District/School Administration PK-16 Program Support
English Language Learners

English Language Proficiency Requirements for Teachers under Question 2:
English Language Education in Public Schools

Literacy and Fluency Requirements

General Laws c. 71A, as amended by Chapter 386 of the Acts of 2002, is the new Massachusetts law governing the education of limited English proficient students. Known as "Question 2," it becomes effective at the start of the 2003-2004 school year. Section 2 of Question 2 requires teachers in English language classrooms to be "fluent and literate in English." Under Question 2, English language classrooms encompass both sheltered English immersion classrooms and English language mainstream classrooms. Teachers in classrooms other than English language classrooms (e.g., bilingual education and foreign language classrooms) do not need to meet the English literacy and fluency requirements of Section 2 of Question 2.

As was noted in the Department's March 6, 2003 memorandum on this topic, district superintendents and charter school leaders are required to sign an assurance that all teachers in English language classrooms are literate and fluent in English, beginning with the 2003-2004 school year.

1. Literacy in English. Teachers who possess a Massachusetts teaching license or vocational approval fulfill Question 2's requirement for literacy in English. Any teacher who does not hold a Massachusetts teaching license but who has received a Bachelor's degree from a college or university where the language of instruction was English fulfills Question 2's requirement for literacy in English. Teachers who have taken and passed the Massachusetts Communication and Literacy Test fulfill Question 2's requirement for literacy in English.

2. Fluency in English. Fluency is defined as having oral proficiency in English that consists of comprehension and production. Production is defined as accurate and efficient oral communication using appropriate pronunciation, intonation, grammar, and vocabulary in an interactive professional context. The following section discusses how district officials should make the fluency determination.

Demonstration of Fluency in English for Purposes of Question 2: Procedures

Methods for Determining Fluency
Determining teaching staff's fluency in English should be made through one or more of the following methods:

• classroom observation and assessment by the teacher's supervisor, principal, and/or superintendent or charter school leader; and/or
• an interview and assessment by the teacher's supervisor, principal, and/or superintendent or charter school leader; and/or
• the teacher's demonstration of fluency in English through a test accepted by the Commissioner of Education; and/or
• another method determined by the superintendent or charter school leader and accepted by the Commissioner. (If the district has another valid and reliable assessment it wishes to use, please contact Kathryn Riley (kriley@doe.mass.edu, 781-338-3522) to discuss this option.)

Test Options
Recognizing that superintendents and charter school leaders will need to make the fluency determination by this spring for teacher contract renewal purposes, the Department has researched different testing programs. A test is needed only in cases where the teacher's English fluency is not apparent through classroom observation and assessment or interview and assessment. The Department is recommending use of the American Council on the Teaching of Foreign Languages (ACTFL) Oral Proficiency Interview (OPI) assessment instrument made available through Language Testing International (LTI). The Department recommends this instrument because:

• it is a valid and reliable criterion-referenced test;
• it is convenient for educators throughout the state since the assessment can be done over the telephone as well as face-to-face; and
• it can provide assessment results in a timely manner (4 weeks).

The OPI assesses oral language proficiency in terms of the speaker's ability to use the language effectively and appropriately in real-life situations (see Attachment A for descriptors of speaking levels). The test content is adapted to the candidate's professional and academic experiences. The test lasts 20 - 30 minutes. The basic cost of the ACTFL Oral Proficiency Interview assessment is $129 per person. See Attachment B for OPI information for the candidate.

Since the Department anticipates that the number of individuals needing to take the OPI assessment will be relatively low, it will be able to reimburse districts and charter schools for a reasonable number of assessments at the $129 per person rate as follows:

• Districts/charter schools with federal Title III grants may use a portion of the grant funds to pay for the OPI assessment.
• If a district or a charter school does not have a Title III grant or believes that it does not have adequate funding from its Title III grant to cover the costs of the initial testing, please contact Carole Thomson (cthomson@doe.mass.edu, 781-338-6201) to discuss options for reimbursement of costs.

Next Steps
At this time, the Department recommends that superintendents and charter school leaders do the following for teachers scheduled to teach in English language classrooms in 2003-2004:

1. Review the descriptors for the ten speaking levels in Attachment A. There are ten (10) speaking levels for the Oral Proficiency Interview test. The Massachusetts Department of Elementary and Secondary Education has determined that levels 1 (Superior), 2 (Advanced High), and 3 (Advanced Mid) are acceptable levels for teachers in Massachusetts English language classrooms. Descriptors for all ten levels are provided in Attachment A as guides for district officials to use when deciding if a teacher meets or does not meet the oral proficiency requirement of Question 2. It is recommended that the school officials who will be making the fluency determinations review and discuss the descriptors together to ensure consistent application.

2. Determine teaching staff's fluency in English through one or more of the following methods:
   1. classroom observation and assessment by the teacher's supervisor, principal, and/or superintendent or charter school leader; and/or
   2. an interview and assessment by the teacher's supervisor, principal, and/or superintendent or charter school leader; and/or
   3. the teacher's demonstration of fluency in English through a test accepted by the Commissioner of Education; and/or
   4. another method determined by the superintendent or charter school leader and accepted by the Commissioner. (If the district has another valid and reliable assessment it wishes to use, please contact Kathryn Riley (kriley@doe.mass.edu, 781-338-3522) to discuss this option.)
   
   

3. For those teachers whose fluency or lack thereof cannot be determined through the district's screening process and who are asked or who request to participate in the OPI assessment, review the instructions in Attachment C, complete the Request Form, and fax it directly to LTI (fax 914-948-0794). Only those teachers for whom it is not possible to decide that they reach, at a minimum, the Advanced-Mid level should be referred for the OPI assessment. If it is clear that a teacher would be classified in levels 4-10 (Advanced Low through Novice Low), then that teacher should not be referred for assessment and should not be assigned to an English language classroom. However, if the teacher disagrees with the determination that he/she is not fluent, the teacher should be allowed to take the test.

   The OPI assessment can be scheduled in 3 to 4 days from registration and, under the standard fee, districts will receive results in about 4 weeks. An express service with a 2 week turnaround time is available at an additional cost of $50/assessment to the district. The Department will not reimburse this cost. Contact LTI for additional information.

4. As needed, consult with the district's legal counsel about collective bargaining and employment issues that may be affected by Question 2.

Should you have questions or wish further information, please contact Kathryn Riley (kriley@doe.mass.edu) or Carole Thomson (cthomson@doe.mass.edu).

Attachment A
Attachment B OPI: Information for the Candidate
Attachment C: Instructions and Request Form