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Current Law (Chapter 71A) |
Cabral’s Bill |
Unz’s Ballot Question |
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Defines "Children of limited English-speaking ability" (CLESA) as children who are either born in another country or children of non-English speaking parents and who are unable to perform ordinary classwork in English.
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Definitions Does not alter definition |
Defines "English learner" as a child who does not speak English or whose native language is not English, and who is not currently able to perform ordinary classroom work in English. |
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Requires school districts to offer a program in transitional bilingual education when there are 20 or more CLESA students in any one language group in the district
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Establishment of Program Requires school districts to offer a program in transitional bilingual education when there are 20 or more LEP children in any one language in the district. Requires districts to submit a district plan to the DOE if they wish to establish an alternative bilingual education program in addition to the TBE program, and specifies 3 approvable models that must conduct 30% of school day in child’s native language.
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Requires school districts to offer LEP students a sheltered English immersion program during a temporary transition period not normally to exceed one year. |
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Establishes process for certification that pre-dates and differs from Education Reform. Requires teachers of transitional bilingual education to demonstrate communicative skills in English. Provides for exemptions.
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Requires teachers of transitional bilingual education to demonstrate communicative skills in English. Requires school districts to submit a professional development plan annually that outlines plans to help bilingual and ESL teachers. |
Requires bilingual education teachers to demonstrate proficiency in written and oral English.
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Requires annual English language tests for CLESA students in bilingual programs. |
Requires annual English language assessment of LEP students and assessment that will measure whether an LEP student enrolled in a bilingual program has satisfied academic standards and curriculum frameworks. If LEP student does not meet standards, schools must develop English learning success plan for content areas and English language. Requires DOE to establish English proficiency assessment, to determine LEP students’ readiness to participate in MCAS. LEP students can take alternative to MCAS if they have been in the US for less than 7 years.
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Requires that a standardized written test of academic subject matter given in English shall be administered at least once each year to all Massachusetts schoolchildren in grades 2 and higher who are English learners. |
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Requires CLESA student to remain in TBE program for three years or until he achieves a level of English language skills- as determined by annual assessments-which will enable him to perform successfully in English-only classes, whichever occurs first. Allows a student to remain in TBE program longer than 3 years at the discretion of the district, with parental approval. |
Allow students to remain in bilingual education programs up to 3 years. If the student does not meet exit criteria within 3 years, the school must develop intensive English Language Success Plan for the student for no more than one year. At the discretion of the school district, a student with an English Language Success Plan may also receive bilingual education during that year. These limits do not apply to students in two-way or modified bilingual-world language programs who can remain in such programs for longer than the prescribed time limits, provided, they achieve English proficiency during the prescribed time limits.
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LEP students enrolled in sheltered English immersion are to be mainstreamed after a period not normally to exceed one year. |
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Allows parents to remove child from TBE program, either at the time of notification of enrollment or thereafter, with written notice. |
Does not alter the current standard of "absolute right" of parents to make educational choices for their LEP child. In a district where a school offers bilingual program other than TBE, parents have a right to have their child in TBE. Requires that schools send progress reports to parents in their native language. Codifies parent advisory councils, which each school district with a bilingual program must establish under current regulations. |
Requires parents to seek a waiver if they want their child to participate in a bilingual education program; if the student’s school does not offer such a program, student can transfer to a public school that does. Circumstances in which a parental exception waiver may be applied for under this section include:
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Allow school committees to establish pre-school and summer TBE programs. |
Does not alter school committee’s right to establish pre-school and summer TBE programs. English Learning Success Plan may require a LEP student to attend after or before school program or summer school. |
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Counts only TBE students in calculation of foundation budget. |
Any student, whether English-speaking or limited English proficient, enrolled in a bilingual education program will be considered a LEP student for the purpose of reimbursement to the school district by the Commonwealth. |
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The law allows use of the home or native language to teach English and subject matter tested by the MCAS. |
Same as current law for TBE programs. For other programs, it establishes a benchmark of at least 30% of the school day in which the native language is used to teach LEP students English and subject matters tested by the MCAS . |
English Only. |
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Allows school districts to offer verity of bilingual education programs, e.g., two-way bilingual education program, with parental approval.. |
Codifies the flexibility allowed under the current law and brings all bilingual education programs under the umbrella of the Education Reform Act of 1993. Programs, in addition to TBE, are:
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