(1) Each school district serving 100 or more English learners or in which English learners comprise at least 5% of the student population, whichever is less, shall establish an English learner parent advisory council in accordance with M.G.L. c. 71A, § 6A. Nothing in 603 CMR 14.09 shall prevent any other school district or charter school from creating an English learner parent advisory council if it chooses to do so.

(2) Each school designated as underperforming or chronically underperforming and operating a program for English learners shall establish an English learner parent advisory council in accordance with M.G.L. c. 69, § 1J(x).

(3) A school district or school required to establish an English learner parent advisory council shall annually notify parents and guardians of English learners of the opportunity to participate in the council and shall provide the notification in a language that the parent or guardian can understand. (4) All parents and guardians of English learners who volunteer to participate in the English learner parent advisory council shall be appointed to the council by the superintendent or the superintendent's designee. Nothing in 603 CMR 14.09 shall prevent a school district from recruiting volunteer parents and guardians of English learners to participate in the English learner parent advisory council.

(5) The duties of the English learner parent advisory council shall include those listed in M.G.L. c. 71A, § 6A and any other duties as may be identified by the school district consistent with guidance from the Department. English learner parent advisory councils shall carry out their duties in accordance with state law and guidelines established by the Department. An English learner parent advisory council shall establish bylaws regarding officers and operational procedures. The school district shall, without charge, and upon reasonable notice and consistent with the availability of staff and resources, assist the English learner parent advisory council in carrying out its duties.

Each school district required to provide an English learner program under chapter 71A shall file the following information with the department annually: (a) the type of English learner programs provided; (b) with regard to English learners (i) the number enrolled in each type of English learner program; (ii) the number enrolled in English as a second language who are not enrolled in another English learner program; (iii) the results of basic skills, curriculum assessment, achievement and language proficiency testing, whether administered in English or in the native language; (iv) the absentee, suspension, expulsion, dropout and promotion rates; and (v) the number of years each English learner has been enrolled in an English learner program; (c) the number of students each year who have enrolled in institutions of higher education and were formerly enrolled in an English learner program; (d) the academic progress in regular education of students who have completed an English learner program; (e) for each English learner receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program placement; (f) the number of English learners enrolled in programs of occupational or vocational education; (g) the name, national origin, native language, certificates held, language proficiency, grade levels and subjects taught by each teacher of an English learner program, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors and bilingual school psychologists; (h) the per pupil expenditures for each full time equivalent student enrolled in an English learner program; (i) the sources and amounts of all funds expended on students enrolled in English learner programs, broken down by local, state and federal sources, and whether any such funds expended supplanted, rather than supplemented, the local school district obligation; the participation of parents through parent advisory councils; (j) if there were complaints filed with a federal or state court or administrative agency since the program's inception concerning compliance with federal or state minimum legal requirements, the disposition of the complaint and the monitoring and evaluation of an agreement or court order relative to the complaint; (k) opportunities that the district makes available to English learners for instruction in maintaining or developing proficiency in a student’s native language; (l) a description of the school district’s plan to evaluate the effectiveness of its English learner programs relative to: (i) helping students attain English language proficiency and master academic Standard; (ii) measuring student readiness to join mainstream classrooms; (iii) evaluations and measures provided in addition to department requirements; and (iv) a description of the steps that the school district plans to take to address an identified deficiency; (m) a record of: (i) instances in which a parent or guardian requested to withdraw a student from or refused a student’s participation in an English learner program; and (ii) meetings held with a parent or guardian regarding a student who is not making satisfactory progress toward participating and learning in a mainstream classroom; (n) a description of the training provided by the district to staff who work with culturally and linguistically diverse student populations; and (o) documentation detailing the participation of English learners in the district’s regular and advanced educational programs and extracurricular activities.

(c) The 3-year plan shall be submitted in a form and manner prescribed by the department and shall include, but not be limited to: (i) a description of how funds received pursuant to chapter 70 will be allocated among schools in the district, by foundation category, to be used in support of the plan, including how other local, state, federal and grant-based funding sources will be used in conjunction with chapter 70 funds; provided, however, that the description shall include an explanation of the relationship between the allocation of the funds and the educational needs of English learners and low-income students; (ii) a description of the evidence-based programs, supports and interventions that the school district will implement to address persistent disparities in achievement among student subgroups, including, but not limited to: (A) expanded learning time in the form of a longer school day or school year; (B) increased opportunity for common planning time for teachers; (C) social services to support students’ social-emotional and physical health; (D) hiring school personnel that best support improved student performance; (E) increased or improved professional development; (F) purchase of curriculum materials and equipment that are aligned with the statewide curriculum frameworks; (G) expanding early education and pre-kindergarten programming within the district in consultation or in partnership with community-based organizations; (H) diversifying the educator and administrator workforce; (I) developing additional pathways to strengthen college and career readiness; and (J) any other program determined to be evidence-based by the commissioner; provided, however, that if a district elects not to implement the evidence-based programs described in clauses (A) to (I), inclusive, the district plan shall specify the reasons for electing not to implement said programs including a description of why said programs would not effectively address persistent disparities in achievement among student subgroups; (iii) identification of outcome metrics to be used by the district to measure success in addressing persistent disparities in achievement among student subgroups; provided, however, that the department shall develop standard metrics that may be incorporated in district plans and may include: (A) results from the statewide student assessment including student growth; (B) results from the English proficiency assessment administered to English learners; (C) grade-level completion and attendance data; (D) participation in advanced coursework; and (E) other indicators of district and school climate, diversity and performance; and (iv) a description of how the district will effectuate and measure increased parent engagement, including, but not limited to, specific plans targeted to parents of low-income students, English learners and students with disabilities.

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.