ENGLISH LANGUAGE EDUCATION IN PUBLIC SCHOOLS

M.G.L. pt. Part I, tit. Title XII, ch. c. 71A

in effect

M.G.L. c. 71A, § 1 Findings and declarations

c. 71A, § 1. Findings and declarations Section 1. Findings and Declarations The People of Massachusetts find and declare that: (a) The English language is the common public language of the United States of America and of the Commonwealth of Massachusetts. It is spoken by the vast majority of Massachusetts residents, and is also the leading world language for science, technology, and international business, thereby being the language of economic opportunity; and (b) Immigrant parents are eager to have their children become fluent and literate in English, thereby allowing them to fully participate in the American Dream of economic and social advancement; and (c) The government and the public schools of Massachusetts have a moral obligation and a constitutional duty to provide all of Massachusetts's children, regardless of their ethnicity or national origins, with the skills necessary to become productive members of our society. Of these skills, literacy in the English language is among the most important. (d) The public schools of Massachusetts have done an inadequate job of educating many immigrant children, requiring that they be placed in native language programs whose failure over past decades is demonstrated by the low English literacy levels of those children. (e) Immigrant children can easily acquire full fluency and literacy in a new language, such as English, if they are taught that language in the classroom as soon as they enter school. (f) Therefore it is resolved that: all children in Massachusetts public schools shall be taught English as rapidly and effectively as possible.

M.G.L. c. 71A, § 2 Definitions

c. 71A, § 2. Definitions Section 2. Definitions As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: ''Commissioner'', the commissioner of elementary and secondary education. ''Department'', the department of elementary and secondary education. ''District'', the school department of a city or town or regional school district, including charter schools. ''Dual language education'' or ''2–way immersion'', a program designed to promote bilingualism and biliteracy, cross-cultural competency and high levels of academic achievement for both native English speakers and English learners from a single language background; provided, however, that students shall develop and maintain their first language while adding a second language and shall receive the same core curriculum as all students in the state; provided further, that the instruction for such students shall be provided in 2 languages throughout the program; and provided further, that ''2–way immersion'' programs may begin in the early grades, including pre-kindergarten and kindergarten, and may continue through the secondary level. ''English as a second language'', instruction designed to help students become proficient in English and learn content simultaneously by providing systematic, explicit and sustained language instruction to develop the high level of English language proficiency needed for academic achievement; provided, that ''English as a second language'' instruction may focus on academic language and developing the ability of a student to listen, speak, read and write in English across a variety of social and academic contexts, to promote language development and support content area learning of the English learner in grade-level academic classrooms. ''English language classroom'' means a classroom in which the language of instruction used by the teaching personnel is overwhelmingly the English language, and in which such teaching personnel are fluent and literate in English. English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms. ''English language mainstream classroom'' means a standard classroom, one in which the students either are native English language speakers or already have acquired reasonable fluency in English. ''English learner'', a student 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. ''Foreign language'', a language other than English. ''Language acquisition program'', an instructional program for English learners that includes English language instruction as a component to achieve fluency. ''Sheltered English immersion'' means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. Books and instruction materials are in English and all reading, writing, and subject matter are taught in English. Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English. This educational methodology represents the standard definition of ''sheltered English'' or ''structured English'' found in educational literature. ''Transitional bilingual education'', a program designed to allow English learners to achieve long-term academic success through English-medium instruction in general education classrooms; provided, however, that the native language of the English learner is used to support the student's development of English and content learning and is then gradually phased out of instruction as a student's English proficiency increases; and provided further, that ''transitional bilingual education'' may be initiated at any level, including middle and high school, but shall not be intended as a method of instruction for a student's entire academic career.

M.G.L. c. 71A, § 3 Census

c. 71A, § 3. Census Section 3. Census School districts shall annually ascertain, under regulations prescribed by the department, the number of English learners within their school system in grades pre-kindergarten through twelve, and shall classify them according to grade level, the language of which they possess a primary speaking ability, and the English learner program type in which they are enrolled, with all such information being made publicly available by school and school district on on the district's website in machine readable format, to the extent feasible. School districts shall also track the academic performance of students who have exited an English learner program to assess the academic achievement of English learners and the effectiveness of English language classroom programming.

M.G.L. c. 71A, § 4 English language education

c. 71A, § 4. English language education Section 4. English language education [ First paragraph effective until August 5, 2025. For text effective August 5, 2025, see below.] All children in Massachusetts public schools who are not proficient in English shall be taught English. Subject to the exceptions in section 12, children who are English learners shall be educated through sheltered English immersion or an alternative instructional program that meets the requirements of federal and state law, during a temporary transition period not normally intended to exceed the timelines established by the department in benchmarks established pursuant to section 11. Alternative instructional programs shall include, but shall not be limited to transitional bilingual education and dual language education. Programs shall be research-based and include subject matter content and an English language acquisition component. Programs shall be based on best practices in the field and the linguistic and educational needs and the demographic characteristics of English learners in the school district. A school district may join with other school districts to provide an English learner program pursuant to this chapter. Local schools shall be permitted but not required to place in the same classroom English learners of different ages but whose degree of English proficiency is similar. Local schools shall be encouraged to mix together in the same classroom English learners from different native-language groups but with the same degree of English fluency. Once English learners acquire English proficiency and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms. Foreign language classes for children who already know English, 2-way bilingual programs for students in kindergarten through grade 12 and special education programs for physically or mentally impaired students shall be unaffected. [ First paragraph as amended by 2025, 14, Sec. 27 effective August 5, 2025. For text effective until August 5, 2025, see above.] All children in Massachusetts public schools who are not proficient in English shall be taught English. Subject to the exceptions in section 12, children who are English learners shall be educated through sheltered English immersion or an alternative instructional program that meets the requirements of federal and state law, during a temporary transition period not normally intended to exceed the timelines established by the department in benchmarks established pursuant to section 11. Alternative instructional programs shall include, but shall not be limited to transitional bilingual education and dual language education. Programs shall be research-based and include subject matter content and an English language acquisition component and shall be designed so that English learners can gain proficiency in English and also acquire grade-level skills, competencies and knowledge consistent with the academic standards required by section 1D of chapter 69. Programs shall be based on best practices in the field and the linguistic and educational needs and the demographic characteristics of English learners in the school district. A school district may join with other school districts to provide an English learner program pursuant to this chapter. Local schools shall be permitted but not required to place in the same classroom English learners of different ages but whose degree of English proficiency is similar. Local schools shall be encouraged to mix together in the same classroom English learners from different native-language groups but with the same degree of English fluency. Once English learners acquire English proficiency and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms. Foreign language classes for children who already know English, 2-way bilingual programs for students in kindergarten through grade 12 and special education programs for physically or mentally impaired students shall be unaffected. A district that intends to offer a new sheltered English immersion or alternative instructional English learner program in the next academic year shall submit, not later than January 1 of the current academic year, to the department and the district's parent advisory council, on a form prescribed by the department, a description of: (i) the new instructional program selected; (ii) how the new sheltered English immersion or alternative instructional program meets the needs of the population to be served; (iii) the number and expected qualifications of the program's educators; and (iv) the number, native language and English proficiency levels of students expected to be enrolled in the program. The district shall also submit such description for any English learner programs it currently operates. If the department finds that a proposed or current program fails to meet the requirements of federal or state law, it shall notify the district in writing within 90 days of receiving the description. The notice shall cite the legal requirements with which the program would not comply and include corrective steps that shall be taken to bring the program into compliance and the district shall have 30 days to adopt such steps. A district shall not commence a program that the department has determined does not meet federal standards or the standards in this chapter, unless the district has implemented the corrective steps laid out by the department; provided, however, that in a district whose existing English learner programming is not found to be in compliance, the proposed program may operate for a period of 1 year, with a corrective action plan established to ensure compliance and may continue to operate after that year if the corrective action plan was implemented. Nothing in this section shall prevent the department from conducting an evaluation of a language acquisition program at any time. The district shall submit to the department a list of the program's educators and their qualifications, as well as the number, native language and English proficiency level of the students enrolled in the new English learner program not later than September 1 of the first year of the program. Thereafter, the program shall be subject to the requirements of this chapter.

M.G.L. c. 71A, § 5 Parental selection of English learner program within district; request for school transfer

c. 71A, § 5. Parental selection of English learner program within district; request for school transfer Section 5. (a) The parent or legal guardian of a student eligible to enroll in an English learner program may select any available English learner program offered by the school district; provided, however, that the program shall be appropriate for the age and grade level of the student; and provided further, that for any program selection that would require a student to transfer to a different school within the district, the transfer request shall be approved by the superintendent, in a form prescribed by the department. A school, under advisement of a teacher or guidance counselor, may request a program transfer for an individual child in writing, with notice of the transfer request provided to the child's parents, in a form prescribed by the department. (b) If a school district or charter school receives requests from the parents or legal guardians of not less than 20 students to implement a specific program to provide language instruction in that school district or charter school, the school district or charter school shall, not later than 90 days after receiving the request, respond and provide: (i) a plan for implementation of the requested program; or (ii) a denial of the request, in writing, including an explanation of the denial. [ Subsection (c) added by 2025, 14, Sec. 28 effective August 5, 2025.] (c) School districts shall not recommend that parents or legal guardians decline all or some services within an English learner program for any reason, including facilitating scheduling of special education services or other scheduling reasons.

M.G.L. c. 71A, § 6 Legal standing and parental enforcement

c. 71A, § 6. Legal standing and parental enforcement Section 6. Legal standing and parental enforcement (a) As set forth in Section 4 of this chapter, all school children are to be provided at their assigned school with an English language public education. The parent or legal guardian of any school child shall have legal standing to sue for enforcement of the provisions of this chapter, and if successful shall be awarded reasonable attorney's fees, costs and compensatory damages. (b) Any school district employee, school committee member or other elected official or administrator who willfully and repeatedly refuses to implement the terms of this chapter may be held personally liable for reasonable attorney's fees, costs and compensatory damages by the child's parents or legal guardian, and shall not be subsequently indemnified for such monetary judgment by any public or private third party. Any individual found so liable shall be barred from election or reelection to any school committee and from employment in any public school district for a period of five years following the entry of final judgment. (c) Parents and legal guardians who apply for and are granted exception waivers under Section 5(b)(3) of this chapter retain full and permanent legal right to sue the individuals who granted such waivers if they subsequently discover before the child reaches the age of eighteen that the application for waivers was induced by fraud or intentional misrepresentation and injured the education of their child.

M.G.L. c. 71A, § 6A English learner parent advisory council

c. 71A, § 6A. English learner parent advisory council Section 6A. A school district or charter school operating a language acquisition program for English learners serving 100 or more English learners or in which English learners comprise at least 5 per cent of the district's or charter school's student population, whichever is less, shall establish an English learner parent advisory council; provided, however, that any other school district or charter school may establish a parent advisory council pursuant to this section. The council shall be composed of volunteer parents or legal guardians of students who are or have been identified as English learners and, to the extent feasible, the members of the council shall represent the native languages most commonly spoken by the students of the district or charter school. The duties of the council shall include, but not be limited to: (i) advising the school district, school committee and board of trustees on matters that pertain to English learners; (ii) meeting regularly with school officials to participate in the planning and development of programs designed to improve educational opportunities for English learners; and (iii) participating in the review of school improvement plans under section 59C of chapter 71 and district improvement plans under section 1I of chapter 69 as the plans relate to English learners. Upon request from a parent advisory council, each school committee or school council within that parent advisory council's district shall meet at least annually with the council; provided, however, that if the parent advisory council advises a charter school the board of the charter school shall, upon request from the parent advisory council, meet not less than annually with the council. The council shall establish by-laws regarding officers and operational procedures. In the course of its duties under this section, the council shall receive assistance from the director of language acquisition programs for the school district or charter school or other appropriate school personnel as designated by the superintendent. The department shall promulgate regulations for the implementation of this section including, but not limited to, the process for parents or legal guardians to be notified of English learner parent advisory councils and the process for the appointment of volunteer parents or legal guardians to a council.

M.G.L. c. 71A, § 7 Standardized testing for monitoring education progress

c. 71A, § 7. Standardized testing for monitoring education progress Section 7. Standardized testing for monitoring education programs Each English learner shall participate, consistent with section 1I of chapter 69, in the statewide assessment system. A nationally-normed test of English proficiency shall similarly be administered at least once each year to all Massachusetts schoolchildren in grades Kindergarten and higher who are English learners and enrolled in a public school, including a charter school. Only English learners classified as severely learning disabled may be exempted from these tests. The particular tests to be used shall be selected by the Board of Education, and it is intended that the tests shall usually remain the same from year to year. The national percentile scores of students shall be confidentially provided to individual parents, and the aggregated percentile scores and distributional data for individual schools and school districts shall be made publicly available online in machine readable format, to the extent feasible; the scores for students classified as English learners shall be separately sub- aggregated and made publicly available there as well, with further sub- aggregation based on the English learner program type in which they are enrolled. School enrollment by race, ethnicity, and English learner program type shall also be made publicly available. Results of assessments shall be used as a factor in determining the efficacy of an English learner program offered by a school district but shall not be the sole basis for evaluation of a district, school, English learner program or individual educator. English learners in any program shall be taught to the same academic standards and curriculum frameworks as all students, and shall be provided the same opportunities to master such standards and frameworks as other students. Districts shall regularly assess mastery of academic standards and curriculum frameworks. The district shall send report cards and progress reports including, but not limited to, progress in becoming proficient in using the English language and other school communications to the parents or legal guardians of students in the English learners programs in the same manner and frequency as report cards and progress reports to other students enrolled in the district. The report cards and progress reports shall, to the maximum extent possible, be written in a language understandable to the parents and legal guardians of such students.

M.G.L. c. 71A, § 7A On-site evaluations of English learners

c. 71A, § 7A. On-site evaluations of English learners Section 7A. The department shall conduct on-site visits to school districts at least once every 6 years for the purposes of evaluating the effectiveness of programs serving English learners and to validate evidence of educational outcomes. The evaluation shall include, but shall not be limited to: (i) a review of individual student records of English learners; (ii) a review of the programs and services provided to English learners; (iii) a review of the dropout, graduation, discipline and special education incidence rates of the English learner population in the district; (iv) using the best available data, a review of the dropout, graduation, discipline and special education rates of English learners who exited the English learner education program within the 3 school years preceding the on-site visit for that 3–year period; (v) a description of the processes by which school-based teams, consisting of educators, administrators and support staff, monitor the progress of English learners and former English learners; (vi) a review of the amount, frequency and effectiveness of English as a second language instruction; and (vii) a review of the administration and coordination of English learner education programs. The advisory council for bilingual education established under section 1G of chapter 15 shall annually review the results of the department's monitoring of English learner programs in school districts. Nothing in this section shall prevent the department from conducting an evaluation of a language acquisition program at any time.

M.G.L. c. 71A, § 8 Community-based English tutoring

c. 71A, § 8. Community-based English tutoring Section 8. Community-based English tutoring In furtherance of its constitutional and legal obligation to provide all children with an adequate education, the state shall encourage family members and others to provide personal English language tutoring to such children as are English learners, and support these efforts by raising the general level of English language knowledge in the community. Subject to appropriation by the General Court, commencing with the fiscal year in which this initiative is enacted and for each of the nine fiscal years following thereafter, a sum of five million dollars ($5,000,000) per year shall be spent for the purpose of providing funding for free or subsidized programs of adult English language instruction to parents or other members of the community who pledge to provide personal English language tutoring to Massachusetts school children who are English learners. Programs funded pursuant to this section shall be provided through schools or community organizations. Funding for these programs shall be administered by the Department of Education, and shall be disbursed at the discretion of the local school committees in each district, under reasonable guidelines established by, and subject to the review of, the Board of Education.

M.G.L. c. 71A, § 10 Qualifications and endorsement of teachers and administrators assigned to language acquisition program

c. 71A, § 10. Qualifications and endorsement of teachers and administrators assigned to language acquisition program Section 10. Teachers and administrators assigned to a language acquisition program shall be properly qualified under state law for the program type. The department shall establish endorsements for educators who have completed coursework and field-based experience to provide instruction within sheltered English immersion programs, 2–way immersion programs, transitional bilingual programs and other programs that meet the requirements of this chapter. Annually, not later than June 1, the department shall provide each district with a list of all educators who have current endorsements pursuant to this section. Prior to the beginning of each school year, districts, including charter schools shall verify that each of the educators in an English learner program is properly endorsed for that program.

M.G.L. c. 71A, § 11 Benchmarks, guidelines and learning success templates for English learner programs

c. 71A, § 11. Benchmarks, guidelines and learning success templates for English learner programs Section 11. The department shall develop: (i) benchmarks for attaining English proficiency for English learners, (ii) guidelines to assist school districts in the identification of English learners who do not meet benchmarks and (iii) an English learning success template for use by districts to assist English learners who do not meet English proficiency benchmarks. The guidelines shall include: (i) recommendations for school districts to identify and monitor an English learner's progress in English proficiency; (ii) methods for school districts to provide personalized goals for English learners who are not meeting English proficiency benchmarks; (iii) best practices for ensuring that English learners meet English proficiency benchmarks and personalized goals including, but not limited to, methods to incorporate parental input; and (iv) methods for school districts to share best practices in assisting English learners in gaining English proficiency. Upon the department's creation of the success templates and guidelines pursuant to this section, school districts shall adopt procedures to identify English learners who do not meet English proficiency benchmarks and shall establish a process for the district to: (i) identify areas in which identified English learners needs improvement and establish personalized goals for the identified English learners to attain English proficiency; (ii) assess and track the progress of English learners in the identified areas of improvement; (iii) review resources and services available to identified English learners that may assist said learners in the identified areas of improvement; and (iv) incorporate input from the parents or legal guardian of the identified English learner,. The department shall solicit public comment prior to issuing the benchmarks, guidelines and English learning success template. The department shall review the benchmarks, guidelines and English learning success template not less than every 5 years. The review shall include a period of public comment. School districts shall provide a copy of the department guidelines, materials describing the benchmarks and the English learning success template to the parent or guardian of each English learner, in the English learner's primary language, at the beginning of each school year or upon enrollment of the child in an English learner program if the enrollment is not concurrent with the beginning of the school year.

M.G.L. c. 71A, § 12 Duty to inform parents or legal guardians of English learners of their rights

c. 71A, § 12. Duty to inform parents or legal guardians of English learners of their rights Section 12. School districts shall, at least annually, inform the parents or legal guardians of English learners of their rights to: (i) choose a language acquisition program among those offered by the school district under section 4; (ii) request a new language acquisition program under said section 4; or (iii) withdraw a student from a language acquisition program. Notice shall be sent by mail not later than 10 days after the enrollment of the student in the school district. The notice shall, to the extent possible: (A) be in a language that is understandable to the parents or legal guardians; (B) contain a simple, easy to understand description of the purpose, method and content of the available programs; (C) inform the parent or legal guardian of the right to visit an English learner program in the school district; and (D) inform the parent or legal guardian of available conferences or meetings to learn about the English learner programs offered in the school district. If the school district recommends placing an English learner in an English learner program, the parent or legal guardian of the student shall have the right, at the time of the original notification under this section or at the close of a marking period, to withdraw the student from a program by sending written notice of the decision by mail or electronic communication to the school authority designated by the school district in which the student is enrolled; provided, however, that written confirmation of the withdrawal shall be provided annually to the school by the parent or legal guardian and such confirmation shall be retained in the student's cumulative folder; and provided further, that the student shall retain the right to enter into an English learner program at any time.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71AFetched: 10/20/2026