
• The student transferred from another district within Massachusetts or another WIDA state and did not qualify as an EL on the English proficiency screening test administered in their former districts
• The student transferred from another district within Massachusetts or another WIDA state with ACCESS results from the last calendar year.

To screen students in grades 1-12, AKF will use the WIDA screening assessments, including WIDA Screener online and paper forms. To screen students in kindergarten, AKF will use the Kindergarten W-APT or MODEL for initial identification. All testing will be completed according to the Department of Education’s guidelines; 30 days after the start of school, or 10 days post-enrollment if the student enrolls at a later date. 

Abby Kelley parents of English learners will receive written notification in their preferred language upon their child entering the ELE program, and again following the release of the annual ACCESS for EL assessment score (within 10-30 days respectively) 

This notification will include:

• The reasons for the identification of their child as an EL and the need for the child’s placement in an ELE program.
• The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement.
• The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction.
• How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child.
• How the program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation.
• The specific exit requirements for the district’s ELE program, including the expected rate of transition from such program into mainstream classrooms, and the expected rate of graduation from high school (including the four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for students in such a program) if funds are used for children in high schools.
• In the case of a child with a disability, how the district’s ELE program meets the objectives of the individualized education program of the child.
• Information pertaining to parental rights that includes written guidance detailing the right that parents have to have their child immediately removed from their ELE program upon their request, detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered.

Abby Kelley Foster Charter Public School provides all parents/guardians of limited English proficiency the opportunity to have documents translated and/or meetings interpreted into their native language by request. 

When a child enrolls at Abby Kelley Foster Charter Public School, parents/guardians are provided with a home language survey that indicates native language and includes the option to formally request translated documents.  Translated home language surveys are also available during the enrollment process. The home language survey is administered by one of the school’s ESL teachers, including the ESL Director. Although the home language survey is the primary source for the indication of translation preference, parents can be added to the translation list at any point in the school year, upon request. Additionally, parents can be removed from the translation list pending written notification by the parent to the ESL Director. 

Per State and Federal guidelines, schools must communicate information to limited English proficient parents in a language they can understand about any program, service, or activity that is called to the attention of parents who are proficient in English. 

This includes, but is not limited to, information related to: 

• registration and enrollment in school and school programs
• grievance procedures and notices of nondiscrimination
• language assistance programs
• parent handbooks 
• report cards  
• gifted and talented programs  
• student discipline policies and procedures  
• magnet and charter schools 
• special education and related services, and meetings to discuss special education  
• parent-teacher conferences 
• requests for parent permission for student participation in school activities