> OCR Case Number 01-10-5001: On March 23, 2010, the U.S. Department of Education Office  for Civil Rights (OCR) initiated a joint investigation with the U.S. Department  of Justice Civil Rights Division (DOJ), into the Boston Public Schools’ (District)  compliance with its obligation to take appropriate action to provide language  support services to its English Language Learner (ELL) students.  At the  time we initiated our review, based on documents generated by the Massachusetts  Department of Elementary and Secondary Education (MADESE) and documentation  generated by the District for MADESE’s review, we determined that the District  had not taken sufficient action to ensure that all of its eligible ELL students  receive adequate language support services.  During spring 2010, in order  to obtain further detailed information on the concerns identified in the MADESE  documents, OCR and DOJ conducted their own school site visits, meetings with  District staff, and documentation review, identifying specific actions necessary  to ensure ELL students receive adequate language support services. Specifically,  we found that the District had violated Title VI (and the Equal Educational  Opportunities Act enforced by the DOJ) by failing to: (1) conduct appropriate  English language proficiency assessments for 7,000 students who were previously  tested in only two language domains (listening and speaking) but not in reading  and writing; (2) serve the language needs of students inappropriately designated  as “opt outs;” and (3) provide adequate staffing for ELL programs to students  district-wide, including the approximately 8,300 students who had previously  been inadequately tested or deemed to have opted out of language support services.  Through  extensive negotiations, OCR, DOJ and the District entered into an agreement  to remedy the compliance concerns on September 30, 2010.  As part of the  settlement, the District has agreed to provide all ELL students with Sheltered  English Immersion in their core content classes, such as math, social studies  and science; deliver English as a Second Language instruction to all ELL students  consistent with state guidance; train and hire a sufficient number of teachers  to meet the needs of its ELL population; ensure that special education ELL  students are properly assessed and served in light of their unique needs; monitor  the academic performance of current and former ELL students; offer compensatory  services to the ELL students who were recently identified and formerly misidentified  as “opt outs;” and give the parents of those students the information they  need to make informed decisions regarding the ELL services their children receive.  When  fully implemented, the agreement will resolve the three compliance concerns  identified above.  This agreement also acknowledges that OCR and DOJ will  immediately begin monitoring the implementation of the agreement, while continuing  its comprehensive review of the District’s broader compliance with Title VI  and the EEOA.  In this comprehensive review, we are examining, among other  things, whether the District has developed a language program that is based  on a sound educational theory or a legitimate experimental strategy; whether  the District has adopted programs and practices reasonably calculated to implement  its program effectively; whether the District has evaluated the effectiveness  of its ELL program; whether the District has appropriate procedures for identifying  and assessing ELL students who may require a language program; and whether  notices about school activities are provided to parents or guardians in a language  they can understand.  OCR and DOJ are continuing their investigation through  further school site visits, meetings with District staff, and review of current  documentation. ***Read the Compliance Agreement***PDF (149K)

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