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Education Laws and Regulations

603 CMR 14.00:

Education of English Learners Regulations

Section:

  • 14.01: Scope and Purpose
  • 14.02: Identification and Assessment of Students
  • 14.03: Census
  • 14.04: Placement of Students in English Learner Education Programs
  • 14.05: English Literacy and Fluency Requirements for Teachers of English Language Classrooms
  • 14.06: Parental Right of Enforcement
  • 14.07: Assignment of English Learners to Teachers in School Districts
  • 14.08: Career Vocational Technical Teachers and Administrators
  • 14.09: English Learner Parent Advisory Councils
  • View All Sections

Most recently amended by the Board of Elementary and Secondary Education: June 26, 2018


14.04: Placement of Students in English Learner Education Programs

(1) Each school district shall provide a student who is an English learner with an appropriate English learner education through a sheltered English immersion program or an alternative instructional program that meets the requirements of federal and state law.

(2) All English learner education programs must be research-based and include subject matter content and an English language acquisition component. Both sheltered English immersion and alternative instructional programs shall be based on best practices in the field and the linguistic and educational needs and demographic characteristics of English learners in the school district.

(3) Each school district shall commence language assistance services upon a student's identification as an English learner.

(4) By January 1st, each school district that intends to offer a new sheltered English immersion program or alternative instructional program in the next academic year shall submit to the Department and the school district's English learner parent advisory council a description of:

  1. (a) the new instructional program selected, its objectives, and research basis as it relates to the student population to be served;

  2. (b) how the new program will meet the needs of the student population to be served as compared to any existing program;

  3. (c) the resources the district intends to dedicate to effective implementation and ongoing operation of the new program, including the number and expected qualifications of the program's educators;

  4. (d) the student population to be served, including the number of students, their grade level, native language, and English proficiency levels;

  5. (e) any current English learner program(s), including data concerning its impact on student learning and English language acquisition;

  6. (f) how the school district intends to measure and evaluate program success over time; and

  7. (g) any other information requested by the Department.

(5) The Department shall review the information submitted by the school district pursuant to 603 CMR 14.04(4). If the Department finds that a current or proposed English learner education program fails to meet the requirements of federal or state law, it shall notify the school district in writing within 90 days of receiving the information submitted pursuant to 603 CMR 14.04(4). The notice shall cite the requirements with which the program would not comply and include corrective steps that the school district shall take to bring the program into compliance. The school district shall have 30 days to submit a revised proposal that incorporates such corrective steps. The Department shall review the revised proposal to determine if the school district has incorporated the corrective steps identified by the Department, and shall notify the school district in writing if it may commence a proposed English learner education program with or without conditions. A school district that was required to take corrective steps shall not commence a proposed English learner education program unless it has received written notification from the Department that it may do so.

(6) A request by a student's parent or guardian to enroll the student in or transfer the student into a specific English learner education program offered by the school district shall be reviewed by the superintendent or the superintendent's designee. The school district shall respond to such requests in no more than 20 school days after receipt of the request.

(7) A parent or guardian of an English learner may withdraw the student from an English learner education program in accordance with state and federal law.

Regulatory Authority:
M.G.L. c. 69, § 1B; c. 69, §§ 1J and 1K, as amended by St. 2010, c. 12, § 3; c. 71, § 38G; c. 71A, as amended by St. 2017, c. 138.


Disclaimer:
For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.

Last Updated: July 23, 2018

 
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