Guidance for English Language Learners

English Language Learners have an additional layer of complexity for school placement, accommodations, and communications needs. Language communication is a considered a “special factor” and should be incorporated into your child’s IEP.

Lesson 1: BPS does not have any existing policy for this sub-group of students. However, the BPS ELL-SWD Task Force Subcommittee has created some recommendations and tips that are relevant for parents. Access the full recommendations document by clicking here.

• Teacher Language Match: request a teacher who speaks your child’s native language

• IEP Goals: Include English language learning goals in this section of the IEP

• Interpreter: May be provided upon request. Make sure that they are QUALIFIED to translate special education and policy (ask how they are vetted and what certification they have)

• Translated Materials: Send written communication to the school requesting translation of the IEP and any materials 48 Hours IN ADVANCE of the IEP meeting (FCSN Language Access Guidance)

• Requesting Appropriate Language Programs:

  • Parents may select ANY English Language Learner program offered by the district, so long as it is appropriate for age and grade level.

  • If this requires a transfer to a new school, it shall be approved by the Superintendent. (MA General Law Chapter 71A, Section 5(a))

  • Strength in Numbers: If there are 20 or more requests to implement a specific program to provide language instruction, a district has 90 days to respond and either a) provide a plan for implementation, or b) denial of request with an explanation. (MA General Law Chapter 71A, Section 5(b))

Lesson 2: Federal regulations exist to protect the rights for services for English Language Learners. Below are key highlights of federal regulations to be aware of as a parent.

• Least Restrictive Environment (LRE) must consider harmful effect on child or on the quality of services needed. § 300.116(e). EX: if the child's IEP states that the student needs language match with a teacher, then this must be a key factor in school placement.

• IEP Goals and Accommodations: The IEP Team must consider the language needs of the student as it relates to the IEP § 300.324(a)(2)(ii) and communications needs. EX: direct communication with professional personnel and opportunities for direct instruction in the child's language § 300.324(a)(2)(iv))

• IEP Reviews: must be at least annually. § 300.324(b)(1). The IEP Team must consider special factors (e.g. language communication) as part of the review. § 300.324(b)(2)

• Prior Notice: The school must provide notice to the parent in a reasonable time BEFORE a meeting or other notification (e.g. refusal to evaluate). § 300.503(a).

  Native Language: must be provided to the parent written in the native language or other mode of communication if written is not appropriate. § 300.503(c)