This bill amends Chapter 16-24 of the General Laws concerning "Children With Disabilities" by introducing new procedural safeguards specifically for English as a second language (ESL) learners and English language learners (ELL) during the Individualized Education Program (IEP) process. Key provisions include the requirement for school committees, districts, and IEP teams to consider a child's English language proficiency during evaluations, ensuring that assessments and evaluation materials are provided and administered in the child's primary language and in a form most likely to yield accurate information on the child's academic, developmental, and functional abilities. The IEP team must include a participant knowledgeable about the student's language needs and individuals with training in second language acquisition to differentiate between limited English proficiency and disabilities.
The bill mandates that IEPs for English learners who are also identified as having disabilities must address both their English language and special education needs. Additionally, it prohibits school districts from recommending that parents decline all or some services within an English learner program for any reason, including scheduling of special education services. The Department of Elementary and Secondary Education is required to ensure meaningful communication between school personnel and parents or legal guardians of all students receiving educational services, ensuring that interpreters and translators are bilingual, knowledgeable in specialized terms, and trained in the ethics of interpreting and translating. The department is also tasked with promulgating rules and regulations to implement these provisions, including addressing any academic deficits resulting from a focus on English language acquisition within a reasonable timeframe. The act will take effect upon passage.