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                    <text>This index lists the additional research materials found in the “Equal Education in Lowell Research Files, 1970-1990"
collection. These items cannot be included in the digital collection due to copyright restrictions. To access these items,
please contact the Center for Lowell History.

Title
Struggle Against Prejudice
Racism marring new life for Revere Cambodians
Tattered Dreams: In America, some Asians find
bigotry and violence
New influc of Cambodians having impact on
Garfield
Bun Vong Muder

Author(s)

Date
1983-09-07
1983-09-26
1986-03-31

Publisher
Revere Reporter
Daily Evening Item
Boston Globe

1986-04-14

Daily Evening Item

WGBH

1986-06-19

Wong, Doris Sue

1987-01-11

Ten O’Clock News Collection
in the Boston TV Digital
Library
Boston Globe

300 march in Revere against violence toward
Cambodians
Vandy Phorng... accidental drowning
Drowning victim’s brother: ‘In the war, he never died.
Why he come here and die?’
Police: drowning the result of an ‘out of control’
scuffle
Desegregation in Lowell (video)

Cook, Patrick

1987-09-19
1987-09-23

Lowell Sun
Lowell Sun

Cook, Patrick

1987-09-24

Lowell Sun

WGBH

1987-10-23

Killing and School Plan Stir Tensions in Lowell
Voluntary desegregation in Lowell (video)

WGBH

1987-10-25
1987-10-26

US probes race-bias allegations in Lowell

Curwood, Steve

1988-01-15

Ten O’Clock News Collection
in the Boston TV Digital
Library
New York Times
Ten O’Clock News Collection
in the Boston TV Digital
Library
Boston Globe

Liscio, David
Witcher, Gregory

�TV special on violence against Asian-Americans
EDUCATION; Broad Bilingual Aid Plan Settles
Segregation Suit
Legal Settlement in Bilingual Case Hailed as Model
Lowell bank reaches out to the Asian community
Southeast Asian Parent Empowerment: The
Challenge of Changing Demographics in Lowell,
Massachusetts
What Happens When English Only Comes to Town?
A Case Study of Lowell, Massachusetts

Diesenhouse, Susan

1988-03-04
1988-12-14

Lowell Sun
New York Times

Gold, Deborah L.
Rawson, Bob
Kiang, Peter Nien-chu

1989-01-11
1989-07-10
1990

Education Week
Boston Business Journal
Massachusetts Association
for Bilingual Education

Perez-Bustillo, Camilo

1992

When Know-Nothings Speak English Only

Kiang, Peter Nien-chu

1994

Lowell neighborhood groups awarded $45G state
grants
K-12 Education and Asian American Youth
Development
A dream comes true on Middlesex Street
Electoral Politics and the Contexts of
Empowerment, Displacement, and Diaspora for
Boston’s Vietnamese and Cambodian American
Communities
Transnational Dimensions of Community
Empowerment
George Kouloheras, longtime leader for Lowell
schools, dies at 97
‘I said to myself, “Enough is enough!”: How a new
Lowell city councilor began fighting anti-Asian
harassment in the 80s

Scott, Christopher

1999-09-08

Language Loyalties:
A Source Book on the Official
English Controversy (book)
The State of Asian America
(book)
Lowell Sun

Kiang, Peter Nien-chu

2002

Ward, Peter
Kiang, Peter Nien-chu
Tang, Shirley Suet-ling

2002-05-10
2004 circa

Kiang, Peter Nien-chu
Tang, Shirley Suet-ling
Mills, Robert
Peterson, Lauren
Andrade, Kevin G.

2009

Asian American Policy
Review
Lowell Sun
Asian American Policy
Review

2011-01-24

The Transnational Politics of
Asian Americans (book)
Lowell Sun

2022-01-30

Boston Globe Magazine

�Racial Segregation in Massachusetts Schools:
Annual Report of the Racial Imbalance Advisory
Council (RIAC)
Council affirms desegregated schools
70 years ago, school integration was a dream many
believed could actually happen. It hasn’t.
‘It’s heartbreaking’: 225,000 Mass. students attend
substandard segregated schools, new report finds
The new reality of racial segregation in Mass.
schools

2024

Racial Imbalance Advisory
Council

Gilbert, Melanie
Ma, Annie

2024-04-25
2024-05-15

Lowell Sun
Boston Globe

Vaznis, James

2024-06-10

Boston Globe

Garcia, Marcela

2024-06-10

Boston Globe

�</text>
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                    <text>UNIVERSITY OF MASSACHUSETTS LOWELL
CENTER FOR ASIAN AMERICAN STUDIES / ASIAN AMERICAN CENTER FOR
EXCELLENCE &amp; ENGAGEMENT
HISTORICAL MEMORY PROJECT
INFORMANT: PAUL RATHA YEM
INTERVIEWER: DARANEE KHOEUN &amp; CHRISNA KHUON
DATE: May 10, 2024
P = PAUL
D = DARANEE
C = CHRISNA

D: Can you briefly introduce yourself.
P: My name again is Paul Ratha Yem, I’m the vice-mayor of the City of Lowell. City councilor,
vice mayor. I came to Massachusetts from California. I was adopted by an American family
living in San Bernardino, California. This was back in 1976, 1977. And then I went to school. On
the weekends, I went to volunteer at Cambodian church in Long Beach, California. There was
this small group of Cambodian families living in Long Beach back in the late 1970s till the
influx of refugees that came in the1980s. In 1980, I was approached by a resettlement agency
called World Relief. They had headquarters in Nyack, New York. They had a direct
representative for the New England area, Roger Leer. He was the associate pastor of a Revere
First Congressional Church and he was the director of the World Relief New England region. His
office was at his home in Malden, and the church was in Revere.
They reached out and they said they needed to have a Cambodian speaking person who would be
the caseworker to help Cambodian refugees in Boston. I knew nothing about Boston. I said okay,
sure. I packed up my car and drove across the country to Boston, Massachusetts without
knowing how cold it is in Massachusetts! Imagine from Long Beach, California. I drove into
Boston in April of 1981. The reason why I remember that is because the Boston Marathon was
running. I drove in and then went to Malden, that’s where the associate pastor lived. I remember
clearly the address 555 Main St. in Malden. I stayed with them for a while before moving to
Revere. At the time, I was just recently married [to] a white Jewish girl living in California. I
worked. My job was to meet refugee families at the Boston Logan Airport.
Back then, we don’t have email or social media like now. When refugees were on the way, the
office World Relief would receive a telex saying that there’s a family—one family, two family,
or five or six, with the list of the names, and then they’d say “will be arriving in Boston on
Eastern airline at 11:33pm.” Normally they would send the telex a week, two weeks, sometimes

1

�a month ahead, because the refugees in the camps, they go through the whole process, and they
get the departure dates, then transfer to the office here in New England.
I moved to Revere on Shirley Ave, not a pretty neighborhood. It’s kind of tough neighborhood,
so not many people wanted to live there. It’s a poor neighborhood, predominantly, white. And
there’s one particular landlord who owned a number of three-deckers rental properties. I reached
out to him and he said sure, I have an apartment. He loves to rent to Cambodian families because
they don’t pose any problems. What happen is that… my job is to, you know, secure the
apartment—two bedrooms and stuff—then next step for me would be shopping for food that
were accustomed to Cambodians. The most important food would be noodles, bag of rice, soy
sauce, fish sauce, and other stuff to keep in refrigerators. The night they would be arriving; I
would just make sure all the foods and everything… Here I am, 11:30pm at Boston Logan
Airport, Eastern Airlines arrival, so I looked up the flight number, went to the gate, and waited
for the refugees. All the passengers left the plane, and then the stewardess came out. She would
come out, and say “Who is here to pick up refugees? Cambodian refugees—refugee family?” I
raised my hand, and she walked me to the back of the airplane. All the family are still sleeping
because the time differences. Then I’d say, “ជំរាបសួរ (hello),” and they’d wake up, and be surprised
to hear a Cambodian family say that in their own language, because they’d been traveling for
two days. They were worried about “where we going to be,” and “do we know anyone who
speak Khmer?” And when they heard that, they were so excited.
Initially, I had a small car, a Ford Fiesta. Four seats, four doors, small car. I would pack all the
families and they have their belongings, so I would take them to their apartment in Revere. So,
my job was to show them “Here’s your apartment. Let me show you how to turn on the stove,”
then turn on the stove, gas stove. “Let me show you how to turn on the shower. This is the
shower, you turn this way, cold and hot water.” Kind of teach them the basics, and then they
would just take off their clothes and put their belongings away. The first thing they do is make
the noodles. They just want noodles. On the airplane, they don’t know how to eat the airplane
food. So, they make the noodles, and they have it. By then, it’s 1 o’clock in the morning already,
so I would say, “Okay, I’ll come back tomorrow at 9 o’clock, because I will take the children to
register for school,” and… uh, before that—well, the first step, I take them to the social security
office in Chelsea back then. I took them, say, family of six—parents and four children. Took
them to the social security office to register them to get the social security number. That’s the
first step. After that, back then, you apply, they give you—issue you a number right away. Then
the next step, I bring them to the welfare office to register them for refugee assistance. A lot of
people do not understand that. When, because the refugee assistance is administered by the office
of the welfare department—so people that resent the presence of Cambodian refugees using that,
and just saying that these people come in on welfare, are a burden to the system. Similar to the
discussion with migrants from Haiti and from Venezuela in Lowell now.
I register them, and they issue you food stamps right away, so they give you a print out—a
check—a food stamp check. I would take the family food shopping with the food stamp voucher.
Back then, there’s not many Asian markets. We just go to regular markets, pick up stuff people
2

�want. You know, they buy chicken, they buy beef, and some of the vegetable they’re used to, and
they have the fish sauce I bought them, ប្បហុក (prahok), and all of that. They just buy meat and
vegetables. They have rice already, and noodles, so… and then that’s the first day. And, I say,
“Okay,” um, bring them to their home, “Tomorrow, I’ll come back again at 9. I will take the
children and register them for school.”
In Revere, back then they have the ESL department, and Mr. Vitrano(?), um, who is Italian.
Large Italian population then. He would take and register and then send, um, [unknown]. Then
after register them, I take the children to the Garfield School. Garfield school’s not… it’s… it’s
nice, it’s… yeah. It’s nice, this school, right. It’s such a small, old school, similar to the schools
here in Lowell. There’s not enough classrooms, so Mr. Waxman, um… Bill Waxman, who’s,
like, a godsend person, loved helping Cambodians, so he made rooms available, to teach
Cambodians, and he reached out to Massachusetts Department of Education for assistance, and
also recruiting some Cambodian families who speak English, that’d be, kind of, professional.
[Unknown] as a translator, work with teachers. So, that’s my job.
P: The third day, I took the parents to… at the time, it’s called “employment connections”, has
an office in Chelsea on Broadway, just as you cross the bridge from Revere, to register them for
ESL class. We would register them, and remember that they don’t have a car, so I’m the only
mode of transportation for them—I was the Uber before even Uber existed! I took the children
from Shirley Ave or Highland Ave, they can walk to school. For the parents, I would pick them
up and drop them off at the ESL class, and the ESL class teach them, and then I will pick them
up after they finish. Usually like morning, and by 1 o’clock, they will be done. They come home,
the kids will be back from school by 2, 2:30, 3 o’clock. And this process continued every day
because, now, we’re talking about 1982. 1981, 1982, now more and more Cambodians start to
come, and my job is increasingly very busy. Meeting—so the same routine repeats itself, over
and over, that’s my job.
So, by 1983, Cambodian families were a presence on Shirley Ave, and it created a problem.
Some of the people there were resentful, resentful that Cambodian families came, they receive
welfare. The resentment expressed itself in name calling, you know, calling “gook” and stuff like
that. And then, the kids that walk from Highland or Shirley Ave were being harassed, pushed off,
name calling, physical assault, pushing, spitting at, every day.
The church in Revere—First Congregational Church, every Sunday we have a service in
Cambodian language. Not all the refugee that came are Christian, but it’s time we come together
and, kind of, you know, feel comfortable as a group to speak the same language in the same
room. So, we listen. Here I am the translator for the pastor. I later became a lay pastor. Just, you
know, talked about what the Bible teach us, so love everyone and all of that stuff. Every Sunday
we get together, and here’s the best part—not everybody are Christians, were Christians at the
time, but they go for just having time together as a group—as a big family. And the best thing to
do after the service, usually like, like 12… 12 or 1 o’clock, we would have lunch together. We
3

�all have lunch, a big, big picnic kind of thing. That fellowship is really needed; it helps
Cambodian families to settle, to feel comfortable.
I’m the only point of contact that people have a problem. I would consistently receive phone
calls. I remember one situation. Cambodian family was… somebody throw a molotov cocktail,
with the gasoline in the bottle, into the home. So, the police were called, the firemen came down.
I was on the phone with my friend from California, we’re talking at like 11:30 at night. I was
talking, so then the operator cut in and say “There is an emergency phone call from the police
department, or fire department.” I say, “okay, I have to hang up,” to my friend. And they say,
“We want you to come down to Shirley Ave to help with translation.”
In Revere, the police department, fire department, the red cross, city hall—they had my home
phone number. I’d get a call in the middle of the night. Police asking me to come down, translate
it. By 1985, the problem, the harassment, the violence against Cambodian families bubbled up to
the surface. It’s really worse by then. I remember a situation that I went to visit this family that I
put on Highland Ave.. I saw this gentleman—it’s a one way street—he was talking to a white
neighbor across the street on the left hand side. Because… that’s not common sight—that you
see a Cambodian talking to a white guy on the street. I knew it’s trouble. And he just bought his
first car, it’s a used car but it’s his new car. He took his wife to the market, and they came back,
and the white man across the street called him over saying that he’s speeding. How can a guy
who just get the license speed, you know, down the hill? He was telling this Cambodian family,
so I park my car and I walk down to him. Just before I reach the car, this white guy grabbed the
driver—Cambodian guy—by the collar and pulled him out of the car. I ran over and said “Stop!”
and “You can’t do this!” So, I stepped in between. Now on the left side of Highland, you see all
these white families that live in the three deckers. On the right side, you have the three or four
houses that has Cambodian families.
They all came out. It’s a big crowd. And I’m in the middle between the white guy and
Cambodian guy. Then the police arrive. The motorcycles. This is probably summer of 1985. The
cops came, the motorcycle cops came, and of course, they went over talk to the white folks over
on the left side. And, when he came over and he asked, I had to tell him what the Cambodian
gentleman told me. So, I told him, so he dispersed the crowd and told them to go inside. Then, he
left. Things like this happen a lot; incidents that Cambodians became the victims, and never
make into police report. I reach out to the attorney general office. By this time, as I mention
earlier, that the harassment, the violence against Cambodians on Shirley Ave, had bubbled to the
surface, it got some press coverage. The one thing that I was able to do was talk to different
newspapers. Boston Globe had a reporter that constantly reported on the harassment and the
violence against Cambodians. Then there’s another reporter from the Lynn Item, and he was,
writing about harassment and violence against Cambodian refugees almost every day.
So now, the Boston Globe article get a lot of attention, and I got a call from the office of the
attorney general’s civil rights division. They assigned a person from there…a young assistant

4

�AG was involved and helping. And I told here everything so she would then reach out to the
police department and push the police department to do their jobs. She became a person that
really helped solve the violence against Cambodians. The police department was forced to record
about incidents. One evening, maybe 1984, (I will send you an article about) on Christmas Eve, I
received a phone call from the Red Cross, saying that we need you to come down to Shirley Ave
because there was a fire at the two family home on Shirley Ave. Both units are owned by
Cambodian families. Somebody torched the house. The family were able to escape. They were
out, the Red Cross were there to help them, give them blankets and take down their info. So, I
got there and worked with the Red Cross to get the names and everything and explain to the
family… the Red Cross put the family up in the hotel for that night. I remember so clearly after
the family was taken by the Red Cross to the hotel, the fire truck was gone, the house was burned
up. I was standing in the middle of Shirley Ave. By then it’s Christmas day. And I said to
myself, “In this country, you know, Christmas is a season of goodwill and good men. We
celebrate that in church.” I stood there and said to myself “someone must hate Cambodians so
badly to torch their home, on Christmas eve.”
I say enough is enough. I met with a few Cambodian family and some people that worked in
different offices, and I said we need to do something. Let’s organize, and we do a rally. I think
1984, in January. Cold, cold day. We organize it, we get people from the Cambodian
community, some teachers from the Garfield School to help organize. We talk to the parents and
let them know, I talk to Mr. Bill Waxman from the Garfield school to let him know, and… I’m
not sure if we called City Hall, but I believe we did call the City Hall. We said let’s meet up. The
plan is that we meet at Revere City Hall. We meet up, and march towards the burned building.
The stage would be the building—the burned building would be our background with the camera
rolling on the speakers. This is similar to Martin Luther King, too; a peaceful protest, of about
300 people. Most of them are Cambodians, and many media were there. And t we have, outside
people who are supporting Cambodians, who are fighting racism and the violence towards them.
One person who came, I remember, was the president of the Rainbow Coalition. He taught at
Harvard. I forgot his name, he passed away recently. (Editor’s note: Could possibly be Mel
King.) The mayor of Revere, George Colella spoke and I was the translator, and the featured
speaker.
So, here we are, about 300. We have, like, about 60-70 children from the Garfield School, right.
They write post cards and a banner. We write in Khmer and English “enough is enough.” And I
remember we get—we made up a banner saying “enough”, so we walk with that banner, then we
got there, and we put it up and it’s a sidewalk of Shirley Ave in front of the burned down
building. As a result, more attention was paid to the city of Revere. The police department was
under the gun to do their job. The Justice Department came in, we had the attorney general’s
office, the executive office of public safety, and the state police. The city of Revere had to take
this matter and control it.

5

�D: Well, thank you for that. You touched upon something that we’re looking into with the
overcrowding in schools. I don’t know what the process was like in Revere, but in Lowell, there
were a lot of issues, so they started renting out different places to put the new immigrants into,
but that resulted in a segregation problem. There was an incident that happened with a 13 year
old Cambodian child. We’re not sure if you know about it, but his name was Vandy Phorng. He
was pushed into the canal. Do you know anything about it?
P: Yeah, I know. And this is 1987, I knew about it. And I’m the one who organized a fundraiser
at the Boys and Girls Club for the family; I know the family. The story was in the Sun, and then
the Boys and Girls Club on Branch Street—on Middlesex Street, they wanted to do a benefit to
support the family and I was part of that. But, let me step back into Revere. As the children
arrived amidst the violence against Cambodians, Mr. Waxman also worked hard to get the
support of Mass. Department of Education. Maureen, her name, you know, she’s really good.
She step up, providing a lot of grants. And then she hired more paraprofessionals who speak the
language, and then to create more space, the classrooms—clear out all the closets and
everything—it’s not ideal. Then, the department of education, Mr Waxman applied for funding
to build the bigger school on the Garfield site. So the state came in—the state, they have a
hearing, they have a hearing here in Lowell—I came with Mr Waxman testifying how important
for us to have this new school that have adequate classrooms for the new influx of southeast
Asian refugees. The school was approved, the proposal to build the brand new Garfield school
was approved. And the state, as you know, funded 90% of it. [D: Yeah] 90%. And then they
have school committee meeting in Revere to talk about the new school being built. All these
white parents opposing it because the current school, it has a baseball field, right? So the
proposed new building would be build a new school on the playground—new playground, after
it’s done, demolish the old school and make it into—put the baseball field.
The parent that oppose—they don’t like Cambodian family anyways, they oppose, they say this
is not acceptable because where are the children gonna play? So here I am, you know, go to the
meeting with Mr Waxman, and I raise my hand and say “okay, which important? The baseball,
or the education of your children?” So, then, everybody kind of pause and, and a few family
who support the idea say yeah. And number two, they talk about the burden on the taxpayers,
just like here in Lowell. But, I say look—the state funded 90% of the, the construction. Back
then, like 3 or 4 million dollars, right? Just to have the money from the state put in the bank, you
earn enough, you know, interest to support any, you know, tax increase that may have. But you
have a brand new, you know, high tech classroom, and you don’t want it? You want to just,
like… Finally, it got built and they named the school after this white lady who is really a racist.
Katherine Penn, her name(?). She’s … doesn’t like Cambodians, so, of course she’s politicians,
she played into her [unknown]. That’s how the new school built, and anybody that recognize
with the name—oh, Paul Ratha Yem help—no. I don’t get that. But that’s not what I’m looking
for—but at least, you know, we have a new school for our students, right? I think probably 1990
or 1991 the school was finally built. A brand new—beautiful. I walk up, and like, and… it’s near

6

�the beach too, it’s all glass and everything is new. Beautiful school. And I smile inside and say “I
have something to do with this beautiful school.”
In Lowell, I understand the issue of crowding, the classrooms, desegregation, and then we have
the consent decrees that was signed by the school and city, you know. The bus [unknown].
D: This project started because we were looking into Vandy. Why do you think Southeast Asian
parents—or just like immigrant parents in the community in general, like signed the consent—or
argued for the consent decree to be signed. When they were like, really scared, like… you know.
New immigrants in this country are trying to settle down, but like, all this stuff happens. Do you
think there was a reason why they really pushed for it, why they really fought for education?
P: There’s two reasons. The answer to that is, number one, that we came from a culture that
value education. You know, I remember so clearly when I was young, my mother took me to
meet the principal and she said—she said to the principal “Mr principal, here’s my son. Do what
you need, all I want is the bone and the eyes back.” And I say why... What the eyes and the bone
back, you know, like… [Yeah, so… [“All I want are the bones and the eyes back,” in Khmer], I
said… I… till this day, I don’t understand. You might want to ask your dad that, because your
dad was in education so he understands. In Cambodia, you know, capital punishment is common.
It’s acceptable. The teacher’s gonna beat the heck out of you because you’re not behaving,
you’re not doing your homework. Even, you know. I got in—when I first started, I was in trouble
all the time Trouble child. Because I see school is just to go have fun, you know, so me and my
group in the back of the classroom, the teacher talking up in the front, and we were having a
[laughing] conversation in back. I was a bad student. Cambodian start [] in 12th grade, like first
grade in this country, then go 11, then go to 10. So, the 12—like first grade, 2nd grade, 3rd
grade, I was really bad. Then, one time I just saw the chalk like hitting my desk like [mimics
sound effect] and then bounce off because the teacher was there writing something on the wall
and he see me talking so—the teacher can hear of course, he just threw the chalk at me, but it
didn’t hit me, it hit my desk first and bounce. [laughing] So we all look up, and the teacher say
“you come up here!” so we have to kneel down in front of our classroom for as a punishment for
But that’s all changed, you know, that’s all changed as I get older, I got to third grade. And, in
Cambodia, at the end of the school year, the school put up a really big event, you know, at
night—performance, speeches, and all the students receive awards. This is all grades, so if you in
the middle school, back from the first grade up to the ninth, the tenth grade, things like that,
right. The parents sit there and clap, and I remember looking at my mom’s face. I never forget—
that she look disappointed because she see all other kids, you know, went up there, receive some
sort of award and stuff like that. She was disappointed. And that’s the turning point in my life
when I was that young. I think “this is it, you know. no more fun and games.” From that day on,
I was always the first or second in my class in every major. In Cambodia, they would put out—
like, they have the math and other social studies—they put up the list, so… student each month,
how well they do. So, the worst month for me, I’m on the third—you know, I’m the third of my
class. So that’s a bad month, gotta pull it up—so, but I always, I was really… a changed person.

7

�C: What province are you from?
P: I’m from the city, I was born in Phnom Penh. I live in Phnom Penh, and my family is well-todo, middle class. I don’t know you know the—Cambodian have the [unknown], actually, we call
it. Independent monument, right? It has big circle, and they have a beautiful park that will… one
side of the rotary go towards the river, the other side is shorter to, kind of, the city. If you were to
stand in the part that were facing the east towards the river, you see they have this big tree
[Khmer name]. Khmer [“call it (Khmer translation)”], right. And they have the [Khmer
translation], that mean, like… a house to send food to the spirits, right. You look up and that big
[tree] is on your left, and then across the street from there, my house is across the street from
there, is a small villa. Is like, a villa. And then there’s a street corner, street, there’s another
prince like—royal family—we’re all related. The Sisowath family. He has a bigger lot, a corner
lot, bigger villa. And then in my small villa is right here, and then there’s another villa, another
villa, and then the big villa is Sihanouk—Prince Sihanouk’s mother, who, her villa there. So we
all… Sisowath, so Cambodian royal family divided into Sisowath and Norodom. Sisowath used
to rule the country, and then… Prince Norodom Sihanouk married a Norodom, and he became
the king. And then Norodom family rule, Norodom family has their own compound—Khmer call
[translation]. So, again, at the rotary, and then there’s one that goes south—towards [Khmer
translation again], they call it, right. So [khmer] become the compound of all the Norodoms.
Even Sihanouk has that. The president’s there. Big area, beautiful—and Sisowath [unknown]
small strip of land near the independent monument. And that’s the answer to your question, is
that we value education. It takes a lot for Cambodian family to really sign into this because,
where we came from, we don’t speak against authority, right. Like I tell you the story that my
mom just tell the principal “do what you need to do to educate my son, I want the bones and the
eyes back, that’s it.” And then to come here to speak against something like this is unheard of.
There’s a lot of education that go into this, you know, talking to and convince the family to do.
The younger family that have some sort of education, then they will sign onto this. Not
everybody. So, the older generation that came from, like, mostly Battambang, they themselves
are not educated farmers, they don’t want anything to do with that. Only a few Cambodian
family sign onto that due to the fact that they understand, you know, they came here, they had
some sort of education back home, they came here, they have some schooling, they understand
how the process works. So, they say “we want to do this to improve the education,” so they do
this that their children education is improved. So they’re willing to do that. They risk their own
lives, right, I want to call it. Signing onto this.
D: That makes sense, like the difference provinces have different outlooks on education overall.
C: I want to hear more about your perspective during Vandy’s time.
P: Yes. In 1987, I was approached by a local bank here—it’s called Lowell Institution for
Savings. So, they not there anymore, but the building is still there at the corner of Shattuck Street

8

�and Merrimack Street. You know where Enterprise Bank Headquarters is? Next to it, now it
become a quilt museum. But if you look up, you see gold lettering say “Lowell Institution for
Savings.” They were very proactive, they see a lot of Cambodian refugees here, Southeast
Asians, Laos, and Cambodians. The president told me that he would read the Lowell sun and see
Cambodian family was mugged and then they lost their money and jewelry that they—the lady
carry with them. The president of the bank said “We might need somebody who can speak the
language to convince the people—instead of keep money and jewelry at home, maybe deposit
and keep it in the bank.” They reached out to me in Boston, so I came to work here in February
1989 as a community officer for the bank. My job is to educate Cambodian families.
And as I told you the story—I’m actively involved in the Cambodian community. The banking
job is one of the way to kind of reach out to the community, so my job is to help people, you
know, put money in the bank, save money, to borrow money to buy a car—the new cars, and
teach them, they borrow money to start a business, buy homes, things like that. I was actively
involved in the community besides being a banker. And, at this time, I still live in Winthrop,
Massachusetts. Remember I used to live in Revere, so I moved next to Revere in Winthrop.
Yeah, just next to it It’s just too difficult to live in Revere and then you speak against the city,
right, so I moved next door. I live—I still involved in Revere. I commute everyday, 1989, always
come to Lowell. I never get home before 10 o’clock, because always get involved in the
community. I became a member on the board of the Cambodian Mutual Assistance Association.
I sat on other, you know, boards, who are, you know, in Lowell. Like the community
foundations, like Lowell Plan. I was active, so using the bank position as a way to reach out to
other institutions in the city of Lowell to kind of educate them about our culture as the
Cambodian community and all of that. Oftentimes, I would ask to speak at the board meetings
about Cambodians, about our culture. There was a Cambodian radio program, three or four
people in Lowell, active, vocal, they have a Cambodian radio program. They talked about
Cambodia, playing music, every Sunday. I go on the radio time to time, talk about mostly, you
know, the bank products and stuff like that.
One board meeting in Lowell Institution for Savings, I was talking with the staff and the board of
directors. A loan officer said, “Hey, I have this Cambodian family who wants to buy a car and it
costs $12,000. And he came to see me, he has a brown bag that’s full of cash, you know, put it
on my desk. And I was like asking ‘Where you get that?’ and he say ‘Well, I save it. So here’s,
like, my down payment.’” He has like 8, 9 thousand dollars in downpayment, and the bank was
like surprised. And he… and then everybody asked me how does Cambodian family save the
money, how do we educate the people to— instead of keep it at home, you know, that’s part of
my job—I say, you know—I explain the story. And then someone asked—so, if a family wanted
to buy a house, how do they get the money to put down, you know, in addition to how much,
whatever they save, because most of them seem to want to buy everything in cash. And I explain
to the board and everybody was there... that, in Cambodia, we have our own microlending.
[Khmer name of it here]. I say we have this—a loan system, tong tieng, I explain to them. I
explain that like—okay, we create a group of ten people, and then everybody pitch in… say, a

9

�hundred dollars. Ten people, you get ten thousand dollars. And then, you’re willing to relinquish
that 100 to whoever willing to offer the highest interest rate, they will, you know, they will get
that pot of money. So of a hundred dollars each, I’m willing to give you $5, so now I only put in
95. You got the money to do whatever, so now every month, you have to pitch in that $100. So
that’s how the microlending works, in the real world back in, in Third World countries. We call
it developing countries now. This is the system that started through the Grameen Bank in
Bangladesh and the World Bank. This is similar to tong tieng in Cambodia.
A branch manager at one of the Lowell Institution for Savings said, “You know, I notice that
those Cambodian families came, they rent a deposit box, and they would come in and they would
go in and they put all the money in the deposit box, and the jewelry and everything. Why don’t
they put it in a savings account to earn interest?” you know. I said hey, you know. This to show
you I did my job, right? The money from under the matress now going to bank safe deposit box,
right? It’s the first step in the right direction, right? So give it time, yeah?” They all laugh. One
of the board of directors, he’s the owner of that radio station. He went back one Sunday, he got
to meet all the people that work… Cambodian family that do the station. He said “look, you need
to educate people about putting the money in the bank and all of that, and then instead of…” and
then he talked about—he learned about tong tieng and everything like that, right? And he was
fascinated by that. He said look, you know, you teach people how to put money in the bank and
everything, and He told the story he learned at the board meeting that day. The funny thing is
that, rather than, you know, understand—rather than using that, they um…the Cambodian staff
of the radio station, like five of them, use it against me saying that I did something that not
supposed to, because, they say, “this is just for… within our community. We can’t just go off
and tell the world about our inside.” I say “what…? Tong tieng is not a secret, this is not a mob
kind of… you know? Shark loan kind of thing? It’s a system that we use it. I’m educating the
non-Cambodian of how we come up with.” right.
I didn’t know this story back then, there is a restaurant, right now, it’s the Hong Kong, like,
Hong Kong Hall. It used to be [unknown] restaurant, and they sold it to the Hong Kong market
family, so they converted it to the hall. It used to be a really popular place; they served
Cambodian buffet, everybody went there. This group of radio staff, Cambodian staff, went there,
and bad mouthed me. The owner is a very good friend because I was with the bank. So one day, I
went to have my lunch there. The brother—they have three owners, two older sisters and the
younger brother, his name is Vichet—he told me, “Hey, bong. I overheard they were talking
about that you explain to other people about tong tieng in Khmer, things like that. And they were
upset that you, kind of, tell the… you know, like dirty laundry, things like that, about the
Cambodian people.” And I said, “Okay, tell me… is this something that we’re not supposed to
tell the world? Is it something secret?” Because in America when you come up—like the story I
told you that loan officer saw the Khmer family with the brown bag full of cash, they want to
know where that money came from. Because in America, when you have a bunch of cash like
that, the only logical thing they think it is illegal money. Selling drugs or something like that,
right? And these people don’t understand that.

10

�We have to have a story, like you go to the bank, and I bring the cash deposit, $10,000, they
make me fill out the form, and they say, “Where’s the money come from?” right? I have to
explain. I say, “well, I just collect rent, you know. I have a three family home, and each one pay
me this.” I fill out the form that explains to the bank where I get that. The same thing, we get the
money, and we have to tell them what the sources are. In Khmer, they do save yes, but some of
them use tong tieng to put that into the deposit to buy a home, things like that. But people fail to
understand this system, and then accuse me of putting out a dirty laundry for the world to know.
D: With Vandy’s incident, I’m not sure if the Khmer community had a different reaction
internally compared to externally, because I know that sometimes in our community we just
don’t want to speak out. I’m not sure if you know what the internal reaction to something like
that or any other anti-Asian tragic incident in general, because there might be a different
reaction, I’m not sure, but what do you think?
P: Depends on the situation that you talk about. Let’s use Vandy’s story as an example.
Oftentimes, the community blames the parents to allow this tragedy to happen to their children.
Where were you? You’re supposed to watch your kids. Things like that. There’s a lot of internal
condemnation because the child died. But, failing to understand, it’s not that he just died by
itself. Somebody caused that death. Back then, the question is was there any organization among
the Khmer that will come out to support the family that lost a child drowning in the canal? No. I
don’t want to say this at the beginning of this—your dad is going to be mad at me because he’s
the head of the temple.
D: It’s okay, no, he’s not going to listen to this, don’t worry.
P: Remember in the earlier conversation, I told my grandmother when I was in college that I
don’t believe this because it’s selfish, they never help anyone. But, you know, for us to give
money to the temple… haha, my grandmother was livid.
P: We all go through that because we are more pragmatic and we go to school; we understand.
For me, I sacrifice everything to help others, because at the end of the day, you know, you meet
your maker—whoever, who will ask “What have you done?” So, then you can say “I did my part
in making the world a better place to live for everyone.” Be the voice of the voiceless, stand up
for the people that don’t have the courage or are afraid to stand up. So that’s my notice.
The other personal story that I did not tell you is, remember I told you I drove to Massachusetts
from California with my young bride? Jewish American, we met in California, so we live in
Winthrop and we have four boys. We also were the foster parents, because Cambodian children
were taken from home and they always looked for another Cambodian family to raise the
children with the same language and culture. So, we took in a lot of Cambodians, mostly from
Revere and from Lowell. We took them in—one family, the entire family, even the baby—she’s

11

�only three or four months old. And then we have our boys, who about five, and then six, and a
teenager, just like fourteen. We took the whole family. The mother was a gambler, she would
gamble every day. She met this old man, had a baby, and left the children unattended, so the CPS
took the children away. And we took them.
Like I mentioned earlier that I came from Winthrop to work here in Lowell, 1989, that I would
never get home before 10pm every night, because I was out there saving the world. And I can’t
even save my own marriage. So we end up getting divorced in 2000. But the marriage was really
on the rocks way earlier than that, since 1990. I just knew that, oh keep it going for our children.
But then, it’s, it is just can’t take it anymore. I don’t know, you are not married yet—but
relationships are hard. You know deep down inside your heart that when you can't be together,
you can’t be. You try your best. So then, the marriage counselor said that a good divorce is better
than a bad marriage, so. But, that’s the price you pay.
The moral of the story—the reason I’m telling you this is that yes, you go save the world, but be
sure you save your own family too. My four boys, they’re all grown up now. Two in New York,
and the other two with my ex in San Francisco, California. They don’t want anything to do with
me, because I wasn’t there for them. Because I was always out there for other people, but not
them. But that’s the moral of the story, my personal story, that I want to tell you that. It’s
important that your children need you. And now I’m married, I have two boys… two boys, and
the older one, he’s first year at UMass Lowell. The youngest one, Justin, is going to the prom
tonight He’s graduating from the Greater Lowell Voke. So, from that experience, I make sure
that never go through that. They need the father, not just the world out there.
C: I go to school, I go to work, and at night, I come home and take care of my grandma—oh no,
I’m gonna cry. She’d say “Don’t leave me!” and I said “I have to, ma! I have to go to school and
work!”
P: That’s the story we all go through. That’s the other side effect of the war—side effect of what
happened to our family. We all have a story to tell. Some turn to alcohol, the younger generation
now turns to drugs. The older generation turned to alcohol or gambling. We have issues—big
issues in the community about gambling, because from outside, an addiction for people who go
through—it’s a way to escape, to escape the reality.
P: Researchers go to Encore and walk up to some of the Cambodian families. You see some
people say “oh, we go visit Encore.” Stuff like that. My wife, and my in-law side of the family,
they used to, after Christmas, open gifts, then they would go down to Foxborough avenue and
they say “Oh, we don’t have to gamble, just go eat and walk around.” and I say “but it’s the
temptation, and you don’t want to put yourself in that because you don’t know how crazy you
can be.” You know, they… [unknown] and they get you out, people lose their homes, people lost
everything because it’s just like.. They get sucked into it, chasing after that. So, I tell my wife,
“we can go somewhere else, why do we have to go to the casino?” She say “Oh, just go and eat

12

�and walk around.” I say “Yeah, we can go walk around some other mall, shopping areas, things
like that.” I never, never ever set foot and eat at a casino, because—number one, I take pride and
say “look, I don’t gamble.” I don’t want people to perceive “Oh look, he go to the casino, so it’s
okay for us.” No, I see people using that. But, back in 19… 96, 97, they have an Asian market—
marketing firm from Boston, Chinatown, they do a bus. Mohegan Sun will come with a bus, pick
up people at different locations…
[P talks about his only involvement with Mohegan Sun casino, which featured him as an event
planner that focused on something for the Cambodian community.]
P: We set up the [unknown] for five hundred seats, right? And then, he said “what about the
food?” I said the food we can do a buffet style on each side, have the dance floor—we need the
dance floor. He said okay. He said “How much is that gonna cost you to put that all together?”
And then the tickets. He said “Oh the tickets, we have the VIP tickets—$35, and then the regular
tickets—$20, $25.” So Mohegan Sun would print out all that, the VIP tickets—so what Mohegan
Sun did, they give out all the tickets to the high rollers, all the high rollers and everything. So
then… and they say okay, we’ll take 250 tickets, with the VIP and regular tickets, and you can
sell whatever tickets and keep [unknown]. It’s a deal. They give me some money on top of that
to pay the band, and then I brought in the Khmer band. At the time, it was like, Angkor Dance
troupe—but it was not really Angkor dance troupe, it’s just some dancing group, but they don’t
have a name yet. You know, perform that beginning, and then we have the dance, and before you
know it—we have more than—we have 700+ people were there. From all over. We’re talking
about Connecticut, Rhode Island, some from New York come up. Having fun—they have all
these people have these tickets, because these high rollers, they get a VIP ticket from the casino.
And they bring their families and everything—it’s packed. Being… really not a party organizer,
and I learned later, people would just go to the bathroom and they pass the ticket to their friend,
and then they... So if you come with your friends, you have five people, you have five tickets.
You have to the stuff, one of you go off to the bathroom, bring that five, and you give it to your
friend in the bathroom—four tickets, right? So they have the stuff to go back inside, but they
didn’t buy the tickets. So you have all of that, right? The cheating going on. I was… the lady, she
was the singer, she sing in the band [unknown]. She’s the one who helped me organize. And
that’s my only connection to Mohegan Sun at the Casino, and I did another show—it was a big
show—but that’s the reason. I chaired the water festival one year, and I ask them to underwrite
them—so they give $5000, and we give them a booth. And i get the red flag push back from the
community saying I’m promoting gambling. I say look—my job is to bring money back to our
community because—we take their money or not, our community go casino, give them money
everyday. They have buses come in everyday, you see it. So, at least I get some money back to
our community to do something. They don’t understand—they don’t see that.
P: Yeah, that’s the one thing they are not very good at in… you know, like, going to get money
from supporters. That year, we had so much money—Mohegan sun gave $5,000, just nothing,
and we give them a booth and that’s it.

13

�C: These people don’t even go to the booth, they go to the casino.
P: Everyday, they get it. They know what it is. All i’m trying to do is get money back from the
casino at least to give back, just like any businesses in America. They have a foundation, they
give money back to the community. Why not getting back from Mohegan sun and Foxborough?
Because they took a lot of money from our community. But anyway, sometimes it’s… like, you
ask me to speak on the gambling, it’s not… imagine tong tieng is like—that big of a deal,
imagine speaking against that… speak against the gambling.
C: I just remember we did the tong tieng for an organization about why they think alcohol and
the other vices are so relied on in the community. It’s becoming a much bigger problem as the
years go on… it’s not a report, it’s just a framework for the health(?) department, how to
outreach to the community and make them come in and learn about getting help, but it’s not a
report. But don’t worry about that, we’ll worry about this project.
P: I understand. In a way, it’s related now, when we start in the 1980s… we were the victims of
this violence. Racial violence. And then because we not accepted, it’s the history of this country
that new immigrants coming in become the target of this racial violence. Now that we are here
for 40+ years, I don’t want to see us become the perpetrators of this, saying the same crime that
we were the victim of back in the 1980s. Meaning that we should be empathetic to new group
coming in, we should stand up and support them because we went through the same as they are.
and the thing that bugs me the most—i have this irish person come up and say, “hey, when my
ancestry came, we were subject to this kind of violence, harassment, just like you cambodians
going through right now.” and i say “why do you have to repeat that cycle? You could stand up
and we don’t—we’re against this kind of violence because our ancestry were the subject of the
similar kind of violence and harassment.” But they don’t, they don’t speak up, and they quietly
tell you “oh, I’m sorry, we went through the same thing.” That’s not good enough. Speak up—
see something, say something.
D, to C: Did you have something you want to ask?
C: I wanted to ask more because this project… I also wanted to oral history on maybe your life at
another time, and maybe … put it in SEADA, the archive at UMass Lowell. It doesn’t get any…
it just… but for this project, I met Dr. Forrant at UMass Lowell, and he spoke with Curtis Chin,
the documentarist and author, now he’s on a national book tour. He was—Curtis Chin grew up
with Vincent Chin during that time.
P: I know Vincent Chin’s story very well.
C: Yeah, so he was supposed to go to the wedding, and then … Curtis Chin, we invited him to
UMass Boston, and UMass Lowell. He has a documentary called “Vincent Who?”

14

�P: Yeah, I remember that. I read about that because May is the AANAPISI heritage month, and
one of the stories is about “Vincent Who?” is Vincent Chin. At the time, Peter Kiang was in
charge of the Asian American Resource Center in Chinatown, organizing a rally, things like that.
So I know the story really well, about Vincent Chin. He got beaten to death before getting
married. In Detroit, they think that he’s Japanese anf the Japanese are responsible for the
downfall of the US auto industry.
C: And during that time, what do you remember about the reaction, maybe your reaction, and
then your community’s reaction to the violence. They didn’t call it anti-Asian racism yet. I knew
about the Stockton shooting and other incidents across the U.S., and then there was a Vietnamese
uncle in Dorchester, and then there was Vandy. Was there a reaction to the violence at the time,
or did people not really know about them?
P: I can just speak from the Cambodian community, it seems like number 1, they may not know
the whole story because they don’t read the newspapers or watch the news. If they heard
something where they worked they would keep quiet. They think, keep yourself low profile so
you will not become the victim and avoid speaking up. So, instead of standing up, they back into
the shadow. They are cautious about where they go, what they do. They go to work and come
home and try to avoid any confrontation. That’s the reaction that Cambodian families would do
if they heard of an event like this.
Oftentimes, like myself and others who work in the Cambodian community, we are always
trying to educate the community. We say look “they are not going to ask you ‘are you Chinese or
Japanese’ before they punch you in the face. Because we all look the same.” They call you
‘gook’, they call you ‘chink’, whatever. They not going to ask you “are you Chinese or
Vietnamese or Korean” before they beat you up. You happen to be in the wrong place at the
wrong time. During the pandemic, Asian American became the subject to violence—very
violent. And the former president is fueling this, pouring the gasoline into this racial hatred
towards Asians, saying that it’s the Chinese causing COVID-19. Again, the regular individual
can’t tell that we’re not Chinese. You walk down the street, they beat the heck out of you; on TV
you saw this. We saw this poor Chinese lady stomped on and kicked on the head in New York,
because she’s Asian. She was born and raised in America. People don’t see that.
C: Do you feel like it’s gotten worse or better since that time? For me, I wasn’t born yet, I was
born in 1993… but it sounds very similar to the climate from the English-Only movement. The
English-Only campaign, and immigrant Asians. Do you see it being better or worse?
P: The anti-Asian violence, it’s always there. It will rise according to, pretty much national
politics. And the politicians who sometimes use that as a way to get elected or stay in power. We
have the president of Boston University—John Silber. He ran for governor, and he used
Cambodians as a platform to propel him to get elected; fortunately, he wasn’t elected. One of his

15

�speeches he made is why Cambodians are coming to Lowell, and his conclusion is that it is
because of the welfare system. It raised a lot of red flags and pushed back various entities and
agents in the community. He said that when he was in Lowell for his campaign. And he played
that because Lowell back then has the school committee person…
C: What year was that when he ran? [Editor’s note: In 1990, Silber won the Democratic
gubernatorial primary to become one of two major-party candidates for governor of
Massachusetts in the general election of 1990. He lost that election to the Republican William
Weld, who won by 38,000 votes.]
P: I believe it’s about 1995. You have the school committeeman, Kouloheras, and his partner in
crime, also school committeewoman Stoklosa, but the school buildings named after them. So I
have this young man reach out to me about that and say “you need to rename the building, not
Kouloheras.” I said “I understand. I’m with you, but it’s not the right time or the right place right
now.” Remember like… The south banning all the … what you call…
D: Confederate Statutes.
P: Confederate flags and statues now. If you were to speak before then, they can beat you to
death and things like that, but the movement—the time that’s right, it builds on that to do that. In
Lowell, they named the school after Stoklosa—Katherine Stoklosa, which is one of the two who
were really again—were racist against the Southeast Asian students, who also promoting the
English-only language. I remember back when I worked at the bank, one of the cartoons in the
Lowell Sun had the statue of liberty lady holding the torch and tablet, “Give me your tired and
your poor and your English only.” Perfect cartoon to put on there, and that’s what those people
did. They pushed it. The English only movement started off by an Asian American of Japanese
descent in California. He started that, and it became big across the country.
Back to your question, the anti-Asian violence is still there. But sometimes, it kind of below
surface until certain situations, national politic,s get involved, and then create that, and it rises up
again. Like COVID-19. The same thing when the auto-industry went down and the Japanese
automobile become popular in America in the earl 1990s. It comes and goes—but it’s right there.
If you ever saw the commercials about Shingles, Shingles is always there. Wait for the moment
until it strikes you. This anti-Asian violence is like Shingles in your body, in society’s body. It’s
there and it waits for the time to strike again. In 1990, it was anti-Japanese because the autoindustry in America went down the tubes. They don’t blame management, the company that runs
that, they use other excuses for their failure. The Japanese become the victims, Asian Americans
become the victims. Then COVID-19 came. It’s the pandemic that’s not just happening in
America, but throughout the world. But because politicians use that and put the blame on the
Chinese, it’s the Chinese disease brought to America.

16

�C: We were talking about the Stoklosa and the building named after her. We’re also… We’re
trying to see what kind of memory the community has about this. Like, Curtis Chin—he’s the
one that—he’s always promoting the Vincent story. Everyone’s always promoting it, but stories
like Vandy within our community…
P: No one talks about it. Not even, I would say 20, 30% of the Cambodians remember this story.
C: Do you know people that remember it?
P: Yes, besides the parents and the family, the family are the people that remember. And I know
the father—the father’s still around. He’s remarried… the sister’s all grown up, and they have
kids of their own. She moved to Florida. Those are the family that still remember, and I bet that’s
the only family that remember the story. Lowell has shifted dramatically from the wave of
refugees coming from camps in Thailand, now Lowell’s Cambodian community are immigrants
that come directly from Cambodia to Lowell. They are well-to-do, they come here, they want to
do business, they want to be Americans and build home; they are different. They don’t know
about the experience that first wave of refugees went through. They don’t know about that.
C: Do you think—well, since you know the family and [unknown], do you think that if this
story… we wanted to use this story as a reference, and one of the questions Dr. Forrant asked
was why—that why did something this horrific disappear in the community? He also wanted to
know if there was a commemoration—other than what you said was a fundraising that you did,
but thinking… other than what you said about … what’s left of our refugee community, do you
think [something about the makeup of the Cambodian community in Lowell: refugees and
immigrants].
P: There are a few reasons the story was not remembered widely in the Cambodian community.
One, it’s a family tragedy. Remember not long ago, 3, 4 years ago, we have a fire on Branch
street that killed about 7 members of one family in the building? And you don’t know what
happened, and nobody remembers. Vandy’s story, it’s more of a family tragedy—while Vincent
Chin is more of a…well, it’s similar, however, the family is the one that keeps the memories
alive. Two, remember as refugees we lost two million Cambodians, killed by their own people,
the Khmer Rouge. Like my entire family, wiped out. I’m the only survivor in my family. One
death compared to two million. So to them, one death is just like really a drop in the bucket as far
as a tragedy that struck the community in our city. That is why it’s not talked about.
The other story that you need to also focus on since it’s anti-Asian violence, is Bun Vong.
Remember that guy’s story that I told that was grabbed by the neck while he was sitting in his
car on Highland Ave in Revere? His name is Somali. He and Bun Vong were good friends. So
they decided after settling in Revere, they decided to move to Lowell because they know people
here, so they moved to Lowell. One day they went to Revere and there is a club on Revere
Beach, they go to visit that in addition to visiting friends. On the way back, they travel through

17

�Revere Beach parkway. For some reason, he was in the middle lane of the three lanes, and his
car swerved into the right lane while this other car honked the horn at him, so he would move
back to the center lane, and the car that was behind them, pulled behind to the right and these
two Cambodians—Somali and Bun Vong get out. Vong was the passenger. He stepped out and
without even asking questions, the passenger of the other car punched Vong in the face, he fell
backwards, hit his head on the curb, went into a coma and died.
With that interaction, these two white guys called them ‘gook’ or whatever because they don’t
know that we’re Cambodian, they think that we’re Chinese. He called them all the racial slurs
and everything and left. Other passersby called the police, the ambulance took him and the
driver, Somali, remembered the license plate and they were able to locate those two guys. The
guy that punched Bun Vong in the face, he was discharged not too long before from the military.
He went to trial and it’s tied as racial violence against Cambodians. It’s about the same time as
the story of Vincent Chin. He was found guilty. Bun Vong’s story is similar to Vincent Chin’s.
His wife still lives in Lowell, two daughters—one daughter still, one daughter is very active in
the community. I think probably two years old, something like that, when this happened.
D: When I was at the conference with Professor Forrant, someone told me about her. I don’t
know if you have any information for her because I only have her name.
D: What do you think about a marker or memorial at the Pawtucket Canal where Vandy died.
Kouloheras has the entire wing of Lowell High named after him abd of course we have the
Stokolosa School, but there’s nothing commemorating Vandy. Do you think that it would be
something good or that it would offend Vandy’s family?
P: I think we would have to go to talk to them first and then get them involved, because it has to
do with their family. They may or may not want to have it, so you can’t do it if they don’t want it
there. Remember, we talked about your grandmother—you’re so emotional, right? Then, do you
want to be remember or be reminded—that’s the kind of thing that we need to be sensitive to.
You drive along the highway, you see all the crosses on the side of the highway. And I have my
son—one of them driving, the other is going to get their license soon. You always think it could
be one of your children—your family, your friend, who had an accident and died, there’s a cross
for them. And I’m sure the parent is the one who put the cross there. And I drove—usually I
drive by and see it.
The Sun has a picture of our benefit at the Boys and Girls club. I’ll look it up, I’ll look it up to
see—to send you guys, and then … I will speak with them, and then probably let them know.
Maybe give you their contact information—you can also talk with them.
D: Yeah, we’ve been struggling to find the family, so that would be really helpful, because since
the beginning of this project, we wanted to talk to them, but we just couldn’t find a phone
number or anyone else in the community.

18

�P: I’m trying to think. There’s a lot of tragedy that has to do with, you know… just because of
who we are. Instead of a focus on one, my thought would be focus on as a whole, if you were to
do any statue and remembering people who are the victims and died. We should include all of
them. We should have that, because… number one, like I said, others have lost their lives
because of who they are. We are mistreated, we are victims of the racial violence, whatever you
want to call it. Some died, some survived, but the scars are still there. We should have, if we do
anything, really include all of them, the ones who died, the ones still alive—reminder that the
hate is still there. Even an elected official like myself, the hate is still there. But because you’re
elected, they’re not going to say it in your face; but ,the hate is still there. And you can tell—you
can tell, as a person, you can feel it if somebody likes you or not. But because you are elected,
they’ll be nice to you. They tell you all glorious stuff, all the fancy words they call you behind
the scenes, at their kitchen table, always imagine what they call. What they say about you. That’s
not very pretty. And that’s how the children grow up in the hatred family—they hear this at the
kitchen table. They hear their parent talk about “Cambodian this,” and “Cambodian that.” So
then they go to school, and that’s what they remember, and then they take that a step further
physically or by name calling and everything, because they think that because their parents are
like that. And they make their parents happy by being against Cambodians, or Asians.
C: What should we do to create or remind? I don’t know about if we’ll change the hearts of
minds of those people, because we said about that… you know that, the tension and racism is
always there, either under the surface or bubbling up, so our fight kind of never ends [P: No]
through each generation. What would you do or want to see? Would you like to see any symbol,
like Professor Forrant? I don’t know what a marker—I’m Khmer too, I don’t get what the
meaning of a marker, but he wants a marker. But what do you like to see as our elder and an
advocate from the previous generation, to remind the community or next generation, or even
your generation that still walks by?
P: I mean, you answer that beginning already about Vincent Chin. Continue to talk about this.
Continue to get involved in whatever activity. You continue to educate everyone about the
struggle of the Cambodian refugees when they first came to America. Continue to tell the story.
The marker is fine, but it would be just another marker among many markers in the city of
Lowell when you walk around. Some of them are forgotten, things like that. But the most
important is that we are becoming the walking, we are becoming the educators. We took it upon
ourselves to educate the community, to the mainstream community about the struggle, about
racism and anti-Asian racism, it’s still there. We see what happen to Jewish students. We see
what happen to Jewish people, and I always said to myself, what did they do that people always
hate the Jewish people? It’s not because what they did, but because of who they are.
Asian Americans, it’s just like that. Many, many reasons they hate us. Number one is that, in
addition to Cambodians other Southeast Asians came. They say “Oh, they came, they took away
our jobs, they become welfare dependent, a burden on society.” All the stuff that they would just

19

�throw at you. That’s how they justify their violence, justify their hate with Asian Americans.
And then, in the next step, they say “Oh, Asian Americans are the model minority.” So they say
“Oh, look at education institutions—a lot of Asians.” So rather than using as a positive image,
they use it as a way to put down Asian Americans. “Oh they don’t need help because they are the
model minority. They are all in school, they have a nice car, they have a big house, things like
that.” And “Look at them, they dress very nicely, pick on me.” Because they are ignorant.
.It’s our job and responsibility to become a walking education institute to teach them. You can
teach people many ways, subtle ways, by being always nice to people who hate you, and just be
positive. And always present yourself very well. People keep telling me “Oh, you look very well.
Nice dress,” everything like that because people will look down on you the way you present
yourself. You work hard, you study, so people ask you “How can you afford this?” You tell them
politely, nicely, “Oh, I work two jobs. It’s not easy—America is land of opportunity, you can
have almost anything, but you can have as long as you’re willing to work hard at it.”
You sort of positively reinforce an image that we don’t have everything handed to us—that we
have to work hard, that we have to study hard, just like everybody. The short answer is continue
to educate the mainstream wherever we are. Just remember that you are the ambassador—you’re
not Cambodian, you’re not Chinese, you’re Asian American, so you are the ambassador
wherever you go. You have to keep that and always remind of the struggle that Asian American
have gone through.
D: I don’t think we have anything else. Thank you.

20

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                    <text>Professor Peter Kiang Interview 7.9.2024
Forrant: [00:01:12] Thank you Peter, for agreeing to talk with us. Your articles, we've read
several of them as important background and just amazing information for what we're trying to
do this. This started several months ago with the idea of doing some research and article about
what happened to Vandy. Originally the idea focused on historical memory. And, why in Lowell
there's no conversation about the lessons historically, no marker, no anything. Lowell is a city
that celebrates its history and memorializes everything. Yet this didn't happen. The more we
researched, the more we read, the more we talked to people, it seemed as though what happened
was gone.
Your work influenced us a lot in thinking about this as a much broader civil rights struggle in the
1980s, particularly around education. Once we started looking at that, we got all the court
documents from the parents’ lawsuit in 1987 filed against the school committee and the city of
Lowell. As we read through those documents and saw the use of the 1964 Civil Rights Act, and
Brown v Board of Education, and the 14th Amendment, all embedded in the lawsuit, we realized
that this was really important.
At the same time as we were thinking about it, two people on the city council decided out of the
blue to put forward a motion to abrogate the consent decree and to go back to things the way
they were. We said, okay, the timing is right for us to revisit this story and tell it in a more
profound way.
We're thinking the story goes back to the 1970s, when parents first started pushing the schools to
desegregate the school department had its first desegregation plan. We're taking it back to maybe
1975 to 1990. The other thing that we started working on, and I went back from your articles and
read a lot of the Globe stories about the violence in East Boston and South Boston and the home
invasions and some of the other things that you've documented because we think the Vandy story
fits into to all of that.
Khuon: [00:05:11] Peter, can you start with briefly explaining who you are, your role in the
community at the time in the late 1980s and when much of the turmoil of the anti-Asian racism
violence occurred and then any of your work or roles stemming from that period?
Kiang: [00:05:37] I come at the question from three distinctive perspectives. Starting in 1980, I
was the first full-time staff at the Asian American Resource Workshop in Boston Chinatown. I
had just graduated from college and the Asian American Resource Workshop had just formed a
year and a half, two years earlier. Very grassroots, the first organization in Chinatown to call
itself Asian American rather than Chinese American or Chinese. The idea of pan-Asian unity and
solidarity and consciousness were all part of the purpose of that organization. It was intended not
to be a social service provider. But more of an organizer, doing things like building pride and
consciousness, which is much harder to measure and much more difficult to get funding support
for. For a healthy community, it's just a vital part of the process of what I later realized kind of
fell under the category of capacity building and community development.
My work with the Asian American Resource Workshop, I was on staff there and was probably
the most identifiable leader of that organization from 1980 to 1985. That coincided, in part, with

�the resettlement of Southeast Asian refugees into metro Boston and the waves of violence that
resulted from that demographic change both in the city of Boston and in other gateway cities,
including Revere. I think because of the pan-Asian mission of the Asian American Resource
Workshop, I took very seriously the responsibility to make connections between the Chinatown
base and these other populations.
Kiang: [00:08} It was easy enough to do that with longer-standing ethnic groups in metro
Boston like the Japanese Americans. For the refugee populations, the level of trauma the day-today survival needs and the infrastructure for support, which was through resettlement agencies
rather than grassroots community organizations. Those organizations that we’re familiar with
today, they didn't exist. It was challenging. In terms of language, culture, history and just the
day-to-day realities to build relationships. That was an important part of what I saw the mission
specifically to be. We didn't want to simply provide immediate social service. It was taking a
longer-term advocacy perspective and a community development perspective.
Parenthetically, I'll just add that when I shifted out of the leadership of the AARW it was for the
purpose of developing Asian American studies at a local university. Taking some of the same
principles of capacity building and community development and consciousness and pride and
educational transformation and bringing that into the university setting partly to have a more
stable base that was not as vulnerable as a grassroots community organization and in terms of the
day-to-day funding realities. But, also to take smart advantage of all the universities that are in
the Boston area to figure out some way of having stability and longer-term institutional viability,
along with the revolutionary mission of Asian American studies and ethnic Studies.
And to be able to have a community-centered model for Asian American studies that would
make sense to the community and that would also be able to exist and survive within a university
setting. That led a roundabout way to my identifying UMass Boston as the place to do that and to
plant roots and build structures to enable that to happen at UMass Boston. That included the
early visioning of something like the Institute for Asian American Studies in the mid-1980s. The
Institute didn't officially get fully established and approved by the university infrastructure until
1993.
The initial proposal for that was something that I developed in the mid-1980s as I was
transitioning from the community-specific role into this kind of frontier of organizing within the
university. The Vincent Chin killing was in 1982, the court case and the $3,000 fine and
probation for the killers was in 1983. The outrage in Boston after the Vincent Chin verdict was
pretty strong. I was part of the initial organizing of the local Vincent Chin Support Committee in
Boston. That summer of 1983 was also the killing of Anh Mai in Dorchester. And so, the reality
of this taking of an Asian life and what was the value of Asian life? And the court case that was
going to follow from the killing of Anh Mai and the arrest of the killer, not wanting to have a
Vincent Chin case repeat itself in Boston.
Kiang: [00:13:20] That all was wrapped up in my work in the Asian American Resource
Workshop initiative in establishing something called the Asians for Justice coalition. Although it
was a first-degree murder that was a focal point, there were all these other cases happening too.
Many of those cases were with Southeast Asian refugee victims briefly referenced earlier. There
wasn't really grassroots organizational capacity in those communities to have strong, powerful
voices and means of bringing people together in response. Asians for Justice as a coalition

�formed with a lot of the responsibility coming out of the Asian American Resource Workshop.
That became the mechanism to advocate on behalf of the various communities that were really
experiencing this dramatic and devastating cycle of violence that played out in the mid-1980s.
I wrote quite a bit and I took seriously the documentation effort for what we were doing while at
the same time trying to provide leadership for much of the response from the various
communities. Some of the violence was also wrapped up in other aspects of the challenges of
refugee resettlement and demographic change. You could see that in the ways the different
school districts were responding to the influx of refugee students and family populations and
obviously the housing and the employment sectors were also being affected by it.
Kiang: [00:15:55] The schools I felt were particularly important. Thematically, I felt that the
sacrifices that both refugees and immigrants in general, that they are willing to endure, that
there's a rhetoric associated with that and a belief system associated with that, which is we're
doing this for the future of our children. When the reality facing the children in their day-to-day
experience is kind of thrust against that intended hope from the parents’ generation, then parents
get motivated to do something a little bit more than just work hard and struggle silently.
Lowell was not the only city or school district where these issues were playing out. I think in part
because of META and Camilo and some of the legal aspects and the Latino population in Lowell
that was organizing itself a little bit ahead of the Southeast Asians. There was a process playing
out in role that I thought was significant. I was always looking for ways of bringing different
communities together with shared interests. What META was doing in Lowell, I felt really
modeled multilingual equity. The simple act of having these meetings in 4 or 5 different
languages, when I would attend some of them, even though they were frustrating in terms of the
time involved, the effort and the commitment I felt was just really inspiring and necessary to
build real relationships of respect.
Kiang: [00:18:31] This would last over time because often coalitions, they form to respond to a
crisis. When the crisis is over, then the participants in the coalition go their separate ways. It's
more opportunistic politically than anything else. For these communities to have longer-term,
longer-lasting relationships of support and understanding and kind of mutual care showing
respect through language I felt was a really important part of a process happening in Lowell. It
wasn't only the just outrage of a classroom being held in a bathroom, which I saw with my own
eyes. I went to some of those sites. I mean, that was outrageous, without a doubt, but it was
actually the response of the parents making the effort to communicate with each other that made
the story and the process really powerful and just not deserving of, but valuable to support and to
document. I felt my role was partly to share some organizing energy and also very much to
document. That was maybe the combined roles that I felt I was playing in terms of the ARW and
Asians for Justice work and my interest in Asian American studies and the classroom and
curriculum building over time that I think my career overall has represented and that our
program has been good at doing for over three decades now.
Forrant: [00:20:45] Out of curiosity, as you were starting an academic role, did at any point you
get pushback from the university, like, why are you out there doing those things? Or, you're
jeopardizing tenure. I'm just wondering if you got encouragement or pushback institutionally

�Kiang: [00:21:22] As a separate part of this story, when I was studying the landscape of options
for what institution to try to go into and then to literally organize with this purpose in mind,
UMass Boston really stood out as a place where that could be done with a critical mass of not
necessarily Asian American faculty. Paul Watanabe was here, but there was a critical mass of
community-minded progressive faculty overall within UMass Boston and the demographics of
the UMass Boston student body. They were just so relevant to community realities. There's a
direct overlap.
There was an institute before the Institute for Asian American Studies existed. There was an
institute established by Vietnam veterans called the Joiner Center, and that had every element of
what I thought a powerful Asian American studies program should have in terms of advocacy,
curriculum, teaching, research, service, etc. with a distinctive constituency. At that time,
Massachusetts Vietnam veterans were a significant political force. There was a flow of resources
and there was political clarity, I would say, and quite a bit of influence that the Joiner Center
leveraged.
Kiang: [00:23:19] The Joiner Center's mission was in short wrapped up around the
consequences of the Vietnam War and the legacies of the war. Their core constituency were
veterans. When I learned, in a deep way about what the Joiner Center's mission was and structure
and activities were, were focused around, I realized that you could argue that Southeast Asian
refugees are a parallel constituency, a core constituency for the Joiner Center in terms of legacies
and consequences of the Vietnam War. The directors of the Joiner Center hadn't thought about it
like that when they first got things going. They were open to that idea. The Joiner Center became
the first base to sponsor and fund the Asian American Studies courses that I developed. It was
really through their advocacy within the university that I was able to do a lot of stuff in those
first few years. I paid attention to my own tenure case to make sure my teaching, my research,
my publications could meet the traditional stuff. It was all being done in this really holistic,
community-centered way.
And I thank the Joiner Center for having essentially sponsored much of that in the first 3 or 4
years. That was kind of unusual and very special. I always give great appreciation to these two
populations, the Southeast Asian refugees and the Vietnam veterans, who were both students in
the initial Asian American studies classes. The emotional and inspirational and educational
power of those populations being together in the same classrooms doing Asian American Studies
work was really special. That gave our program academically, this kind of core foundation in
being grounded in refugee realities and in all the Southeast Asian American stuff that we've been
able to do all these years. It's very, very different from every other Asian American Studies
academic unit in the country that was more coming out of second-generation identity and
representation stuff. For us, it was refugees and veterans who were the beginning, the foundation
for what we were doing. So very, very different.
Thanks for asking that question.
Kiang: [00:26:51] Going back to Lowell, the killing of Bun Vong (8.4.1985) was after the killing
of Anh Mai (7.24.1983). Those two outrageous incidents were very much linked together in my
mind or in the analysis of Asians for Justice. The Bun Vong story was very much linked to
Lowell, although the killing itself was not in the city. (Editor note: Vong, age 35 from Lowell,
was beaten in Medford by a white motorist and died a few days later.) The awareness of the

�contradiction of surviving genocide and being killed through road rage or racist violence. Even
now I'm so angry.
Then similarly, by 1985, 1986 the arson in Revere and the assaults in Revere were just really
terrible, really hard to take. Particularly with the Cambodian population and the survival legacy
that they physically represented being here in metro Boston. I think before the Lowell work
really became the focus of some of my attention, it was these cases that preceded it that were
already very much, prioritized as examples that needed intervention and organizing and
advocacy and also needed documentation, future teaching and education. Later on, to build on
what I was saying earlier about the multilingual power of META work with the parents in
Lowell, the multicultural education training and advocacy (META). That was the legal services
group that Camilo was part of.
The English-only push in Massachusetts was the competing narrative of that period. Kouloharas
(Editor: chair of Lowell School Committee) was an obvious protagonist in that world. But
English only, and the eventual 1992 statewide referendum to eliminate bilingual education in
Massachusetts, all of that was going on through this period and the groundwork being laid
politically on that side for all of that policy change, in addition to the arbitrariness of “speak
English you are in America now,” kind of on the street.
Forrant: [00:31:10] We've been trying to find more about the history of the national Englishonly movement. Did you ever find a direct link between them and what was going on in Lowell?
I mean, I know ideologically they were connected. Was there that kind of an organizing principle
in Lowell connected to this bigger organization?
Kiang: [00:31:54] Not that I can tell you. I don't think that anyone ever tried to follow money
flow or individual visits or this or that would show that kind of evidence. For certain the Lowell
English-only referendum predates the statewide by a couple of years. The money flow and the
political leadership for the statewide one didn't seem to have any of the local protagonists in
prominent speaking or endorsing kind of influencer roles.
Forrant: [00:32:57] I've been trying to read everything that Kouloharas said to see if he, even in
passing, said something about this larger movement. I haven't found it. I was living in Holyoke
while a lot of this was happening, and there was a big English-only movement in Holyoke. A
guy ran for mayor on a platform of English only. I'm wondering if these communities across
Massachusetts, like Holyoke and Lowell kind of connected.
Kiang: [00:33:42] I'm assuming that they are there, but how well organized it was. Maybe there
was an infrastructure that was there that was quickly tapped. We were just too busy to monitor it.
Forrant: [00:33:59] They had money because in the Holyoke newspaper, they had this five-part
series of full-page ads about how Puerto Ricans don't care about their kids. And why are they all
sitting on their front steps smoking cigarettes and just these incredible caricatures. And that was
expensive. Somewhere there was money. I forgot that the statewide one happened in 1991. What
was the result?
Kiang: [00:34:50] Statewide the voters eliminated bilingual education and a generation and a
half lost access to home language, heritage language. And it wasn't until 2017 that the

�Massachusetts legislature essentially repealed what had been passed by ballot referendum. The
opportunity to have different models of bilingual education in Massachusetts schools returns in
2018. That's a long period of bilingual ed being illegal.
Kiang: [00:35:53] In some ways, the success of Cambodians electorally in Lowell is
unprecedented. There's no other city in the United States that can claim the level and spread of
electoral Cambodian American representation politically, that that the city of Lowell and the
state legislative districts can claim. I mean, that's I think, equally a legacy if you want to frame it
in terms of him. Interesting. That's giving him too much credit, maybe.
Khuon: [00:36:50] How did you first learn about parents advocating for their children's
education and the School committee's opposition?
Kiang: [00:37:05] I think I more or less covered this earlier. Partly it had to do with Asians for
Justice and the cases of racial violence, the Vong case and its relationship to the emergence of
Lowell as an important location for Cambodian secondary migration. And the work of META,
which I was familiar with because of their work in Lynn and other places closer to Boston. And
the whole relationship of bilingual education, racial desegregation, etc. in the Boston Public
schools. That was something that I knew pretty well. The parallel of the challenges in Lowell
around those issues with this particular population in a post resettlement post-genocide reality of
racial violence; Lowell was the place I did care about, even though it was not my community or
not so easy to in a day to day way be involved. I was paying attention.
Khuon: [00:38:35] Could you give us an overview of the tensions that you were paying attention
to at the time or did you pay attention in retrospect?
Kiang: [00:38:45] It was the racial violence first and foremost, which was not simply in Lowell.
It was the reality in Revere, which was much closer to Boston. And the Revere population had
direct connection to East Boston and to Allston. The original Cambodians in Boston were in
Allston and then in East Boston. There was the spillover into Revere and it was not simply
Cambodian. It was Lao and Hmong and it was ethnic Chinese from Vietnam who were being
targeted also. It was the Anh Mai killing in July 1985. (Editor’s note: Anh Mai, 23, and
Vietnamese, was killed in Dorchester. Police said the homicide was the 14th crime against Asian
immigrants reported in the city so far that year. They said there has been an increase in reports of
vandalism, harassment, fire-bombings, and assault, adding many incidents “have probably gone
unreported.”)
It was definitely racist dynamics playing out. They were predictable dynamics. That was what
was so frustrating from our perspective because, and this was a connection to Asian American
studies, because if you know Asian American history, then you know that there are waves and
cycles of violence that are associated with economics and with other larger forces that are
playing out. The depiction of Asians as enemies through war and the way that translates into
those same populations being targeted. All of that was explainable and predictable. If you knew
Asian American studies, as it was playing out in real life, the frustrations of seeing that happen,
knowing that it shouldn't happen, was a part of my thinking and my perspective. Every kind of
new example, new case that came up was in part a sense of outrage and frustration and also
reenforcing the importance of doing this kind of work to educate the public, to educate the

�communities, to build stronger community-based organizations and build capacity to stop it, to
prevent it from happening.
Kiang: [00:41:24] Both in the short term, which meant dealing with civil rights laws and
prosecutions and having critical mass show up in the courtroom for different cases. There's very
specific things case by case, and then there's longer-term stuff which had to deal with. We had a
curriculum project with the schools in Chelmsford. We couldn't get into the city of Lowell, but
Chelmsford was interested in having curriculum K-12 curriculum expansion to understand
Southeast Asian refugee resettlement and the connection to Asian American history.
The school superintendent in Chelmsford contracted the Asian American Resource Workshop to
work with teachers over a maybe a year and a half period to design a curriculum and to do
teacher training. It's the same Merrimack Valley geography and the same refugee flows that are
coming into the region. The contrast between Chelmsford Public Schools and Lowell Public
Schools was striking. We felt like we wanted to be dealing with Lowell directly but couldn't and
therefore we went the route of Chelmsford to show that it was possible. That's not something that
I've written about or talked about, but that was part of the reality in terms of the region and
thinking about these tensions and the dynamic.
Khuon: [00:42:59] What year was that?
Kiang: [00:43:01] That's mid-1980s.
Khuon: [00:44:14] In our research, we found that many people from the community have a hard
time remembering Vandy. Do you think there is a reason for his death to not have a deeper
impact on the community?
Kiang: [00:44:34] This was the most interesting question of these from my perspective. I'm
hoping that whatever you produced out of this work provides some perspective to respond to this
question. I don't know if there are his siblings are still in Lowell and the parents and extended
family experience following his death or the temple that his family was a part of. At least in the
immediate weeks after the killing the temple was where the family was seeking support. I never
had the feeling that the family wanted to pursue anything more aggressively.
Khoeun: [00:45:58] I checked with the family. Not any of the siblings, but I believe one of the
nieces or one of the daughters of one of the siblings. She mentioned that she didn't know she had
another uncle because I mentioned you're two uncles, Davey and Vandy, but there's also Vandy.
Do you know anything about him? She said that she was completely unaware. Which was an
interesting thing because it tells me that did the family just stopped talking about it after some
point? I assume there are no pictures or any sort of memorial in their house for him. I also just
can't get in contact with the family in general, because she fell out of contact with them. That's
all I know after talking with them directly.
Kiang: [00:46:56] I think if the family chose to handle it that way from the beginning, then that's
the explanation. The killing of Bun Vong, his daughter is now an adult who is seeking her own
clarity and desire for justice. It's a different way of relating to the specific losses of that time.
And I think also perhaps to some extent the fact that the aggressor was from a prominent white
family is another aspect of the story that is not looking to memorialize the victim. I think it's

�understandable. This gets into I still think about this now with the Anh Mai case, and after 40
plus years, I'm taking another take on it, which I'm pursuing more actively. After Anh Mai was
killed, the stance of the beginning Vietnamese community in Boston was to not raise too much
fuss about it. And he didn't have any family members who were here with him. He was an
unaccompanied minor. I'm going to include this in an article that I'm working on about the case
and the Anh Mai legacy.
Just a week or so ago was the anniversary of the killing of Vincent Chin. In Boston’s Chinatown
there was a commemoration. It was small, but it happened. I appreciate that I went to it to
document it, but there's just no memory of Anh Mai at all, even in the vibrant very, very civically
engaged, robust Vietnamese community of today, there's no memory at all. There's no marker,
there's no nothing.
Your question about Vandy is in the same realm of why? And is that right? And do we, some of
us who were there at the time and for later generations for educational purposes, if nothing else?
There's not a family that's asking for justice or memorialization. It's more from an educational
and political and community perspective that this is a memory that should not be forgotten
collectively. When we decided to take on the organizing in the aftermath of Anh Mai's being
killed, and the Vietnamese community itself was saying, no, they're not going to get involved
with that.
Kiang: [00:51:02] That was a difficult challenge, personally. If the Vietnamese community is
not going to take the leadership role, what? Who am I to say that we will or that I should, and so
I struggled with that a lot. Ultimately, I decided for myself anyway, that it wasn't simply that he
was targeted for being Vietnamese. It was a racial killing. And from that perspective, a broader
Asian American community could also be engaged and invoked in the process. It didn't have to
be, strictly speaking, a Vietnamese thing, although we made every effort to have open
communication and dialogue with what was a very early-growth Vietnamese community at that
point. I think even now I have floated the idea and I'm still going to pursue it, that there should
be a memorial to Anh Mai in Boston, in Dorchester. Should there be more public recognition of
this killing in Lowell and this young life lost?
Forrant: [00:52:29] The thing that gets me about Lowell is the two people that you could think
of in Lowell as creating the climate that promoted what happened are Kouloheras and Stoklosa
the chair and vice chair of the school committee. Kouloheras has his name on the wing of the
high school and Stoklosa within a couple of blocks of where this happened, has her name
splashed on the side of a school. That's part of what we're thinking about. There's some people
that have been in Lowell at least talking, this was before we started doing this, about trying to get
the Kouloheras name off the school.
One of the things that I teach a lot in history classes with my students is what happens when
memory gets erased. What happens when in an archive nothing about something like this is
collected? What happens when people are invisible? And this feels like one of those stories.
Right? We also share your concern about, what if the family doesn't want it. We've already
backed away from thinking we want something about him per se, because that's not clearly what
the family is saying they want.

�Kiang: [00:55:24] Raising this in whatever way you do spills quickly into all those other
contemporary debates about curriculum and monuments. You know, who's an American? If I
were a part of the local community knowing what I know part of me would still be pushing hard
for the K-12 curriculum and specific curriculum units focusing on this period, of the crucial
period of the 1980s, 1990s, in terms of the formation of the community, and then lessons of the
sacrifices, struggles, and accomplishments of the community since then.
Drawing on the elected officials. Although they are pretty impressive in terms of the number of
them, their relationships with each other are complicated. Getting them all in the same room to
support the same effort or initiative takes some smart organizing and relational sophistication, I
would say. To have something public, whether it's a marker or in the curriculum or a
retrospective in the Lowell Sun that goes back into this with a contemporary spin, a bunch of
different ways of ensuring that that it's not lost or buried or hidden.
I think there's a bunch of different ways of, of doing it. Some can be wrapped together with
contemporary recognition and others of it is just being honest in terms of what factually
happened. That's where I think someone like Bun Vong’s daughter, there's a direct lineage of
impact. I don't know exactly how she articulates what she wishes were possible today for the
city. She would be one person that I would certainly really talk with. What is she willing to say
and help to convene in terms of a civic and educational process?
Forrant: [00:59:42] Lowell is coming up on its 200th anniversary. There's a way to think about
this being one in a series of things that would be part of looking at this long history of immigrant
and refugee settlement in Lowell. Other stories that can be excavated about what's happened to
various African communities as they’ve settled in Lowell. I like the idea of a forum or something
where we could bring together some of the actors that are still around from the 1980s, some of
the people in the parents’ group that filed the lawsuit, we've been reaching out to identify. The
tricky thing with the lawsuit is that most of the names don't have the last name because their kids
were the plaintiffs, not the adults. I have some friends in the community who are looking at the
names and trying to figure out who their parents might have been.
The university was very involved with all of this. Some of the faculty were involved in trying to
create a human rights commission at the time in Lowell. And there were all these meetings that
Charlie Gargiulo talked to us about last week where there were faculty that were trying to do
stuff. There were even faculty that rode school buses. At the university, there's nothing in the
university record about any of this. That seems maybe a more fruitful initial place, possibly to
push that the university should sponsor a forum or conversation through the Asian American
Studies program at UMass Lowell.
Kiang: [01:03:51] We could think about doing something together in terms of the current
context. There's no doubt that the wave of violence of the 1980s was more intense, more deadly.
You've obviously I'm sure made this case already, but the anti-Asian or the Asian hate dynamics
of Covid brought all of this into view, referenceable in people's immediate memory. Before that
gets totally blurry again for the public, completely lost in terms of the consciousness and the
historical memory and the active teaching of lessons that could have informed what happened in
2022.

�Forrant: [01:05:02] I started from your articles, Peter. making a timeline of the ones that you've
mentioned and then I did some more digging. It just it dawned on me as I was doing it, when I
teach civil rights history, I don't teach about this. Now I'm going to. But, why after 29 years of
teaching? It is shameful that I wasn't aware of these things. How do we impact the curriculum?
I'm certainly going to, in my US history classes on civil rights, discuss this rather than talk about
busing in Boston, I'm going to talk about school desegregation and law. Because the kids are
going to have more relatability to me talking to them about that than about Southie.
Kiang: [01:06:26] Likewise, in the teacher education program, being able to influence what the
teachers are being trained to teach in social studies out of the UMass Lowell School of
Education. This component can be readily incorporated. You can help shape that in terms of
content. And then, with a little bit of will and political influence from senior faculty in the
School of Education, it shouldn't be that hard to do. And then it can be celebrated, as part of the
200th anniversary. Relevant, responsible, historically accurate teaching and the special
contributions to equity that the university is making.
Khoeun: [01:07:45] I think one more question. Actually. It just popped up. When we were
interviewing Mr. Perez, he talked about how in the 1980s there was a massive during that period
in general, there was a massive repeal of civil rights and whatnot and how that era seems to be
connected to now. I was wondering if you agree with him or if you think there's a reason for that
because he mentioned it; he is still looking into it. I was wondering if you had any insight on
that?
Kiang: [01:08:33] The economic recession of the 1980s was bad. The rise of what was then a
much more conservative political ideology with Republican Party rule. Honestly, that platform
looks good right now, relatively speaking. Challenges to the 1960s civil rights legislation and
policy areas, in the backlash to affirmative action and the concept of reverse racism emerged
during that period. So, it's one generation removed from 1965. The fundamental real equality
that's internalized by the country hadn't played out. It wasn't in the culture, it wasn't in the school
curriculum. People pick sides of being winners and losers with law and policy, and the losers
resent and eventually will try to win.
Khuon: [01:10:21] I'm still dissatisfied with our Vandy situation. I feel like it is hard to figure
out a situation where we can highlight him properly, especially with the predicament we're in
that his family's not very vocal.
Kiang: [01:10:49] I don't see any ethical way around it in a history, social science kind of way.
An alternative route is to do something more through creative expression. So, poetry or letting
your imagination work in a creative process. Show something of not just the circumstances of the
killing, but the life before and the life that could have been. Turn to the creative world rather than
being confined by the limitations of history, social sciences, of fact-based stuff; because you
won't be able to get beyond that.
Khuon: [01:11:49] Thank you.

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                    <text>Jim Higgins Interview, 7.12.2024
Khoun: [00:00:30] Jim, thank you so much for agreeing to speak with us about the history of
Lowell desegregation and the city's late 1980s English-only campaign. As well, we would like to
hear what you recall about the treatment of Southeast Asian refugees as they arrived in Lowell in
the 1980s. We are working to get as a complete picture as possible regarding the history of
Lowell schools, the desegregation lawsuit, events leading up to the filing of the April 1987 suit
by the parents, and the death of Vandy Phrong. This is being done with the intent of publishing
an article. Please give a brief introduction of what you were doing in Lowell during this period.
Higgins: [00:01:56] I came to Lowell and started working as an architectural photographer. Then
I started doing more documentary photography work, getting away from doing buildings because
it was sort of boring and the people were a lot more interesting. I did a book on Lowell at the
time called Lowell: A Contemporary View (Editor’s note: published by Mill Town Graphics in
1983). It was like a documentary on the city, the people, the places. And because of that book,
the International Institute contacted me and asked if I'd be interested in doing a documentary on
incoming refugees from Southeast Asia. I knew very little about the situation at the time, but I
was immediately interested because I have always, from a socio-political viewpoint thought the
situation in Vietnam and the consequences that happened afterward were going to reverberate
through the years.
That's exactly what came to be because when I started doing this documentary on refugees
coming in, you could see the consequences of our actions over there. I was somewhat interested
in the beginning, but then I was totally committed after spending a year working in the
community because they wanted me to do a book somewhat similar to the earlier book, but sort
of documentary style on Lao, Cambodian, and Vietnamese refugees coming in. And, they
wanted it in four languages.
We hired interpreters from the community. They could translate, but also give us the Khmer
version. Originally, the script is in the book, for the captions and the forward and all that stuff.
It's all handwritten. Was because at the time, I don't even know if there are typographic fonts in
Lowell that could handle that because this is before computers came in. I mean, computers were
not I don't want to sound ancient, but personal computers like Macs, they didn't come in till 1989
after our project. We had to have all the stuff, all the captions and everything in the book, handwritten in Vietnamese, Lao, Cambodian, not English. For the first year of the project, I knew that
I had to learn so much. The other thing is I didn't want to just go into a community that I didn't
know that much about and start photographing immediately because I felt like it was just not
right. Simply because our levels of trust must be built up with people before you can do
something like that.
Higgins: [00:05:00] When I did the book, I had already spent 3 or 4 years doing research. I knew
from that, that no matter who it was, you have to build that level of trust. We spent the whole
first year and I wish I could have spent longer doing this, but I had after a certain point, they
wanted me to get the book into production. My partner at the time, Joan Ross, is a graphic
designer and we worked as a team. We spent a year just getting to know the community, not
taking any pictures at all, not even taking a camera anywhere. We went and just went to, got
introductions, went to weddings.

1

�Went to all types of activities that were going on in the community and just spending time in
people's homes, talking and just getting to know them. It was based on the relationships that we
formed in that one-year period that I felt like we were ready to take the next step of asking them
if they wanted to participate in the project and didn't mind us coming in and taking pictures. And
we became friends with a lot of people right away.
Higgins: [00:06:12] For me, it was sort of a natural transition. I always talked to people about
what was it exactly that drew me to the Southeast Asian community? And I think it had to do
with the sort of injustice of the Vietnam War. And so, based on that I felt like it wasn't like
speaking with strangers. It was speaking to someone that we did a real injustice to and I was
trying to find out their story, what was their perspective? How did they feel about the United
States sending troops and destabilizing Southeast Asia? That first year was a prep year. And then
after that, we get into documenting the community. And then when we were finished in 1986, we
were ready to publish the book, but we met Dith Pran from the film The Killing Fields. At that
time, he was a reporter working at The New York Times. (Editor’s note: Dith Pran, [23
September 1942 – 30 March 2008] was a Cambodian American photojournalist. A refugee and
survivor of the Cambodian genocide, he became the subject of the film The Killing Fields, 1984.)
Higgins: [00:07:27] I went with Chanthida. (Editor’s note: Chanthida is one of the original
dancer teachers who helped to establish the Angkor Dance Troupe.) You don't know her, but a
couple of other people in the community, and we went to New York, and he was so gracious to
us. We met at The New York Times. We told him about our book project, and we asked if he
would want to write the foreword for the book. He said yes, but he wanted to see what we had so
far. We basically had almost everything done. We showed him the photographs from each of the
communities. Then we showed him the translation, and when he saw how the translation was
written he said, oh my goodness “this is going to have to be rewritten and redone.”
I wasn't aware of this at all. A thing about translation that I've learned since then from I think it's
R.F. Kuang who wrote The Poppy Wars and Babel and those books. She is Chinese and she talks
a lot about translation and how things get screwed up in translation. While the person that wrote
the translation for us, the Khmer translation, was speaking in what he called “a high class tone”
that he felt the refugees in Lowell now would not be able to relate to. He said you have to have
somebody that speaks the language, because most of these people are agrarian. From small
villages. And this text is written like it's from somebody, a scholar from Phnom Penh. I thought,
oh my goodness, who am I going to get? But Pran helped us with it and he and someone else I
forget who the other person was collaborated on doing the text in the proper way, which was
caught at the last minute.
I would have felt awful if we had ended up publishing it and people were offended in the
Cambodian community. But there are distinct differences between the three groups. And for
some reason, I think from some weird spiritual level, I just communicated more and I was more
relaxed with them. But the bonds were strong in all three. That's how we get started and we will
be going from there. I lost my train of thought.
Higgins: [00:10:25] Well, the other thing I shouldn't forget to add is that we did have, we had
hired a humanities scholar to work with us because we were being funded both from the
International Institute and from the Mass Foundation of the Humanities. And one of the

2

�stipulations is that you have to have a humanities scholar working on your project. And we had
Hai Pho from UMass Lowell at the time, but he's Vietnamese, so there were some people that
were a little bit worried about the Vietnamese perspective. If he wrote it from a Vietnamese
perspective, it would be problematic for the Lao and the Cambodian.
Khoeun: [00:11:03] Yeah, a lot of tension.
Higgins: [00:11:04] Which was interesting to learn all that because right in the very beginning, I
wasn't aware of the level of tension until people in all three communities started to tell me about
their particular history and how it related to the other countries. It was a real sort of going back to
school type thing, but not learning about American politics, learning about Southeast Asian
politics. But politics is politics. Unfortunately, it's the same everywhere. There's always
infighting and people power grabbing and stuff like that. But the common folks are the ones that
end up getting hurt, so we tried to get most of our perspective from people that weren't in
politics. Fortunately for us, Hai Pho was a very honorable person who tried to see things from
each perspective. Because he wrote about it, because he was writing from the original incursion
of French colonialism for us coming into Vietnam and then Kampuchea, Cambodia, I think for
us, and then Vietnam.
But the Americans coming into Vietnam and the consequences of that. Then he gave his
perspective and I was clear to tell everyone, this is his perspective from a scholar’s perspective
of what the consequences were of the Vietnam War and how it affected Cambodia and how it
affected Laos. We had a map showing all the different routes coming in for us of soldiers and
then refugees fleeing out. He helped with doing all that. I think we found an area where even
though he was Vietnamese, he could speak to the origins of the problem and the consequences
without getting into the politics of Southeast Asia.
His wife Lan Pho was also a professor at UMass Lowell. I've known that whole family since that
book. Because we photographed his mother or her mother. At the time, she was about 90 years
old and traditional. Total traditional Vietnamese outfit. It's part of the Vietnamese section. And
also they introduced us to a lot of people in the Vietnamese community, both in Lawrence and
Lowell. Yeah, it was it was a cool connection there.
[Editor’s Note: On April 15, 1975, Lan and Hai Pho and their baby boy caught the last
commercial flight out of Saigon before the South Vietnamese capital fell to North Vietnamese
forces. The Phos were U.S.-educated and had U.S. residency, which allowed them to return here.
The Phos brought family members to the U.S., welcomed other Southeast Asian refugees and cofounded the Indochinese Refugees Foundation, which scaled up its services when the U.S.
government settled about 100 families from Cambodia and Laos in the Greater Lowell and
Lawrence area.]
Khoun: [00:13:53] The next question has to do with the 1987 lawsuit. How did you learn about
parents in Lowell advocating for their children's education and the school committee's opposition
to this effort? And did you become involved in this effort in any way? And did you document
this time-period with your camera?
Higgins: [00:14:18] Well, I had the time-period documented from the perspective of the
Southeast Asian project of the first book. I had to go back to the politics thing. I always stayed

3

�away from politics of all kinds, but especially some of the politics was going on at that time. But
I heard a lot from the families themselves. Anything you hear from the politicians is always
slanted one way or another. You have to talk about people that are getting affected by policies.
And those were the people that were always working on the book project. And in all three
communities, but especially the Cambodian community, because it was interesting.
I think the level of trauma was the highest among the Cambodian people. I mean, from the
parents, mainly from the parents, kids adapted quickly. But the parents that came in I think about
the parents from Laos and the parents from Vietnam, the trauma and the parents from Cambodia
was the worst because of Khmer Rouge, and they were the ones that went through that. Their
acclimation time took a lot longer than the Vietnamese or the Lao. I think because of that, and
they suffered a lot in the sense that they got a disconnect between their kids as far as what was
going on in school because they were just trying to survive.
Higgins: [00:15:45] Everyone was working 12, 14 hours a day. And, the kids were mostly, the
oldest, older kids were taking care of the younger kids. Parents were working just in survival
mode. And a lot of the folks, the older ones didn't pick up the language quickly or not at all. To
this day, because my crew, Monica, her mom speaks hardly any English. Linda Uch, same thing.
Her mom knew hardly any English. Even though I get along with both of them, great. We have
other ways of communicating. But the thing is the parents’ trauma. It just was too much. But the
kids adjusted quickly.
That created a divide in the Cambodian community. And the information that came in was
slanted again by if the kids were even in school. A lot of the kids were dropped off at school and
then as soon as the parents left, they would go out the back door of the school and then go down
to Clemente Park and hang out with the gang or whatever and the parents didn't know it. And
then I started finding out by this one kid. Shannon told me he felt so bad because his parents
came to the graduation thinking he was going to be there, and he hadn't been in high school for
three years.
Higgins: [00:17:02] He'd been dropped off every day, but he was going out the back door to
school and never attending school. Once he saw the effect that it had on his family, I think he
became a youth counselor and started talking to the youth. You've got to be more responsible
because this is devastating to our parents. But so much of it was that they were able to get away
with it because the kids were the interpreters for what was going on at school, because they knew
the English at school, and they would come home with their news and tell their parents. But the
parents couldn't do it the other way around. Go to school and talk to the teachers because the
teachers didn't understand them. They were depending on their kids for what was going on in the
schools and depending on that particular child and believe me, not all the kids were running out
of the back door at school, but a sizable amount of them were because mainly the whole parental
system sort of broke down because of the need to survive here. And the parents were in the dark;
it was that type of situation.
Khoeun: [00:18:09] With the language barrier.
Higgins: [00:18:11] The language barrier. When it came time to go to student-teacher stuff at the
school, I witnessed firsthand. I got three generations starting from the 1980s and stayed friends
with those families all these years. I knew the stories from the kids. Even as they got older, they

4

�started telling more of the stories about this whole thing about depending upon what situation
you were in school, whether you were hanging out with a rough crowd or if you were just a
serious student and the parents would get a certain type of story. If you were successful in
school, then the parents would find out about this stuff. But if you weren't, you were still told.
They still told their parents they would do fine, but they weren't even going to school. But when
I did go to one of those meetings, one of the kids asked me to go. She was getting close to
graduation, and she wanted me to go as her parent.
I said, I don't look like your parent. That's going to be so obvious. I'm not your parent but the
situation was that she was just embarrassed not to have anybody from her family there. Her
father had left. Actually, they got another family somewhere else. There was a bad situation, and
her mom was just embarrassed to go because she couldn't speak to any of the teachers. She
wouldn't go. I ended up going as a stand-in. But it was sad that the parents couldn't be there. To
make a long story short, the parents didn't know what was going on. As far as the overall politics
goes and all that stuff, they were just not prepared for any of that stuff. I could see that the
representation among the parents, coming out and fighting against some of the bigots in the local
schools was just not going to happen because they weren't even showing up for the studentteacher meetings; they made it difficult.
Higgins: [00:20:25] It was different in the Vietnamese community; it wasn't that severe level of
trauma in the Vietnamese community. A lot of them were able to transition to the school system
a lot faster, and a lot of them sent their kids to Catholic schools. Once they came, my parents
found out about the Vietnamese kids going to the Catholic school. They get them out of the
whole gang culture and stuff like that. Then they started sending their kids to Catholic schools
like Saint Patrick's and Linda, her dad was determined to take her out of high school because he
was so worried. I mean, it wasn't like the parents didn't care once they started to find out what
was going on. But they handled it within the family. That was the thing, and they didn't go
interface with the teachers and or with other city councils and stuff like that. Now it's different.
Now it's totally different.
Khoun: [00:21:28] A lot of distrust with authority.
Higgins: [00:21:32] And there were some bigoted people in the community, the worst people.
Khoun: [00:21:37] What was it like to see the bigoted people talking?
Higgins: [00:21:41] That was embarrassing. I'm not from Lowell originally, but I came from a
town like Lowell, a working-class town. My family is Irish. We were discriminated against when
we came here. Like, mainly my parents and grandparents, always the last one to get a job. The
Irish need not apply signs in the store windows and stuff like that. But what was most
embarrassing about it is the light bulb mentality that all these groups get, like the Irish and the
Greeks, because of what is his name? That guy with “speak English”? Hilarious. He should have
known better. Just like the Irish should have known better. [Editor’s note: He is referring to
George Kouloheras, chair of the Lowell School Committee in the 1980s and 1990s and a leader
of the city’s ‘English only’ movement.]
But they developed this light bulb mentality where they came to this country they were
prejudiced against overseas and stuff like that. And you think that they would be more sensitive

5

�to people being discriminated against here, right? But as soon as they made it in, as soon as the
Irish established themselves, as soon as the Greeks established themselves, they just think we're
in a lifeboat now. We don't care about you people swimming, trying to get in the boat. In fact, we
don't want you in the boat because it's too crowded already. It is that type of mentality that's so
hypocritical because I think about it, and I talked to a few in the community about this that I
know in the Irish community and Greek community.
And in fact, my father-in-law was a part of them. He was Greek, but incredibly bigoted.
Marriage only lasted two years and we fought all the time because I tried to just look at it from a
viewpoint of human beings. We're all human beings, but we set up these artificial barriers based
on nationality and based on religion, but they're just ways to separate us. In the end, we're just all
still human beings. Unless we do something about it, we'll never survive as a species. But he
didn't want to hear that.
Once you go down that road, they say “We've got our culture and our customs.” And I go, that's
great. It's wonderful to have cultures and customs, but when you use them as a hammer against
somebody else, it's different; then, it's bad. You have to know when it's good and when it's bad.
And so we're fighting all the time over that. But it was an embarrassment to me, especially in the
Irish. Not so much in Lowell but in South Boston when they fought against busing. That was a
complex issue because even though the Black community didn't want to be bused into a white
school, but the overall thing about that was to get rid of this thing of schools being segregated,
and that's a good thing.
But the way they went about in Boston and to some degree, the way they went about it in
Lowell, was a little flawed. You can't force people into those situations. You've got to go in and
talk to the communities and have like basically town hall meetings where all the groups are
invited in to get to know each other as humans first, and before I think that's always the way
because it's always a lot harder to be evil against somebody.
If you've had dinner with them and you've shared a glass of beer or wine or whatever, but if you
skip that step, then it's so much easier to demonize them. That's exactly what we did when we
went to Vietnam. Our soldiers were trained to demonize the Vietnamese as all of them being
Vietcong as they term ‘gooks’. Right? That way it enabled the soldiers to see them as less
human, less human. In that way, they would pull the trigger easier because you don't want your
soldiers to have humanity because if you do, nobody would be killing each other. It's like they'd
have to go home and do something else, or maybe be friends, but it's just the way it is.
Higgins: [00:25:38] I was embarrassed. I was embarrassed by their reaction to it, but I have to
say, they did a lot. There were a lot of good people. I don't want to demonize everybody in the
Greek community and in the Irish community because the French, the same thing with them. But
all of them. There are good people in all those communities, too. Eventually, those voices started
to be heard that sort of countered the bigots in the community like George Kouloheras. There are
other people, other Greeks in the community that spoke against George Kouloheras and the same
thing in the Irish community. Whoever gets the soapbox first is usually the one that sets the
agenda. And that's all you hear about. We always hear about Kouloheras and other people think,
oh yeah, there must be some truth in what he's saying. But, if they stop and listen to it, they can
figure they know immediately it's totally bigoted, especially the Irish because that's the way they
were treated when they came here.

6

�Khoun: [00:26:36] Where are you? Where are you part of how closely did you end up with the
lawsuit? Like where did you end up working with the families or anything like that?
Higgins: [00:26:47] I was strictly in the area of all the people that I worked with on a Southeast
Asian project and not just the first book, but we did another book, a follow-up ten years later that
was all on a more personal level, and I it was weird. I just have a disconnect with politicians. Not
all, you've got Vanna Howard (MA state representative) who's wonderful. She is a non-politician
politician. But then you have so many others, even in the Cambodian community that, I won't
mention any, I don't want to mention the name in particular, but one of them was a student in my
class because I taught a class on film and all the students were Cambodian and Vietnamese
because it was a film-making project about them and their voice. They brought me in because of
my work in the community to teach them the tools of filmmaking and then let them tell their
story. But one of the students in that class later became a politician in the community. And we
have major disagreements.
Higgins: [00:28:02] You know mixing, not looking at people again as human beings and
repeating the same mistakes that the Irish did and the Greeks did, and others who don't look back
and they don't even want to walk in the other person's shoes to try to understand their point of
view. It's like to me a disease that affects every cultural group, politics, and, that thing about
once you get a certain amount of power, you don't want to let go of it no matter what. And look
at Joe Biden. Joe Biden is a good human being, a decent guy, but he is totally screwing himself
on this. And the way people are going to see him from this point on, because he should have
done the honorable thing and just agreed to one term just so we wouldn't have Trump in office
and then let the younger people come up, somebody within the Democratic Party, there's got to
be other people out there that have a strong voice, give them a chance. Instead, he is determined.
He's like a fighter who's been in the ring too long, like Tom Brady had a good sense of knowing
when he should quit football. LeBron, he's approaching the same thing. He's approaching 40
years old. But he's aware that he's going to be retiring soon.

But what's the deal with Biden? He's like 80 years old and he doesn't want to retire. I mean, it's
not the worst thing in the world to retire. People still come to you for advice and stuff like that.
He's doing a disservice. And if it turns out that Trump wins because of that, I think his legacy
and Biden's legacy is screwed. Don't get me going. It's like I get upset when I get into that topic.
Khoun: [00:29:30. Our next question will have to do with Vandy. Do you remember Vandy’s
death? And then if so, how did it affect you personally?
Higgins: [00:29:55] I do remember his death. And I remember I wasn't surprised by it. I was in
the second stage of the second book. The second book, I worked as a mentor in Tiny Rascal
Gang. A lot of the kids who are on the cover of the first book that Joanie and I did were in the
Tiny Rascal Gang when we started to try to find them ten years later, because we wanted to do a
follow-up on those kids who are on the cover of that first book to see what happened with them.
Where did their lives go? That's when I found out that 3 or 4 of them that were on the cover were
in the Tiny Rascal Gang. I tried to find out where they hung out. Like good luck would have it,

7

�because I love playing basketball, they played basketball down at Clemente Park. Well, it was
Palin Park or now it's Palin Park, was Clemente Park at that time. For me, it gave me an entree.
Higgins: [00:31:03] But the first time I walked down there, I was the only white guy down there.
It was all at that time, it was both Cambodian and Latino. When I went down there, they thought
I was an undercover cop. But then a couple of kids recognized me and once they recognized me
then I was in because I could be trusted because one of the kids was like the top person in the
gang, vouched for me. But then I got the reversal from the cops who thought, who is that guy
down there? First, I'm an undercover cop and then I'm a drug dealer because they thought I was
selling drugs to the gang, right? And unfortunately, I had made pictures for them. It was a group
shot we took of all the gang members, and plainclothes cops were down there that day, and I was
talking with one of my friends, a girlfriend of one of the guys in the crew and she wanted to see
the pictures. She was all excited and I took them out. And I should have never done that because
out of nowhere, this unmarked car pulled up. They jumped out, they grabbed the pictures out of
her hands, and it was a record of the whole gang. It was awful. It was this weird sort of moment.
I didn't know we were being surveilled. And then bang out of nowhere. That was a really
uncomfortable situation.
Later I was mentoring within that group. In the first book there was mainly the parents that were
talking to me about a lot of the situations. And I did hear about that, and I was seeing the
beginnings of that, like the tension between the white community and the teenagers and the
Southeast Asian community, mainly over on Bridge Street. That's where there was just like there
was just so much prejudice in the white youth community over there. And they looked at all the
Southeast Asians. They used that term ‘gooks’ to describe them as Vietcong because you guys
got to get caught up on your politics. I mean, this is not politics. They're not even from the same
country.
Higgins: [00:33:30] You've got three distinct groups of people. But the problem is when people
don't take their time to know about history. And I'm not I'm not trying to slam on them too
heavily, because a lot of those kids from Back Central and that neighborhood over there, they
had a rough experience, too. Nothing equated to the Southeast Asian community, but they didn't
come from the best of families. A lot of those kids were hanging out in the street and getting
away with all kinds of crap and not paying attention in school and not even going to school. So
how are they going to know about the complexity of Southeast Asian history? You have to keep
that in mind, too. You have to think of all the extenuating circumstances of why people are
coming from this place of prejudice. A lot of those white kids were coming from that place. They
had no clue on what was the difference between a Cambodian and a Vietnamese and a
Vietnamese and a Lao. It didn't surprise me at all when I heard it.
Higgins: [00:34:26] It was sad and awful, but it was just a matter of time before that was going
to happen. And then shortly before, well, not shortly, but before that when I was involved with
Annie Vong. She had the Humanities store for a long time. Her dad was killed by two white guys
down outside Boston. (Editor’s note: Cambodian Bun Vong, 35, was pulled from a car in
Medford, by two white men and beaten on August 4, 1985. He died a few days later.)
They got into a fight out of some traffic incident, and they beat him up and killed him. That was
Annie's dad. I was working on the first book when that happened in 1985. It was the oddest
experience going to that funeral. I didn't even know Annie personally at that time. I got to know

8

�her later because when she found out that I was a photographer that day, it is then we became
close friends. But she was only about four years old when that happened. I had to go to the
funeral, and it was a flashpoint.
Higgins: [00:35:38] What happened with Annie's father became a big issue. The whole Boston
area, Governor Michael Dukakis came to the funeral. Every politician came out of the woodwork
saying, “We don't tolerate racism.” I don't know how many of them were also saying, “You
should be speaking English in school,” but they're all saying what they should be saying that day.
They converged on Annie's mom when she came out of the funeral home. It was just
overwhelming, from all sides, all these news people from the different channels in Boston. So
that was the experience. They were at that funeral. I was close to that issue. Then later getting to
know Annie, and her experience with her eyes, when that happened, it's sort of how you get
involved. Seeing that on the state level was a pretty heavy-duty thing to see. It wasn't just in
Lowell. It was everywhere.
The pressure on Lowell was incredibly intense because all of a sudden, they went to a situation
where they had a school crisis on their hands, where to put all these students. And, given all
those dynamics that were going on, the violence, the school situation, I think in the end, they
basically, there were a lot of faults, but I think there were a lot of people going to bat for the
Southeast Asian community. And I think eventually those people started to win out over time. So
yeah, it was it was good and bad.
Khoun: [00:38:51] We're interested in learning how residents reacted to Vandy’s death as the
issue of school desegregation and neighborhood schools heated up. What do you recall about this
or any other episodes of anti-Asian violence in the city? Everybody talked about Bun Vong. He
was related to Lowell in some way, but he happened outside the city. Do you remember any
other incidents?
Higgins: [00:39:40] No, and it's not because I had my eyes closed because I definitely would
have heard about it, but there weren't many. There was a normal amount of stuff that goes on
with teenagers no matter what. If you're the other, even if you're French, German, Irish, Greek or
whatever, if you're a newcomer coming into a school, there's always a certain level of tension
and violence. What goes beyond that is yelling racial epithets at people and stuff like that and
take it to the next step. I didn't hear about a lot of incidences beyond these two that we just talked
about.
Khoun: [00:40:19] Do you recall how the city officially responded to Vandy Phrong’s death?
Higgins: [00:40:26] I think there are a lot of people with a conscience in law, and there are
people like we talked about the light bulb mentality and stuff like that, but there were a lot of
people that were grateful to be in a lifeboat and didn't forget about where they came from, and
those people ended up stepping out, meaning that they are there in a lifeboat now. They're okay.
But we were there once, and we got to give these other people a hand and let them come into
lifeboat two, as opposed to kicking them out of the boat, and I think that there were a lot of, just
as many of those people as there were the other, in fact, probably more so.
Eventually their voices started to speak up and try to help out in the community. The
International Institute. The people that sponsored us on the second book were wonderful. They

9

�set up, when things got overwhelmed in the school system, their own classrooms. But they didn't
say you had to speak English.
It was mainly Lao and Cambodians who took advantage of the stuff at the International Institute,
not so much Vietnamese, but the Vietnamese were a smaller population, too. They're only
roughly 5,000. Lao was maybe seven or 8 or 9,000, but Cambodian was closer to 20,000. And so
obviously the resources went more to the Cambodian community because of that. But the
resources were there for all three if they wanted it and the International Institute was a great
place that helped out a lot. A lot of people respected what they were doing and were supportive.
I have another shot in there (photograph) of the first woman to graduate from college in the
Cambodian community. This was in 1986. Everybody came to her graduation, and it was a big
news event and people wanted to trumpet this success. They wanted to say that there is some
light at the end of the tunnel type of thing.
Higgins: [00:42:35] And thank God if it wasn't that way, I would want to live somewhere else.
Khoun: [00:42:42] Last question. Why, in your opinion, do you think parents took the dramatic
step of moving forward with a lawsuit against the school committee and by extension, the city of
Lowell?
Higgins: [00:43:00] I can't answer simply because I don't know the particular parents that went
forward with that. But I did have a question for you about that. Are you talking about the parents
in the community? Are you talking about other parents?
Khoun: [00:43:13] So far, we've gotten information about the Latino community and the
Cambodian community. But it looks like the Latino community was the community leading the
charge on the lawsuit.
Higgins: [00:43:36] Would be hard to get back there because back then there was a huge
disconnect and most of the parents couldn't speak English. They were having that problem with
their kids picking up the language very quickly but depending on the kids as translators. Things
got lost in translation. They would have been ill-equipped to go in and confront teachers and city
councils and stuff like that. And it was the dynamic of what we talked about with the trauma.
There were a lot of reasons why that was; it wasn't because they were lazy or they didn't care.
They cared a lot, and they worked twice as hard. But the thing is, there were those other
dynamics that I couldn't see them going into those situations and advocating because they didn't
have the tools, like they do today. It's a totally different landscape today. And I think also within
the Vietnamese community, in the Vietnamese community in Vietnam, the French were very
instrumental in the educational system. The dynamic was different between the two. I mean,
there were a lot of people that gravitated towards Saigon at the time and got their education and
stuff like that.
Higgins: [00:45:00] Once Lon Nol came to power in Cambodia, everyone talks about the golden
age of the 1960s and Cambodian rock and roll and stuff like that. It was a beautiful time in
Cambodia, but quickly it devolved because of certain politicians. They knew they were in a
position where they could influence things, and certain politicians took advantage of that.
Unfortunately, a lot of people misplayed their hand. In the end, it turned out to be a disaster.

10

�Sihanouk went into exile. There was so much disarray that even before the Cambodian refugees
at the time it was labeled as refugees came here. They had already gone through 4 or 5 years of
trauma and the beginning of the breakdown of the government before that. A lot of them were
agrarian. They were outside of Phnom Penh and they were dependent upon a strong network that
would connect them to an educational system. And I just don't think it was there; that would be
like a whole other area of study. But I always felt like the Cambodian community got the short
end of the stick because they came here with these disadvantages.
Obviously, of course, it's going to take them longer to get up to speed. The Vietnamese get up to
speed relatively quickly, because I know a lot of people in the Vietnamese community and how
quickly they get into the educational system that that route into, like, higher ed in a Cambodian
community took a lot longer than it did in the in the Vietnamese community and allow was
somewhere in between, but for good reasons. There were a lot of reasons why. And that brings
us back to the other thing about why they could possibly be seen as not proactive, or who are the
ones that were active. Probably very few for all those other reasons, which to me says a lot about
how they were just determined to survive. That was their number one priority, keep the family
alive and survive and then, take things from there. And now it's interesting. It's hard now because
I think I'm mainly about Monica's mom and Linda's mom. It's weird because in their generation
there's more even now, a sense of isolation, even though their kids are like Linda and Monica,
great to their parents, they're there all the time. But I think all those years of having that
disconnect had taken that toll too. It is a complex situation.
Khoun: [00:48:03] We were learning he seems easy to forget. And even a lot of the elders in our
community have no clue. He can tell me two other people that fell in the river around 1987, but
he can't tell me about Vandy Phrong. Why do you think that Vandy has been so forgettable?
Higgins: [00:48:32] It's a sad thing, but I think if you think about all that we've discussed right
now where were the people's thoughts, right? I think it's hard. I've seen how close parents are
with their kids. But also, I've seen the damage that post-traumatic stress has done and that trauma
has done. I think that that mentality was for a lot of people, we've just got to move on. And in
fact, because you talk about we talk about this one particular issue, but then you talk about the
whole genocide and how the parents, it's so hard to get them to talk anything about that, and
what struggles are within our own crew, because a lot of our work is based on the experience of
the parents, of the people in our crew. In fact, in a social club, they're basically playing their
parents; Monica is playing her mum and dad in 1995, but in a different reality. And so this recent
film is that, what if there was a different reality and my parents at the time said, we don't want to
be defined by the genocide anymore. We want to be seen as just like everyone else, searching out
a wonderful future and experimenting with different things and not always looked down on as
“just people of trauma.” That's why we came up with the idea for the Survivor Club. We pretend
that Monica's parents went out to Arizona and opened up a little roadhouse and stuff like that.
They start to get in touch with the whole thing with the migrants coming up from Mexico. We
delve into that issue about how even the Cambodians aren't immune from that type of prejudice
against people that aren't in the boat yet. Because in the Sahara Club, Tim's character, he thinks
that Monica is way too lenient on the migrants, letting them hang out at the club and stuff like
that, and saying, everyone's starting to talk about us in town. Even the mayor. The feel good
mayor doesn't want to talk anymore. He's worried about the repercussions to him and the
business and that type of thing. We addressed that issue about, well, we’re all susceptible to that.

11

�But the overriding thing is our club is the willingness to reinvent themselves. And there were
some people in my community at that time, but most of them didn't have the tools to do it. Then
we go back to your questions about back in the 1980s, that even fewer tools at that time, we're
talking about the parents and to deal with any of those issues and the fact that forgetting about it
was just another means of survival.
Khoun: [00:51:15] So do you think it will be I don't know about timely, but a good time to bring
back Vandy’s story.
Higgins: [00:51:32] The thing is, it could be anybody's story. That story. The thing is, I think as
far as human life goes, every story is important. Every incident that happens is important. I
would say yes, of course, but how much it's going to resonate within the community, I don't
know, for all the things we just talked about. That's one of the things about trauma and for better
or worse, it shapes you in ways that are both good and bad. I don't know what the reaction is
going to be to that. The other thing and this is it's mainly the sad state of our society right now.
There are many other issues that are verging on catastrophic, like climate change and the fact
that Trump gets back in office and forms a dictatorship and all this other stuff that people are
feeling under siege. It is hard. And because I had a discussion with this one guy about empathy
and he literally yelled at me and said, empathy. He goes, how can I even think about empathy
when politicians are blah, blah, blah, blah and stuff like that? Well, doesn't it all start with
empathy?
If you want to make any change, we change to something better than what we have now. I don't
know. I think empathy in some ways is in short supply. And I think it's going to reflect on this
particular story too. In some way, I don't know. There are always good people out there and we
should never forget any incident, including this. But there are other people who are just sort of
overwhelmed, and they probably don't even want the memory to come back. And there's not a lot
of people that will tell you that. But I think that's just the reality of the situation.

12

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                    <text>Charles Gargiulo Interview
Interviewers: Robert Forrant and Chandaranee Khoeun
June 27, 2024
Forrant: [00:00:12] This started to be, and it still is in many respects, an investigation
into the death of the young Cambodian boy in the canal in the Pawtucket Canal, and that
was associated with school stuff and everything that was happening. This has proceeded
from there to become a bit bigger of a story than we had initially intended, which is fine.
Now we're trying to understand better the larger issue involved because the organization
is funding the research.
We're interested in anti-Asian violence in Massachusetts during this time period and how
that played out in Lowell and, again, obviously, the death of Andy, but how this all fits
with the schools, with Kouloheras, with the school committee, with everything that was
going on in the city. I know you were integrally involved in that from the perspective of
CBA and the community. And when we got the court documents, which we got a couple
or three weeks ago, in those, as we were looking at them, your name is all over with
letters.
Forrant: [00:01:41] We found all of that. And then I said we need to see if you'll talk
with us about how you became involved. The first question is in terms of the schools and
CBA, what was going on in the city? What drew you to become involved in the school
desegregation lawsuit?
Gargiulo: [00:02:16] Well, I think it's because, I think I sent you before even CBA
became a thing, I had been involved with a couple of levels after I got out of the Army in
1970 and 1976 and went to UMass Lowell. And as a student the last couple of years
graduated in 1978, when I was a student there, I was trying to find out what had
happened to Little Canada and all of that stuff, trying to get the answers to have after
being displaced from there and that's when I started to become aware of all of the, plus
my own readings, just the way the world works and all, systemic issues and about class
and race and even when I was in the Army, I had had some encounters around issues of
racism, and I had become actually involved voluntarily worked to be at the end, to try to
become part of race relations equal opportunity section with 10th Special Forces Group,
which I was stationed with. I was working with the sergeant who was a mentor of mine,
Robert Williams, who an African American guy, basically, who had found out that this is
a long way to just try and give you some history of how I got into it all, but a lot of black
soldiers at the time were, were giving to this United Way kind of thing.
Gargiulo: [00:03:52] The Army had called a combined federal campaign equivalent to
the United Way. And there were a lot of soldiers at the time. People were coming away
with sickle cell anemia, which primarily affects African Americans. Some others, too, but
mostly African Americans. A lot of people contributing black soldiers were contributing
to sickle cell anemia. They put on a form that had other the list, a bunch of different
things that could contribute to and check off. And then you could write in something.
When people wrote it in that they didn't actually give it to that charity, they took the
money and distributed it to everything else. We found that out. I got angry about it. And
with Woodside and Williams we took on Fort Devon's about the issue, saying this is just
1

�wrong. And, ultimately, we were able to finally get them to not only, we've organized
some other soldiers to put things kind of a little jeopardized and do when you're in the
Army, but we did it anyway and it actually worked out in the end.
Gargiulo: [00:05:01] And I ended up getting a commendation medal as a result of it
because we got which was garbage, because it was, I think their way of covering the fact
that they weren't doing it in the first place but make it go away. Right. But now it was in
all competitive confines from the future. They could check it off and it was there. Not
only that, we instituted a whole bunch of on-base sickle cell testing for families and
soldiers that were in there. Anyway, the whole story is that from there, I learned a lot
from Sergeant Williams on the issues of racism. I knew class, but I never understood the
impact that goes way beyond what I heard as we became friends and learned the issues.
When I came back, while I was going to school and everything, I still lived in public
housing, but from the time I went in the Army and by the time I came out of the Army,
all the white flight had taken place. This was before the Southeast Asian community
came in.
Gargiulo: [00:05:57] This was mainly Latino, the Puerto Rican community was
primarily Puerto Rican initially, not Dominican, Colombian, little Colombian, but
predominantly Puerto Rican. That was the sort of housing project that I had left, which
was almost all poor white was now at least probably 60% people of color and I lived
there, and it was just my neighborhood now, and it was right across the canal. It was the
Triangle. And that was almost probably 80% now Puerto Rican and that's why it was
targeted. But at this time, that's my friends, that's my neighbors, that's, so it wasn't an
issue to me, like my old friends, suddenly finding out they're all racist about Puerto
Ricans? Even my friends, I mean, there's no they're no different than you are, but we just
became friends, and it wasn't a big deal. It became clear that community is being targeted
precisely because of who they were. And that struck a chord with me.
Forrant: [00:07:05] When you say targeted, what do you mean?
Gargiulo: [00:07:07] Because it targeted by the urban national park coming in weighing
and Lowell's economic revitalization in the late 1970s, early 1980s.
Forrant: [00:07:16] Targeted in the sense of trying to move them.
Gargiulo: [00:07:18] Move them out, forcibly displace them, because now the Acre
triangle was right next to downtown, which, it had been like Lowell was a depressed city
for all that time. Nobody cared? All of a sudden, that land was valuable because of where
it was situated. And, another thing they wanted to they wouldn't say it, but it was obvious
that witht all of the planned tourism that they were trying to bring into downtown because
of the urban national park, nobody would say it. But what was going on was that they
were afraid that all these tourists would come in and see people of color and not want to
come into the city. They tried to clear the Puerto Ricans out of that side. On the other side
of the city, they had an African American, one of the only ones left, a small one in the
city, mainly living in Bishop Markhem housing project. If you look at it concentrically,
around downtown was people of color.

2

�Forrant: [00:08:16] Where that central plaza is right off Gorham.
Gargiulo: [00:08:19] The big housing, yellow projects. There used to be a family
housing project. They converted old projects, threw all of those families out.
Forrant: [00:08:27] Any way you're driving in, you're not driving in through a
neighborhood of color. Right? The same way with Hale Howard.
Gargiulo: [00:08:32] Right. Exactly. Which was the same piece. And it became clear,
fortunately, because now I was getting an education and I understood how these things
work. I did the Paul Revere thing and go and tell everybody developers are coming, and
they're coming for you. They came for me, and my family and we were marginalized as
French Canadians. That's a totally different thing. It wasn't race, but it was marginalized.
Still, even when the French community was looked down upon because we were the
inner city French Canadians, were not right out the window.
Gargiulo: [00:09:16] All of a sudden, through that class kind of connection, I felt more
in common with my Puerto Rican neighbors in some ways than some of the people who
had now moved on and looked down on what was going on here. That's what organized
CBA. But, at the same time, I'm a parent, I have two children now, and they just started
school.
Forrant: [00:09:45] That’s the connection.
Gargiulo: [00:09:46] This is the connection. That's how I get started. Independent of all
of that stuff that I'm organizing around, don't let me forget the arson fires, but around the
arson fires that were really organizing around, I'm also on a separate track, becoming a
parent involved in my kids’ school. And that was the Green school, which doesn't exist
anymore, but it's the one next to the Smith Baker Center, the brick building there. That
was a little elementary school from kindergarten, I think K through two or K through
three.
Gargiulo: [00:10:23] Then you went to the Bartlett School, which obviously still exists.
Initially, I was a parent and got involved in the Green School because then when Charlie
was older than Belinda, was three years older. Then he ended up moving to the Bartlett. I
was a parent in both schools. I was fighting initially as a parent. It became I got involved
with the Title One program. I don't know if you're familiar with that and other kids and
things because these were the poorest schools in the city. I was, you're already dealing
with just the class issues of the idea that because they were the poorer schools in the city,
they weren't getting anywhere near the kind of resources that the schools in Belvedere
and the other places were getting And that's where my first fights were, getting involved
with what the hell is going on here? Why aren't we getting the resources that are
necessary? I'm talking to the teachers, and I'm developing some rapport with some of the
teachers and getting some of the inside story on things.
Gargiulo: [00:11:39] I'm agitating on those levels. And while I'm doing that again now
as I'm developing, I'm having friends who are my kids friends, Puerto Rican kids that are
going to the same school. And I know their parents. And then all of a sudden, I'm

3

�realizing, as bad as it is for my kids, I'm seeing these kids in these bilingual programs and
other things, just hearing the level of contempt coming from some teachers and within
some, some people who probably don't think that they can talk to me that way because
I'm a white guy. I'm thinking and you push back on it, but it's just the idea until in the
early stages you're hearing this stuff and realizing, wow, this stuff is what's going on.
Forrant: [00:12:40] If they're so casually talking to you about it, then what's happening?
Gargiulo: [00:12:43] Before they realize who I am and what I stand for, they assume that
I feel the same way. And they're kind of going on about, oh, well, how can you teach
these kids this, that or whatever, and parents don't care. It's that you're hearing all this
racist stuff going on. Nobody's going to be able to fool me anymore about where they
really stand on some of these things. In addition, the kids, there were some of these
bilingual classes and other things, kids were being one case were taught in Boiler Room,
they were literally, they were isolated from everybody else. They had inadequate staffing
and teaching. They were just warehoused..
Forrant: [00:13:27] We have some photographs from the court case of kids sitting in a
hallway with a teacher sitting on the floor in a hallway with a teacher.
Gargiulo: [00:13:37] And one was just a heated boiler room. Some of the teachers were
trying their best, some of them, their aides, they would hire aides and other people, but
they were just not giving any like whatever. And it was just a warehouse and get the hell
out of way because they were forced to do it and it was very clear that the inequities were
just outrageous. I started to make an issue of that because a lot of the parents were
intimidated or didn't quite understand the system yet. I didn't want to wait till I organized
everybody. My initial stage was just to advocate, just to somebody to just say, this is
wrong and to take it on and then over time, as I think I tried to say in that little thing to
where I knew that it would be a process. But I can't be the voice for this thing at some
point. I will take it on and until we can then get this other track of trying to see if we can
get parents organized and other things to the point where they can start to feel
comfortable and able to take the system on itself.
Forrant: [00:14:58] And that's where the lawsuit eventually in 1987 originates.
Gargiulo: [00:15:01] Eventually, but not initially. Right.
Forrant: [00:15:05] You don't know when you're what you're describing now. You don't
know there's going to be a lawsuit. Essentially this is building toward that. Right?
Gargiulo: [00:15:14] And what it did. And that's what I took advantage of that when I
think was in 1983 or so, this whole model for educational excellence thing that almost
kind of inadvertently kind of the stuff I was showing you gave me a way to kind of.
Forrant: [00:15:28] Get ready to run.
Gargiulo: [00:15:29] For something, make that voice a little stronger because at that
point, I had already been we were doing the parallel track of saving the Triangle, and I

4

�kind of already become kind of a flashpoint in the city with CBA, heading CBA and
everything but it also gave me a little bit of clout that I could kind of force my way on to
one of these committees to be part of this thing. And that's when I realized, oh, my God,
even this thing which is supposed to be a progressive alternative, I wouldn't say
progressive, but a liberal alternative to trying to improve the schools A recognition that
the schools aren't good and that we need to reform. But it was one of those reform
movements, let's get better curriculum, do things of teacher training. But as you saw the
stuff I sent you, even with the Department of Ed. has cited all of those outrageous for
equity violations since the mid-1970s.
I almost forgot before the model for educational Excellence, I was involved with the
Lesley Teacher Project as a parent. There was a project, and I don't know if there's a way
of getting that. There must be, maybe through Lesley College. There was a study in
Lowell before the Lowell Model for Educational Excellence through the Lowell schools
and the Lesley Teachers College. They did the whole thing to evaluate the schools. I was
on that thing. Ultimately, when the final report came out, there was a pretty blistering
account of the inequities in the school system; the violations, in writing, the institutional
racism, and the whole school system was incredibly severe.
Gargiulo: [00:17:24] Tsongas and the Lowell Model for Educational Excellence had all
of that stuff. They knew they can't pretend ignorance. It wasn't like they didn't mean to do
this. Maybe they weren't aware of how significant it was. That's garbage, because the
Department of Ed had already cited them twice. And there was this law. It just meant that
it was clear that they were making a political calculation, that if they wanted to get the
things that they wanted. His main thing was getting the businesses involved into the
school system, that if you wanted to do that, he was aware that racism was so deep that
the populism of Kouloheras and those people around those issues were already so angry
about the linguistic minority kids in the school system and blaming them for everything
that's wrong with the school system, that he took the coward's way out and the people
with him the reformers took the coward's way out and figured, well, let's not touch that
one, because we already got enough that we're going to have to be taking them on a little
bit about some of the patronage and some of the other kinds of things that professionalize
the school system, that if we start bringing up the equity thing, we're going to get so
much blowback, right?
Forrant: [00:18:47] That and of course, there in in Lowell, Lowell is a city that's close to
Boston, obviously, and the history of busing in Boston and the way that the city blew up,
between South Boston and Roxbury and whatnot, I'm sure that's fresh in the minds of a
lot of people here as well. We don't want another scene, right? We don't want that issue
tailing after us, especially because Dukakis is getting ready to think about the president,
and Tsongas is doing his political thing.
Gargiulo: [00:19:26] Ironically, Tsongas was going to run for president before he got
sick. Before he got sick, he was actually Dukakis picked up what he was going to run on
and Paul was going to run on that, and he would. And that's where the early days of CBA,
we were able to play that before he got sick because that's where he was vulnerable
because we knew he was using Lowell as his thing. “The miracle.”

5

�Forrant: [00:19:54] He was going around talking about the miracle.
Gargiulo: [00:19:56] That's why when we started to hit on the Acre and other kinds of
things, we were going to destroy that story. We started to get into the national media to
basically say, oh, yeah, you think Lowell is doing good? He had to kind of get the city to
finally back off after you ignored our attempts to try to do that.
Forrant: [00:20:14] You have two children in the schools? Through the acquaintances of
parents, of your kid's friends and just what you know in the city and also obviously being
an organizer at heart, you're poking around, you're looking, you're looking, and you're
seeing what's going on. You were aware before then of this history from the early 1970s,
people pushing the schools to be more cognizant of, bilingual classes and things like that?
Gargiulo: [00:20:51] Well, around the same time, it was apparent because of a parent. I
got involved with the Lesley College Teacher project and other things. My eyes and
experience in the schools and working with other people who were confirmed, other
people outside professionals, I'd say, and inside teachers and other people who
understood or were upset about what was happening, too. They were doing the
professional stuff, and I was being the agitator. This is building and bubbling, and the
school committee is opposed.
Forrant: [00:21:27] Parents keep organizing by 1987, by February, March, April 1987.
It's coming to a head, right? We've been reading in the newspaper and we talked to the
attorney for the parents a few weeks ago, and he talked about this big community meeting
where there were about 100 parents there. Then they needed translation and Kouloharas
started screaming at them and running out, wouldn't hold the meeting. Were you at that
meeting?
Gargiulo: [00:22:12] I wasn't at that meeting. I know it resulted from when the Englishonly thing came about, which, of course, Kouloheras, Stoklosa, and people like that were
behind. I was always upset that they were intimidating people. One of the things that I
don't know if the Meta guy knows this or not, but I wanted to turn the tide on him
because we organized a big committee meeting at Smith Baker Center.
Forrant: [00:22:59] Oh, this was when you were going to debate him, right?
Gargiulo: [00:23:00.] I wanted to because I had a long history. I grew up in Acre, and I
knew his son. There's another story around that. I knew who Kouloheras was and it was
ironic because I'm kind of the white ethnic, tough kid from the Acre. They always prided
themselves on being tough idiots from the Acre or whatever. He was intimidating. I don't
know if you know his history. He even punched out a city councilor once, this guy, little
guy, Robert Kennedy, of course, he picks who he's going to punch out, right. He
intimidated a lot of people. He was very blustery, and the thing is that he knew he
couldn't get away with that with me because I had enough of the street cred stuff with
him, too.
Basically, it was one of those things I was, okay, God damn, boy, you want to debate,
let's debate. We had a big event at the Smith Baker Center. And in this time, we

6

�organized; okay, this is your thing, let's have a debate. He's always threatening people,
wanting them to debate, wanting to do the bullying, these meetings and stuff. Usually
people don't want to do it and get away. I just turned the table. Let's have all the
community folks and everybody else. We all had a big event. He didn't show up. He was
too cowardly because he didn't control that setting.
Gargiulo: [00:24:47] And this time, people were going to turn on him, have people
organized, and we were ready. I would be the front guy up there to have the debate. But
obviously, I'm debating on behalf and everybody's kind of there to cheer the whole thing
on. Why we did that was, again, to try to get that whole sense. And just as we did that
Save our City Committee, and we ended up targeting Sean Sullivan and got him removed
from the school committee and kept Regina Fatacanti and Marianne Sullivan from being
kicked out of the school committee. Regina is still on the school committee.
Forrant: [00:25:39] And you're talking about 40 years.
Gargiulo: [00:25:41] Back then she got on primarily in the early days because we were
trying to get people who would support the thing. And we knew that even if we got this
court at the time, the court thing was going to happen, while the English-only thing was
going on, it wouldn't have done any good if we had a majority of School Committee
stayed in place, that would have done nothing but try to oppose it all the way. The irony
is the English-only initiative benefited the community because we energized people to
come out and vote. Making it clear to people, we're not going to win this, they're going to
win that referendum. All right. And it was aimed at them, and it was aimed to intimidate
people in the community, both Latinos and Southeast Asians. It was basically a white
grievance kind of thing that said we're sticking it to you, even though it was
unenforceable. But, obviously, it was filled with hate and bile.
Gargiulo: [00:26:49] And we would go around people and organize people. These
people that are telling you, telling you can't fight back against them, let's register to vote,
get out there. These people happen to be on the School Committee, and we can target
them, and they won't know because those people are not the white power structure of
theirs. They didn't know if people were organizing in the communities of color because
they had no connection in the communities of color. They knew this whole time that we
had 1,000 people prepared to go bullet vote, to say, because they were educated and
explained to people that we can't win English only but go out there and vote against it.
But you know what's better than that? Because that's not going to mean anything. It's just
a symbolic thing just to insult you. All right, they'll win that. We can't stop them from
winning that.
But that doesn't mean you're powerless. In fact, it gives you a great deal of power because
you can make them pay the price. Because we knew we couldn't knock Kouloheras out.
He's too high. But Stoklosa and Sean Sullivan, were always the ones. Well Sean the first
time but they were, he was coming fourth or fifth or whatever. They were vulnerable.
And Mary Ann and Connie were very vulnerable. They supported us on this issue. And
we said if you all go and vote just for Regina and, Mary Ann Sullivan, you'll tip the scale
.

7

�Gargiulo: [00:28:43] Make it very, very clear that this is the purpose. And explaining the
idea that it's a majority that makes the decision. A lot of times people get behind a
candidate, one person, and we're making a point that doesn't mean anything. If you lose
every vote 6 to 1, what good is it, if you lose every city council vote 8 to 1, what good is
it? But the key is can you develop a strategy where you can win control of the majority?
We knew that that's what a majority tipped ironically, that's where the majority tipped.
When a court decree did come in and everything and…
Forrant: [00:29:21] And that was the deciding vote, right? Because there wasn't a vote 4
to 3 or something like that, to accept the consent decree.
Gargiulo: [00:29:29] And if it hadn't been…
Forrant: [00:29:30] It would have flipped the other.
Gargiulo: [00:29:31] Way. It had been Sean Sullivan and Stoklosa on there. And they
would have
, they would have been a majority.
Gargiulo: [00:29:36] And it's the people in the community that made that happen. This is
quite a thing going on, which is great. We identified some parents and had them go to
Meta. And that's when I said, okay, this is now. There were parents willing to do it. The
CBA helped get some people to contact Meta and be part of the lawsuit. We still had a
grassroots community organizing campaign at the same time.
But what I think helped the lawsuit, too, was this equity committee thing that we did on
the Lowell Model for Educational Excellence. We did that report that called out some of
the inequities that were going on and the violations. And we sent a letter to (name), who
was the superintendent at the time, and the school committee saying, you're in violation
of the law. There's no excuse to say that you don't have the funding because the law says
there's no excuse. You have to fix these things. And they could lose.
Forrant: [00:30:47] Funding, right? If they didn't do it, they could lose funding.
Gargiulo: [00:30:51] We did this by using this Lowell model for Educational
Excellence, by getting that equity, by getting the whole thing forward, then at least made
her an appearance. The city would never be able to pretend that they weren't notified or
told about this stuff, but I don't know if or how they may have used that in the court
thing, but it sure couldn't have hurt their cause because we even had the articles and
everything else approved that, we were agitating and saying, you're violating the law.
And, because they never fixed it, they filed suits through Meta. Then the city ultimately
led to that. So, we weren't involved in any of that stuff that their job, the negotiations,
what I came in with Meta.
Forrant: [00:31:38] The plaintiffs in the lawsuit on one side, just so I'm clear, they're on
one side trying to figure out a way that's either going to go to federal court or it's going to
in some way get settled, but behind them in a way, is this larger community organizing
going on that's publicizing, putting pressure on the city. Right? It's parallel tracks?

8

�Gargiulo: [00:32:02] Yes. And then also try to see if we can win that school committee
over, if in fact, they did win something and make sure they did, because.
Forrant: [00:32:09] Otherwise the court, it's almost moot, you can win and lose.
Gargiulo: [00:32:14] And the other thing that then we also try to do and the parents were
dealing with, that, what I tried to do through CBA, I think maybe you could see through
the letter I sent you some stuff about that. We were agitating in the media. While doing
that, our goal and I talked to one of the media people about this. I don't know if it was
that lawyer or someone, they had more than one person who was working with them, but
somebody I had talked to who kind of wanted to make sure we weren't messing anything
up, but basically saying maybe what we can do at the same time is say some of the things
allowed, and still put even more pressure to help strengthen your bargaining position. If
you may have seen, I sent him some of the stuff where Eileen Diaz and I would, this the
headmaster from Lowell High had died. Arthur O'Neill, I think it was, while the suit was
still happening. We started to agitate publicly about, seriously thinking about, you make
sure when you're doing your search, you're looking for a person of color or somebody in
this position because your whole staff is white. That's where we started to agitate about
that. When the superintendent position came up, we did the same thing. We started to
push this whole issue, the idea that everything's all white. You got all these students
coming in, you don't even care.
Gargiulo: [00:33:49] We start agitating, saying, back when you could an affirmative
action plan. You can't just be saying, oh, we're an equal opportunity thing and you need
to actually start implementing measures, and we found other people that had done
affirmative action plans in other places where you could develop a formula that would
force the city into hopefully into agreeing if you were serious about it. Here's the way you
can institute it and start to really do it. And also, which of course they didn't do, but we
were agitating for that. Then when, obviously, they weren't able to make that happen in
the settlement. I'm sure they pushed for it, but they, that's where they probably had to
draw the line and what they couldn't do.
We just at least wanted to put it on record. For future generations or other kinds of things
that make it clear that I knew it wasn't their fault. That was as far as they could push. And
we didn't want to jeopardize what they were winning. Right. To do something that was
not winnable. But it still was up to us to give witness to it and to go on record, say that,
yes, it's great, but this is still wrong. It's not going it doesn't go far enough because it was
easy to predict. It's easy today because it was not one of the things to be enforced. They
never did anything around the employment stuff.
Forrant: [00:35:22] In the sequence of things, if I'm understanding starting back in the
mid-1970s, people are pushing to desegregate the schools. There's an attempt at some
amount of busing to move kids around, but neighborhood schools still pretty much are
they are the dominant by the early 1980s mid 1980s, the population changes dramatically,
and, the largest influxes of newcomers are living in very specific neighborhoods like the
Acre or Back Central and they're overcrowding the schools in those neighborhoods.
That's when people are in a boiler room or whatever it is for bilingual education, parents

9

�begin to organize themselves. They get ahold of Meta, start organizing themselves
legally. This big meeting happens with Kouloheras walking out of the meeting,
supposedly in the Lowell Sun or some account. The lawsuit gets filed and is pending
when school starts in September of 1987.
That's when Vandy gets killed. How does that work? We've talked about this. I've talked
with a lot of people who know it happened, but they don't. It’s almost a phantom thing.
It's hard to believe if it happened today it would be missing from the story. That's one of
the things we're curious about regarding historical memory.
But when that happened when this 14-year-old loses his life what’s the reaction? What do
you recall as the reaction in the city? Kouloheras’s first remark is it's the parents fault.
He's quoted in the Lowell Sun saying, if it wasn't for the parents agitating the way they
were, this never would have happened. Right. When I read that, it was whoa.
Gargiulo: [00:37:57] Well it's funny, not funny, but a bad way of saying it, but it's ironic
or whatever. Is that the tragedy of Vandy? I mean when you're asking how it has affected.
There's two ways. Clearly, you get that Kouloheras response. The sad thing is why it
didn't particularly stand out all that dramatically, I think with especially maybe with my
experience with people in the community and everything is because it was a death, but
the violence wasn't started with Vandy. There was violence that was going on with
people of color before the Southeast Asian community. What's ignored is the violence
directed at the Latino community in this city. So that I was more familiar with.
When Vandy happened, there was a guy a couple of years before that I forget, I don't
know, but it was that was also killed. I don't remember his name. I think it was Bond or
something who was murdered by people in the city, and and they denied it was a hate
crime, but it certainly looked like one. But we're talking death. But a lot of people that are
close to death, a lot of people are getting killed.
Gargiulo: [00:39:39] Eight people died in a fire on Decatur Street. Latinos that were
killed on Decatur Street. The guy gets railroaded, put in prison. Victor Rosario, who
never committed the fire? Why was that allowed to happen? Because the racism was so
intense against Puerto Ricans at the time in the city. The Lowell Sun used to have them as
rats jumping off a ship. The Lowell Sun had editorials that would say things like these
people, every everything they touch turns to garbage. They're literally saying the
Hispanics are any place in the world, they tear up people living in these jungle towns in
the Acre, blaming everybody in the Acre for what was happening. Really vicious, racist
stuff.
Why is that important? Because there are arson fires that were targeted to drive people
out of the Acre Triangle. And in the Puerto Rican community, there were arson fires. We
were convinced that they were 'development fires'. There were fires set to scare people
out because we were organizing there. That's before CBA started. That's what I was
organizing in the Acre, because it was right across the canal from where I live, and I had
friends who were afraid of burning to death at night, because the abandoned building next
to them and they have three kids and that's been set on fire three times already.

10

�Gargiulo: [00:41:07] And it's just, but for fortune, it didn't just connect with their
building in the middle of the night. And so, everybody who could got the hell out of
there. The message was scary if you. But everybody left there was too poor to move. And
that was where they were. They had to live in fear of every goddamn night. They had an
arson squad supposed to be a professional arson squad investigating. We used to have
meetings and would complain with them saying, why aren't you doing anything? Clearly
these fires are being set to drive people out. That's what happened in Hale Howard.
Because after Little Canada in the early urban renewal projects, there was blowback
finally, because all that stuff, the way they got around the blowback, if they wanted to do
a new kind of remove you out, they couldn't just do it that easily. Now you had to form
committees, or you had to at least pretend you were doing stuff. Kinds of things make it a
little bit more difficult and shorter. There was relocation money and everything else like
that before you could clear a neighborhood and what they developed in the early 1970s
and the Hale Howard and the other kinds of displacement forced displacement projects is
they would have these phony little committees.
Gargiulo: [00:42:24] What they would do is start arson fires to scare people out. That
way they could break up those committees from happening and make it difficult for
people to organize. Because if people someone leaves are just if they can get out, they're
getting out because they don't want to burn it down. And it's an intimidating kind of kind
of way. Knowing that it happened in Hale Howard at a place the arson squad knew that
too. And we were going to them, that this is what's going on here now, why aren't you
investigating to find out who's setting these fires and instead, all they would do is say all
their public announcements. And anytime you do an arrest, it was always going after
some Puerto Rican youth. It's all the Puerto Ricans. You understand the Puerto Ricans are
all setting these fires. They're doing it to get into public housing. These are abandoned
buildings; they're not getting into public housing because it has to be your house that's
burnt down to get on the list. We used to go to meetings and say to him you're making it
sound it's a Puerto Rican DNA thing.
Forrant: [00:44:23] To go back a second. If I understand that this death is just, and I
don't want to sound cruel, I'm not. I don't want to say just, but in the bigger scheme of
things, people in the city, it's just the normal course of events?
Khoeun: [00:44:55] When we were talking to Mr. Yem, the vice mayor of the city, he
kind of said a similar thing, actually he mentioned, it's one death compared to because
they just all of them just moved out from the Khmer Rouge or they escaped the Khmer
Rouge. One death compared to two million. They just came out of a genocide. It's how
much can they do? I understand what you're saying with that because it seems like other
people have that same sort of mentality. It's there's just so much violence happening that
it's hard to pay attention and really focus on one.
Gargiulo: [00:45:30] I think what I'm also trying to say is the idea is of course it was
hard, but it was like, you mean you haven't paid attention to all the people being almost
killed? All the hate crimes are being committed.
Gargiulo: [00:45:49] Well, no, no, no, we were organizing. We were fighting against it.
Yes, yes. And we were we were fighting to stop it. The problem is, is that people, the

11

�people who could have and would have and should have been trying to stop it, they didn't
want to stop it because they were racist. I think they were just as insensitive to what
happened to Vandy as they were just as insensitive to what people were being beaten up
or when they were being threatened with arson fires. If you didn't care, then why would
they care about Vandy now? We were upset about trying to get people. We were trying
to, but the people who were upset about Vandy were already upset about the violence that
was going on. We were continuing.
It wasn't going to begin and end with one death. There were going to be more deaths if
this stopped because everything was being that's the hostility was talking about. What
allowed the arson fires to keep going on was nobody cared because it was Puerto Rican
families. It was easy for people to listen to the arson squad when they would deny our
claims. That was development fires, because it was easier for them to say it was Puerto
Ricans doing it. And then everybody would kind of go, oh, of course. When that's what
got Victor Rosario railroaded because he was the guy trying to actually save the people in
the buildings when the fire happened.
Gargiulo: [00:47:17] There's going to be a book by Dick Lehr. I don't know if you know
Dick Lehr. He's going to be exposing that. He's actually doing a thing about the whole
arson thing. And he's going to be focusing on that local story, too. But it's about how it
turns out that that arson squad was totally incompetent, and they know what they're doing
anyway. The science that they have was flawed and everything else. It was a space heater
that killed those families. But Victor Rosario was put in prison for 15 years for a crime he
never committed. It was easy because he came from Laconia. He was Puerto Rican. He
had two other friends. So, they just made it sound like it was a drug transaction thing that
went wrong. They destroyed a friend of mine, Ramon Nieves, who was really important
with developing CBA because the city was so bad. They didn't even have translators at
the time. They forced Ramon, who was a community person, to go in there and identify
the dead children who were burned out because they didn't have anybody that could
translate. She's not trained to do that kind of stuff, right? He got PTSD to death from that
whole experience. And then what? I didn't know until Dick told me all these years later.
Gargiulo: [00:48:27] And I always wondered what happened to poor Ramon, because he
was one of the key leaders that was strong. And he just something was wrong with him
after that is that they got him to do the translation when they were interrogating Victor
and, and I guess he just became sick because and the way the story ended up is that he
kept telling people that I think there's something wrong with the guy. And it turns out
there was he was on dates. He was an alcoholic, and he had on dates, and they just kept
them 2 or 3 days while he kept telling them, I think the guy says he's eating spiders and
all kinds of other things. And they were telling him, are you a psychiatrist? Basically,
they got him finally to sign a confession after doing that to him. And then later on, I
guess at least what I've heard, Ramone did later on, apparently, was that when they
retried Victor Rosario and everything, he did come and testify that he tried to tell people
that he felt there was something wrong with the whole thing, and Dick was going to write
this whole thing about Ramone because people were writing about him like, oh, he's
some kind of snake. He was some kind of whatever, because he got the guard job at the
House of Correction later on, because whatever. And that didn't sound like Ramone to
me.

12

�Gargiulo: [00:49:48] I kept thinking, it kept bothering me. And I finally said, Dick, you
know my feeling is that knowing Ramone, you have to understand. Eight people were
murdered, and he saw them burned to death. And most of them were children, right. And
even though he knew the arson squad was racist and not like he had no reason to not
believe that they knew what they were talking about scientifically. When they were, they
kind of convinced them that he set the fire. I'm thinking, when you're among you need to
understand. Yes, you can be against racism. You can be strong in your own community.
But you also if you think somebody murdered eight children, it transcends race. And it's
the idea that there should be justice for that person. I think that's what ended up
happening. But it just showed you the power of how easily it is that they can manipulate
people into believing scenarios about things, because you dehumanize people so much. I
think they dehumanize the Southeast Asian community so strongly that, a lot of the white
folks out there, they listen to Kouloheras and everything. It's not the same when Vandy
gets killed. It's not the same as when other people get killed.
Forrant: [00:51:09] Whereas if that had happened to.
Gargiulo: [00:51:10] A white kid.
Forrant: [00:51:11] If it was a white kid
Gargiulo: [00:51:13] and it was Cambodian kids who did that to him, or if it was a white
kid and Latinos had done that to him, they would have been marching with torches over
the pitchforks. They come as close as they could to lynch the person, but when it was a
reverse situation…?
Forrant: [00:51:37] The kid who did it was the son of one of the people working with
Kouloheras on the English-only stuff.
Gargiulo: [00:51:43] That's the thing, the level of racism that was allowed to exist in the
city in the 1970s and early 1980s.
Forrant: [00:51:53] In a way that's so intense.
Gargiulo: [00:51:54] That's the fuel for sure. Absolutely. What I'm saying is I wasn't
insensitive. I was infuriated by all of the things that happened, but also feeling that sense,
if that's what we're organizing against, that's what CBA that's what everything we're
organizing around. How was it, I always said, CBA was a civil rights organization. We
became a community development corporation because we had to because if we didn't
develop the housing, nobody else was going to. We were able to win the battles, but we
weren't looking to become somebody who was going to develop housing. We were
looking to stop displacement plans aimed at people of color and poor people in the city.
We were looking to speak out against the injustices in the school system. We're looking
to speak out against all kinds of injustices, class and race, injustice in the city. And in the
early days before we had all of the housing and all the other kinds of things, we had a free
hand. That's what we were doing.

13

�We didn't have anything to lose before we became landlords. CBA can't kind of do that
now the way that I was able to do it. There's a different take because we organize for a
different reason. That was it. If we had to lose a housing project, that's what we did. We
were going to fight for the principle of those issues. We kind of forced the hand early on.
I still think the same thing could be done, but it just needs to be done through a different
organization. Now that doesn't have things attached to it. Because you can't jeopardize
the people who live in North Canal and other things?
Forrant: [00:53:36] Do you have any questions? Because we covered the questions that
we have. I want to know if anything came up that you want to discuss.
Gargiulo:: [00:53:52] But one last thing that I never mentioned that it shows you how
bad things crazy things were when all of this stuff was happening. I don't remember
which exact year it was in the mid-1980s, mid to late 1980s. Kouloheras’s son
had been a teacher at the Bartlett School. When I was a parent inside there. He was
always funny because he was always trying to act. he was friendly to me and a little
different than his dad, but I knew what the hell he was all about, right? Then he applied to
become the principal of the Bartlett School while his father is doing all this stuff. And
here's a school with the largest because the Green is closed at that point, the largest
school of immigrant kids and people of color in the city. And he was going to become the
principal of it. Well, fortunately, at that time, through this education, those parent
advisory councils that were developed, where you got groups that were like, now you had
to interview the teachers. I mean, the principals in these positions, I got myself on that
thing and stopped Kouloheras from becoming principal.
Gargiulo: [00:55:34] But the only reason not I'm not saying because I did that, the
reason I'm saying that is because it was lucky that I was because even though these, these
packs that were being formed to do that stuff, and I think they talk about that in the
lawsuit stuff is the kind of thing. They weren't integrated. It was just the luck of the draw
that I happen to have finagled my way on that one. But I still wasn't a person of color, but
I was fighting for that purpose to stop it. But the idea that if it was very clear, if I hadn't
been on there, he would have been in it. That was just the way you did things.
Gargiulo: [00:56:24] It was like they knew that because I would blow the whole thing up
if they tried to force it. But I wasn't going to be on that thing anymore. And they still
needed to put people of color or people on these committees. And that's part of why we
wrote that, the letters to.
Forrant: [00:57:02] What always puzzles me. I didn't live in Lowell all my life, but I've
lived I've lived in Lowell almost 25 years. So that's a big enough chunk. And I lived in
Holyoke, which to me is like Lowell I was the president of the citywide parent council
fighting these same issues in Holyoke. When you're describing this, it's like Old Home
Week, in a way. And the attorney, he and I knew each other back here, That was part of it
was very weird. But what's his name again?
Khoeun: [00:57:42] Camilo Perez was dealing with the parents.
Forrant: [00:57:43] Perez, right.

14

�Forrant: [00:57:58] He was the head attorney for the for the parents. But what strikes me
about Lowell is the failure; I guess failure is fair for now anyway, the failure of the city to
ever acknowledge any of this, how fundamentally deep this racism was. They still want
to make it seem like everything's cool. But people know better. Right? Which is what
you're saying; a lot of people who knew better at the time, but they weren't going to rock
the boat. Why do you think that is? What's your take on it? Maybe back up a bit when
you went into the military. Right. And you talked in the beginning about your experience
and your friend and sickle cell and all of that you got. Did you go into the military with
that awareness? Or you got that you through that experience a little bit?
Gargiulo: [00:59:10] I read; I was familiar with the civil rights movement. I was
familiar, but I got even more experience. I grew up in an all-white community, right? I
didn't have the level of depth of understanding as I did until I became friends and, , and
had people that. All right. Bill Russell was the guy that first made me understand.
Forrant: [00:59:35] Wouldn't let him buy a house in Reading.
Gargiulo: [00:59:36] Well, not only that, but I read his book, his autobiography because
he was my hero. I was more interested and tuned in, and when I heard him describe
things, that's when I started to understand. No, I understood the classic parts of it. I
understood that there's something that goes far further beyond way further beyond with
the racism part. I had to be sensitive to that and I had to learn more. There's not enough to
go around and say, oh, like I, know. I don't understand just because I understand what it's
like to be poor. I don't understand what I don't have to drive in a car and worry about
being killed just because somebody looks at me differently or whatever they want. I have
to almost describe my class before somebody knows it. Right? But not to mention that
that's important too, because at the same time, when I also found early on is that when I
was taking on some of these roles as the agitator around some of these civil rights issues,
that sometimes I had to kind of do it with pushback from middle-class people of color
who were running different organizations that were supposed to be representing people in
the city, like Unitas and other kinds of things.
Forrant: [01:00:56] Why don't they get along?
Gargiulo:: [01:00:57] Because they wanted to get along, and they had funding and they
had other kinds of things. When I was trying to get them to push on the Acre and stuff
like that, it was taking things, we kind of sometimes had the kind of well, I won't tell you
what I'm doing now because I'm going to go slam the city, right? Right. Whereas if I had
to wait to try and get consensus to do that, they would have said, no, don't be slamming
the city. Don't be doing don't be saying it that hard, and it's well, you're not even that's not
the people in the community want you to be slamming that hard. But you've got a
position to withhold. I was ironically, I was more part of the community than they were
because I was living there and that was my friend. They kind of were coming in from
Arlington or whatever and working in Lowell and then leaving and finding ways to, sell
themselves as civil rights warriors or whatever, but they weren't really doing the work or
willing to agitate as much.

15

�Gargiulo: [01:01:59] It worked both ways. Obviously, the thing I learned the most was,
people I used to help in the community, my friends that I used to have or whatever, now
that all of a sudden would come to me, why are you working with these Puerto Rican
people or whatever like that? I just had to sever ties and friendships with other people
along the way. When I found out there were most of them that some, I mean, but a whole
bunch of people found I was able to because they did trust me and we had a relationship,
maybe I was able to get through to them in a way that other people didn't and say, hey,
look, we showed our commonality of what's happening here? They did a test on Little
Canada.

16

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                    <text>..
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)
)
)

• Plaintiffs,
vs.

) Civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)
)
)

________________
Defendants,

NOTICE OF SETTLEMENT
WHEREAS, the
as

a proper

asqent

with

above-entitled

class

action

this

of

all

who

pursuant

to

as a consent

the

are,

order

by this

23,

been

been

certified

F.R.C.P.

students
will

certified
in

be

by mutual

this

matter;

above-described

is

the

to

Plan

Public
services

entered

into

and

Consent.Agreement

compromise

composed

Lowell

entitled

Lau Compliance

settling

Court,

has

and

has

or

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WHEREAS, the
accepted

which

minority

have,

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approval;

class

linguistic

Schools

under

court's

WHEREAS, the

action

the

claims

requires

that

of this

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if

class;

and
WHEREAS, Rule
proposed
class

Consent
in

such

23 F.R.C.P.
Agreement

a manner

NOWTHEREFORE be it

be

as the

given
Court

ordered

that:

to
directs:

all

notice

of

the

members

of

the

�1.

Plaintiffs

sending

shall

the

give

attached

notice

Notice

to

of

the

class

Settlement

to

by
the

following:
a.

Lowell

Sun,

b.
El Mundo,
02139

P.O.

Box 1477,

20 Columbia

Lowell,

Street,

c.
Newsletter,
Cambodian
Association,
125 Perry Street,
d.
membership
list,
of Greater
Lowell
e.

Lowell

Hispanic

f.

Lowell

Master

MA 01853

Cambridge,
Mutual
Lowell,

Assistance
MA 01852

Laotian-American
Parent

Advisory

Parent

Advisory

MA

organization
Council
Council

(Master

PAC)

g.

Asociacion

and by having
English
and
radio
stations

public
Spanish
daily

a.

WCAP, 243 Central

b.

WGLH, P.O.

Puertorriquena

de Lowell

service
announcements
respectively
over
for two weeks:
Street,

Box 1818,

Lowell,

Lowell,

broadcast
in
the
following

MA 01852

MA 01853

�r

..

.WHEREAS, the
this

matter

fairly

1988

and

addresses

Plaintiffs

Court

and

that

the

the

that

be entered

as

the
the

that

it

Consent

matter

Defendants

ORDERED:

finds

in
it

the

has

jurisdiction

Agreement
Complaint

properly
as

and

between

the

is,

Consent
judgment

Agreement
of the

court

dated
in

November
this

DATED:

o/j11r.

over

By the

Court

Honorable
Edward Harringto
Judge
United
States
District
Court

matter.

3,

�UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

LOWELLHISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)
)
)

Plaintiffs,
vs.

) Civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)
)
)

Defendants,
_______________
ASSENTED TO MOTION FOR DETERMINATIONOF CLASS

The

parties

.
mutually
matter

assent

have

entered

the

the

to

children

been,

currently

pursuant

to

into

Respectfully

this

case

above-entitled

determination

Rule

minority

services

for

to

pursuant

linguistic
who

in

the

23

action
of

F.R.C.P.,
in

are,

the
or

Voluntary

as a consent

a

class

composed

Lowell
will
Lau

Public
be

hereby
1.n this
of

Schools

entitled

Compliance

all

to
Plan

order.

submitted,

Plaintiffs,

Camilo Perez-Bustillo
META, Inc.
50 Broadway,
Suite
401
Somerville,
MA 02145

for

Defendants,

omas Sweeney
City Solicitor
Lowell City Hall
Lowell,
MA 01852

Dated:

q

�(Y;p-

Roger

META,

-~-n

Lt

6~I

~~

L. Rice
;i:nc.

J-.

Rd=-·

Lawyers'
Committe
for
Civil
Rights
294 Washington
Street
Boston,
MA 02108

Cf!
avier
Inc.
Dated:

~I£:),

___
fUJ--,_C

Colon

�COALITION
for a

CBA· BETTERACRE

EBEEEB

g

741 Merrimack St., 2nd Floor, Lowell, MA 01854

January

6,

1989

Clerk of U. S. District
United
States
District
Post Office
Square
Boston,
MA 02109
Re:

Objef~~9ns
tlL Lowell
Plaintiffs

To whom it

Court
Court House,

7th

floor

to Prooosed
Settlement
of Civil
Action
No.
Hispanic
Parents
Advisory
Council,
et al ..
V2_~ G~orge
Kouloheras,
et al.,
Defendants

may concern:

We are writing
on behalf
to object
to the proposed

of the Coalition
settlement
of

for a Better
Acre,
Inc.
the above-mentioned
case.

The Coalition
for a Better
Acre,
Inc.
("CBA") is
nonprofit
development
agency whose mission
since

included
benefit
Lowell's

87-1968

housing,

economic

and empowerment
of
Acre neighborhood.

and cultural

a tax-exempt
1982 has

development

low and moderate

income

for

the

residents

of

Since serving
as the "Paddy Camp" or shanty
town of Irish
immigrant
laborers
who dug the canals
of this
country's
first
planned
industrial
city
over 150 years
ago, the Acre has been the
landing
ground
of successive
waves of immigrants
and newcomers,
who are preseritly
Puerto
Ricans,
Colombians,
Cambodians,
Laotians
and Vietnamese.
The more than 500 members of the CBA also
include
Greek,
French
Canadian
and Anglo residents
with longer
roots
in the community.
According
to the 1980 census,
the Acre's
decayino
tenements
house some of the poorest
and most densely
populated
census
tracts
in the state.
Since
1982 the CBA has been responsible
for the renovation
and
construction
of 79 homes for ownership
and rental
by low and
moderate
income families.
The 39-unit
Acre Triangle
Homeownership
Project
involved
the reclamation
of the arsonridden
"Acre Triangle"
by Acre residents
who formed the CBA and
against
all odds implemented
a neighborhood-based
development
agenda
in a successful
displacement
battle
against
a Citysponsored
plan to raze the entire
neighborhood.
Current
housing
development
projects
include
a $2.7 million
12-unit
mixed use
project
across
from Lowell City Hall and the $18 million
substantial
renovation
of the 265-unit
North Canal Apartments.
The CBA has been working
with the tenants
and developing
leadership
at North Canal for over 4 1/2 years;
through
an
aggressive
organizing
and legal
campaign
the_North ... Canal Tenant

Phone: 452-7523

�Council
( "NCTC") prevented
foreclosure
of this
HUD 221 (d) ( 3)
BMRI project
that
would have resulted
in potential
displacement
of the majority
of the more than 1,100 low and moderate
income
residents;
the NCTC and CBA are now in the process
of buying
the
property
for S1 from HUD after
the tenant-initiated
suit
resulted
in the deed being delivered
to HUD in lieu
of foreclosure.
Besides
housing
development,
the CBA has addressed
issues
of
community
empowerment
such as: crime and substance
abuse,
open
space needs,
street
and sidewalk
improvements,
code enforcement,
the formation
of building-based
cenant
organizations,
the
successful
establishment
of a rent
review
board,
voter
registration,
bilingual
education
and affirmative
action
hiring
in the Lowell Public
Schools,
Hispanic
cable
television,
the
sponsoring
of Hispanic
theater
and cultural
events,
and afterschool
multi-cultural
youth enrichment
and employment
programs.
Over the past two years
the CBA has also supported
minority
and
women entrepreneurs
through
the consulting
services
offered
by
the Minority
Small Business
Development
Project
("MSBDP"); as
part
of the MSBDP the Acre Family Daycare
Program began in
October
1988 and has trained
and licensed
nine Hispanic
women to
provide
daycare
in their
homes for over 40 children.
With funding
from the Commonwealth
of Massachusetts'
Community
Service
Block Grant Program,
the CBA has hired
two Khmer
organizing
staff
to begin outreach
and organizing
in the Acre's
Southeast
Asian community
through
the Rock Street
Initiative,
an
attempt
to follow
the community-based
planning
model of the Acre
Triangle
Homeownership
Project.
Home visits
have been made with
125 of the estimated
500 families.
Issues
such as housing
code
violations,
a neighborhood
park,
preventing
a gun shop from
locating
in the community
have been some of the early
successes.
Members of the CBA annually
elect
the 19-member
Board of
Directors;
a minimum of 10 Board members are Acre residents
and
the remainder
are elected
as representatives
of neighborhood
institutions.
The CBA is a Minority
Business
Enterprise
with
members and Directors
participating
in the Executive
Committee,
Housing
Committee,
Finance
Committee,
Acre Improvements
Committee,
Hispanic
Heritage
Committee,
Minority
Small Business
Development
Project
Advisory
Committee
and the Acre Home Daycare
System Advisory
Committee.
Board training
and leadership
development
are ongoing
activities.
The CBA has a professional
organizing
and development
staff
of 12 with 7 full-time
positions;
6 are minority.

�Because
the CBA is an organization
representing
hundreds
of
minority
families
in the Acre neighborhood
of Lowell,
it has a
responsibility
to respond
to the proposed
Voluntary
Compliance
Plan.
The CBA's
(ll
will

objections

A lack of specific
bring
equity
and

to

the

proposed

settlement

affirmative
action
improve
educational

hiring
quality.

are

as

follows:

measures

that

The CBA has been advocating
since
January,
1988 (see
attached
newspaper
articles)
that
the Lowell School
Committee
appoint
a conmittee
of community
members to make
recommendations
regarding
the development
and implementation
of an affirmative
action
hiring
policy
for all positions
in
the Lowell Public
Schools.
According
to School Department
statistics,
minority
students
make up 42% of the 1988-1989
school
population
while minorities
account
for less
than 6%
of School Department
employees.
The vast majority
of
minority
employees
are segregated
in the bilingual
education
programs
and in clerical
positions:
there
is only one
minority
principal
and minority
administrators,
guidance
and
supervisory
staff
are almost
non-existent.
The CBA's position
is that
the Lowell
School Department
needs to initiate
affirmative
action
hiring
measures
so that
the percentage
and ethnicity
of minority
employees
of the
Department
reflect
the percentage
and ethnicity
of minority
students
in the school
population.
In order
the correct
past discrimination
and injustices,
the School Department
should
hire
qualified
minority
employees
with specific
benchmarks.
For example,
new positions
should
be filled
with minority
candidates
at a rate
equal
to 1 1/2 times
the
percentage
of minority
students:
in other
words,
63% (1.5 x
42%) of all new employees
would be minority.
This hiring
objective
should
be maintained
until
the percentage
of
minority
employees
of the Lowell
Public
Schools
reflects
the
overall
percentage
of minority
students.
The CBA objects
to Objective
5, "Overall
Staffing
Concerns"
because
the proposed
settlement
only says that,
"The Lowell
School Department
is an equal
opportunity
employer."
The
Lowell
School Department
must also be an affirmative
action
employer
if systemic
discrimination
in hiring
practices
is
to be ameliorated.
The CBA further
objects
to Task 5.2, which limits
affirmative
hiring
actions
among "equally
qualified
candidates
for a professional
position"
to only bilingual
program
positions.
Rather,
affirmative
hiring
criteria
be applied
to ~11 QJ2_en positions
throughout
the School
Depar tl))_~fil.

must

�I

(2) Minority
parental
not be the outcome
of
following
areas:
(a)
for

involvement
is the stated
the Voluntary
Compliance

Lack of Minority
Parent
Transitional
Bilingual

Participation
Education

policy
Plan in
in

the

but
the

will

Master

PAC

According
to task
2.3,
the majority
of the members of this
Master
Parent
Advisory
Committee
will
not consist
of
minority
parents.
Even the "minority
representatives"
from
the University
of Lowell and Middlesex
Community College
will
be appointed
by a majority
person
in their
respective
institutions.
All of the other
members of the Master
PAC
except
for "officers
and elected
representatives
of each
Sub-PAC" will
most likely
not be minorities
and will
be
appointed
from within
the ranks
of the defendants
of this
suit,
the School
Committee
and School
Department.
The Master
PAC has important
responsibilities
hiring
process
(task
4.5) and review
and
bilingual
programs
(task
5.8).
What kind of minority
fostered
in a situation
assured
in the Master
(b) Lack
Selection

parental
where
PAC?

of Minority
Parent
Advisory
Committee

participation
only minimal
Participation

in both the
evaluation
of
is being
representation
in

the

is

Personnel

In coordination
with the Deputy Superintendent
for
Personnel,
the Personnel
Selection
Advisory
Committee
("PSAC") is responsible
for outreach,
interviewing
and
making recommendations
for personnel
hiring
to the School
Committee
for all
positions
in the Lowell
Public
Schools.
The PSAC, however,
has no current
minority
representation:
"The Personnel
Selection
Advisory
Committee
shall
continue
to consist
of two teachers,
two administrators,
two parents,
two experts
from outside
the school
system,
and one
community
representative."
All of the above are appointed
by the School
Committee.
Under the proposed
Voluntary
Compliance
Plan,
hiring
of
bilingual
program
administrators
will
come under the
perview
of the PSAC with the additional
participation
on the
Committee
of "at least
two parent
representatives
named by
the Master
Parents
Advisory
Council"(Task
4.5;
p. 12).
The CBA objects
to the authority
given by the School
System
to the PSAC and the Master
PAC in all matters
of hiring
and
recruitment
because
(1) there
are no current
or
institutionalized
minority
members or minority
parents
on
the PSAC and (2) the Master
PAC is majority-controlled.
Because
of the institutionalized
make-up
that
virtually
precludes
significant
minority
parent
participation
in these
two committees,
a new recruitment
and hiring
committee
must

�replace
a system
that
does not
and minority
parent
participation

foster
in

significant
the hiring

minority
process.

Without
meaningful
minority
and minority
parent
participation
in the recruitment
and hiring
process,
will
equal opportunity
and affirmative
action
hiring
objectives
be accomplished?

how

The CBA believes
that
all of the objections
mentioned
above must
be addressed
in an amended Compliance
Plan before
so that
the
discrimination
suffered
by the class
of plaintiffs
of this
case
will
be corrected.
Sin~erelyr,.
1

r

1t7~

Arlene
Dias
Co-Chair

Charles
Co-Chair

Gargiulo

�COALITION
for a

CBA· BETTERACRE

EBEEEB

g

741 Merrimack St., 2nd Floor, Lowell, MA 01854

January

6.

1989

Clerk of U. S. District
United
States
District
Post Office
Square
Boston,
MA 02109

Court
Court House,

7th

floor

Obje9t~9n_~
to Proposed
.§_ettlement
of Civil
Action
No.
tl L Low~)l Hispan_ic Parents
Advisory
Council,
et al.,
Pla~n_1;j_tf~ y~ G_eorge Kouloheras,
et al.,
Defendants
To whom it

87-1968

may concern:

We are writing
on behalf
to object
to the proposed

of the Coalition
settlement
of

for
the

a Better
Acre,
Inc.
above-mentioned
case.

The Coalition
for a Better
Acre,
Inc.
("CBA") is a tax-exempt
nonprofit
development
aqency whose mission
since
1982 has
included
housing,
economic
and cultural
development
for the
benefit
and empowerment
of low and moderate
income residents
Lowell's
Acre neighborhood.

of

Since
serving
as the "Paddy Camp" or shanty
town of Irish
immigrant
laborers
who dug the canals
of this
country's
first
planned
industrial
city
over 150 years
ago, the Acre has been the
landing
ground
of successive
waves of immigrants
and newcomers,
who are presently
Puerto
Ricans,
Colombians,
Cambodians,
Laotians
and Vietnamese.
The more than 500 members of the CBA also
include
Greek,
French
Canadian
and Anglo residents
with longer
roots
in the community.
According
to the 1980 census,
the Acre's
decaying
tenements
house some of the poorest
and most densely
populated
census
tracts
in the state.
Since
1982 the CBA has been responsible
for the renovation
and
construction
of 79 homes for ownership
and rental
by low and
moderate
income families.
The 39-unit
Acre Triangle
Homeownership
Project
involved
the reclamation
of the arsonridden
"Acre Triangle"
by Acre residents
who formed the CBA and
against
all odds implemented
a neighborhood-based
development
agenda
in a successful
displacement
battle
against
a Citysponsored
plan to raze the entire
neighborhood.
Current
housing
development
projects
include
a $2.7 million
12-unit
mixed use
project
across
from Lowell City Hall and the $18 million
substantial
renovation
of the 265-unit
North Canal Apartments.
The CBA has been working
with the tenants
and developing
leadership
at North Canal for over 4 1/2 years;
through
an
aggressive
organizing
and legal
campaign
the North ... Canal Tenant

Phone: 452-7523

�J

'

Council
("NCTC") prevented
foreclosure
of this
HUD 221 (d) (3)
BMRI project
that would have resulted
in potential
displacement
of the ~ajority
of the more than 1,100 low and moderate
income
residents;
the NCTC and CBA are now in the process
of buying
the
property
for $1 from HUD after
the tenant-initiated
suit
resulted
in the deed being delivered
to HUD in lieu
of foreclosure.
Sesides
housinq
development,
the CBA has addressed
issues
of
community
empowerment
such as: crime and substance
abuse,
open
space needs,
street
and sidewalk
improvements,
code enforcement,
the formation
of building-based
tenant
organizations,
the
successful
establishment
of a rent
review
board,
voter
registration,
bilingual
education
and affirmative
action
hiring
in the Lowell Public
Schools,
Hispanic
cable
television,
the
sponsoring
of Hispanic
theater
and cultural
events,
and afterschool
multi-cultural
youth enrichment
and employment
programs.
Over the past
two years
the CBA has also supported
minority
and
women entrepreneurs
through
the consulting
services
offered
by
the Minority
Small Business
Development
Project
("MSBDP"); as
part
of the MSBDP the Acre Family Daycare
Program began in
October
1988 and has trained
and licensed
nine Hispanic
women to
provide
daycare
in their
homes for over 40 children.
With funding
from the Commonwealth
of Massachusetts'
Community
Service
Block Grant
Program,
the CBA has hired
two Khmer
organizing
staff
to begin outreach
and organizing
in the Acre's
Southeast
Asian community
through
the Rock Street
Initiative,
an
attempt
to follow
the community-based
planning
model of the Acre
Triangle
Homeownership
Project.
Home visits
have been made with
125 of the estimated
500 families.
Issues
such as housing
code
violations,
a neighborhood
park,
preventing
a gun shop from
locating
in the community
have been some of the early
successes.
Members of the CBA annually
elect
the 19-member
Board of
Directors;
a minimum of 10 Board members are Acre residents
and
the remainder
are elected
as representatives
of neighborhood
institutions.
The CBA is a Minority
Business
Enterprise
with
members and Directors
participating
in the Executive
Committee,
Housing
Committee,
Finance
Committee,
Acre Improvements
Committee,
Hispanic
Heritage
Committee,
Minority
Small Business
Development
Project
Advisory
Committee
and the Acre Home Daycare
System Advisory
Committee.
Board training
and leadership
development
are ongoing
activities.
The CBA has a professional
organizing
and development
staff
of 12 with 7 full-time
positions;
6 are minority.

�'
Because
the CBA is an organization
representing
hundreds
of
~inority
families
in the Acre neighborhood
of Lowell,
it has a
responsibility
to respond
to the proposed
Voluntary
Compliance
?lan.
The CBA's
Ill

will

objections

A lack of specific
bring
equity
and

to

the

proposed

settlement

affirmative
action
improve
educational

hiring
quality.

are

as

follows:

measures

that

The CBA has been advocating
since
January,
1988 (see
attached
newspaper
articles)
that
the Lowell
School
Committee
appoint
a co~mittee
of community
members to make
recommendations
regarding
the development
and implementation
of an affirmative
action
hiring
policy
for all positions
in
the Lowell
Public
Schools.
According
to School
Department
statistics,
minority
students
make up 42% of the 1988-1989
school
population
while minorities
account
for less
than 6%
of School
Department
employees.
The vast majority
of
minority
employees
are segregated
in the bilingual
education
programs
and in clerical
positions;
there
is only one
minority
principal
and minority
administrators,
guidance
and
supervisory
staff
are almost
non-existent.
The CBA's position
is that
the Lowell
School
Department
needs
to initiate
affirmative
action
hiring
measures
so that
the percentage
and ethnicity
of minority
employees
of the
Department
reflect
the percentage
and ethnicity
of minority
students
in the school
population.
In order
the correct
past discrimination
and injustices,
the School
Department
should
hire
qualified
minority
employees
with specific
benchmarks.
For example,
new positions
should
be filled
with minority
candidates
at a rate
equal
to 1 1/2 times
the
percentage
of minority
students;
in other
words,
63% (1.5 Y
42%) of all new employees
would be minority.
This hiring
objective
should
be maintained
until
the percentage
of
minority
employees
of the Lowell Public
Schools
reflects
the
overall
percentage
of minority
students.
The CBA objects
to Objective
5, ''Overall
Staffing
Concerns''
because
the proposed
settlement
only says that,
"The Lowell
School
Department
is an equal
opportunity
employer."
The
Lowell
School
Department
must also be an affirmative
action
employer
if systemic
discrimination
in hiring
practices
is
to be ameliorated.
The CBA further
objects
to Task 5.2,
which limits
affirmative
hiring
actions
among "equally
qualified
candidates
for a professional
position"
to only bilingual
program
positions.
Rather,
affirmative
hiring
criteria
be applied
to ~ll 9.2..~n positions
throughout
the School
Department.

must

�I

(2) Minority
parental
not be the outcome of
following
areas:
(al
for

involvement
is the stated
the Voluntary
Compliance

Lack of Minority
Parent
Transitional
Bilingual

Participation
Education

policy
Plan in
in

the

but
the

will

Master

PAC

According
to task 2.3,
the majority
of the members of this
Master
Parent
Advisory
Committee
will
not consist
of
minority
par en ts.
Even the "minority
represen
ta ti ves" from
the University
of Lowell and Middlesex
Community College
will
be appointed
by a majority
person
in their
respective
institutions.
All of the other
members of the Master
PAC
except
for "officers
and elected
representatives
of each
Sub-PAC" will
most likely
not be minorities
and will
be
appointed
from within
the ranks
of the defendants
of this
suit,
the School Committee
and School Department.
The Master
PAC has important
responsibilities
in both the
hiring
process
(task
4.5) and review
and evaluation
of
bilingual
programs
(task
5.8).
What kind of minority
fostered
in a situation
assured
in the Master
(bl Lack
Selection

parental
where
PAC?

of Minority
Parent
Advisory
Committee

participation
only minimal
Participation

is being
representation
in

the

is

Personnel

In coordination
with the Deputy Superintendent
for
Personnel,
the Personnel
Selection
Advisory
Committee
("PSAC") is responsible
for outreach,
interviewing
and
making recommendations
for personnel
hiring
to the School
Committee
for all positions
in the Lowell
Public
Schools.
The PSAC, however,
has no current
minority
representation:
"The Personnel
Selection
Advisory
Committee
shall
continue
to consist
of two teachers,
two administrators,
two parents,
two experts
from outside
the school
system,
and one
community
representative."
All of the above are appointed
by the School
Committee.
Under the proposed
Voluntary
Compliance
Plan,
hiring
of
bilingual
program
administrators
will
come under the
perview
of the PSAC with the additional
participation
on the
Committee
of "at least
two parent
representatives
named by
the Master
Parents
Advisory
Council"(Task
4.5;
p. 12).
The CBA objects
to the authority
given by the School
System
to the PSAC and the Master
PAC in all matters
of hiring
and
recruitment
because
(1) there
are no current
or
institutionalized
minority
members or minority
parents
on
the PSAC and (2) the Master
PAC is majority-controlled.
Because
of the institutionalized
make-up
that
virtually
precludes
significant
minority
parent
participation
in these
two committees,
a new recruitment
and hiring
committee
must

�•
replace
a system
that
does not
and minority
parent
participation

foster
in

significant
the hiring

minority
process.

Without
meaningful
minority
and minority
parent
participation
in the recruitment
and hiring
process,
will
equal
opportunity
and affirmative
action
hiring
objectives
be accomplished?

how

The CBA believes
that
all of the objections
mentioned
above must
be addressed
in an amended Compliance
Plan before
so that
the
discrimination
suffered
by the class
of plaintiffs
of this
case
will
be corrected.
Sincerely

C.

r

~]Ci-~
Aflene
Dias
Co-Chair

Charles
Co-Chair

Gargiulo

�r

CBA

■

COA,.ITION for a

EBEllEB

BETTERACRE

g

741 Merrimack St., 2nd Floor, Lowell, MA 01854
~');)_ - 7-r'~,

January

6,

Objections
!L_ Lowell
Plaintiffs

To whom it

lffl

1989

Clerk
of U. S. District
United
States
District
Post Office
Square
Boston,
MA 02109
Re:

mmm

8

Court
Court House,

7th

floor

to Proposed
Settlement
of Civil
Action
No.
Hispanic
Parents
Advisory
Council,
et al.,
vs. George Kouloheras,
et al.,
Defendants

87-1968

may concern:

We are writing
on behalf
to object
to the proposed

of the Coalition
settlement
of

for a Better
Acre,
Inc.
the above-mentioned
case.

The Coalition
for a Better
Acre,
Inc.
("CBA") is a tax-exempt
nonprofit
development
agency whose mission
since
1982 has
included
housing,
economic
and cultural
development
for the
benefit
and empowerment
of low and moderate
income residents
Lowell's
Acre neighborhood.

of

Since
serving
as the "Paddy Camp" or shanty
town of Irish
immigrant
laborers
who dug the canals
of this
country's
first
planned
industrial
city
over 150 years
ago, the Acre has been the
landing
ground of successive
waves of immigrants
and newcomers,
who are presently
Puerto
Ricans,
Colombians,
Cambodians,
Laotians
and Vietnamese.
The more than 500 members of the CBA also
include
Greek,
French
Canadian
and Anglo residents
with longer
roots
in the community.
According
to ·the 1980 census,
the Acre's
decaying
tenements
house some of the poorest
and most densely
populated
census
tracts
in the state.
Since
1982 the CBA has been responsible
for the renovation
and
construction
of 79 homes for ownership
and rental
by low and
moderate
income families.
The 39-unit
Acre Triangle
Homeownership
Project
involved
the reclamation
of the arsonridden
"Acre Triangle"
by Acre residents
who formed the CBA and
against
all odds implemented
a neighborhood-based
development
agenda
in a successful
displacement
battle
against
a Citysponsored
plan to raze
the entire
neighborhood.
Current
housing
development
projects
include
a $2.7 million
12-unit
mixed use
project
across
from Lowell
City Hall and the $18 million
substantial
renovation
of the 265-unit
North Canal Apartments.
The CBA has been working
with the tenants
and developing
leadership
at North Canal for over 4 1/2 years;
through
an
aggressive
organizing
and legal
campaign
the_North ' .. Canal Tenant

Phone: 452-7523

\

�Council
("NCTC") prevented
foreclosure
of this
HUD 221 (d) (3)
BMRI project
that
would have resulted
in potential
displacement
of the majority
of the more than 1,100 low and moderate
income
residents;
the NCTC and CBA are now in the process
of buying
the
property
for $1 from HUD after
the tenant-initiated
suit
resulted
in the deed being
delivered
to HUD in lieu
of foreclosure.
Besides
housing
development,
the CBA has addressed
issues
of
community
empowerment
such as: crime and substance
abuse,
open
space needs,
street
and sidewalk
improvements,
code enforcement,
the formation
of building-based
tenant
organizations,
the
successful
establishment
of a rent
review
board,
voter
registration,
bilingual
education
and affirmative
action
hiring
in the Lowell
Public
Schools,
Hispanic
cable
television,
the
sponsoring
of Hispanic
theater
and cultural
events,
and afterschool
multi-cultural
youth enrichment
and employment
programs.
Over the past
two years
the CBA has also
supported
minority
and
women entrepreneurs
through
the consulting
services
offered
by
the Minority
Small Business
Development
Project
("MSBDP"); as
part
of the MSBDP the Acre Family Daycare
Program began in
October
1988 and has trained
and licensed
nine Hispanic
women to
provide
daycare
in their
homes for over 40 children.
With funding
from the Commonwealth
of Massachusetts'
Community
Service
Block Grant Program,
the CBA has hired
two Khmer
organizing
staff
to begin
outreach
and organizing
in the Acre's
Southeast
Asian community
through
the Rock Street
Initiative,
an
attempt
to follow
the community-based
planning
model of the Acre
Triangle
Homeownership
Project.
Home visits
have been made with
125 of the estimated
500 families.
Issues
such as housing
code
violations,
a neighborhood
park,
preventing
a gun shop from
locating
in the community
have been some of the early
successes.
Members of the CBA annually
elect
the 19-member
Board of
Directors;
a minimum of 10 Board members are Acre residents
and
the remainder
are elected
as representatives
of neighborhood
institutions.
The CBA is a Minority
Business
Enterprise
with
members and Directors
participating
in the Executive
Committee,
Housing
Committee,
Finance
Committee,
Acre Improvements
Committee,
Hispanic
Heritage
Committee,
Minority
Small Business
Development
Project
Advisory
Committee
and the Acre Home Daycare
System Advisory
Committee.
Board training
and leadership
development
are ongoing
activities.
The CBA has a professional
organizing
and development
staff
of 12 with 7 full-time
positions;
6 are minority.

�Because
the CBA is an organization
representing
hundreds
of
minority
families
in the Acre neighborhood
of Lowell,
it has a
responsibility
to respond
to the proposed
Voluntary
Compliance
Plan.
The CBA's
(1)
will

objections

A lack of specific
bring
equity
and

to

the

proposed

settlement

affirmative
action
improve
educational

hiring
quality.

are

as follows:

measures

that

The CBA has been advocating
since
January,
1988 (see
attached
newspaper
articles)
that
the Lowell
School
Committee
appoint
a committee
of community
members to make
recommendations
regarding
the development
and implementation
of an affirmative
action
hiring
policy
for all positions
in
the Lowell Public
Schools.
According
to School Department
statistics,
minority
students
make up 42% of the 1988-1989
school
population
while minorities
account
for less
than 6%
of School Department
employees.
The vast majority
of
minority
employees
are segregated
in the bilingual
education
programs
and in clerical
positions;
there
is only one
minority
principal
and minority
administrators,
guidance
and
supervisory
staff
are almost
non-existent.
The CBA's position
is that
the Lowell
School Department
needs to initiate
affirmative
action
hiring
measures
so that
the percentage
and ethnicity
of minority
employees
of the
Department
reflect
the percentage
and ethnicity
of minority
students
in the school
population.
In order
the correct
past discrimination
and injustices,
the School Department
should
hire
qualified
minority
employees
with specific
benchmarks.
For example,
new positions
should
be filled
with minority
candidates
at a rate
equal
to 1 1/2 times
the
percentage
of minority
students;
in other
words,
63% (1.5 x
42%) of all new employees
would be minority.
This hiring
objective
should
be maintained
until
the percentage
of
minority
employees
of the Lowell
Public
Schools
reflects
the
overall
percentage
of minority
students.
The CBA objects
to Objective
5, "Overall
Staffing
Concerns"
because
the proposed
settlement
only says that,
"The Lowell
School Department
is an equal
opportunity
employer."
The
Lowell
School Department
must also be an affirmative
action
employer
if systemic
discrimination
in hiring
practices
is
to be ameliorated.
The CBA further
objects
to Task 5.2,
which limits
affirmative
hiring
actions
among "equally
qualified
candidates
for a professional
position"
to only bilingual
program
positions.
Rather,
affirmative
hiring
criteria
be applied
to all open positions
throughout
the School
Department.

must

�(2) Minority
parental
not be the outcome
of
following
areas:
(a)
for

involvement
is the stated
the Voluntary
Compliance

Lack of Minority
Parent
Transitional
Bilingual

Participation
Education

policy
Plan in
in

the

but
the

will

Master

PAC

According
to task
2.3,
the majority
of the members of this
Master
Parent
Advisory
Committee
will
not consist
of
minority
parents.
Even the "minority
representatives"
from
the University
of Lowell and Middlesex
Community College
will
be appointed
by a majority
person
in their
respective
institutions.
All of the other
members of the Master
PAC
except
for "officers
and elected
representatives
of each
Sub-PAC" will
most likely
not be minorities
and will
be
appointed
from within
the ranks
of the defendants
of this
suit,
the School
Committee
and School
Department.
The Master
PAC has important
responsibilities
hiring
process
(task
4.5) and review
and
bilingual
programs
(task
5.8).
What kind of minority
fostered
in a situation
assured
in the Master
(b) Lack
Selection

parental
where
PAC?

of Minority
Parent
Advisory
Committee

participation
only minimal
Participation

in both the
evaluation
of
is being
representation
in

the

is

Personnel

In coordination
with the Deputy Superintendent
for
Personnel,
the Personnel
Selection
Advisory
Committee
("PSAC") is responsible
for outreach,
interviewing
and
making recommendations
for personnel
hiring
to the School
Committee
for all positions
in the Lowell Public
Schools.
The PSAC, however,
has no current
minority
representation:
"The Personnel
Selection
Advisory
Committee
shall
continue
to consist
of two teachers,
two administrators,
two parents,
two experts
from outside
the school
system,
and one
community
representative."
All of the above are appointed
by the School
Committee.
Under the proposed
Voluntary
Compliance
Plan,
hiring
of
bilingual
program
administrators
will
come under
the
perview
of the PSAC with the additional
participation
on the
Committee
of "at least
two parent
representatives
named by
the Master
Parents
Advisory
Council"(Task
4.5;
p. 12).
The CBA objects
to the authority
given by the School
System
to the PSAC and the Master
PAC in all matters
of hiring
and
recruitment
because
(1) there
are no current
or
institutionalized
minority
members or minority
parents
on
the PSAC and (2) the Master
PAC is majority-controlled.
Because
of the institutionalized
make-up
that
virtually
precludes
significant
minority
parent
participation
in these
two committees,
a new recruitment
and hiring
committee
must

�replace
a system
that
does not
and minority
parent
participation

foster
in

significant
the hiring

minority
process.

Without
meaningful
minority
and minority
parent
participation
in the recruitment
and hiring
process,
will
equal opportunity
and affirmative
action
hiring
objectives
be accomplished?

how

The CBA believes
that
all of the objections
mentioned
above must
be addressed
in an amended Compliance
Plan before
so that
the
discrimination
suffered
by the class
of plaintiffs
of this
case
will
be corrected.

~&lt;fJYQ-0
Ailene
Dias
Co-Chair

Charles
Co-Chair

Gargiulo

�CBA

• CO&amp;ITJON for ·a

EB EBEB

BETTERACRE

741 Merrimack St., 2nd Floor, Lowell, MA 01854

/
23,

February

1989

Clerk of U. S. District
United
States
District
Post Office
Square
Boston,
MA 02109
Re:

Objections
!:L.. Lowell
Plaintiffs

To whom it

Compliance

the Court to make three
for a Better
Acre,
Inc.
case:
withdraws

Plan

January

that

6,

were stated

(3)

The CBA urges
that
order
of the Court.

Voluntary

Gargiulo

to

the

of
the

Voluntary

in a letter

the

goals

of

the

to the Court,

Voluntary

Compliance

Plan

~g~
Arlene
Dias
Co-Chair

...

Phone: 452-7523

on behalf
regard
to

1989.
the

~~~

st~tements
("CBA") in

objections

The CBA fully
supports
Compliance
Agreement.

Signed,

87-1968

•

(2)

Charles
Co-Chair

Floor

to Proposed
Settlement
of Civil
Action
No.
Hispanic
Parents
Advisory
Council,
et al.,
vs. George Kouloheras,
et al.,
Defendants

The CBA hereby
dated

7th

may concern:

We are writing
the Coalition
above-mentioned
(1)

Court
Court House,

become

an

�LEGAL HOTICE

LEGAL NOTICli

LEGJ\L ..:OTICE

Ll:GA.L tlOTICE

UNlliDSTATES
DISTIIICT
COURT

CORTE
LEDISTRITO
DE~iADOS
UNIDOS
DISiRITO
DfMASSACHusms

r-oRrAE

/187-1%8H
DISTIIICT
OFMASSACHUSElTS
CONCILIO OE ASESOR PADRES DE LOWELL. y
CIVIL ACTION
OTROS. Ocmencante~ vs. GEORGE KOULOHERAS.y
No. 87-1968 H
OTAOS. Oemandatlos.
LOWELLHISPANICPARENTSADVISORYCOUNCIL,et
AVISO DE PROPUESTA DE TRANSACCiON DE al.. Plaintiffs vs. GEORGE KOULOHEAAS. e! al..
ACCION DE CLASE.
Defendants.
ATENCION:minorlas linguistica, da Lo,.ell:
NOTICE OF PROPOSED SETTLCMENTOF CLASS
En 1987 padres Hispanos. Camboyanos y Laoslanos. ACTION.
estudiantes }' c,ganiza.ciones en Lowell ,edicdron_una
ATTENTION:ttnguisflc mlno11tyrcsideots of Lowell.
domanda en la CO&lt;!e cle Distnto de Es:adcs Un•dos,
In 1987 Hispanic. Cambc,,d:anand Laotien porents.
alegamJo que !cs estudiantes pcrtenecfcntcs a mtnorias students an&lt;l organizations in L0'.'1CII
tilo-da !awst.i:tin the
linguisticas estaban s·enc:oscgrcg3dos y a!endi?os do United Slates District Courf. charging that linguislic
foima map,opiada. per et s1stemadeescuclas pub'icasde m!norily students were Oeing segr~oatecl and served
Lowell. Un.a propuesta do trnnsaccion do es1e coro. t\a inappropriately by the Lov,ellPu~hc Sch0&lt;,➔s A proposed
sido nprobada recion!cmente pot las p.lrtes y ~.a s,do sett em i\t ot that case has rccc:'\tly ~en app:ovcQ by 1 10
radicnda en la co!le.
panies and filed with 1heCourt.
.
ta pr(lpuc~!a tr~nseccion c~bte una c:i:~p':a.1amade
The proposed settlement co,.•Ns a \·,ide uinge of to;~,cs.
• temas lncluyelldo.
.
including:
(1) ld_entlficaci.on de _tod?s. los eslud,enlc_s
1. ide:-11,tylng
a'l t'.ngJisticrninoHystudents wl:ose'native
pcrtonec1er.tes o mmo,las hn9J1sticas CJYP lcr.gua,c 1anguaoois nc1Engrsh:
nativo no cs cl Ingles.
2. Pfocedures to cl'.•aluate the llucr.~~ of lin{)uist;c
(2) P10ccdtmlen!ospara evalvar i:1pro!:_cie~I~ ~e lo5 miro··:y cMdrcn in E1~g!l:c:~
and lh Jr mo!lw: to.~g~1c.
~'"'Id
c:t1.1d•antespe1:1cnoc'cnic~a 01n::ri3S l,r.3u1~ca_.:.en the:; ac;;dem:c prog·,.ss,
Ingles y en S.\Jidiotr,a nz:i1:oy C.·Jprog, . 1 ccade n co
3 Hiring of blli:1gual teaching COlmseling ~nd
(3) Contra•aclon Ce rr.:aestros consc; ;ios y persona! admlnbtrativo st;itf; •
adrr.!nis!raiivo.
4. Rcmed10I secvicns 10 lir~Jist'c m1n~r.ly sludr,L,.
(4) Servicios wsrcdihlcs a 6:,,:uc'i.:1J";t~s.
p!'ri:u:'.\.:Cic,1tts
a ir,c-iuding drO;X)l,1:s.Y,t.o wer1; net ad..::quat,_.:y
se:v~d \-,;'f
m·~o•iaslirg,1lsticasin:lu;- ·;r1dndc:.erto'!.Sescol:i·.,~. leis tr,e Lowell Public Schools:
cuJJ.les
no fucron 3::J,:,cua::.i,
:r:.cn:,.tcr,i~o po: e'· s~cma 5. The r~gh:.:):f".13r1n1s
lo pari.lcipa!c in ti,'- r:1nn·rg and
d~ c-scuoln::.pvblicas de l011el'.
cvctuation ot tt'!oirchild's ncad~-n:c r,rc-pr,:w.
(5) (;I dcrecho de lo. padrc.s a part;,c:p:"lt. er la
A con&gt;·of the cnf?reseU!c1,,nt p.roporJ' can be roec al
pl:1ti:ficac·cny cw•lu.l-:lon d~! pro~rnn:a acaj
rco de the Lo.,.,1'!ruh 11cSc.hools
s~s hijos
11the p,op-,ced st!llomcnl is app1ovedl;y n·c Cowl the
A\'1S0 OE VISTA
REL,,CIONA Lf. ?, OPLES'A Co.. ~ y.':1cr:~erit as a 10·~1 odu.
OElAAN~ACCION Y ?iiOCi:D!~IFNTO PAR.\ 05Ji:.TAR
If you t,3-.reno objcct1.ons.ycJ :iced ;21t:.n
1';) ac_ti~n.If.
1 LA PROFuESTADE TR/".l~SACCION.
hov,•('vcr.you Otl;ccl to lhJ propo$CdSNt1~:"1i~~1!, W:i1·:;,-i
ycu
Unav _td seia ilc&lt;1a::!a
acaoo c':lcl."'e-,ervc~ iS;S9r.',H hav~ the :~ht 10 do. you s1l0Uld fo!'cw 11 13p:ocr~o..rr
1
S.30A.M, anto la coned~ Oistr1iQCJ ~-~at.rzch
.1sc1:s,rr: la describ&lt;'d
bcio,·::
iede c!e ta co;te &lt;1eEs:a:1's u.;do-s en c! P~s~0 1ftce
NO-ICE OF HE/\RING REGAROl'sG Pf.O"o,;.rn
Square, Bo!:ton. "11 :tS;S'!churn:'.s,tn cv,r, oc,::ion 1,;s:cd SEHLn,:~NT Ai':D PROCEC'',rn,FOR 03JECTING TO
pod~a C:Oli,µ8fCCCt )I cb;etRt la ;,·1.ovu~~,3
de lr,.r.S,J...: c;; ThE PRO"OS-D SEnLEM£,;T
y, on gere;;1I, scr esct.:chedc con rclac:cn a dicha
A hc:irl: g v,:!!tie he'd on .J: nuary 9, 1989, t' 9.~o J, M
1
lransaccion
befo•e 1r,c United St.:a.asO:r.trict Cc..irl f~r tt .-;.Dist~.:: 0
Si w-tcd desea oOietar la pro;,ucstil d~ transa.-:cioo, Mil.ssachuseus.United S!:l'.OsCourt J-k,u~r.Pozt o:.:c
usted t\cno qu.J cadic8s si..1cb, ,~;en,f'°' escfilo. !~Jr.loa Squ:.irc, Bosto.1,M,1s~at:huse1h:,
a: \•,11:ctit'm~ yOJ n:,:1}'.
cua1quier olro documenlO q;,;::;usud crcsc• prosen:ar appear and objccl i, ,~e p·oposcd s· 11:.mcn!c, o!hers•dc
reladonado con la transacci-on.a la sigu!onlc direccion: be heard rtspccting it
Clerk o! the U. S. o:::uic! Court 7th F,oor Bli'jt~i. ►,'A
If )OU•,/th to o!)jcct lhJ prOj)OS~dse !lern.,r.t,)'Ctl f;"\W,;.l
. 02109.
f !oyoi,.;1cb;ec!lori, in v:ritlng, k.'Q"n,.;:rv,·~ or/ n.::da'f ot~o~
Eno en!cz de! d•:1!) de enoro ~e 1989.Ni 1gunm:e:i,tiro popet$yv.; ,nay wish to prei~rn~1..1' :;\ t◊ tt,13:
s\,,;:!crn-::"!.
df:'I la clese que dc~eo obJetar la ttaf\s1cc!on, SN?. with
1
e$chuchedo ,.n la vir,'a e ne:.-ars!"'
a c3hoel9 de ~r.cro do
C!c.·kof ihi! U.S. O,st:ict CoJtl. 7th Ftoo·, Boston, t, ,.,
\SS9 y ningur. docufr.cntc somc::,do por cu~iq\,&lt;e, 02109
f rn1of'l'!btodo la clase ~tra rec·::-.-d?o considorodo PO' la
On or before Janua:y 9, 1993. No rr.embc.:•oi 1heci:1::s
. corto. oxc,:pto si la corto as.i!o ch:cdi lue-10dt: h::it;c:scle who d£:sircsto ob;ec; lo the scWer'llt?ntwiil b:. hc:ird at tho
• mo&lt;:Hadocause para el'o. a mcnc.:. que la persona qut hearing on JanJary 9, 1989 :!n~ no papdrs s.;h&lt;nil~&lt;:d
b;o•
• dcsca ser eschchada cont&lt; c~ola Cor.e C.:cD,s:rl:o c!e ia any mc:-r~erof the c:n$swi1I bo r,'c&lt;:ivodor cc .~·d_c.r~d
by
; fcrniu :mies de:;:eri13,en o antc:.sde! 6 de c0cro d&lt;J.1989. the Court, oXcept 31;tho Court mewothor,1/!(? d:re-clfer
7
Si ustcd en~iendo que c: rem::dro prov;sto bJjOS &amp;os cause shovm, un!e$S l~a po·sr:n cit.:S
ti.\g to be ht..ird
tcrm!nosdo la prcpuesta do u-ansac!':1_on
cs in&amp;decu1dv 'l con:~::ts th.! U s. District Cv:.Jr..a&lt;i~~t fo1h a~o. on er
quc 1il)Jl~ dcrecho a un ,emcdio eC1cionat o dilt?tc-r.:e, before.
d:!beta ~s·i, d:cat:o s: ...:--:,.~r.o E::./4at..:nac.:·t:. inC•,:a•'IJu U yN b,;;lir,vethat tho :e ,\.f pro..,.idedfor ).J~J vnd•.:. th,:su lnlencion de opone:to al r,ropuosto decrcto d• terms ol the proposed settlc:n, 1t 1slr:a~!•JqtJntcond you
1ran~acctonrechado por cJ C{'lm.:oen o antor de! 9 de deem you·sl':I cntitl&lt;:d to ood1tionalor d1Ucrenttel··' )'?J
on-'iro di3 1989. M prcsum:,a q-.1eus!ed es:adu acuerd::&gt; must objecl i:--,ihis niauo: to th? propo~e:dzc:::emc.ntIf ;·ou
con la propoer.1a trnnsaccion y cot tra impcdido por 'do 1l0lsend a lelt~r indicating your int~~n:lon
tooppo:t:&gt;tne
slcmprc c!e lnst.:1.r
una accion leg,1!contra la clu1ad de propofcd Cor,s~o! Dccr,_t poztr11a,
kt:d on o: bi,f-.:::rc
Lowu!I y SJS(.'l!;Cualas
p~l;!lv1~, quo !.uri~'\ d ? pit::ser.t~ JnnuJ.r/ 9. 1S&amp;Sycv \'•i'! be p:o'.'iu..-:cc.!
to C.:Jh;:? y,Jh t: ~
coso bajc. la cori~:durac.ioI d~ ta Cone. po~ a,:tcz y ptoposed srat:3:oont N1d you .,.,;nho: fore&gt;1tr!Jar.ed I:~
omis!o,1esor. .midos antes d:-15 de:Iaom.to c!a 1907. SJ b:im;:no anyfu•ther cia1m ?.; .:iin:.t:.iclityot I (fi.'t!l~ .,11,•1
prosum&lt;raiguz.:n"c•,tc:-1ueus.:t~ c~t~ Ce.nc•Jcr&lt;io_con Pub'ic Schco!s a:is·ro o.r: of t'.1epr~!,"f':1c,?s-ob.;;;!o·etr:c
propuo~tado tm"\r, cc,on yo-;' Jt.l 1m,,cd:dore~ :;;011I .c Courl for eclz or orr.is~ionsto r1ct:--c~Jr:•·gbttlorcAuou·l
de insta: n:ng·.maotra t.ccio1 legal COfllrala ci11d1?d
&lt;!lJ 5, 1937 you w;:J b!l pr-:-$um;.,d
:(1 n~r"- ,. th !~ep'~p,.~:.cd
LOWl?liy mr;; cseuolas pub:,'-:to qu9 s:rjan d.e.'p:ec""'ntc so1t!er1\cnt
and yo•Jvtil!be forovcr bu,,1,.,. horn r.r.np1r.ga"ly
caso nn!c la considerncion d;; If. C'101tcpm ocl•JS y further clnim ('.fl'llnst tho C·ty o! Lo•,••-~•!
r-.nd ita r-'~": c
om!:;i0r1e~ocu:r:da.santes do Agosto S. 1967.
Schoolsr.r"singout of II it~ p,('S! nt c;1-:.o
b.i:k,r-:-th~ Co..ir.ht
s.11 propuc,&gt;to,
do transaccionc • aprobac!npor la Corte. ac1so: omiss·ons to act occur"ng btfor.• Au:,l1.:.t5-.19Ei7.
la.Co11cta corwcrtlra en u:-iaorde ·1 iu-101;1!.
Dec. 28.31. J~n. 1.:' 4.5.6.
Si vstcd no tieno ot;:('li ·,;es. r,o n.;us·la !!ova·Ecdoo
alguna Si, sin ombargo. u!:tt•d obJcta !a p:opti~ ..!:i
trans~~clc-n. a lo cu~! t!ono d .:rt"•cl10. c!t:llo srou,r cl

co:s

t

!:,

�•

·WEDNESDAY,
NOVEMBER
23,1988

THESUN

EDITORIAL
;

ANOTHERVIEWPOINT

,.

.

Minorityrole.keyin superintendent
search
By CHARLES GARGIULO
and ARLENE DIAS
LOWELL - We are writing on behalf of
the Board of Directors of the Coalition for a
Better Acre, Inc. CCBAl to propose guidelines for the selection of a new superintendent of schools.
Our children are our future. In far too
many instances, our children are failing in
school and dropping out. It is time to change
our educational approach if we are to start
succeeding. A good place to start this positive change is in the selection of a new superintendent of the Lowell public schools.
Above all else, a superintendent needs to
have an ur,derstanding of the issues facing
public education in Lowell and a proven
ability to catalyze and work with the whole
community to develop and implement
meaningful responses to Lowell's educational problems.
If we are to find such a superintendent,
, the blue ribbon committee and the school
!Acommittee should be committed to working
• with the "whole community" in the selection process. In this regard, our first recommendation is that more representatives
from the so-called minority communities be
\ encouraged to participate. The indisputable
• fact is that the current school population is
now categorized as 42 percent minority, an
: increase from the 1987 figure of34 percent.
At this rate of growth, there will be no such
• thing as "minority" children in our schools
when the new superintendent begins work
in 1989.The CBA represents over 500 families in the ethnically-diverse Acre neighborhood and isone·ofseveral representative
organizations willing and capable of being
part of the search process.

Second, the CBA recommends that the that the contrary message will prevail and
School Committee commit itself to a nation- urge the committee to make a commitment
wide affirmative action search. As the CBA to an affirmative action search for this and
has recommended to the school committee every other position in the Lowell public
in the recent hiring of the new headmaster sehools.
at Lowell High School, the ethnic composiThird, the CBA recommends that the sution of the school population should be re- perintendent have proven leadership abilflected in the teaching and supervisory staff ity, commitment, creativity and experience
of the school department. Less than 6 per• to successfully confront the issues of an
cent of the entire school department's em- ethnically-diverse and urban school sys•
ployees is minority. Minorities in depart- tern. Some of the most important issues are:.
mental or administrative leadership posi• Aflirmative action hiring;
tions are almost non-existent.
■ Bilingual education;
Not only are minority teachers, princip■ Multi-cultural curriculae;
als, administrators and superintendents
■ Building parent involvement, especialcritical as role models and essential in com- ly outreach in minority communities;
municating with the present school popula• After-school and enrichment programs
tion, minority employees in the school also such as drug prevention methods;
will stimulate greater parent involvement
■ Sensitivity to needs oflow-income famiin both the minority and so-called majority lies;
communities. Minority parents are begin■ Reversing ever-increasing
drop-out
ningtoask how they can help their children, rates, and increasing achievement levels;
to better learn and achieve. They need peo■ Teen pregnancy, day-care issues; and
pie who speak their language and under■ Parent
and adult education and
stand their culture in the schools in order to empowerment.
begin a productive dialogue. And only
Last, thesuperinetendentneedstounderthrough multi-cultural exchange will both stand the great opportunities that we now
minority and majority parents and children have to make improvements to a school syshave the opportunity to enrich each other tern that is in transition and change. The
rather than sow seeds of division. A multi- superintendent can be an inspiration to stucultural school staff will be better for all of dents and bring new optimism to our city.
Lowell.
.. .
.
The grave responsibility for our communThe blue ribbon committee can make a ·ity's future generations ison the line in this
serious commitment to affirmative action selection. If the blue ribbon committee and
hiringbymakingsurethatqualified
minor- the school committee are brave enough to
ity applicants are aggressively solicited. embrace the recommendations of this letA failure to have qualified minority ter, fewer minds will be wasted and we will
candidates applying for the Lowell supertn• all live in a better community.
tendent position can only reflect a failure of
will by the school committee and a negative
The writers are co-chairs of the Coalition
message being sent from the city. We hope for a Better Acre in Lowell.

�Tuesday,
November29, 1988
Lpwell,Massachusetts
Page13

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•

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I Huntfornewschool

chiefmaystartsoon
By DANA F:RANCIS
Sun Staff
LOWELL - Members of the
school committee
appear
ready to adopt a community.
report on desired superintendent qualific'3.tions and may
consider launching a superintendent search as soon as this
week.
Member Mary Anna Sulli-'
. van has proposed that the
school committee, at its 7 p.m.
Wednesday meeting, authorize the ,start of a form a 1
search for a school superintendent immediately.
The motion comes on the
heels of a community report
outlining
recommended
criteria and qualities
for
Lowell's chief education
leader.

"We are a Iready a Ii ttle
late," Sullivan said. "The current superintendent's contract

CHIEF/Fr~m
Page 13.....~

'

expires in June, and most
cities our size have already
started their searches."
•
School committee members
say they generally are pleased
with the work done by a 16member blue ribbon panel on
community input. appointed
by Mayor Richard Howe in
September to find out what
qualities the public wants in
its school superintendent. But
some members would like to
clarify or change certain recommendations in the panel's
report, which recently was
finalized and sent to the school
committee.
•
School Committee member
Sean Sullivan wants to re•serve the right to submit
. names of school superinten- •
dent candidates who do not
otherwise make the list of I
finalists.
Please see CHIEF/14

. ..

"We should accept their recommendations and use them
And member
George
when the proper time comes to.
Kouloheras wants to make
find a superintendent. But the
sure school committee memlaw says the school committee
bers, in their haste to solicit
would find (superintendent
community
involvement,
candidatesJ, we would interdon't give up their legal right
view them and we would elect •
to make the final superintenthem, and I would not abrodent choice.
'
gate any of my authority
Four school committee
under the law."
members contacted Monday
The blue ribbon committee
• said they will be prepared on
recommends that the MasWednesday to consider the resachusetts
Association
of
port, which they have had for
School Committees Search
more than a week.
~
Team be hired to do the initial
"I would like to adopt the
screening of applicants. Then
whole thing_ Wednesday
a panel of community memnight," said member Regina
Faticanti. ''It is apparent the • bers would interview 10-15
semifinalists and present a
committee did a lot of work
list of four or five finalists to
and I think they have come up
the school committee for con'\with a lot of good recomsideration.
.
. -mendations."
Sean Sullivan said he ~vants
' Kouloheras said he has bet•n
the right to add names of his
reading the report carefully to
own for final consideration remake sure the committee did
gardless of the committee's renot overstep its original mancommendations.
date.

"If a name is not submitted
then so be it. I still will reserve '
the right myself to bring in
any name I think is qualified,"
he said.
The blue ribbon committee's
final report recommends launching a nationwide superintendent search for a person
with good communications
and leadership skills. The
ideal superintendent, according to the panel, would be paid
at least $75,000, would have a
master's degree and preferably a doctorate, and would be
skilled in handling budgets,.
directing new school construction programs -and working
with bilingual, special needs
and multi-cultural students.
The contract of Superintendent of Schools Henry Mroz
expires in June 1989 and the l
school committee has made no
decision on whether to renew
his contract.

�t

.STUDY PANEL:

Schoolboss
·shouldle.ad,
(communicate

Thursday,
Nove1nber
17,1988
Lowell,Massachusetts
• Page17

___________
_

• By DANA FRANCIS
.. Sun Staff

LOWELL - The ideal school
I superintendent would be an ex1' perienced communicator who
could lead an urban school sysI tern through the maze of modern
I challenges, according to a group
! of residents charged with find: ing out what the public wants in
• its chief educational leader.
Twelve members of the blue
ribbon committee on community
input approved a final draft of
recommendations to the school
. committee Wednesday nigh_t.
i: Relying on two months of study
and public input, members came
up with a blueprint of qualities
the community wants to see in
its superintendent.
The person, to be paid at least
$75,000, would have a master's
degree and preferably a doctorate. He or she would be skilled
in handling budgets, directing
school construction programs
and working with bilingual, spe! cial needs and multi-cultural
students.
• Barring any last-minute
: objections by members before 5
1p.m. Friday, the document will
i be forwarded to the school committee.

f

t

; Please see SCHOOL/20

SCHOOL/Fr':.p,--g.
•• ,;:-,
17

--n-~~-.:--~·

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\. -,~ Kn~wledge o~ft_h_e~·
c.-o-11-ec-tlve
• T_he·list ..of successful candi•
om·. a e •· • ;_bargaining process and experi- ·.'dates would then be given to a
, Other recommended c_riteria • ence in administi;ating n_egoti•;•spec_ialCitizens.Cornmittee of 16
• include: •
' .., ••: .. '" ''' '··
• ated contracts; •:·: :'
.members, who would conduct in•
,,,,,,Con1bined ·classroom· and :_'..·,_,,,,,,_
An ability tci set goals and• terviews and narrow down. the
administration exp_erience of ,:evi8luate~achers ,and admini~•., }~stto four or five people. • . '
five years or more with a docto- ;:tr!l~t:s, :,;1:~ :.
.
,,. The members would then 1n•
rate degree, and 10 or more :·:•.An introduction drafted by . vite each 6nalist to spend a day
years with a master's degree;
the committee
speaks of. in the city and would intervie\\'.
. ,,,,,,Strong· communication 1 Lowell's challenge as a growing·, th~m h1 public and in private.
I skills with·the ability to·com- :_$choolsystemconstrainedinits,··
The Citizens Committee
! municate with other adminis- . ability to raise rnoney by the would be .~omposed of repre,• trative personnel and classroom y tax-limiting Proposition 2½. . sentatives of nine educational
1
professionals;
.. • i: ··'·" , : ..• The report notes that the' and ·community· g~oups, plus
,,,,,,~trong e1nppas1son exper1- / school system has not kept pace seven mem~~rs appointed by the
ence 1n an urban school system; : with the recent revitalization in school committee.
,,,,,,Ex~erience with bilingual ..other sectors of the city: Com~ T_hecontra~t of the current su-,_
and special ~eeds progra~s a~d )m,ittee me~ber~ ~aid they ~rint~ndent; Henry yroz, ex1
-general curr_1culu~ ~la~n1ng,. wantedtoavoidpointingfingers
pires 1n Ju~e 1989,_and the
,,,,,,Experience with_ ~~lti• at anyone in particular, stating sch?~l comm1ttre~t(as made ~o
cultural groups; • •• •• ' - simply "There is blame.''
decision on whether to renew-lt·
,,,,,,Experience in educational
'
.
At the r~quest: of .member
fiscal management and budgetsi
The Massachusetts A~soc1a-. Mary Anna Sullivan, the sch?ol
,,,,,,Three-year contract"with tion of ,School Committees. committee approved formation
'yearly rollover clause; • . •
Search Team wou_ldwork as, :1•qfthe blue ribbon panel to solicit
• ,,,,,ApP,ropriate fringe benefit consultant, scr~en1ng the apph~ public commen~and recommend
package;.
, ••.· ' •• cants and making the fi_rstcuts desired supenn~enden.t qual,,,,,,Administrative experience of those deemed unqualified.
ities.
in a major school building prog- •
ram desira~le; •
'·!
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I ,

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~

Monday,
Januazy
11,1988.
Lowell,Massachusetts

-■

ID

- • - i •"The School Committee could
"Compared to when Mr.- O'Neill
1
began his career in l.owell 30 y~ •
take some lessons from the city
ago, the ethnic, racial and.linguistic
manager to make the city reflectthe
they are not
rompositionof Lowell has changed
mak&amp;up of the oommunity," Gor"At• what
point are we going to drastically," the CBA said m
• a re- ' giulo explained.
to th 20th Ce h, ... , • th
·t. '"l'here'sa lot ofpatoome lJl
e
n..,.,...JlJl e
l
• Mn_n_
J
I"Oil8ge - 1 just goes on and on and
rent etter to City u.uu'°!S=
ames
H (the SchoolCo
LowellSchool Syst.em,.,,.
Campbell "T"\n,,..,"t.e
th fact that
on.
mmittee) ke€µs
The CBA's request istimed with
• ~.,i
e
•
appointingfrom within it will never
r_., __ , •• ____.,; ti
• to oo ' over one fourth of the studentB m
hire a mmo·
n·ty becausethe1"' o""
'
a 1~~ mv.=\J~
~n _m . m- • Lowell Public Schools are from
c-"""
In contrast, about 36 percent
none to promot.e.
of Lowell's 13,000 students are plaints of racial discrimination by minority homes, the schoolteachers
and staff reflectthe mix of a city of I "This is not going to enhance
minority children. About 19 per- the LowellSchool_De~:nt.
As
part
of
the
mvestigation,
the
.,_.,. ago,,
wwell's standing if we ever get into
cent are Southeast Asian.
30 .,-~
U.S.Justi.reDepartrnentisstudying
•
a
rourtroom,"Gargiulo said.
"We are doing an incredible
Gargiulo said the CBAappealed
While Campbell favors the
disservice to students," said the. ratio of minority/majority
to Campbell because of his affirmaappointment of qualified minority
Charles Gargiulo, CBA presi- teachers in the Edioolsystem.
Representing •Lowell's largest ti.veaction appointmentsin city govcandidates to city positions,tlAj,
dent. "We need role models that
l1l8J18ger said it would not be ~p-are relevant to the kids. There is minority neighborhood, the CBA emment Sinre Campbelltook offire
has
targett:ed
its
efforts
on
a
houseone
year
ago,
he
has
appointed
a
er"
fur him to get involved in tl1e
a total lack of that for minority
• students.
master position at Lowell High woman, Raianne Riddick, to 8&amp;'ris- • SchoolDepartment's hiring process.
School, left vacant by the rerent tant city manager, a Cambodian, ,. To make "a good faith effo1t"in
"Kids aren't stupid - they pick up death of vet.eran Arthur O'Neill Narin Sao to the Board of Appeals . seekingminorityjob candidates,the
feelings and vibrations," Gargiulo The job pays a base salruy of and Angel Bermudez, a Puerto • '1 CBA suggested that the School.
Deexplained. "They can sense where $38,952.
Rican, to the Board of Asses3ol'8. partment form an ad-hocoonunittee
the opportunities ~ and wh_ere Please see HIRE/ 14
toassistinthe.hiringofanew
house___ I1 ._,.._._
1
1

CBAwantsminorityto fill
LowellHighhousemasterslot
By NANCY COSTELLO
Sun Staff
LOWELL - Citing the low
percentage of minority teachers
and administrators
in city
schools, the Coalition for a Better Acre (CBA) is urging education officials to hire a minority
to fill a housemaster position at
Lowell High School.
Minorities currently make up
two percent of the city's 100
school administrators and six
percent of the teaching staff.

,

J.IU:IZ:H.~J:.

I

Officials
urgedtohireminority
The School Department, Um-- ,
giulo said, is not using reoouroes
such as the NAACP, the Caml»dian Mutual Assistanoo Asoo:iation, Hispanic Parent AdvisJry
Committeeor the CBA in its hiring
. searches.
• • H~ also suggested.that the Ediool
board form a subcommittee to explore the possibility of appoin~
more minority teachers and, adxninistrat.ors.
While Schools Superintendent
Henry Mrot claims it's been difficult

.., llla.t
qww.nearrunonaes tor scnoo1
job,.
"I'd like to see more minority
candidates apply, but they should
meet the requirements," Mroz explained. "Being a housemaster at
LowellHigh Schoolis like being an
assist.antprincipal."
The qualificationsfor housemast.erinclude a bachelor's or master's
degree, a teaching certificate, a
secondary principal oertificat.eand
fiveyears teaching or relat.edexperienre.
According to Assistant Superintendent for Personnel Helen Flanagan, most minority teachers currently working in city schoolsdo not

meet their job requirements.
hasno plans to set up an ad hoc
Lowell Public Schoolscurrently oommitteeto assist in the appointemploy 9132teachers including 61 ment
minority instructors, most of them
working in the bilingual program.
He will adhere to the pi&amp;e.:it hirFifty-oneof the instructors are not ing system which requires the
oerti.fiedteachers and have been furmationof a nin&amp;mernbereearch
waived or are in the prc&gt;ce$:1
of re- oommittee including t.eachers,
ceivinga waiver from the stat.e,F1a- administrators,parents, oommunity
nagan said.
leaders and out.aideedumtional exIn addition, jobs involving the pert&amp;
educationof minority students have
alcn been difficult to fill, she said.·
Besides publicizing the houseThe positionfor a guidanre 00W1S0- master position in newspapers,the
lor who speaks Khmer, for example, superintendent said a job descriJ&gt;
hasbeen open sinre last fall.
tion will also be sent to the CBA.
For the hiring of the new ho1.1B&amp;The housemast.er
J:l(Xtition
will be
master, the superintendent said he posted Wltil Jan. 25. .

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lETTERS

WEDNESDAY,
JANUARY
6, 1~88 ,

THESUN

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.

L9wellHighneedsa minoritymember
as its newhouselTlastel'
•
LOWELL - The recent
death of Arthur O'Neill is a
great loss to.the City of
Lowell; his service of over 30
years in the Lowell Public
Schools speaks for itself.
The city is now faced with
the task of seeking out candidates for the housen1aster position at Lowell High School.
Filling r.vtr.O'Neill's shoes will
not be ea :\Y.The housemaster
• is not only an adminstrator ••
but is also responsible for setting the tone for a supportive
moral and behavioral atmosphere among teachers and the
students who are his/her
cbarges.

For the students, the house•
master should be a role model
and help to create hannony
through mutual respect. The
housemaster is often the only
contact of both students and
parents with the high school
administration.
'

The board of directors and
the more than 600 members of
the Coalition for a Better Acre
Inc, (CBA) urge the city manager to appoint an ad hoc
citizens committee to work
with members of the School
Committee, superintendant
• and the city's affirmative ac- •
I tion officer to recruit actively
and hire a qualified minority
candidate to fill the houseinaster position at Lowell High.

--

1\vo pressing needs in the
A minority housemaster will .
Lowell Public Schools will be
further.dialogue and mt_ttual
addressed by hiring a minority · understanding - all of Lowell
candidate:
will benefit from this.
Compared to when Mr.
■ There are currently no
O'Neill began his career in
ininority teachers or adminis• Lowell 30 years ago, the
trators at Lowell Hlgh except ethnic, racial and linguistic
token representation in the
composition of Lowell has
bilingual department. This
changed drastically. Yet dewill be an important and visi- spite the fact that over a quarble first step in the enfranter of the students in Lowell
chisement of minorities in a
Public Schools are from sosystem that, up unitl this .
called "minority" homes, the
point, has shut the door.
school teachers and staff reThe goal of affirmative·acfleet the mix of a city of 30
tion hiring is to employ minor- Y,earsago.
ities in numbers that at least
Now is the time for positive
reflect the minority population and constructive actions that
in the schools and in the city
will deal with some of the
as a whole. The goal of cenunderlying problems of hiring
tralized enrollment is to depractices in the schools.
segregate a segregated school
Affirmative action hiring ultlstructure. Integregation of the mately can result in participastudent body is meaningless
tion, pride and progress of
without corresponding action , those that have been shut out.
to make affirmative action hiring practices a top priority of
Through inclusion in the
the Lowell Public Schools.
city, people can become part of
the solution to one of the big■ Minority students have no gest problems on everybody's
adult role inodels in the school agenda in the city: improving
system; minority students and the quality of educational
parents are always in the
opportunity for all.
situation of communicating in
an alien language and/or culThe CBA therefore urges
ture. The housemaster can do
appropriate officials (a.) to
a great deal to bridge the gap, direct the affirmative action
both between minorities and
officer to begin immediately
the schools and also among all the search for outstanding
members of the community at minority candidates for the
large.
housentaster position at Lowell

High and (b.) to appoint an ad
hoc citizens committee to work
with the auperintendant and
members of the School Committee to evaluate and hire the
beat possible candidate for the
job.
.
Representatives from the
CBA will be happy to participate on or assist the com- ,
mittee.
The CBA looks forward to
beginning the search for a
minority candidate at the earlist po~ible date.
,
'

I

CHARLES GARGIULO
ARLENE DIAS

The writers are, respectively, president and vice president of the Coalition for s Bet-

~r Acre Inc., Lowell.

�..

THE@SUNe
Lowell, Massachusetts
Foundedin 1878
By John H. Harrington

John H. Costello,Sr., Publisher
John H. Costello,Jr., Editor
James I. O'Hearn,GeneralManager
KendallM. Wallace.Asst. GeneralManager
Peter Ellis, ManagingEditor
Vol. 104, Monday, Jan. 11, 1988, No. 8

Minority
housemaster
If Lowell High School needed a driving instructor, and no one qualified sought the position, would the School Committee and School
Department scuttle driver's education?
No, officials would actively search for an
appropriate candidate. ,
:
If an elementary school needed a physical
education instructor, and no one qualified applied, would the gym program fall by the
wayside?
No school authorities would make it their
busi~ess to seek someone - even if it meant
going beyond the city limits.
Yet, inexplicably, when it comes to minority
hiring, the public schools in this city have a
"shrug-the-shoulders, you-mean-us" attitude;
Superintendent Henry Mroz and the school.
board may not be hostile to hiring minorities,
but neither are they enthusiastic. Lowell's
approach seems to be a reverse of the old line,
"Don't call us, we'll call you." Here,. it's "You
call us, because we'll never call you."
Apart from cutting the municipal phone bill,
such an attitude has resulted in an appalling
lack of teachers and administrators in the
school system who are members of a minority
group.
·
As a public employer, the city School Departm-ent has a special obligation to provide equal
opportunity. Currently, the U.S. Justice Department is investigating charges of racial discrimination, and, indeed federal o~cials want
to peruse minutes of School Committee meetings going back to April of 1985. If the school
board is found in violation of federal civil
rights and equal education laws, a lawsuit
could be filed.

-

Only 2 percent of administrators and 6 percent of teachers employed by the School Department are minority me~ber~,. and most of
them work in the burgeoning bilingual program. Outside of that environment, blacks, Hispanics, Southeast Asians and others are r~re.
Such imbalance could be construed as bias
and that from an ethical and a legal perspec' be bad enough. But, more impor.
tive would
tant is the message the imbalance sends to
stud~nts and the community at large.
Lowell enrolls thousands of minority students. That numbe,r accounts for approximately
36 percent of the school popula~io~, and the
percentage has increased steadily in the last
several years. That increase stems largely from
the heavy influx of Southeast Asians. In fact,
they account for 19 percent of the student
population.
.
..
With such numbers, the need for more nunority teachers and administrators is obvious. •
Such persons, apart for the g.eneral ~ualifications that should be required, can bnng a
wealth of personal experience to the schoo~system. Students of similar backgrounds can identify with that. They can find role mo~els. Even
discipline problems can be more readily
••
1
handled.
.
•
•- ·.
The Coalition for A Better Acre (CBA) has
1 called upon authorities
to create an ad hoc committee to find a minority candidate as the new
1 housemaster for Lowell High School. That job
I • is a key administrative
posit!on. _Thecoalition
correctly points out that a minonty member
could serve as important link between the
• schools and the minority communities. The
•CBA's intentions are laudable, but the
approach seems limited, as ad hoc efforts peren1 nially are.
.
I Superintendent Mroz, howeve:, pre~ers to follow the traditional approach, using his own
And that could lead to the system's
I committee.
business-as-usual approach. More hiring from
within, another opportunity for infusing m.ino~ities lost.
.
Why not simply put some of those interes~ed
in a minority candidate for the housemasters
job on an expanded version of the Mroz panel.
The system could then undertake a thorough
1 search for a minority candidate and begin to
make minority recruitment a part of the system's overall hiring practices.
It's time for Lowell's schools to recognize
1
reality.

I

'

.,

�THESUN

THURSDAY,
JANUARY
281 1988
. .

.

LocALNEWs

:school
committee
formspanel
, tostudyminority
hiring,policies
.

.

.

.

.

•

LOWELL - On the bidding of percent· of Lowell's 13,000 s~useveral concerned citizens, stu- dents are minority children. •
dents and community groups,
"How is it that in 1988, severthe Lowell School Committee al years since the Civil Rights
Wednesday night established a Act was passed and in an agency
subcommittee to explore options that was mandated to be an
for an affirmative action hiring equal opportunity employer, we
poli_cy.
still have (so few) minority
The committee, however, teachers and administrators?"
turned down a recommendation asked Andy Chandonnet, direc.by Schools Superintendent Hen- tor of the YWCA's Project Fresh
•ry Mroz to extend the resume Start.
•deadline for the vacant position
"Without a committed effort
, of Lowell High School house- to advertising through minority
:master - ajob many local activ- networks there is a subtle mesists hoped would be filled by a sage being sent out - 'Minorminority candidate.
ities need not apply,'" ChandonThe votes come on the heels of net explai~ed.
a proposal by the Coalition for a . "I have a cousin who lives in
..Better Acre to replace the late New York and at her sc~ool
•.Housemaster Arthl,!r· O'Neill - there are many teachers of diffewith a minority administrator.
rent colors and .religions," said
CBA officials based their re- Lowell High School student Luis
• quest on "disturbing'' statistics Melendez. "In that school you
which reveal that minorities don't see the racism that Lowell
make up only 1 percent of the High has."
.
school department's administra_CBA representative· Ar~ene
·tors and 6 percent of the Diaz encouraged the committee
:teachers. In contrast, about 36 to extend the hirinlZ deadline
'

I

and broaden its search for a
housemaster to attract more
minority candidates.
"We have to look in cities
throughout the country - internationally, if necessary," Diaz
said. "I believe qualified minority candidates are out there, but
we have to reach out to them."
School Committeewoman Dr.
Mary Anna Sullivan responded
with a proposal to form a subommittee to study the possibility of establishing an affirmative atti_onhiring policy for the
school department.

'

"We need role models for our
children to identify with," Sullivan explained. "We need minority teachers, not just for bilingual courses, but also for mainstream classes so all children
can see minorities in roles of authority and distinction."
; Su!livan's proposal passed
unanimously, but a later move
to extend the hiring deadline for
the Lowell High housemaster
position had only the support of
Committeewoman Regina Fati- •
canti.

1

�LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW
OF THE BOSTON BAR ASSOCIATION
294 WASHINGTON STREET • BOSTON, MASSACHUSETTS 02108 • (617) 482-1145

Steering Committee
Hugh R. Jones, Jr., Chairman
John Taylor Williams, Vice-Chairman
John F. Adkins
Edward J. Barshak
G. d' Andelot Belin
Arthur L. Berney
Mark S. Brodin
James K. Brown
Judith Olans Brown
Charles C. Cabot, Jr.
Judith Nelson Dilday
James S. Dittmar
Joseph D. Feaster, Jr.
Timothy F. Fidgeon
Steven S. Fischman
Thayer Fremont-Smith
John B. French
Nancy Gertner
Geraldine S. Hines
William P. Homans, Jr.
Laurence M. ,Johnson
Scott P. Lewis
Hans F. Loeser
Joan A. Lukey
James J. Marcellino
Margaret H. Marshall
Frank I. Michelman
Cornelius J. Moynihan, Jr.
Robert A. Murphy
Rudolph f. Pierce
John A. Pike
Glendora M. Putnam
John R. Regier
Samuel S. Robinson
Richard A. Soden
Nicholas U. Sommerfeld
Joseph D. Steinfield
Daniel D. Sullivan
Thomas V. Urmy
Dianne Wilkerson

31 July

1987

Clerk, United States District
Court
District
of Massachusetts
John McCormack Post Office &amp; Court House
Boston, MA. 02109
Hispanic Parents Advisory
George Kouleharas,
et al.

Council,

Enclosed for filing
please find the Complaint in the
above-captioned
matter accompanied with the Civil Cover Sheet
and case information
form, and a summons for each defendant,
along with a check in the amount of $120.00 in payment of the
filing
fee.
I would be grateful
if you would issue
return with our messenger.

It should be noted that the above-captioned
matter is
related
to Lynn Hispanic Parents Advisory Council, et al. v.
John H. Lawson, et al., Civil Action No. 85-2475-K. One of
the parties
in the above-captioned
action is also a party in
the Lynn Hispanic PAC, and two of the statutory
claims are
similar.
to this

matter.

Sincerely,

a~~~
Alan Jay Rom

Staff Counsel
Nadine M. Cohen
Alan Jay Rom

Secretary
Betty L. Williams

the summonses for

We have contacted
the City of Lowell and the Clerk's
office has indicated
that it will accept service of process.

Thank you very much for your attention

Office Manager
Karen T. Horner

v.

Dear Sir/Madam,

ExecutiYe Director
Barbara R. Arnwine

Director, Project to Combat
Racial Violence
Robert P. Sherman

et al.

Roger L. Rice, Esq.
Camilo Perez-Bustillo,
Thayer Fremont-Smith,

Esq.
Esq.

�UNI.TED

1

$TA.TES

DI.STR.ICTf

2

DISTRICT

COURT

ft:E~A,SSACHU~~i'gS
VI

3
4

~ '"' ,-. - .....

- • .,.. ,-...... -. - "''.,f;
HlS}?AN;I:C PARENTS ADVIS0·RY'
COUNC ;I:L r ET AL
t'J. \.S .

j

:x8
-x·
:x

10

1

5

1

~11
'89
• ) '·IR-I
OF CIVI·L

.SF.f'TS

vs ..

NO.

6
7

ACTION

87-19.68-H

G,EQR~E, KOULEHARAS r ET A.L ..

8
9

BEFORE;

10

THE HONORABLE

EDWARD F.

UNITED

DISTRICT

STATES

HARRINGTON
J,tJDGE

11

WEARING

12
13

A,PP.EARA,NCE~;•
·Roge:v
L. Rice, ,' Esqu.i-re, ' and Cart).tlo
Pe,rez-Bustilo,
•
Esqut-re,
META. }?roj ect,
SQ Broadway,,
Somerville,
02145~
on behalf
of the Pla.tnti'ffs.

14

MA

15

Alan
.il'a.y· Rom? Es·q,ui'rer
Lawyers·
~i'gh.ts,
294 Washi~ngton
Street,
on befialf
of the Plai'nti'ffs·.

16

Commi'ttee
Boston,

for
Civil
MA 02108,

17
N

0

Th~omas E. Sweeney·,
Esquirer,
Ci'ty· Sol.i:citor,
City
Hall,
C,tty· 0£ Lowell,
375 Merri'macR
Street,
Lowell,
MA
01852~
on behalf
of tfie Defendants.

18

0

~

0

19

Court:r;oomNo. l
Pos·t Off i-ce &amp; Courthouse
Bldg.
Boston 1 Massacfiusetts
02109
December
g, 1988

20
0
u

..
"..
0

21

z

w

22

B.a_rb.a.ra S·akurai'
-.- Court
Reporter
1221 Post
Office
&amp; Courthouse
Bidg.
Boston,
Mas·s-acBus·etts·
0.2109'

23
24

Method
25

ot

Reporting:

StenotypefNote~eadi'ng

�2

THE CQU~T~

1

2

would

coun~el

please

tdenttf~

the:ms:el yes:?

3
4

tife.

plai'nti-:-fts-.

You

THE COURT;

I,s

6

¥cu

a~e

over

7

ij,R.,

RJ::CE:.

10

were.

here

on

case?

6locR.

we wi'll

get

1-' saw you

Wfien

MR .. P,EREZ--.Bl.JSTt'LO:

your-

Honol;i c, fox-

tfie

pla:t-nti':-ffs·

I

a two-for--one

·Rp:m.,also
'

for,

the

19

th~

My na;me is

that

:Js'am Tfiomas

r repre.s·entj~ng

r

THE. CQUFT;

+~und,er1?:tanq

Perez-Bustilo,

Alan

Jay

plai'nti';ffs·.,

Hpno:r; r C.j..'ty, Soli'Ci',tor

18

you

..

·MR, SWEENE¥:

17

I' thought

am Camilo

MR,. ;RQ&gt;M~ Good 'I\)orni'ng.

15

16

Lynn

thtnk.

'
cas-e,

tl'i:e w:ronge

13
14

the

tfie

Mayne

THE COURT:-

11

12

all

thts

I

1.

settleJl)ent.

9

0
0

s 1een -me nefore

5

8

H

nave

I' wtll

the

w.~11 fiear

heav

from

tfie.

Sweeney·,

your

de.fendants.
fr-om

tfi.e

plaintiffs.

pla.tnti~fs

that

~

0

11.)at.teu fias,

fieen

..;
z
z
0

►

•m
0
V
0

•

"wz..

R,ICE:

MR,

20
21

Mr.

Perez

22

questions.,

has

settled~

handled

b.e ts

most

the

guy

23

Y·es,

24

THE COURT:

25

T5a,t
of
to

we have

ps· :r;i'9h.t,
tne

talk

work.

your
If

Honor._
you

have

to.

settled,
Our

purpose

he.re

toda.y,

I

any

�3
1

suppose,

2

notice;

is

approval

is

that

3

5

going

6

able

to

announce

7

ment

of

clai':Il)s

8

mi:norrty

9

Laoti'an.

to

report,

on

for

after

Rids

N
0
0

18

years

we have

approval

rs

the

now,

your

of

the

te:xt

happy

Honor,

for

Hispanic,

of; the

to

be

a process

a mutually

programming
~-

We are

negotiations,

reached

regarding

That

but

we are

agreeable
the

settle-

linguistic

Cambodian,

agreement

submitted

to

you.
The other
noti'Ces

to

settlement

the

class,

matters
proposed

a9reement

class

that

h~s

to

before

as

Who i's

tne

clas·s-

th.e

Lowell

to Jl)otion
as

that

are

asking

proposed
that

a consent

the

the

order.

class?

Who is

the

Be noti'fied?

.MR,. J?EREZ-BUSTILQ:
a~.s.ented

you

orders

be.entered

THE COURT;

16
17

two

we repit:esent

14
15

and

Yes.

extensive

almost

11

13

settlement

MR. PEREZ-BUSTILO:

able

12

the

right?

4

10

of

:for
of

+n the

ot class

determi'nati'on

all

lingui's·ti'c

motion

for
--

mi'nority

the

--

we describe

children

in

~

0

19

ppbl.i:c

s·chools·

who have

been,

currently

are

w

••
0

►

"

m

0
V
0

20

{)r tiyi-11 fie entitled

servrces·

purs.uant

to

th.e

settlement

21

"w"•

..

to

THE COURT:

22
23

are

they

MR, PEREZ-BUSTILO:
dtf:ferent

people

i'n tfie

future,

how

nottfi:ed?

24

25

Thes·e

forms

of

notice,

your

We are
Honor.

proposing
We are

various

proposing

�4
1

certai:nly

through.

2

for

3

through.

organizations

4

Laotian

communities

5

per:i:-od

6

wi·th.

7

J?OS·s-.t'ble 9r;oup

I

example,

;for

10

of

the

to

there

wrtfi.

any

re9a~d

Honor,

Cambodian

and

perhaps

and

a 30-day

filed

or

comments

to

be

filed

to

maRe

sure

that

the

broadest

l'iear

from

the

City.

of

the

city

addres·sed.

ofijection
not

Hispanic,

your

6e

rn order
is

r

broadcast,t'n9

programs,

we represent,

ob.jecti-ons·

th.e Court,.

radio

THE COURT:
Js

throu9'ti.

Spanish--languag-e

8
9

r,ubli;ea,tion,

to

I wi'll

voi-ced
tfie

on befialf

S€ttlement

But

to

the

notice

11

M~, SWEENEY;

12

13

d,tscus.se.q

14

i't

th.:j:-9 Il'la.tter

s·eem.s,. to

N

0

w·i-tfi counsel

6:e ·appropri-ate.

notfiin9

;fµrtfier

17

re;yfe.w· what

fias

for

th.e

Be done

tfien

to

Been

propos·ed

plaintiffs,

a,nd to

than

ado)?t

we need

to

all.

is

court

jv.s.t

and
at

So there

i'n tni's

I thi'nR

We

no objection

A_ll ri9h.t.

MR.,. RICE {

18

no objections.

We fiave

THE COURT;

15

16

We have

pick

to

it.
a date

0

~

0

"z

19

a, fieari'ng

:j.'-f there

r

w.e.re any

O6.ject.i~ons

from

members

of

This

is

w
z
z

..
0

••

20

THE COUR.T:

0

u
0

•z
"w

..

21
22

the

.:et:rst

of, th_:/.:s: type
MR. RICE:

23

24
25

of

involved
according

in
to

it

is

your

30 -calendar.

What

do you

case

that

In

other

20 or

propose?

I. have
cases

30 days

fiad.

that
--

your

we have
Honor,

been

tor

�5

THE COURT:

1

2

MR. RICE:

4

to

5

out.

give

us a date
In other

Essentially,

so we can

cases

nobody

THE COURT:

6

January?

in

date

to

your

Honor,

has

shown

Why don't

the

come

in

If

9

'.MR. PEREZ-B.USTILO:

That

10

THE COURT:

all

11

M~. SWEENEY':

12

THE COURT,

14

proposed

~nd

~

•ill

any

Is

That

All
to

.tn teril)s

of

the

9th

of

.is fine

with

us.

agreeable,

your

Honor.

So th.at

extent

will

I need

be

to,

the

the

prov.is.ions.

The only

18

is

the

16
I

it

date.

r.i:gfi.t?

ri9fi.t.

MR, PF.FEZ-BUSTILO:

th.ere.after

we send

objections.

that

15

17

have

objections.

approve,
• '

not.ice

notice

we put

MR. RICE:

1

you

up on this

8

4ate

would

it

for

13

Th~t

put

be

7

N

another

here?

3

0

For

J?Ursuant
cos.ts

Thank

otheY·matter
to

and

Rule

th.at

1

we would

27,
sort

you

local
of

your

Honor.

be moving

Rule

27,

would

i'f,

in

be

thing.

0

~

0

0
V
0

•.,

19

THE COURT:

20

'MR. SWEENEY:

21

there

a.re

Who pays

for

costs?

The defendants·!

fact,

sofl}e.

~

w
L

THE CQURT,

22

23

b.e :m,oyi-nc., ~.µ6.$eq_uent

24

tor

25

c9s,ts.

to

I wi:1.1 rule

Tfiey

i'ndi'cate

tfiey

J,anuary

9th

on that

wh.en th.e

MR. SWEENEY:

I Believe

1

under

that

are
Rule

trme
will

going
27,

comes.
be

to

�6
1

opposed,

your

Honor.

2

THE COURT:

I

am sure

to

some

degree

it

3

will

be.

4

See

you

then.

5

(.Whereupon

court

was

adjourned.)

6
7

• CERTIFICATE
8

r,

BarBara

Sakurai,

Official

Court

Reporter,

9

.On;i.'ted

S'ta_tes

D_f$·tri'Ct

Court,

do

hereby

and

accurate

certify

that

10

the

for.ego:j.~ng

t,s a, true

transcript

of

the

11

proceed:j.'ngs·
12

taken

tr an$:cr '.j;l:ted under

down

By- -me rn

-my, direction.

14

15
I

17

N

0

18

0

~

0

19

20
0

u

.,
z

0

21

C

w
L

22
23
24

25

shorthand

and
\I

13

16

machine

�-'
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)
)
)

Plaintiffs
vs.

) Civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)

Defendants
_______________
)

)

JUDGMENT

WHEREAS, on August
commenced
a class

this

suit

Public

Determination
been

the

above-named

as a class

linguistic

action

Plaintiffs
on behalf

minority

students

in

of
the

and

pursuant
of

allowed

all

Schools;

WHEREAS,

1987

in part

comprising

Lowell

5,

to

the

an

assented

above-mentioned

as a class

action

to

class

pursuant

this

to Rule

Motion

for

action

has

23 F.R.C.P.;

and
Notice

WHEREAS,

pursuant
Court

to
has

Rule

been

November
opportunity

3,

1988
given

Settlement

F. R. C. P.

given

WHEREAS, no

of

and

to members

and

in

a

of the

objection

to

has

received

to hear

been

the

any comments

Notice

form

Hearing

approved

class;

by

the

and

Consent
and

of

Order

there

thereon;

has
and

dated
been

�WHEREAS, the
this

matter

fairly

and

addresses

Plaintiffs

that
the

1988 be entered

that

finds
the

the

as the

that

it

Consent

matter

and Defendants

ORDERED:

DAT

Court

in
it

the

has

jurisdiction

Agreement
Complaint

over

properly
as

and

between

the

is,

Consent
judgment

Agreement
of the

dated

court

in

November
this

D:

By the

Court

Honorable
Judge
United
States

District

c

matter.

3,

�•

UNITED STATES DISTRICT
DISTRICT

COURT

OF MASSACHUSETTS

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, ET AL.,
Plaintiffs

)
)
)
)
)
)
)

v.
GEORGE KOULOHERAS, ET AL.,
Defendants.

CIVIL ACTION NO.:
87-1968-H

)

J U D G ME N T
WHEREAS, on August
commenced
class

this

suit

comprising

Public

in

all

Schools;

5,
part

allowed

as

above-named

as a class

action

minority

plaintiffs
on behalf

students

in

of
the

a

Lowell'

and

of

the

a class

Fed.R.Civ.P.

to

an assented

to Motion

above-mentioned
action

WHEREAS, Notice
to

the

linguistic

WHEREAS, pursuant
Determination

1987

pursuant

of

23 and

class
to

Settlement
in

this

action

Fed.R.Civ.P.

and Notice

a form

for

approved

of

by the

has

23;

and

Hearing
Court
~

been

pursuant
has

been

t

given

to

members

of

the

class;

WHEREAS, no objection
1988

has

been

received

hear

any

comments

and

to
and

thereon;

the

there

Consent
has

been

Order

dated

opportunity

November
given

3,

to

and

IT IS THEREFORE, HEREBY ORDERED, ADJUDGED, AND DECREED, and
parties

do hereby

consent

as

follows:

�•

That
as

the

a Consent

entities
office,

attached
Order

on both
agents,

participation

Voluntary

in

this

sides

of

employees,
with

case
this

Lau Compliance
binding
matter,

and all

upon
their

persons

Plan
the

be entered

organizational

successors
in

active

in
consent

or

them.

EDWARDF. HARRINGTON
United
States
Distri

- 2 -

Judge

�UNITED STATES DISTRICT
DISTRICT

COVRT

OF MASSACHUSETTS
Civil

No.

87-1968H

)

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et al.,
Plaintiffs

)
)
)

PLAINTIFF'S
MOTION FOR AWARD
OF ATTORNEYS' FEES AND COSTS

)
VS.

)

)

GEORGE KOULOHERAS, et
Defendants

al.,

)
)

______________
Pursuant

to

)

42 U.S.C.

§1988,

PARENTS ADVISORY COUNCIL, et
attorneys'
amount
rely
Award

fees
of

in

$5,366.67.

on their

submitted

amount

L. Rice,

al.,
of

As grounds

Memorandum

of Attorneys'

Rom, Roger

the

Fees
Camilo

in

plaintiffs
hereby

move for

$162,567

and costs

for

motion,

Support

and Costs

LOWELL HISPANIC

this

an award
in

Perez-Bustillo

the

plaintiffs

of Plaintiffs'
and the

of

Motion

affidavits

for

of Alan

and Nury Marcelino

herewith.
LOWELL HISPANIC PARENTS et
By Their

Attorney,

Thayer
Freemont-Smith
Choate,
Hall &amp; Stewart
53 State
Street
Boston,
MA 02109
(617) 227-5020
0550n
I HEREBY
CERTIFY
THAT
ATRUE
COPY
OF
THEABOVE
DOCUMENT
WASSERVED
UPONTHEATTORNEY
OFRE?O~D
FO~
EACH
OTHER
PARTY
BYM(\lull~lQ_~~
t'f-/ P-q

3/

TM·

al.,

�I

•

UNITED STATES DISTRICT
DISTRICT

COURT

OF MASSACHUSETTS

Civil

No.

87-19688

)

LOWELL HISPANIC PARENTS
)
ADVISORY COUNCIL, ET AL.,)
Plaintiffs
)

MEMORANDUM
IN SUPPORT OF
PLAINTIFFS'
MOTION FOR
AWARDOF ATTORNEYS' FEES
AND COSTS

)

vs.

)
)

GEORGE KOULOHERAS, et
Defendants

al.,

)
)

_____________
I.

INTRODUCTION

Plaintiffs
a final
dents
to

of

minority

Fourteenth

further

and

this
students

that

resources

failed

ited

English

Title

VI of

to

the

Civil

Educational

Opportunity

the

the

Rights

Lowell

to

limited

Plaintiffs

sought
1964,

of

1974,

access
the

segregation
system

provide

English

and Asian

of

stu-

of

violated

The plaintiffs

failed

34 CFR Section
Act

school

Hispanic

Act

1987,

the

Constitution.

of

effective
of

that

by obtaining
and Asian

and

In July

alleging

students
all

VI},

equal

defendants

proficiency.

Title

§1983.

for

in
to

the

identify

(hereinafter,

u.s.c.

case,

case

Hispanic

programs.

Amendment

alleged

instant

guarantee

proficiency

educational
initiated

1n the

that

English

defendants•

staff

prevailed

judgment

limited

bilingual

and

have

consent

plaintiffs

the

)

proficiency

students
relief

20 U.S.C.

et

of

lim-

pursuant

42 U.S.C.
100.1

adequate

to

§2000(d),

seq.

§1703(f),

the

Equal
and

42

�•

•

Plaintiffs

have

been

represented

in

this

Rom, an attorney

with

the

Lawyers

Committee

Under

Rice

and

Camilo

Perez-Bustillo

Law,

with

the

Roger

Multicultural

Project.

Mr.

tance

from
II.

Education,

Rice

Nury

PLAINTIFFS

"prevailing

neys'

purposes

litigation
in

which

bringing

278-279

(1st

448

U.S.

275,279

Asian
lic

42 U.S.C.

the

succeed

the

1933,

rights

assis-

129-130

(1980);

of

limited

English

The

consent

decree

the

schools

to

have

substantive

take

v.

entered
specific

in Lowell

-2-

into

to

clear

they

Helgemoe,

through
Hispanic
Lowell

by the

parties

assure

to

v.

581 F.2d

1n the

action
and

v.

Maher

for

proficiency

is

when

prevailed,
relief

275,

it

judgment.

in

sought

Hensley

prevailed

Nadeau

plaintiffs

obtaining

defendants

have

issue

581 F.2d
in

attor-

parties

Further,

a consent

in

the

approval

(1983).

fees

for

significant

Helgemoe,

to

attorneys'

§1988.

benefit

with

1939

through

case,

of

attorneys

parties'

on any
the

v.

quoted

present

schools.

both

UNDER 42 U.S.C.§1988
of

'prevailing

Nadeau

1978).

students

segregation

to

some of

Cir.

order,

requires

pursuant

1978),

122,

(1st

consent

an award

may be considered
their

In

to

they

suit."

103 C.Ct.

vindicate
Gagne

if

Cir.

parties

Rights

paralegal

PARTIES''

entitled

achieves

the

Eckerhart,
that

are

may be considered

fees

Civil

and Advocacy

received

ARE ''PREVAILING

parties''

"[P]laintiffs

by Alan

Marcelino.

The Plaintiffs
as

for

Training

and Perez-Bustillo

action

remedy
equal

the
and
pub-

the

�educational

opportunity

to

Proficiency.

Thus

final

constitutes

a negotiated

entitles

plaintiffs

prevailing
S. Ct.

2570,

The

expended

of
of

in

the

the

case,

issues

attorneys'

Gagne,

448 U.S.

on the
Id;

1980).

This

litigation

lodestar

contemplated

568

(1986).

multiplying

in

which

this

case,

fees

and costs

122,

129-130,

number

as
100

is

hourly

calculated
rates

expended

Rom, Rice,

Perez-Bustillo,

of

Exhibits

annexed

Rivera,

their
by the

reasonably

920

to be the
v.

on the

to

461 U.S.

hours

915,

presumed

Riverside

reasonable

is

hourly

(1st

Cir.

reasonable
477 U.S.

requested

number
lawsuit.

424,

reasonably

by a reasonable

635 F.2d

figure

have

of

attor-

§1988

Eckerhart,

multiplied
Bishop,

reasonable

42 U.S.C.

the

by §1988.

affidavits

A.

to
v.

Plaintiffs

attorney

of

561,

fee
hours

by
that

(See

Nury Marcelino

and

the

thereto).
Reasonable

appropriate
are

v.

the

Hensley

reflects''

Furtado

fee

calculating

pursuant

''lodestar.''

lodestar

rate."

community

v.

for

be awarded

the

lodestar

Order

English

(1980).

point

to

calculate

The

an award

Maher

starting

fees

433.

Consent

limited

CALCULATION OF THE LODESTAR

The
neys'

to

2575

of

settlement

parties.

III.

each

the

students

''the

regardless

Hourly

hourly
prevailing
of

Rates

rates

to

market

whether

be used
rates

plaintiff

-3-

in

1n calculating
the

the

relevant

1s represented

by

�private
895

or

nonprofit

(1984).

neys'

A court

skill

Copeland
with

Marshall,

approval

F.2d

915,

1202

919-920

The hourly
able.
indicates

that

education

law.

bilingual

education
other

settled

by consent

at

on legal

cess

an expert

obtained

in this
drafting

negotiating

the

settlement

The hourly
and Roger
seeks

Rice

rates

at

Bustillo

seeks

$150/hour.

cational

civil

rights

Rom has
been

541
635

to

complaint
the

rate

litigation

The

since

to

in

action

has
1969.

the

suc-

and

(Exhibit

and

a

record

primarily

Camilo

been

Community

Rom was

defendants.

Rice

-4-

have

in

He teaches

,12).

this

in

counsel

,r3).

$190/hour

Attorney

and

expertise

that

reasonable.

of

affidavit

Hispanic/Latino

by Attorneys
equally

reason-

litigation

significantly
Mr.

with

His

issues

the

are

plaintiffs

(Rom Affidavit

sought

the

cited

Bishop,

a special

(Rom Affidavit

the

of META are

compensation

rights

litigation.

for

v.

in civil

Rom contributed

responsible

1980),
Corp.,

$175/hour.

relating

Mr.

attorrates.

counsel

bilingual

decrees.

the

Electronic

Rom is

He has

University.

that

the

Cir.

and Furtado

Mr.

involving

issues

Northeastern

indicates

by Mr.

issues.

cases

(D.C.

by plaintiffs'

In addition,

several

account

886,

1980).

sought

he is

465 U.S.

reasonable

892

Milgo

1982)

Cir.

sought

into

880,
v.

(D.Mass.

rate

take

Stenson,

in determining

Corp.

(1st

The rates

course

also

641 F.2d

in Codex

1198,

Blum v.

should

and experience
v.

F.Supp.

counsel."

2).

Perez-Bustillo
Attorney

Rice

attorney

Perez

specialized
(Rice

in edu-

�Affidavit
at

,r2).

each

stage

similar

of

and

this

as

every

v.

Nichols;

1,

and

in

major

or

Bustillo

assisting
rience

educational

rights

$50

reasonable

also

expertise

and

B.
The

issues

The Number
Compensation

$1,194.67.
amount

number

the

his

hours

1

This

amount

of

time

spent

is
on

School

District

No.

,r2).

rates

for

which

substantially
the

Similarly,

as

rights

an attorney.
the

has

paralegal

extensive

communities

of

case.

in virLau

Her

Thus,

the

plaintiffs'
requested
Plaintiffs

Plaintiffs'

fee

of

level

attorneys
in

this

case.

Seek

compensation
less

expe-

on

,r3).

experience.

hourly

party

Rice

country:

Marcelino,
Rice,

effec-

the

Affidavit

part

in

Mr.

educational

career

Hours For Which
Is Reasonable

of

v.

in

(Marcelino
her

in

Affidavit

and

on the

of

case

minority

given

case.

an amicus

Mrs.

linguistic

support

total

of

guidance

experience

this

Keyes

(Rice

§5).

experience

assistants

Texas,

Perez-Bustillo

with

in

specialized

Affidavit

working

is

v.

his

and

he contributed

represented

beginning

Attorneys

of

outcome

Pickard.

the

by virtue

education

has

advice

jurisdictions,
the

States
v.

since

(Perez

total

to

Perez-Bustillo

litigation

is

other

bilingual

United

essential

and

co-counsel

Castaneda

Camilo

provided

case

efficiently

served

tually

and

Rice

litigation

tively
has

Mr.

is
than

sought

the
attorneys

1/
This number does not include
hours
spent
in the preparation
of the instant
motion.
Plaintiffs
intend
to supplement
this
Motion
to Seek Attorneys'
Fees and Costs
incurred
in the preparation
of this
motion.

-5-

of

�r

have

not

spent

sought

attending

additional

of

,ra,

Rom

exercised
the

with

and

Affidavit

amount

reasonable

,3;

of

amounts

clients,

performing

of

(See

Rice

,r4;

,12).Plaintiffs
exclude

time

to gather

research.

Affidavit

to

of

attempting

legal

Marcelino

of

was

and
His

time

spent

necessary

early

for

efforts

Affidavit

counsel

most

statistics,

clients,

reviewing

individual

with

defendants'

defendants'
entitled

to
on

remedial

behalf

of

negotiations

with

the

of

this

and

on

amount

student

have

time

from

those
Mr.

members

in

this
School

and

acquainting

he could

Rom then

and

of

Lowell

and

in

was both

co-counsel

establish

of

the

drafted

He spent

defendants

time

the

with

so that

identify

Rom included

prosecution

records

plaintiffs.

the

of

reviewing

meeting

services.
the

by Mr.

effective

practices

liability

case

That

focused

enrollment

himself

on the

144 hours.

System's

in

the

judgment''

application

plaint

significant

request.

The

case.

for

Perez-Bustillo

''billing

fee

this

meetings

evidence,

Affidavit
of

compensation

class

the

com-

considerable

preparing

time

the

consent

order.
Mr.
connection
tance

occasions,
in

the

seeks

with

and

litigation.

Rice

this

compensation
case.

participated
He met
reviewed

negotiations.

in
with
the

for

He provided
strategy
the

various

time

for

-6-

of

consultation

conferences

proceedings

The

172 hours

clients
and

spent

which

Mr.

time

spent
and

throughout

in

assisthe

on numerous
considerable
Rice

seeks

time

�compensation

was

prosecution

of

Mr.

the

case.

Latino,

Cambodian
Mr.

daily

counsel

The

at

defendants

and

and

unique

community

upgrading
and

recovery

606

hours

provisions

87 specific
are

training
program,

(c)
of
(f)

in

(a)

requirements

(b)

the

of

the

hiring
(e)

abolishing

-7-

the

of

manner
is

parental

of

in

35 pages
novel

and

(d)

dropout
lists

the
prevention

and

of

which

two-way

new staff,

waiting

(See

period

Among its

of

a unique

law-

change.

short

steps.

expansion

Reasonable
The

The decree

remedial

staff,

Is

facts.

plaintiffs'

in need

changes

inter-

gather

litigation.

In a relatively

schools.

liaison

valuable

of

sorely

11).

Lowell

this

facts,

principal

helped

institution

was

he spent

By Plaintiffs

in

the

Ms. Marcelino,

the

also

the

this

gathering

provided

and

for

in

Thus,

group.

was

She

systemic

accountability,
schools,

each

spent

for

clients

Requested

system

Lowell

case.

hours

the

Exhibit

the

of

prevailed

before

contains

and

effective

counsel

of

the

meetings
Fee

obtained

for

the

groups.

have

run

multilingual

the

responsibility

with

271.4

various

school

have

of

claims

these

that

primary

meetings

for

Articles,

they

for

was principal

aspects

The Total

Lowell

necessary

communities

had

legal

and

clear

Newspaper

length

in

plaintiffs

is
the

time,

Laotian

compensation

services

suit

Bustillo

all

the

C.

the

of

hours

who seeks

record

compensation

Bustillo

determining

preter

seeks
Perez

and

Perez

considerable

between

and

case.

Mr.

management

and

reasonable

Perez-Bustillo

on this

case.

both

unequal

in

�facilities

and

teachers.

The decree

each

public

ity

(g)

segregation

of

in

requested

N.Y.,

vidual

obtaining

relief

decree

1980]),

the

Supp.

47,

received

of
the

57-58

a remedy
students.

enrollees

of

reasonable

will

The
indicates
and that

protect
English

comparison

against

due

935

fees
v.

services

the

In
to

to

that

the

time

the

total

fee
-8-

the
spent

to
Ross

for

equal

hundreds

of

to
new

educational

and Campbell

is

litiga-

pursuant

thousands

on the

requested

518

present

be implemented

proficiency

F.

appropriate

the

of

521

attorneys

settlement

rights

of

Talladega,

obtaining

student.

a con-

N.Y.,

Saltmarsh,

1980)

legal

and

[S.D.

v.

for

After

injunction

Ross

to

753

an indi-

process.

attorneys

pursuant

excess

521 F.Supp.

In Campbell

one

in

discriminatory

expenses.

obtained

limited

opportunities.
certainly

just

the

students'

awarded

suit

of

$36,465.00

minor-

remedy

and

Saltmarsh,

500 F.Supp

Ala.

of

for

Order

v.

so that

linguistic
to

been

racially

The new procedures

Consent

have

a preliminary

1981).

award

was

rights

awarded

in

(N.D.

education

of

were

N.Y.

a fee

special
tion,

(S.D.

civil

brought

Saltmarsh,

and $44,150

753

F.Supp.

v.

plaintiffs

$277,704.25

lawsuit.

and violations

by means

(Ross

the

In Ross

alleging

practices

of

of

fees

minority
be taken

system

plaintiffs

district

disciplinary

sent

the

steps

school

involving

here.

1981),

school

time

attorneys

hiring

percentage

the

the

litigation

that

the
in

at

particular,

those

(S.D.

reflects

existing

to

requires

students

In other

barriers

also

school

and majority

rights

eliminating

present
reasonable.

cases
case

was

�VI.

CONCLUSION

Plaintiffs'
ticularly
experience
the

plaintiffs

the

amount

request

when viewed
and

of

the

for
in

attorney's

light

results

of

fees

the

obtained

that

the

court

$162,567

and

costs

in

reasonable,

attorneys'
in

request

is

the
award

the

Plaintiffs,
By Their

background

case.

of

Attorney,

Thayer
Freemont-Smith
Choate,
Hall &amp; Stewart
53 State
Street
Boston,
MA 02109
(617)
227-5020
0551n

-9-

and

As a result,

attorneys'

amount

par-

fees

$5,366.67.

in

�•

•

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
LOWELL HISPANIC PARENTS ADVISORY
COUNCIL, et. al.,

)
)

Plaintiffs

)
)

vs.

)
)

GEORGE KOULOHERAS, et.

)

civil
Action
No. 87-1968 H

)
)
)
)

al.,

__________________
Defendants

MOTION TO ENTER CONSENT ORDER
The
that

this

in this
that

parties

to

Honorable
case.

they

the

above-entitled

Court

enter

As grounds

have

arrived

for
at

Plaintiffs'

claims

regarding

linguistic

minority

students

This
Order

settlement

and

annexed

hereto.

Plaintiffs,
by their

compromise

attorneys

Camilo Perez-Bustillo
META, Inc.
50 Broadway,
Suite
401
Somerville,
MA 02145

the

this
a

action
attached

Motion,

settlement
the
in

and

is

Lowell

set

forth

move

Consent

Order

parties

state

the

provision
the

hereby

compromise
of

services

Public
in

the

Defendants,
by their
attorney

omas Sweeney
City Solicitor
Lowell City Hall
Lowell,
MA 01852

of
to

Schools.
Consent

�UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)
)
)

Plaintiffs
vs.

) Civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)
))

______________
Defendants,

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
ATTENTION:
In
students
United

1987
and

linguistic
Hispanic,

inappropriately
settlement
parties

and

that

filed

the

with

The proposed

has
the

of Lowell:
Laotian

filed

that

segregated

Public
recently

parents,

a lawsuit

charging

being

Lowell

case

and

Lowell

Court,
were

by
of

in

District

students

residents

Cambodian,

organizations

States·

minority

minority

been

the

linguistic
and

Schools.

in

served

A proposed

approved

by

the

Court.

settlement

covers

a wide

range

of topics,

including:
1.
Identifying
native
language

all
linguistic
is not English;

minority

2.
Procedures
to evaluate
minority
children
in English
and their
academic
progress;

the fluency
and their

3.
Hiring
administrative

teaching,

of
bilingual
staff;

students

whose

of linguistic
mother
tongue,
counseling

and

�..

4.
Remedial
services
to linguistic
including
dropouts,
who were not
the Lowell Public
Schools;

the

5.
The right
and evaluation

of parents
of their

A copy

entire

Lowell
If

the

Court
If

of the
Public

the

enter

you

have

r'f,

however,

you

you

have

right

described

the

below:

to participate
child's
academic

settlement

students,
served
by

in the planning
program.

proposal

can be read

approved

by

at

Schools:

proposed

will

minority
adequately

settlement
it

no

as a formal

objections,

object
to

is

to
do,

the
you

the

Court,

order.
you

need

proposed
should

take

no

settlement,
follow

the

action.
which

procedure

�..

NOTICE OF HEARING REGARDING PROPOSED SETTLEMENT
AND PROCEDURE FOR OBJECTING TO THE PROPOSED SETTLEMENT

A hearing

before

the

will

United

be

held

states
United

Square,

Massachusetts,

and

object

heard

to

the

If
file
other

to

object

objection,

papers

Court
at

may

the

to

any

member

the

Court,

of

wish

to

District

the

to the

class

Post
you
or

Office

may appear

otherside

be

you must

together

with

present

relative

you
of

any and
to

all
the

object

that
proposed

entitled
in

this

Court

as set

to
matter

the

No member
will

or

to

forth

above,

additional
the

the
by
by

direct

be heard

for

contacts

on or before
for

you

inadequate,

or different
proposed

at

considered

provided
is

class

submitted

otherwise

desiring

settlement

of the

be heard

received
may

relief

to

Floor

and no papers
be

person

Court,

believe
the

the

the

District

terms

1

•th

settlement

will

as

unless

deem yourself
must

District

settlement,

Court,

~ /9E'9

except

shown,

If
the

object

on ;&lt;L-~

U.S.

of

time
or

•

who desires

the

which

proposed

on or before

cause

the

with

Clerk of the U.S.
Boston,
MA 02109

hearing

at

House,

settlement

in writing,

you

settlement,

for

t' /JP p?

it.

you wish

your

Court

States

proposed

respecting

}==";J:.

District

Massachusetts,
Boston,

on

under

and
relief

settlement.

you
you
If

f'

5dHI"/

�you do not
the

proposed

you will
and

you

·claim

Consent

will

be

to

of the

. against

be
the

of

omissions

the

barred
of

present

to act

with

before

r,\.

Lowell

and

case

before

occuring

before

the
1

L~r4&lt;.-

from

its

Public

proposed

August

Schools

for

acts

settlement

any

Public
the

further

~ -..£,/ 'i ??
~

bringing
its

any

Court

,-n,.,,,

Schools

1987.

for

or
you
and

further

Court
5,

~ /fF-'9

rt.t.ld~

settlement

bringing

and

the

to oppose

proposed

from

before

agree

the

Lowell
case

occuring

forever
City

of

intention

on or before

with

barred

present

to

your

postmarked

agree

City

be presumed

you will

to

forever

the

act

indicating

Decree

be presumed

out

omissions
will

a letter

against

arising

out

send

claim
arising
acts

or

�•

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

LOWELLHISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)

Plaintiffs

)

)

)
)

vs.
GEORGE KOULOHERAS, et.

al.,

civil
Action
No. 87-1968 H

)
)
)
)

Defendants
_______________
ORDER
WHEREAS, the
agr~ed

upon

parties

to

a Voluntary

Lau

Agreement

embodying

actions

regarding

Plaintiff

childrens'

opportunities;

there
and

is
the

attached

above-entitled

Compliance
and

policies
rights

to

action

Plan

as

to

be

equal

a

have
Consent

undertaken
educational

and

WHEREAS,
principles

the

in

the

view

parties

no further

of

the

and

the

need

parties

have

Consent

Agreement

to

shared
court

litigate

mutually

understanding
have

the

agreed

to

as a Consent

of

concluded

issue

of

the

entry

Order

that

liability
of

in this

the
case;

and
WHEREAS, neither
by

entering

this

party
agreement

Defendants'

assent

committed

any violations

is

not

waives
as
an

of law,

their
a

claims

settlement

admission

that

nor

defenses

order,

and

they

have

�IT IS THEREFORE, HEREBY ORDERED, ADJUDGED, AND DECREED,
and parties

do hereby

that
entered

the

attached

as

a Consent

organizational

entities

successors
active

in
consent

office,

consent

as

follows:

Voluntary

Lau

Order

in

on both
agents,

or participation

this

case

sides

binding

of

employees,
with

Compliance

this
and

Plan

be

upon

the

matter,
all

their

persons

them .

. ~/7,J9F'&lt;Cf&gt;
Date

7

Honorable
Edward Harringto
Judge
United
States
District
Court

in

�..
..

UNITED STATES DISTRICT
DISTRICT

COURT

OF MASSACHUSETTS

t 1:-I .,,.

'.1.e)&gt;Jr• ~ ~ l)
,-,,-----.{J,Sl); &amp; O.f&gt;
0.t:e
},·
f.'J.o()•
V
•i,Q...,

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et
al.
Plaintiffs

.

)
)
)
)

Civil
--r968

Action

)

·~7/

No.

11

)
)

______________

..

)

·JJ··,
.'t ..

"

JOINT MOTION TO MODIFY CONSENT AGREEMENT

NOW COME the
and

jointly

this

with

Honorable

Consent

Defendants
the

Agreement

pages

2 and

convened
to

the

the

Lowell

of

plaintiffs
convened

action

respectfully

proposed
and

following

which

Bilingual

request

modification
ordered

of the

by the

change

the

School

with

on a monthly

in

basis.''

971_
~
/--

"There

Court.

Task

2.3,

shall

be

Sub-Committee

The members
Committee

representatives

Bilingual

~

now reads

Education

Committee.

meet

a Mayor's

entitled

Agreement:

School

and will

the

above

would

the

paragraph

a Mayor's

representatives
Mayor

the

the

approved

propose

3 of

Change

allow

earlier

The parties

in

Plaintiffs

Court

.

?~-/ ,9~?1/{

al. , )

Defendants

-

·-

,)

vs.
GEORGE KOULOHERAS, et

,--

)
)

to

shall

selected

include
by the

of minority
read

Education
a...-t:..~~~-------

''There

(BESC)

shall

Sub-Committee

parent
be
(BESC)

�'

..
to

the

Lowell

representatives
Mayor

request.

Committee.

of the

and will

plaintiffs

School

meet

with

on a regular

School

The members
Committee

selected

representatives
quarterly

shall

include
by the

of minority

basis

and more

often

parent
upon

"

Respectfully

submitted,

omas Swen y, Esq.
City Law Department
Lowell City Hall
Lowell,
MA
Attorney

for

Defendants

C

\ ~ ~
Roger~,
META, Inc.
50 Broadway
Somerville,
Attorney

for

L ')~. ~
Esq.

MA 02145
Plaintiffs

�U~ITE~

I

STATES

D~RICT
CASE ~0:_8_7_1_9_6_8
____

_

DISTRICT

COURT

OF ~ASSACHUSETTS
JUDCE

~

DATE: 12-09-88

REPORTER:

CLERK

-----

HPAC

-

~-

V •

G •.- KOULOHERAS et

al

C. Pf;EEZ BUSTl,t;J;.Q
Plaintiffs

'

T. SWEE~f;::£:
Defendant•

'88

l

12/0~

I

HARRINGTON, J.

~"R.'T'__TI,r· "' ,~,

I

1

11,

r,•

T-ll&lt;'T.T"I•

.

l-o4 MI

1-9-89

@

.

f .
HARRINGTON, J.

T-lF.:n

R.IN~

PARTIES

OF

I

_..,.

1W

l

q

Ra

Ql&lt;'~

-Mn

'T'l"I 'T'UT~

,~

'-~
T)'l'T'P.

.

HAVING REACHED AGREEMENT COURT ENTERED

JUDGMENTS:
&amp; Voluntary

.

t

9:30.

'89
2/24

--

1'11 , ,. ,· f"'l&lt;" _l"\l&lt;" C

NOTICE OF PROPOSED SETTLEMENT OF CLASS
ACTION,
&amp; ORDER APPROVED;
FTJRTn,,- T-lRZl,R_ 1 -. q(
-

.

•

.

.

CONSENT AGREEMENT DATED 11-3-88
LAU COMPLIANCE PLAN ENTERED.

ENTERE
(c/s)

.
.

I

Q

�•

•

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)

)
)

·Plaintiffs

)

vs.

) civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)

Defendants
________________
)
)

JUDGMENT

WHEREAS, on August
com~enced
a class
Lowell

this

suit

Determination
been

all

allowed

above-named

as a class

action

Plaintiffs
on behalf

minority

students

of

in

the

and

pursuant
of

the

linguistic

Schools;

WHEREAS,

1987

in part

comprising
Public

5,

to

the

an

assented

above-mentioned

as a class

action

to

class

pursuant

this

to Rule

Motion

for

action

has

23 F.R.C.P.;

and
WHEREAS,
pursuant
Court

to
has

Notice

Rule
•

been

November
opportunity

3,

1988
given

Settlement

F. R. c. P.

given

WHEREAS, no

of

and

to members

and

•
in

a

of the

objection

to

has

received

to hear

been

the

any comments

Notice

form

Hearing

approved

class;

by

the

and

Consent
and

of

Order

there

thereon;

has
and

dated
been

�•

WHEREAS, the
this

matter

fairly

1988

and

addresses

Plaintiffs

Court

and

that

the

the

that

be entered

as

the
the

that

it

Consent

matter

Defendants

ORDERED:

fi.nds

in
it

the

has

jurisdiction

Agreement
Complaint

over

properly
as

and

between

the

is,

Consent
judgment

Agreement
of the

court

dated
in

November
this

DATED:

By the

Court

Honorable
Edward Harrington
J"udge
United
States
District
Court

matter.

3,

�(

(

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS
LOWELLHISPANIC PARENTS
ADVISORY COUNCIL, et. al.,

)
)
)
)
)

·Plaintiffs
vs.

) Civil
Action
) No. 87-1968 H

GEORGE KOULOHERAS, et.

al.,

)
)
)
)

_______________
Defendants

I.
JUDGMENT

WHEREAS, on August
com~enced
a class

this

suit

Public

Determination
been

all

allowed

as

above-named

as a class

action

Plaintiffs
on behalf

minority

students

in

of
the

and

pursuant
of

the

linguistic

Schools;

WHEREAS,

1987

in part

comprising

Lowell

5,

to

the

an

assented

above-mentioned

a class

action

to

class

pursuant

this

to Rule

Motion

for

action

has

23 F.R.C.P.;

and
WHEREAS,

pursuant
Court

to
has

Notice

Rule
•

been

November
opportunity

3,

F. R.

given

WHEREAS, no
1988
given

of

Settlement

c. P.

and

to members

and

in

a

of the

objection

to

has

received

to hear

been

the

any comments

Notice

form

Hearing

approved

class;

by

the

and

Consent
and

of

Order

there

thereon;

has
and

dated
been

�I

.I.

WIIERE!I.S, the
this

matter

fairly

1988

and

addresses

Plaintiffs

Court

and

that

matter

Defendants

that

be entered

as

the
the

that

it

Consent

the

tl1e

ORDERED:

f:.inds

in
it

the

has

jurisdiction

l\greement
Complaint

over

properly
as

and

between

tl1e

is,

Consent
judgment

Agreement
of

the

dated

court

in

November
this

DATED:
By the

Honorable

cJuclge
United

Court

Edward

States

Harrington

District

Court

matter.

3,

�r

(
WIIEREl\.S, the
this

matter

fairly
I

and

addresses

Plaintiffs

and

ORDERED:
1988

Court

be entered

that

the

the

the

as the

that

it

Consent

matter

Defendants

that

finds

in
it

the

has

jurisdiction

Agreement
Complaint

over

properly
as

and

between

the

is,

Consent
judgment

Agreement
of

the

court

dated

November

in this

DATED:
By the

Court

Honorable
Edward Harrington
Judge
United
States
District
court

matter.

3,

-·

�UNITED STATES DISTRICT
DISTRICT

COURT

OF MASSACHUSETTS

LOWELL HISPANIC PARENTS ADVISORY
COUNCIL, ET AL.,
Plaintiffs
v.
GEORGE KOULOHERAS, ET AL.,
Defendants.

)
)
)
)
)
)
)
)

CIVIL ACTION NO.:
87-1968-H

~

0 R D E R

HARRINGTON, D.J.
After

hearing

Fees

and

that

attorneys'

amount

of

Costs,

on Plaintiff's
the

Court

fees

in

$5,366.67

Motion

ORDERS, pursuant
the

amount

be awarded

of

for

Award
to

42 U.S.C.

$80,000.00

as reasonable

of Attorneys'

in

States

and
this

§ 1988,

costs

in

the

case.

District

J

ge

�UNITED STATES
COMMISSION ON
CIVIL RIGHTS

August

9,

Ms. Jeanette
U.S. District
Post Office

1121 Vermont Avenue, N.W.
Washington. D.C. 20425

1990

Ramos
Court for MA
and Court House Bldg.

Room 607

Post Office
Sqaure
Boston,
MA 02109
Dear

Ms. Ramos:

As I indicated
over the phone,
we need a document
for our report
on Asian American
civil
rights
issues.
The needed document
is the
consent
decree
on the suit
Hispanic
Parents
Advisory
Council.
et
al .. v. Kouleharas.
et al.
(Civil
Action
No. 87-1968-MA).
I would
appreciate
receiving
a copy of this
consent
decree
soon.
Thank

you

Sincerely

for

your

assistance.

yours,

L?;-fe,fin
~
~aeR
Ch~, P.~
Deputy
Eastern

Director
Regional

Division

�o&lt;

RIC!

CASE NO: 87-1968

OF ~ASSACHUSE!TS

I

JUDGE~

DATE:

CLERK

12-09-88

REPORTER:

HPAC

V •

G.:

KOULOHERAS et

al

C. PEREZ-BUSTI:r;.r,9

T. SWEENEY
Defendants

Plaintiffs

'88
12/0S

HARRINGTON, J.

~r-1··1'1.P·1

...

~N'J'I ,-

l\lP

UJ.'T.T'\ •
.

N () 'T' T ,-. J.'

t"'I ,:;,

.

ro ~

NOTICE OF PROPOSED SETTLEMENT OF CLASS
ACTION,
&amp; ORDER APPROVED;
FURTHER T-IP:a~, , (. C:f"' U 1." r\f IT J;h 1".' t"'I D

.

..

.

:

1-9-89

@

9:30 .
-

;

\·,,~'
f 4&gt;.
1" .:·}',.

'89

J

... ,,,,t)1~·
--~I

2/24

HARRINGTON, J.

HEARTNC,OF _l-4-~Q

RF.C:rup..n

'T'() 'T'T-1T.S. n

Z\.'T'F'

•rt -·u,

•

-

PARTIES HAVING REACHED AGREEMENT COURT ENTERED
JUDGMENTS:
&amp; Voluntary

.

CONSENT AGREEMENT DATED 11-3-88
LAU COMPLIANCE PLAN ENTERED.

ENT
(c/s

.
'

Q

�'

•

1

UNITED STATES
DISTRICT

OF
)

LOWELL HISPANIC

et.

COUNCIL,

PARENTS ADVISORY

)

al.'

)
)

Plaintiffs,

)

CIVIL ACTION
NO. 8 7 -1 9 6 8 - H

)
V •

)

)

GEORGE KOULOHERAS, et.

al.,

)
)

Defendants

)

___________________

)

FURTHER REPLY TO DEFENDANTS' OPPOSITION
TO PLAINTIFFS'
MOTION FOR
AN AWARD OF ATTORNEYS' FEES AND COSTS

This

further

directed

to Part

in which

they

"prevailing
fees
the

advance

the
for

432 U.S.C.

tasks

scheduled
Decree:

after

I of the

parties"

under

Consent

reply

the

1s

Memorandum in Opposition

thesis

plaintiffs

that

purposes

1988

already

because,

part

are

of an award
in their

to be implemented

"were

of discovery

Defendants'

the

s.

benefit

pursuant

of School

not

of attorneys

view,

most of

to the

lengthy

Department

policy

and program."
Unfortunately
support

their

defendants
describe
seven
relative

argument.

are
the

pages
to

for

missing

Consent
in length
services

the

defendants

neither

the

law nor

To understand

just

how far

the

the
Decree

mark,
itself.

and covers
offered

it

is

necessary

The Decree
some seventeen

to members

of the

to
is

facts

first
some thirty

separate
plaintiff

areas
class.

�•

Each

section

action

begins

steps

bound.

denominated

there

defendants

agreed

that

Lowell.
fact.

As will
It

is

determining

of

also

wrong

the

or a majority

Consent

Decree

were

achieved

SOME of the

litigation.
recent
Teachers

unanimous
Association

Law Week 4384
of the

First

(March
Circuit's

Decree

the

in place

the

were
is

now bound
that

law.

the

in

as a matter

tasks

of

for

parties

rather

as

in place

true

prevailing

but

of new

own affidavits

The test

action

to

Decree.

already
not

now

steps,

to add $159,000

their

of

are

indicating

implement

are

1s not

set

out

whether

1n the
the

on ANY SIGNIFICANT ISSUE which

benefits

opinion

page

simply

of

already

The Supreme

are

as a matter

''most''

succeeded

defendants

87 Tasks

plaintiffs

defendants
action

characterized

whether

have

the

by specific

(87)

them to

be shown this

whether

plaintiffs

the

of the

have

''most''

seven

1s a budget

to enable

followed

to which

which

as part

The defendants'

goal

eighty

there

positions

showing

are

as ''Tasks'',
Finally,

staff

a broad

and requirements

In all

follow.

with

Court

they

sought

has put

by Justice

in bringing

this

issue

O'Connor

Garland

Independent

School

28,

1989).

The Court

adopted

1n Nadeau

to

rest

in Texas

v.

decision

the

State

District,
the

v. Helgemoe:

We think the language
of Nadeau v. Helgemoe,
quoted in our opinion
in Hensley,
adequately
captures
the inquiry
which should be made in
determining
whether
a civil
rights
plaintiff
is a prevailing
party within
the meaning of
sec. 1988.
If the plaintiff
has succeeded
on "any significant
issue
in litigation
which achieve(d)
some of the benefit
the

-2-

in a

standard

57

�parties
sought
in bringing
suit''
the
plaintiff
has crossed
the threshold
to a fee
aware of some kind."
at page 4386.
Thus plaintiffs
that
the

at

least

Consent

already

some of
Decree

''some''

Ms. O'Donnell
the

follows:
prior

she describes

to the

objectives

revision

of the

analyzed

by Ms. O'Donnell

13 were

1n her

Ms. O'Donnell

defendants'

attorney's

However,
were

important

13 Tasks

initial

which

were

brought

identified

66 Tasks

asterisk

Voluntary

Compliance

being

53 out

analysis.

-3-

as
implemented
Plan

by the

and

Lowell

utterly
of her

as previously

to her

requirements

same as prior

the

has

of 66 Tasks

new or different

Ms. O'Donnell

66 of

attachment

were

through

covering

Ms. O'Donnell

and tasks

therefore

overwhelming

11.8

of the

characterization

changes

through

words

not

new or different.

meaning

has

upon deposition

are

1n

practices

the

7 of the

the

forth

to the

At page

were

set

show

of Ann O'Donnell,

Decree

In other

opinion

the

new but

1.1

can

they

steps

than

Of these

the

Attorneys."

procedures.

Tasks

Decree.

Plaintiffs'

only

the

an asterisk.

''*These

action

affidavit

in

if

And according

requirements

forth

in the

13 with

affidavit,

the

has analyzed

87 Tasks

marked

in Lowell.

set

or

new or different

of the

of Tasks

parties

87 Tasks

own evidence,

were

number

prevailing

the

are

in operation

defendants'
only

are

refuted

the

affidavit.

agreed
lawsuit

that

there

even

in the

in effect

in her

�Ms.
that
the

O'Donnell

bilingual
Lowell

the

Public

identified
requirement

instruction

proficiency".

teachers

had

whether

the

themselves,
there

was

students

were

page

lines

13,

a difference

Similarly

with

''Each

Facilitator,

shall

report

Education

materials

(to)

past,

for

concerning

4.3

...

racial
example,
negative

to

the

She

negative

group."
there

stereotypes

regardless

order

to

in
on

to

Decree

requires,

for

-4-

in

past

services
cover

that

that

now

lines

11-17.

in

part,

that:

Department

Head

Transitional

of

testified

materials

the

acknowledge

monitoring

no regular

of

14,

stereotypes

in

receive

such

and

been

the

for

page

Ms. O'Donnell
had

included

referrals

Supervisor

avoid

Task

in

went

1n

she

that

not

a

located

shall

Coordinator,

coordinating

next

with
whether

testified

services,

...

asked

and

which

Consent

which

3.1

be

services

or

the

was

eligible

make

1-4.

Curriculum

Bilingual

or

Task

regularly

3.8

available

such

The

supportive

to

under

receive

13-17.
Task

throughout

Task

requirement"

O'Donnell

encouraged

services

"must"

ethnic

Ms.

been

a "new

who are

and

marked

programs

was

''Students

had

bilingual

lines

O'Donnell

that:

supplemental

10,

required

desegregated

she

was

which

located

On deposition
that

Page

by Ms.

she

3.1

be

appropriate

''Same."

is."

Task

''shall

affidavit

environments

''It

English

in

requirement

desegregated

about

programs:

her

noted

specific

asked

Schools
In

and

replied

first

education

environments."
asterisk

was

bilingual
members
that

reporting
in

use

at

of

any

in

the

to

her

the

high

�school.
4.4

Page 32,

requiring

ensure

that:

that

students

all

"I would
37,

line

Task

placed

requires

by the
in the

education

Decree

of

the

School

siting:

''That
Tasks

the

speak

experience

making

assignments
the

minority
testified

now is

from Puerto

rate

new".

through

requirement

that

networks."

O'Donnell

really

does

Tasks

and 9.6
that

are

not

for

island's

the

terms

system

-5-

records

here

is
steps

9.5,

...

in

for

will

be

of

communication
that

Ms.

required

of current
were

account

to children

computer

know whether

1n the

into

Department

The problem

in

prior

in Task

regards

"requests

that

question.

a student's

and taken

with

new or not

others

different

Included

that

testified

24.

a somewhat

and by means of available

and information

was one of the

in classroom

line

41,

was

bilingual

space

involvement

must be

provision

of assigning

Page

the

This

classroom

services.

Rico:

classes

Ms. O'Donnell

presented

requirement

pursued

issue

of all

be ascertained

for

arriving

She testified

the

litigation.

the

will

is

Instruction,

Committee."

be new."

to

example,

9.5

"ensure"

School

Committee's

and 9.6

school

vigorously

that

Task
will

Ms. O'Donnell

''Location

since

would

9.5

tasks

with

staff

linguistic

that:

to second

causes

regarding

Those

Lowell

students

original

for

be provided."
respond

true

administrative

services

school
to

school

same is

21.

8.2

approved

''Each

have

And the

7-14.

necessary

1n their

that:
Page

lines

charged

1n

practice.
with

�gathering

information

concerning

that

such

information

did

line

2-3.

many

new students

many

had

many

requests

Hence

page

50,

generally
''I

lines

she

would

department

to

does

testimony

or
to

page

2.

55,

line

Finally,
"Data
the
to

Project

Supervisor

Director

in

end-of-year

summary

twice

a year

Pages

62,

page

65,

In

line
line

report
14 to

know

year

June

the

on each
page

or

shall

level,

of

each

number
student
63,

line

11.
-6-

of

lines

Task

10.2

I do not
make
18-19

to

that:

integrated
and

Bilingual

from

reported
Education

Ms. O'Donnell
that

this

done

students
required

6 and

her

would

partially

been

that:

because

54,

option
had

22-24

level

center

year",

how

guidance

be compiled

affidavit
what

the

same,

Transitional

how

line

school

in

how

to

questions

Page

exited

as

49,

elementary

the

and

these

if

the

requirements

essence

of

high

the

her

to

to

49,

guidance

page

regard

records."

and

qualified
practice.

by the

information

by the

January

substantially

made

get

each

nor

been

respond

student

program

Rico

and

page
as

Puerto
16-21,

with

parent

to

each

bilingual

ongoing

try

to

office,

lines

the

schooling

questions

principals,

So too

the

to

her

49,

with

have

to

from

I do not

regarding

regarding

the

had

respond,

not

communication

page

concerning

''I'd

back

records

and

this."

was:

know whether

1-5,

prior

respond

building

stated,

have

with

records

several

come

not

records,

for
or

not

could

came

no such

department
to

she

students'

page

was

exited
in

line

the

an
and

Task

64,

was

not

10.2.
14 to

the

�In sum,

even with

the

affidavit

as the

be either

new requirements,

practices

beyond

O'Donnell

affidavit

the

66 Tasks

Under
issue''

plaintiffs
There
which

are

two portions

contains

the

(through

Chapter

supported

Rurak,

the

contains

by the
Director

the

deposition

the

requirements
existed

more than

"any

60 of

significant

standard

the

for

remedial

found

by the

on page

of Chapter

I.

L. Adie,

new or are

the

took

Lowell

of plaintiffs

new or more stringent

that

Public

the

12

Lau Plan

of Tadeusz
14,

education

Director

more

and mathematics

28 of

Objective

special

Plan

Objective

reading

plaintiffs

for

Lau Compliance

and settlement.

deposition

contention
are

either

or practiced

and is

requirements

of

Voluntary

are

litigation

of Janice

supports

the

that

requirements
I)

the

new or different.

inappropriate

of

was required
to the

were

to

By count

that

Court

to

parties.

requirements

prior

Supreme

legally

prevailing

than

indicate

out

or addressed

of Ms. O'Donnell.

by Ms. O'Donnell

of the

the O'Donnell

many turned

in practice

and deposition

are

Schools

is

knowledge

test

in

practice,

changes

defendants

contain

stringent

the

the

or the

identified

same as existing

addressed

either

13 Task

on page

H.
30,

and the

of Special
the

and

Education,

Lau Plan's

than

had previously

Chapter

I remedial

in Lowell.
Tasks

12.1

and mathematics
language.

and 12.2

require

services

be provided

Mr. Rurak

said

that

on several

-7-

in English
occasions

and the
during

his

reading
native

�deposition

that

new language,
proficient

the
gave

guidelines
Lowell

students

services

in

the

Language

(ESL).

the

in

native

because

Lowell

provide

these

See Rurak
receive

43.

Mroz,

the

in the
The only

which

is

qualify

for

native

in Spanish,
Mr. Rurak

inclusion

teachers

of the

and Vietnamese
18-19;

such

students

only

not

students

only

30

services,

see
remedial

reading,

see

instruction

is

at

the

40-42.

His memorandum

to

Superintendent

to his
were

affidavit,
provided,

linguistic

I services,
He further
for

use

and not
admits

of the Master

admits
in the

any other

on page

minority

are

Pawtucketville

reveals
''[S]ince

receiving
that

the

Chapter

to

students.

receive

remedial

I

who qualify

Spanish

Chapter

materials

languages

receive

language,

No other

language.

language

native

Chapter

bilingual

pages

students

40-42.

LEP students

no Laotian

those

as a Second

to offer

all

of the

Cambodian

services
"

to

instruction,

attached

language

• t ....
comp 1 a1n

are

language

See pages

native

where

16-25,

prepared

English

I services

English

the necessary

in all

and 20 Cambodian

mathematics

School.

have

services

In fact

not

language

not

deposition

23.

page

does

native

Hispanic
page

native

is

pages

to the

limited

Chapter

or through

deposition,

prior

of offering

for

language

Rurak

the

option

who qualified

Even now, Mr. Rurak
services

he was following,

that

these

the
individuals,
them in

only

who
their

native

I remedial

programs

language.

34 of his

PAC (Parent

-8-

deposition

Advisory

Council)

that

the
in the

�monitoring

process

Task

12.3,

is

that

the

for

of

to Task

is

new.

also

The Voluntary
heretofore

discretionary

of Special

Task

14.1

that

of

She admits,
the

language

conceded

on page

the

need

that

the

ratios

that

it

longer
than

Task

education

services

followed

times

a ''written

parental

or a special
consent

procedures

by Lowell,

page
at

is mandatory,

and

50,

psychological
sometimes

taking

51.

that

the

Lau Plan's

by a parent

for

special

to proceed

-9-

concerning
exceed

page

education

Lowell

she

not

bilingual

testified

authorized

although

at

as long,

request

14.2,

psychologists

ones,

Ms. Adie

deposition,
Likewise,

of Task

certain

by

education

48 of her

psychologists,

to conduct

14.3,

that

the

language

monolingual

statement

shortcuts

the

example,

no mandate

is mandatory.

of bilingual

two and three

Under

constitute

49 that

Lau Plan

of non-bilingual

evaluations
between

of the

L. Adie,

for

is

in special
on page

several

Ms. Janice

there

Parent

of Education

testified,

the -Lau Plan,

however,

caseloads

takes

Education,

psychologists

that

Department

in Lowell.

the

46-49.

mandates

Massachusetts

DOE to use bilingual
testing.

Plan

pages

35,

(Kmer and

work with

See discussion,

to

on page

liaisons

who will

he implemented

the Administrator
under

12.4,

pursuant

admits,

parents

Lau Compliance

(MOE) provisions

that,

He then

two full-time

pursuant

Coordinator,

I implementation,

a new requirement.

addition

Hispanic),

Chapter

evaluation
with

shall

an evaluation"

by DOE and previously
has

not

yet

implemented

�•

these

procedures.

proceed
Adie

immediately

She also

and in

several

the

Lau Plan,

upon the

deposition.

deposition
are

Under

the

special

the

parental

evaluation

request.

admitted,

will

See pages

on page

79 of her

Memorandum to Mr. Tsapatsaris,

education

evaluations

54-56,

that

that

exceed

there

the

30 day

limit.
Task

14.4

participate

mandates

as members

on page

57 that

persons

to

the

to George

the

Lowell

Public

that

are

mandated

of the

are

Schools
the

and one half-time

requires

one full-time

is

one

interpreters.

invite

these

given

under

their

Task

liaison

Lowell

Her
14.5,

interpreters

has one half-time

interpreters.
full-time
See,

admits

now mandated.

that,

Lau Plan.

to

to attend,

community

Hispanic,

Laotian

able

Cambodian

Ms. Adie

has been

admits

lacks

personnel

team.

participation

Tsapatsaris

Hispanic

one part-time

evaluation

they

their

under

bilingual

in Lowell

if

She admits

memorandum

certain

practice

be present,

schedules.

that

The Lau Plan
Cambodian,

pages

60-62,

and

Adie

deposition.
Ms. Adie
education
Lowell
teachers

admits

teachers
"shall
...

"

Adie

speech

admitted

on page
for

there

although

employ

bilingual

difficult

that

are

Task

no Kmer bilingual

14.6

of the

special

Lau Plan

says

sufficient

bilingual

special

education

deposition

page

66.

Nor are

there

as required

by Task

14.7

pathologists
69.

somebody

She admitted,
who is

not

-10-

on page
fluent

in

that

as

71,

that

it

the

language

would
of

be

the

�student

to grasp

extent

the

of efforts

student's

errors.

by Lowell

to

She was unaware

recruit

qualified

of the

bilingual

personnel.
Despite
''shall

the

employ

mandatory

bilingual

services

for]

impaired

or hearing

education,

these

limited

on page

services

education

than
of

this

fact

such

take

that

there

basis

for

that

Lowell

and this

ensure

in the

was stated

area

that

of special

was a ''disproportionate
in 502.4

prototypes"

Similarly,

''attempts''

to ensure

that

physical

personnel.

placement.

''linguistic

minority
sufficient
such

in Task

all

demonstrated

of the
that

reasons

the

stated

14.9,

requirements

students

which

of LEP

and what was needed
not

14.10.

plaintiffs

of the Voluntary

-11-

of

(Memorandum

misclassifications

above,

as

Knowledge

CONCLUSION
For

vision

Ms. Adie

of Task

... " was not

shall

... "

negotiation

Lowell's

that

who are

to Mr. Tsapatsaris.

the

[for

to Mr. Tsapatsaris

students

memorandum

misclassified

place

reported

be more glaring

minority

to Mr. Tsapatsaris)

was that

of adaptive

therapy

Lowell
...

or in need

disproportionate

argued

personnel

by monolingual

Ms. Adie's

that

children

she

provided

in her

plaintiffs

not

that

74,

14.8

proficient

or physical

could

was the

prohibits

are

English

linguistic

she admitted

of Task

education

impaired,

are

No admission

number

special

occupational

admitted,

language

have
Lau

�..

Compliance
Lowell

Plan

Public

Plaintiffs'

significantly
Schools

Motion

and
for

alter
hereby

An Award

the

prior

request

that

of

Attorney's
Respectfully

practices

of

the

court

grant

and

Costs.

Fees

the

submitted,

PLAINTIFFS,
r•.

Thayer
remont-Srnith
Nicholas
Nesgos
Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
Massachusetts
(617)
227-5020
Date:

Boston,
August

Massachusetts
2, 1989

3904f

-12-

02109

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I/.

G. KOULOHERAS
et

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HEARINGHELD ON.ATTYS' FEES; ORDERISSUED;
FEES: $80,000-00
&amp; COSTS AWARDED
IN AMOUNTOF
$5,366-67-

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•

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�UNITED STATES DISTRICT COURT
DISTRICT OF MASSAC8USETTSt 1:t
• ·1-1,;:

HISPANIC PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

,~,~y
&gt;11
)
)

vs.

)·

•

l

CIVIL.ACTION NO. 87-1968-ff

)

GEORGE D. KOULOHERAS, ET AL

)
Defendants

)

DEFENDANT, CITY OF LOWELL'S OPPOSITION
TO PLAINTIFFS' MOTION FOR LEAVE
TO FILE A RESPONSE TO DEFENDANT'S OPPOSITION
TO PLAINTIFFS' MOTION FOR AN AWARD
OF ATTORNEY'S FEES AND COSTS

Now comes the Defendant,
City
of Lowell,
and opposes
the motion
of the
Plaintiffs,
Hispanic
Parents
Advisory
Council,
et al,
for
leave
to file
a
response
to Defendant's
Opposition
to Plaintiff's
Motion
For an Award of
Attorney's
Fees
and Cost.
The defendant
requests
that
the
plaintiffs
be
denied
permission
to conduct
further
discovery
and to file
a response
brief.
In support
of this opposition,
the defendant
says:
1.

The plaintiffs
allege
in their
Motion
for Leave to File
a Response
that
further
discovery
is necessary,
in part
at least,
because
of the unsworn
nature
of
the
statements
made
by
certain
Lowell
School
Department
officials.

2.

In order
to give those
statements
the character
of sworn statements,
they
are resubmitted
with this opposition,
attached
to and incorporated
into
affidavits
signed by the school officials
who prepared
them.

3.

The
defendant
believes
that
further
discovery
will
cause
further
unnecessary
delay,
and will
not produce
facts
not already
contained
in the
affidavits.
In addition,
further
discovery
will
add to the
total
of
attorney's
fees already
sought.

4.

The defendant
believes
that
the legal
and factual
positions
taken
plaintiffs
in their
brief
in support
of their
Motion
for Attorney's
will
not be effectively
supplemented
by filing
a reply brief.

eeney
City Solicitor
Law Dept.,
City Hall
375 Merrimack
Street
Lowell,
MA 01852
Tel:
(508) 454-8821,
1256A

x.259

by

the
Fees

�r

..
'

•

\.

.

r-

UNITED STATES DISTRICT COURT

,oC
I '1

~ '"7
...,

''

I

DISTRICT OF MASSACHUSETTS

l )

//:

HISPANIC PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

)
)
)
)
)
)

vs.
GEORGE D. KOULOHERAS, ET AL
Defendants

CIVIL ACTION NO. 87-1968-"'l

)

AFFIDAVIT OF ANN O'DONNELL

I,
Ann O'Donnell,
being
belief,
do say and depose

first
duly
as follows:

sworn,

upon

personal

knowledge

and

1.

I am now, and was,
on February
6, 1989,
the Supervisor
Bilingual
Education
for the School Department
of the City

2.

In January,
1989,
I was requested
by George
N. Tsapatsaris,
Director
of the Lowell
Public
Schools
to review
the objectives
which were adopted
under
the revised
Lau Voluntary
Compliance
compare it with the policies
and procedures
which were in effect
the adoption
of the Voluntary
Compliance
Plan.

3.

In response
to this
request,
I prepared
a report
Revised
Voluntary
Compliance
Plan".
A copy of
''Exhibit
1'' and attached
to this
affidavit.
It is
reference.

4.

The
contents
of
the
report
entitled
"Analysis
Compliance
Plan"
reflect
the results
of my study
be implemented
and those already
implemented.

5.

My analysis,
as indicated
in the report,
was that
generally,
many of the
objectives
and tasks
proposed
under the Lau Voluntary
Compliance
Plan were
already
part
of the
programs
and procedures
in use within
the
Lowell
School Department.

1256A

Project
and tasks
Plan,
and
prior
to

entitled
"Analysis
of
the
report
is marked
incorporated
herein
by

of
Revised
Voluntary
of the plans
proposed
to

Signed under pains
of perjury,
this

Ann O'Donnell

of Transitional
of Lowell.

and penalties
~.ft. day of May,

1989.

�•

LaiELL POBLl:C SCHOOLS
TRANSfTIDNALBf'fJGIIAIfflWA!PNPRQGRAM

LDWIHohSchoolRoom020
50 Fn,,teh SttHI &amp;fMsion

.I.Dtwill,.,,_.,.,.,,..tis

February

Ann O'Donnell

01852 .

Tel. (508) 937-7692

6, 1989

Supervisor

George Tsapatsaris,
Project Director
Lowell.Public
Schools
89 Appleton Street
Lowell, Massachusetts
01852
Re:

Analysis

of Revised

Voluntary

Compliance Plan

Dear George:
In accordance with your request,
I have reviewed the Revised Voluntary
Compliance Plan, approved by the Lowell School Committee November 9,
1988, and am submitting
the attached Report.
My comments relative
to each objective
and task reflect
whether these
procedures,
initiatives,
responsibilities
were in effect prior to the
revisions
made by the Plaintiffs'
Attorneys or whether they are New.
In elaborating
somewhat, I felt
clearer
perspective
of policies
to the law suit.

City Solicitor
and procedures

Sweeney would gain a
which were in place prior

I am also enclosing
for Mr. Sweeney, a set of the various Forms which I
made available
to the METAAttorneys during our meetings with them.
Objectives
Childhood
responded
Please

relating
to Special Education,
Chapter I, Bilingual
Early
Education,
Vocational
Education,
and Discipline
are being
to by directors
of these programs.

inform me if further

assistance

is needed.

Sincerely,

~

Ann O'Donnell,
Supervisor
Transitional
Bilingual
Education
Attachment§
cc:

City

Solicitor

Sweeney

�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATIONPROGRAM
ANALYSISOF REVISED VOLUNTARY
COMPLIANCE
PLAN
Submitted

to George Tsapatsaris

Objective
Task
Object

Comment •
1

Task 1.1
Object

by Ann O'Donnell

2

*Same.
Assignment through
by School District

PIC with centralized
(Desegregation
Plan)

enrollment
New.

established

*Same.

Task 2.1

Project
Director having direct line
and Staff is new only to the extent
(Previously
served in that capacity
in most instances).

Task 2. 2

Project
Mayor's

Task 2.3

Establishment
of Mayor's Bilingual
Education Sub-committee ~ew.
Minimal changes in expansion of Master PAC as these individuals/
City Wide PAC were invited
to participate
previously.
The
Master PAC meetings are held usually seven or eight times during
school year and once or twice during summer, as needed.
Sub PACs
and Master PAC were established
since 1972 and maintained
continuously
since then by TBE Program Supervisor.
All meetings
have been open meetings and guests and speakers on the Agendas.

Task 2.4

Mayor's Sub-committee's
responsibilities
to dispute resolution
has been in place.

Task 2.5

This reponsibility
previously
implied.
As a result
of Leadership
Academy meetings,
a Sub-committee was established
to explore Staff
Development and Inservice
Training issues - Report with recommendations submitted to School Committee - release days designated
implemented - Deputy Superintendent
in charge.
This was a School Department initiative.

Task 2.6

Most of the data requested
is compiled and reported
in different
reports
by the TBE Supervisor.
The TBE Program Supervisor
reports
the following data in the
"Bilingual
Questionnaire"
submitted annually to State Department
of Education:

Director
Bilingual

a, d, e, g (never

authority
over TBE Supervisor
of being formally designated.
as Superintendent's
designee

serving as Superintendent's
representative
Education Sub-committee New.

completed),

i,

k.

are New.

Policy

to

relative

�,

(b). Data regarding
annual assessment of English language
skills
is submitted to Bureau of Transitional
Bilingual
Education Program annually.
All of the information
requested
in ''(b)'' is recorded on each student in TBE by teachers on
An Assessment Record Form devised by TBE Supervisor.
Pre and
Post test scores and dates for English proficiency
(Aural,Oral)
Reading, Writing, Math, and Native Language Literacy are recorded.
One copy is retained
in TBE Office files and the other retained
by teacher.
Some of the assessment data is recorded on the Bilingual
Pupil
Study Team Report form which must be completed for each student
being considered
for mainstreaming
(exiting)
from the TBE Program.
(c).
A new form was devised by TBE Supervisor
last Spring to
record the absentee rate on each student in Kindergarten
through
Eighth Grade.
(e). Promotion lists within TBE as well as Retainees in Same
Grade in TBE forms are completed annually on all students K-8
and filed in TBE Office.
(f). This data is compiled for all High School students
(TBE and
mainstream) by High School Head Master, Guidance and Data Processing
Department.
(g). A greater
effort
High School/Guidance.

must be initiated/followed

through

by

(h). Responsibility
of LAU Assessment Specialist.
In our
Original
and 1980 Revised LAU Plan, the LAU Coordinator
had
this reponsibility.
(Position
and title
changed).
(i). Lists
the year.

(j).

Special

maintained

by TBE Supervisor

Education's

and updated

throughout

responsibility.

(k). Also submitted to TBE Bureau in Bilingual
Program Plans
which now are submitted every three years.
(Previously,
annually).
Program Plans are submitted,
reviewP.rl and must be approved by
Master PAC for TBE Program.
Please

Note:

All of this information
is included in the Revised
11/9/88 by School Committee) because during almost
from July 87 to Feb 88 attended by Project Director
Supervisor
with the Plaintiffs
and iheir Attorneys,
and reporting
of student data was discussed.
The
provided copies of all of the Program's Reporting

Object

3

(1) (2) (3) These were Lowell Public
to the Law Suit.

- 2 -

Plan (approved
weekly meetings
and TBE
collection
TBE Supervisor
Forms.

School initiatives

prior

�* Same.

Task 3.1
Task 3.2

Has done so in the past - Two Way and New programs must have
school based planning and development with input/support
of
TBE Supervisor.

Task 3.3

The Master PAC has always been advised/consulted
regarding
development of new programs and continuation
of established
ones.

Task 3.4
Task 3.5

This introduction
of various approaches in developing
literacy,
(including
whole language approach),-have
been, and continue to
be, introduced
and maintained in the TBE Department - The Program
Supervisor has brought in numerous consultants
to inservice
Staff in these approaches,
as well as providing opportunities
to attend conferences,
workshops, and visit
other school districts.

Task 3.6
Task 3.7

The establishment
of the Linguistic
Minority Center currently
entitled
the Urban Education Cen~er, was the results
of the efforts
of Gretal Clark, George Tsapatsaris,
and the TBE Program Supervisor
from Lowell and Lawrence - securing 636 funding.
While the Center
staff initially
trained/coached
Bilingual
Program Staffs in these
two school districts,
they currently
service many standard classroom teachers
in several schools.
Preservice
and continuing
inservice
will be provided to new programs just as inservice
is
maintained
in the TBE Program.
School Department initiative.
TBE Program class
thus, are smaller

sizes must conform to Chapter
than standard class sizes.

71A mandates

and

Assessment of Program needs has been the responsiblity
of the
TBE Program Supervisor who articulates
these needs to the
Superintendent
and Project Director.
It is the Superintendent's
responsibility
to convey these needs to the School ColllI:littee.
Task 3.8

* Sarne.

Task 3.9

The assessment of housing/staffing
needs for the next academic
year are usually begun in early Spring.
They are continuously
reassessed
throughout the school year and during the Summer
because of the continuing
enrollment.

Task 3.10

These procedures

Task 3.11

The School Department continues exploring new avenues
initiating
and expanding work-study,
college-oriented,
development programs.

Task 3.12

This has been in place

Object

4

Task 4.1

were initiated/developed

* Sarne.
* Sarne.
-

3 -

for some time.

by the School Department.
for
language

�-

Task 4.2

Support Staff
the exception

•••

--------------------

listed were in place
of the following:

prior

to the Law Suit with

Khmer Component Facilitator
(Posted)
Parent Advisor Council Coordinator
(Re-posted
no qualified
applicant)
Task 4.3

* Same.

Task 4.4

* Same.

Task 4.5

several

times -

In place.

A native speaker who represents
the parents/community
and who
assesses
the native language proficiency
of the applicant,
serves on the Personnel Interview Team for all administrative,
teaching,
and liaison
positions
in the TBE Program.
In most
instances,
Instructional
Aide applicants
are interviewed
by the
Deputy Superintendent
and then approved by the School Principal.
Change. This section calls for representatives
from the
Master PAC to serve on the Personnel Selection
Advisory Committee
to interview
school-based
administrative
position
applicants
(schools with TBE classes)
as well as for Central Administration
positions
effecting
all studnets.
Two parent representatives
will be named by the Master PAC to the P.S.A.C. when interviewing
for Bilingual
Program administrator
positions.

Object

5

Task 5.1

*Same.
Drop NTE for Bilingual
teachers
Bilingual
long-term substitutes

/New.
status

has been in place.

Task 5.2

This is usually

the case.

Task 5.3

This is usually

the case.

Task 5. 4

The TBE Program Supervisor

Task 5.5

While the Master PAC and community organizations
have given
input into recruitment
procedures for linguistic
minority
personnel,
it appears through this task that more direct
input
is requested.

Task 5.6

This procedure
though.

Task 5.7

This takes place annually - Staff meetings,
staffing
and training
needs assessments
are conducted throughout the school year - not
always through Questionnaires.
For Title VII Evaluation,
K-8
teachers completed Staff Development Questionnaires
(Inservice
and C6nferences)
arid Parents evaluated Liaisons and PAC meetings/
workshops' effectiveness.

Task 5.8

Program plans and budgetary
not always by February 1st.

•

serves

has been in place

- 4 -

on the interview

- not necessarily

requests

are reviewed

team.

by February

1st,

with Master PAC,

�•

Task 5.9

For years, the TBE Program Supervisor
has received commendations
from the State Supervisor
from the Northeast
Regional Education
Center in her Annual TBE Program Review Report for continued
outstanding
pre and inservice
training
provided the TBE staff.
Collaboration
between Lowell's TBE Program and University
of
Lowell and Center for Field Services and Studies has been in
effect
for years.
A Masters ESL Program; a Masters in Bilingual
Education;
an
Undergraduate
course program for Southeast Asians teachers;
a Masters Program leading to ESL certification
for Grandfathered
teaching;
inservice
training
for Instructional
Aides are only
some of the programs initiated.
Inservice
training
has been provided by staff from: (l)The Multifunctional
Education Resource Center, Providence,
R.I.; (2) The
National Origin Desegregation Center at Columbia University;
(3) Notre Dame College in Manchester,
New Hampshire; (4) Boston
University
school of Education as well as the Division of
Social Services;
(5) University
of Massachusetts,
Amherst.
There are presently
several
in the internship
program.
Lowell's
students
Vermont.

teachers

TBE Program has also
from the Internation

in the TBE Porgram participating

been a selected
internship
site for
School of Training in Brattleboro,

Task 5.10

The itemized topics/areas
are being addressed
inservice
and course offerings.

Task 5.11

This is in place.

Task 5.12

While this is our objective,
it may take a longer period of
time for the Southeast Asian teachers
to attain
certification.

Task 5.13

This is occurring

Task 5.14

The Deputy Superintendent
is assisted
Leadership Academy Agendas.

Object

6

Task 6.1

- a School Department

through

our

initiative.
in this

effort

by the

*Sarne.
*Sarne - in place.

Task 6.2

Although all notices have been provided to parents of TBE Program
students
in native as well as English languages for years, there
is a more concerted effort
for notices
in two languages to be
provided for mainstream minorities.

Task 6.3

Translations

Object

This is now being

7

are provided

when requests

are

submitted

implemented.

- 5 (

in advance.

�Task 7.1

Being implemented.

Task 7.2

Equal access to computed assisted
effected
since the 1987-88 school

Object

In place

8

Task 8.1
Task 8.2

9

Object

In effect

now as a result

has been

of the Law suit.

now.

*

Same - School Committee approval has always been required
for
TBE classes to be assigned to a particular
school; however,
not required for designated
location
within the school.

*

Same - has been in place

Task 9.1

We are in compliance

Task 9.2

In place

Task 9.3

instruction
year.

*

Task 9.4

since

for years.

thus far

the acceptance

this

year.

(New)

of the Desegregation

Plan.

Same.
Time frame is new.

Task 9.5

*

Same.

Task 9.6

*

Same.

Object

*

Same.

Task 10.1

*

Same. This criteria
was taken from the bilingual
Pupil Study Team
Report Forms which have been used for the past eight or nine years.
The TBE Supervisor provided a copy of the Form to the Plantiffs'
Attorneys prior to their revision of this Compliance Plan.

Task 10.2

*

Same. I have kept the Superintendent
and Project
with this data for the past several years.

10

Task 10.3
Task 10.4
Task 10.5

Task 10.6

Procedure
Policy.

*

adopted

as a result

of the Voluntary

Director

informed

Desegregation

Plan

Same.
Parental participation
has always been a requirement
in
mainstreaming
procedures
(Bilingual
Pupil Study Team).
parents cannot attend meetings,
they are notified
of the
in writing.
Lateral mainstreaming
only became an issue as the result
procedures
followed in one school last year.

the
When
results
of

Monitoring of exited students by the LAUAssessment Specialist
has been in place since the LAU Compliance Plan was developed
in 19 77.

- 6 -

�Task 10.7

Procedures for integration
into the academics have been in
place, but scheduling
for integration,
particularly
at the_
Junio.r High level,
is difficult
and needs creative
solutions.

Object

This has not been addressed

11

Task 11.1

Culturally

Task 11.2

To be initiated.

Task 11.3

In place.

Task 11.4

To continue.

Task 11. 5

Implemented by School Department
during Leadership Academy.

Task 11.6

New.

Task 11.7

New.

Task 11.8

New.

*These objectives
of the Voluntary

and tasks
Compliance

appropriate

adequately

alternative

were being implemented
Plan by the Plaintiffs'

- 7 -

in the past.

programs must be developed.

as a result

of planning

prior to the revision
Attorneys.

�NUMBER
OF YEARSENROLLED
IN LOWELL'STRANSITIONAL
BILINGUALEDUCATION
PROGRAM
CRITERIA: First year (excluding Kdg.) - two semesters of 90 days each with_!!£ _more than 10 absences per semester.
Second year •· four semesters of 90 days
each with_!!£~
than 10 days absent~
semester.
Third year - six semesters of 90 days each with no more than 10 days aosent each semester ..
A complete Spring· semester followed by a complete Fall semester are considered consecutive.
DIRECTIONS:Please record the number of days enrolled per year and the number of days absent each Report Card period for each student from the date of
enrollment in Lowell's TBE Program. Please use two lines if a student has been enrolled longer than five years.
Return the completed form
to the TBE mail box at Central Administration
by Thursday, June 23, 1988. Thank~(TBE Office will compute Years Enrolled in Lowell's
TBE Program.)
.
SCHOOL
GR.iDE:
NATIONAL
IT' :
TE, CHER(S):

-

Days
Enrol,

1987/1988
Absences
1
Days
•
. I.
1st ·2nd 3rd 14th Enrol.
I

I

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1986/1987
fbs1 ncei
1st: 2n, 3r, 4th

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198J/l964.
Absences
1st 12~d jrd 14th

I

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Enrol:

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Absences 1
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Lowell
"'D"

Yrs.
En,ro11

�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATION
PROGRAM
TITLE VII PROJECTLOHELL

Page .1

TESTING RECORD
TEACHER

..... ·-•··---

•·

1987-1988 GRADE

..

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�LOWELL
PUBLICSCHOOLS
TRANSITIONAL
BILINGUALEDUCATION
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TEACHER

TESTINGRECORDPage 2

TinE VII PROJECTLOWELL 1987-1988

SCHOOL

GRADE
•

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Pre
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DATE RATING

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Portuguese
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COMMENTS

�UNITED STATES DISTRICT COURT

•

;

.,.

I

DISTRICT OF MASSACHUS.iTTS

t! '89

HISPANIC PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

)
)
)

vs.

)

GEORGE D. KOULOHERAS, ET AL

)
)

Defendants

CIVIL ACTION NO. 87-1968-K

)

AFFIDAVIT OF DR. JANICE L. ADIE

I, Janice
L. Adie,
being
first
duly
belief
do say and depose as follows:

sworn,

upon

1989, the Acting
Special
of the City of Lowell.

personal

I was on January
23,
The School Department

2.

On January
18,
1989,
George
N. Tsapatsaris,
Project
Director
for
the
Lowell
School
Department,
asked
me for
information
regarding
Special
Education
processes,
procedures,
and services
with
regard
to linguistic
minority
students
in the
Lowell
Public
School
System,
and the
changes
which were to be implemented
under the Lau Voluntary
Compliance
Plan.

3.

In response
to Mr. Tsapatsaris'
request,
I analyzed
the tasks
planned
for
implementation
under Objective
No. 14, Special
Education,
and compiled
the
results
in an "Inter-Office
Memorandwn",
dated
January
23, 1989, which I
sent
to George Tsapatsaris.
A copy of that
memorandum,
marked
"Exhibit
2", is attached
to this
affidavit,
and incorporated
herein
by reference.

4.

Under the Lau Voluntary
Compliance
planned
for implementation.

no new programs

Administrator

and

1.

Plan,

Education

knowledge

were

for

developed

Signed under pains
and penalties
of perjury,
this --~ay
of May, 1989.

Dr.

1256A

L.

or

�--~

LOWELLPUBLICSCHOOLS

. - . ..
'

'

DEPARTMENT
OFSPECIALEDUCATION

!.;,

Marci MurphySpecial Ed Center
57 TenthStreet

21
I

t;,
'

Lowell,Massachusetts01850

. -

Tel:
Date:
INTER-OFFICE

To:

George

From:

Dr.

Subject:

Voluntary

Tsapatsaris,

Janice

(508) 937-7685
23 Jan 89

MEMORANDUM

Project

L. Adie,

Acting

Compliance

Plan

Director
SPED Administrator

The following
is in response
to your verbal
request
of 18 Jan
89 for inform~tion
on prior
SPED processes,
procedures
and services
with regard
to linguistic
minority
students.
The responses
are
organized
accorrling
to the tasks
delineated
under the special
education
section
of the Voluntary
Compliance
Plan.
TASK 14.1.

All psychological
testing
in Spanish
and Portuguese
currently
is,
and previously
was, conducted
by bilingual
persons.
All psychological
testing
in the Southeast
AsiaJ
languages
currently
is and previously
was
conducted
by a Thai psychologist
who is proficient
in
the cultural
background
of the Southeast
Asian
students.
Though DOE allows
the use of monolingual
psychologists
with interpreters,
the Lowell SPED
Department
has always
attempted
to provide
testing
by
bilingual,
appropriately
certified
psychologists.

TASK 14.2.

Caseloads
for bilingual
psychologists
those
of monolingual
psychologists.
have high caseloads.

TASK 14.3.

Special
Education
evaluations
often
exceed
the thirty
(30) day time limit
for majority
and minority
students.
A Task Force is addressing
this
issue.
Parental
consent
currently
is,
and previously
was, sent home in the
primary
language
within
five
(5) days of referral.
A
written
request
by a parent
for SPED services
does
initiate
a SPED evaluation,
and the parent
is sent a
consent
form within
five
(5) days.

TASK 14.4.

Bilingual
personnel
working
with linguistic
minority
students
have always
been invited
to participate
in the
TEAM process.
For students
enrolled
in monolingual
cl~sses
where the home language
is other
than English,
bilingual
personnel
are not usually
involved
in the TEAM
process
unless
TEAM mecbers
feel
it necessary
or unless
bilingual
personnel
request
involvement.

have not exceeded
All psychologists

�-2.•
••

TASK 14.5

.

The Lowell
Special
Education
Department
has one half
time Spanish
(20 hours/week),
and one half
time
Cambodian
(15 hours/week)
community
liaison
interpreters.

TASK 14.6.

The Lowell
School
Department
has employed
sufficient
bilingual
special
education
teachers.
Classes
for Khmer
speaking
students
have been taught
by monolingual
teachers
with
Khmer speaking
aides.
The Portuguese
class
has been taught
by a monolingual
SPED teacher
with
a Portuguese
speaking
aide
and classes
in Spanish
have
been taught
by bilingual
SPED teachers.
For the past
two (2) years
the K-2 spanish
bilingual
class
did not
have a bilingual
teacher.
This
was remedied
this
year.

TASK 14.7.

The SPED Department
speech
pathologists.
sufficient
monolinugal

TASK 14.8.

Students
of LEP who are vision
impaired,
or require
adaptive
by monolingual
staff.

TASK 14.9.

Last
year
linguistic

TASK 14.10.

Attempts
minority
language

•

there
was
minority
have always
students
of
barrier
.

has not had any bilingual
We also
have been unable
speech
pathologists.
impaired,
P.E.,
OT,

a disproportionate
students
in 502.4

hearing
PT are

certified
to locate

serviced

number
of
prototypes.

been made to ensure
that
LEP are not misclassified

linguistic
due to

a

�..
UNITED STATES DISTRICT COURT
DISTRICT OF MASSAGHUS&amp;TTS:

HISPANIC

r•1 ••• 11 e
..., ,y, 111 '80
)
PARENTS ADVISORY COUNCIL, E!lr-AL
•

Plaintiffs

I

.)

)
)
)
)
)

vs.
GEORGE D. KOULOHERAS, ET AL
Defendants

CIVIL ACTION NO. 87-1968-~

)

AFFIDAVIT OF TADEUSZ H. RURAK

I, Tadeusz
H. Rurak,
being
first
duly
belief,
do say and depose as follows:

sworn,

1.

I am now, and was on January
for the Lowell Public
Schools.

the

2.

In January,
1989, I was requested
by George N. Tsapatsaris
to compare the
Chapter
1 programs
in place
before
the implementation
of the Lau Voluntary
Compliance
Plan with those to be introduced
under the plan.

3.

The results
of my investigation
to Henry Mroz,
Superintendent
dated
January
23,
1989,
is
incorporated
herein
by reference.

4.

In general,
my analysis
of the programs
revealed
that
Voluntary
Compliance
Plan,
minority
and
non-minority
provided
equal access
to Chapter
1 programs.

prior
to the Lau
students
were

5.

Selection
proficiency

English

6.

Since
the implementation
been
supplemented
to
Pawtucketville
Memorial
High School.

for
Chapter
alone,
but

1

23,

1989,

upon

Director

of

knowledge

Chapter

and

1 programs

were compiled
in a memorandum which I sent
of the Lowell
Schools.
This
memorandum,
marked
"Exhibit
3" attached
hereto
and

services
on educational

was not
based
deprivation.

on

Speaking

of the Compliance
Plan,
Chapter
1 Services
have
provide
Spanish
Remedial
Reading
at
the
School
and Khmer Remedial
Mathematics
at Lowell

Signed under pains
of perjury,
this

1256A

personal

and penalties
9-/i... day of May, 1989.

�LOWELLPUBLICSCHOOLS
89 APPLETONSTREET
LOWELL,MA 01852
Tel. 937-7621
937-7622
937-7623

TADEUSZH. RURAK
CHAPTER I DIRECTOR

TO

Henry J. Mroz, Superintendent of Schools

FROM:

Tadeusz H. Rurak, Chapter 1 Director

SUBJECT:

Civil Rights Complaint Regarding Chapter 1

DATE:

January 23, 1989

~ )(:~

Prior to the Civil Rights complaint, Linguistic minority students were provided equal
access to Chapter 1 Services. Through uniform criteria, children were selected for
participation on the basis of educational deprivation, not on the basis of English
speaking proficiency alone. The referral/selection process ranked students according to
greatest need. A system-wide rank order eligibility list identified students in greatest need.
These instructional services were provided in the English language.
The Chapter 1 Director, the Project Director and the Bilingual Director met regularly
to address the needs of the Bilingual Department, and to address the remedial services for the
linguistic minority students.
The State Department of Education participated in the coordination of efforts between
Bilingual, Special Education and Chapter 1 programs, and in the monitoring of remedial
services for the Linguistic Minority Student.

Since the complaint, this year Chapter 1 instructional services have been
provided in the native language at the following sites:
Spanish Remedial Reading at the Pawtucketville Memorial School and Khmer Remedial
Mathematics at Lowell High School.

Two full-time Chapter 1 Parent Liaisons: one Native speaking Khmer and
one Native Speaking Hispanic have also been added to the program.

�- I If

F

CERTIFICATE OF SERVICE
j\,,

f.1

ll,

I, Thomas E. Sweeney,
City
Solicitor,
hereby
certify
that
on this
date,
May 10, 1989,
I mailed
a copy of "Defendant,
City
of Lowell's
Opposition
to
Plaintiffs•
Motion
for Leave to File
a Response
to Defendant•
s Opposition
to
Plaintiffs'
Motion
for
an Award
of
Attorney's
Fees
and
Costs",
postage
prepaid,
to Alan Jay Rom, Esquire,
294 Washington
St.,
Suite
#401, Boston,
MA
02108 and Attorneys
Roger
L. Rice/Camilo
Perez-Bustillo,
50 Broadway,
Suite
401, Somerville,
MA 02145.

Thomas E. Sweeney
City Solicitor

1256A

�•

..
,.-

\ 3•~1:\\.
'ti~
UNITED STATES DISTRICT COtiR~\~
DISTRICT OF MASSACHUSETTS

)
)
)
)
)
)
)
)
)
)
)

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et al.,
Plaintiffs,
v.

GEORGE KOULOHERAS, et

al.,

Defendants.

;

CIVIL ACTION
NO. 87-1968-H

)

____________________

)

PARTIAL REPLY BRIEF TO DEFENDANTS' OPPOSITION
TO PLAINTIFFS' MOTION FOR
AN AWARDOF ATTORNEYS' FEES AND COSTS

This

memorandum

Opposition

to

and Costs.
tained
correct

the

the

I .

to

davit

seeks

factual

to

for

correct

Plaintiffs
further

The Plaintiffs

Are

brief,

statements

to

an Award
legal

Defendants'
of Attorneys'

Fees

misstatements

con-

Reply

to

A supplemental
in
after

the

Defendants'

they

have

had

Brief
brief

will

an oppor-

discovery.
Entitled

opposition

a reply

reply

certain

brief.

conduct

form,

Motion

misstatements

by the

In their
submit

in

Defendants'

be submitted
tunity

submitted

Plaintiffs'

It

in

is

to
the

the

To Conduct
Plaintiffs'

Defendants

made

Further

by certain

motion

have

resubmitted,

Lowell

school

Discovery.
for

leave
in

affi-

to

�•

officials

originally

claim

that

further

this

change

discovery

argue

that

already

additional

contained

the

Civil
at

right

Civ.

time

R.

days

of

the
for

precludes

a party

ters

the

discussed

Services
should
ments

v.
have
made

vit.

not

II.

Plaintiffs
In part

the

Plaintiffs

u.s.c.

§

further

1988

to

depose

the

R.

depositions

is

only

within
there

submission

discovery

is

of

on the

thirty

subject

New England

(1st

Cir.

1987)(district

discovery

to

on statements
has

investigate

a party

has

contained

a right

to

in

conduct

no

affidavits

e.g.

286

person

Fed.

Further,

See

any

of

action."

a witness

the

Rules

matData
court

state-

a right

to

an affidadiscovery

on

by an affidavit.
Are

II

an affidavit

a right

Clearly

a party

of

Federal

depose

that

an affidavit).

raised

any

not

the

Id.

829 F.2d

In addition,

issues

to

conducting

a witness

no facts

Under

conduct

affidavits.

permitted

makes

Defendants

purpose

of

to

of process.

Becker,

cross-examine

court

seeks

the

statements

produce

the

have

proposition

in

in

will

understand

of

from

the

Defendants

unnecessary.

commencement

a party

service

of

discovery.

the
Leave

authority

format

Plaintiffs

"after

Opposition.

affidavits.

to

the

where

their

Plaintiffs

conduct

30(a).

required

the

the

fail
to

to

discovery
in

Procedure

any

in

by the

Defendants
and

appended

of
are

"Prevailing
their
not

precludes

Parties"

Opposition
entitled
an award

the

to
of

-2-

Under

42

Defendants

attorneys'
attorneys'

fees
fees

u.s.c.

§

argue

that

because
for

1988.

42

claims

�brought
Plaintiffs'

u.s.c.

action

also

u.s.c.

and 42

§

20

under

1988,

the

action

§

1983,

that

Nichols

of

then

the

proficient

students
Civil

of
Rights

tions.

In

obtained
Thus,

the

the

u.s.c.

§
In

ancestry

Plaintiffs
and

are

to

1964,

in

case

the

have

clearly

therefore

in

563

1

and

limited

concern-

English
that

proper

VI of
its

sought

relief

sought
in

the

instruction

and

have

succeeded

In

rulings

and Welfare

2000(d)

to

1703(f).

(1974).

of Title

the

entitled

Plaintiffs'

case

Plaintiffs
to

the

seminal

violation

identical

of

42 U.S.C.

allegations

§

2000(d)

§

provide

42 U.S.C.

in

regulations

involving

§

42 U.S.C.

414 U.S.

upheld

the

u.s.c.

of

failed

almost

the

that

20

instruction

system

of

of

Education

a case

instant

relief

VI relief

scribed

Act

violation

Health,

in

Chinese

heart

Nichols,

fact

included

the

Court

of

the

under
are

overlooks

the

children
school

in

Supreme

for

relief

that

Lau v.

Department

requirements

Francisco

was

argument

the

Despite

of which

argue

education,

Lau v.

ing

both

Lowell

Defendants•

1703(f).

sought

Defendants

was

bilingual

§

to
the

regulaand
in

Lau.

achieving

Title

fees

under

attorneys•

San

1988.
addition,

by section

it

is

well

1703(f)

established
is

coextensive

that
with

the

conduct

pro-

that

Although
the Supreme Court has since
modified
the required
standard
of proof,
the Supreme Court's
holding
in Lau that
all
children
are entitled
to an equal
education
still
stands.
See
Guardians
Ass'n
v. Civ, Serv.
Com'n of City of N.J.,
463 U.S.
582 (1983).

l/

-3-

42

�•

prohibited

by the

Casteneda

v.

1703(f)
duct

Pickard,

merely

ed to

by§

989

attorneys'

Cir.

the

for

§ 2000{d).

1981).
of

1988

Section

the

fact

conduct,§
fees

42 U.S.C.

instance

Given

similar

and

(5th

a specific
2000(d).

proscribe

provide

Amendment

648 F.2d

provides

proscribed

§ 2000(d)

Fourteenth

kind

that§

con-

1703(f)

should

prevailing

of

be

parties

and

interpretunder

§ 1703(f).
III.

An Award

of Attorneys'

In part
an award

III

of

of

their

attorneys'
agreed

to

Plaintiffs

would

seek

the

support

Court

for

entry
attorneys'

costs

and

they

would

oppose

was ever

made

entitled

to

of

fees

fees

during

Courts
actions

because
the

v.

Helqemoe,

581 F.2d

for

the

simply

Gagne,

it

the

they

grant

disclose

of

the

Consent

448 U.S.
275,

279

that
did

not

been
122,

(1st

fees
struck

129
Cir

a party
announce

-4-

fees,

not

be

availability

Decree.
in

civil

between

1978).

its

that

no argument

the

(1980);

may not

would

indicated

would

not

or
notified

they

Defendants

did

has

no legal

that

Plaintiffs

attorneys'

the

Plaintiffs

for

that

the

that
is

Decree

While

negotiation

proposition
because

Consent

application

a settlement

See Maher

There
In fact,

fees.

now that

routinely

after

the

argue

because

knowing

fees.

Plaintiffs'

until

Defendants

without

position.
of

Be Unjust.

be unjust

attorneys'
this

Not

the

would

settlement

before

seek

Would

Opposition
fees

Defendants

factual

Fees

the

Nadeau
There

recover
intention

rights
parties.

v.
is

no support

attorneys'
to

do so

fees

�beforehand.
the

At the

instant

years.

case,

Thus,

Defendants
fees.

their

position,

at

because

IV.

the

parties
had

The Defendants'
Reasonable

part,

by looking

These

fees

rates

in

are

are
the

to
to

465 U.S.

entitled

to

the

issues.

Schools,
911

look
See

611 F.2d

for

community

886
at
e.g.
624

(6th

to

Cir.

without

are

to

regardless

-5-

of
is

fees

before

42

is

Reasonable.
Motion

that

the
is

exces-

merit.
determined,

charged

in

the

prevailing

of whether
counsel.
the
and

Board

1979),

1979)

Plaintiffs

according

(1979).

Cir.

support

Plaintiffs'

attorneys

v.

seek
in

contend

by the

experience

Northcross

attor-

Fees

Additionally,

counsel's

could

367.

or nonprofit

(1984).

eleven
the

attorneys'

and Costs

is

for

in

negotiations,

settlement

at

customarily

by private

Stenson,

denied

decree

place

(9th

Attorneys'

requested

be calculated

relevant

represented

Id.

Fees

rates

365

Opposition

rates

in

Defendants

the

for

consent

Plaintiffs

court

argument

hourly

the

been

by the

the

their

fees

had

608 F.2d

of Attorneys'

sive.

the

passed.

in

of

settlement

cited

Request

attorneys'

the

negotiated

been

of

1988

Clark,

had

amount

signing

that

case,

The Plaintiffs'

an Award

§

case

Aho v.

1988

the

of

on notice

The Defendants
for

time

In that

§

U.S.C.

the

The only

inapposite.

of

42 U.S.C.

were

neys'

time

cert.

community.
market
Plaintiffs

Blum v.
court

familiarity

of Ed.

in

is
with

of Memphis

denied,

447 U.S.

City

�As set
member of
Lawyers

out
the

Boston

Committee

hourly

rates

community
the

criteria

have

the

v. Morizio,

the

fees

759 F.2d

577 (7th

Cir.

factors

Plaintiffs'

attorneys

and the

requested

461 U.S.

experience

relative

paralegal

are

association

Muscare
rate

through

for

for

reasonable.

Difilippo

v.

each

Quinn,

614

of

consideration

and expertise

fees

appropriate

See e.g.

in addition

attorneys'

Boston
In this

the

to one another.

factors,

in the

and bar

1988.
1985);

the

Mr. Rom, employed

in considering

section

of the
A),

experience.

bar

was established

to these
the

private

The hourly

and the

criteria,

Eckerhart,

under

Committee

those

similar

pertinent

1980).

attorneys

consideration

with

231 (2d Cir.

attorneys

above

consistent
with

a

as Exhibit

including

of the

Marcellino,

(attached

lawyers,

attorneys

held

J.

Steering

Rights

are

standards

award of attorney

Plaintiffs'

Civil
staff

for

been

of James

Bar Association's

counsel

respect,

F.2d

Affidavit

for

for

as Plaintiff's
legal

in the

of each
Giving

to the
each

of
of

special

other

Hensley

of Plaintiffs'

See Hensley

v.

424 (1982).

CONCLUSION
For
Opposition

these

reasons

to Plaintiffs'

the

Court
Motion

should
for

-6-

deny

Defendants'

an Award of Attorneys'

Fees

�and

Costs

discovery

and

grant

in

support

the
of

Plaintiffs'
their

request

motion

for

to

conduct

attorneys'

further
fees.

Respectfully
submitted,
HISPANIC PARENTS
ADVISORY COUNCIL, et al.

By their

attorneys,

Thayer
Fremont-Smith
Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
Massachusetts
(617)
227-5020

CERTIFICATE OF SERVICE
I HEREBYCERTIFYTHAT A TR'UECOPY OF THE ABOVE'
DOCUMENTWAS SERVEDUPONTHE ATTORN.EYOF RECORD
.FOREACH OTHER'.PARTYBY MAIL-HAND ON

Thayer

Dated:

May 19,

1989

8266r

-7-

Fremont-Smith

02109

�UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
)
)
)
)
)
)

HISPANIC PARENTS ADVISORY
COUNCI L , e t a l . ,
Plaintiffs
v.
GEORGE D. KOULOHERAS, et
Defendants

al.

CIVIL

ACTION NO. 87-1968-H

)
))

______________
AFFIDAVIT
I,

James

J.

1.

I

am

Marcellino,
a

of

Gaston

specialize

in

business

a true

and

2.

complete

application

for

3.

For

Steering
under

Law

fees

Cammi t tee").
Committee

of

rates

Cammi t tee,

the

the

Lawyers
that

for

staff

including

Mr.

have

capacity
lawyers
Rom.

of

been

Association

the

follows:

Litigation
I

Exhibit

A 1s

the

Alan

chair

a

member
for

Rom's

the

employed

of

Civil
(the
of

Committee.
was

Jay

action.

Bar
became

the

as

support

Committee

I

as

resume.

Lawyers

1987,

say

Massachusetts.

above-entitled

Boston

in

in

Attached

in

I

and

Boston,

my current

years

the

responsibilities
hourly

in

of

In

of

Affidavit

several

of

1n

litigation.

this

Committee

depose

attorney

&amp; Snow

copy

I submit

MARCELLINO

on oath,

practicing

Department

J.

OF JAMES

Rights·
"Lawyers

the

Ethics

Among
establishment
by

the

the

my
of

Lawyers

�•

4.
from

In
the

consultation

Steering

recommended

to

attorneys,

with

Committee,
the

recommendations,
and

Boston.

Based

experience

the

hourly

on

and

our

the

appropriate

hourly

The

Steering

Committee

September

of
In

fair

and

1987,

ln

upward

since

lower

than

The

testify
rate

for

in

that
it

light

time,

should

knowledge,

Mr.

of

our

our
attorneys

law

firms

in

knowledge,

we concluded

Rom was

our

staff

the

general

Boston,

Mr.

my opinion

hourly

when

$175

that

per

recommended

rate

of

established,

of

because

information

on

for

the

reasonable

fact,

my personal

in

for

developing

various

and

adopted

my opinion,

especially

ski 11.

of

lawyers
rate

rates

we

hour.

rate

in

1987.

5.
was

hourly

resumes

rates

lawyers

experience,

In

the

review,

ski 11 as

trial

Rom.

reviewed

experienced

with

Committee
Mr.

we

other

all

Steering

including

involved

three

his

the
that

$175
in

considerable
rate

hourly

has
rate

for

the

Mr.

summer

experience
not

probably

Rom

been
is

of
and

adjusted
somewhat

be.
set

forth
and

in

this

I believe

regarding

a

Affidavit
that

fair

and

is

based

I am competent
reasonable

on
to

hourly

Rom.

SIGNED UNDER THE PENALTIES
May, 1989.

OF PERJURY

5 4 5 5m

- 2 -

this

16th

day

of

�•

Sl47m:S/S/8q

EXHIBIT A
RESUME

JAMESJ. MARCELLl~O,ESQ.
Mr. Marcellino
is a partner
of Gaston
&amp; Snow,
specializing
in business
litigation.
He is admitted
to the Massachusetts
Bar
and various
United
States
district
and appeals
courts.
He is a
graduate
of
Holy
Cross,
Boston
College
Law School,
and Boston
University
Graduate
School
of Management.
While
in law school,
he was a legislative
assistant
to the
President
of
the
Massachusetts
Senate.
Upon
graduation,
he
served
as a VISTA
volunteer
in
Detroit
with
Community
Legal
Counsel,
and thereafter
as a Deputy
and then
Special
Assistant
Attorney
General
in
Massachusetts.
Immediately
prior
to
his
joining
Gaston
&amp; Snow,
he worked
for
the
Boston
Redevelopment
Authority
as Project
Director
and
attorney
for
the
Downtown
Waterfront
- Faneuil
Hall
~rban
Renewal
Area.
Mr.
Marcellino
is
a Visiting
Professor
at
Boston
College
Law School
in high
technology
law and lectures
on litigation,
with
particular
focus
on computer
and
intellectual
property
matters,
to
client,
industry
and
professional
groups.
Mr. Marcellino
served
on the
High
Technology
Committee
of
the
Center
for
Public
Resources,
which
developed
model
procedures
for
the
use
of
alternative
dispute
resolution
in
technology
disputes.
His
publications
include
"Expert
Witnesses
in
Software
Copyright
Infringement
Actions"
(Computer
Law Journal,
Vo 1. VI,
No.
1),
and
"Due
Di 1 igence
as
a Two-Edged
Sword:
Potential
Liability
of
Venture
Capitalists
Funding
High
Tech
Start-Ups"
(an article
which
he co-authored
in
the
University
of
Santa
Clara
Law School
Computer
and
High
Technology
Law
Journal,
Vol.
2, No. 1).
Mr. Marcellino
is Chairman
Boston
Bar
Journal,
a member
College
Law
School,
and
a
Conservation
Commission.

of
the
of
the
member

Board
of
Editors
Alumni
Council
of
of
the
Town
of

of
the
Boston
Mi 1 ton

�AO 90 !Rev. 11/87) Deoosition Subpoena
if

'

~nitco

~tatcs

&lt;nourt

DISTRICT OF __ M_A_S_S_A_C_H_U_S_E_T_T_S
_______

________________

HISPANIC

~ istrict

_

PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

DEPOSITION SUBPOENA

V.

GEORGE D. KOULOHERAS, 2T AL
Defendants

CASE NUMBER: 87-1968

TYPE OF CASE

-K

SUBPOENA FOR

(X CIVIL

XJ PERSON

O CRIMINAL

iX! OOCUMENT(S) or OBJECT(S)

TO:

Tadeusz
H. Rurak
Lowell
Public
Schools
89 Appleton
Street
Lowell,
Massachusetts

01852

YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE

DATE ANO TIME

Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
Massachusetts
(617)

1:00
1989

P.M~ Friday
:-:

·~

-&lt;7

-

--..,
~

,..,

02109

227-5020

-'

YOU ARE ALSO COMMANDED to bring with you the following document(sl or object(sl:*

Please

---

.:;:-

June

see

attached

Schedule

A.

□ Please see additional information on reverse

Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30(bX6), Federal Rules of Civil Procedure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf;" and setting forth, for each person designated, the matters on which he will testify or produce documents or thing~ T-fi~ persons·'so designated shall testify as to matters known or reasonably available to the organization.
DATE

l

j
QUESTIONSMAY BEAODl;IESSEOTO:

Thayer
Fremont-Smith
Choate,
Hall &amp; Stewart
Exchange
Place,
53 State
Boston,
MA 02109
(617)
ATTORNEY'SNAME, ADDRESSANO PHONENUMBER
·u not aoohcable. enter "none"

Street
227-5020

2,

�AO 90 !Rev. 11/87) Deposition Subpoena

RETURN OF SERVICE &lt;1l
RECEIVED
BY SERVER

DATE

MAY3,1989

SERVED
SERVED

294 \'Va;h1n&amp;tvnSt , Sun.lf ~ .."'a
Boston, MA 0?108

PLACE

DATE

TADEUSZH. RURAK
LOWELLPUBLIC SCHOOLS
RQ APPT.'PTON ST __ I.nWFTJ,MA

PLACE

MAY3,1989

ON (NAME)

BY GIVING IN HANDTO
MR. HENRYJ.MROZ,SUPERINTEND
ENT OF SCHOOLS,
AUTHORIZEDAGENT
SERVED

r.orJSTJ\Blt:S orF-ICf

BY

FEES TENDERED

[j YES

AMOUNT$

ONO

46.00

TITLE

WILLIAMG.JOYCE

CONSTABLE,CITYOF BOSTON

STATEMENT OF SERVICE FEES
TRAVEL

SERVICES

TOTAL

$60.00

$60.00
DECLARATION OF SERVEA(2l

I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on

MAY3.1989
Date

&amp;~•Nro

of

~N•~:,i;tg
,,
\..,VI•

• :
, ,. •,_.__,

CITY Of

BOSTON

Address of Server

" .. ?_ONS!
ABLESOFFICE
m-"-·
I ,,.;fHr &lt;.,'tt"'ln ~+
.,. ~ .--..., t::-.......
,"'~ -1

ADDITIONAL

( l)

INFORMATION

.

'~

,.,

,, , 'l :\' 0'"&gt;108
,,_

As to who may serve a suopoena and the manner of Its service see Rule l 7(d}, Federal Rules of Criminal Procedure, or Rule 45(c}. Federal Rules of Civil
Proceciur~.
(2) "Fees and mileage need not be tenoered to the deponent upon service of a subpoena Issued on behalf of the United States or an officer or agency thereo•
(Rule 45(c}, Federal RuIes of Civil Procedure;
Rule l 7(d), Feaeral Rules of Criminal Procedure) or on behalf of certain Indigent pan,es an-:l criminal
de1endan;s wno are unat&gt;le to pay such costs (28 USC 1825, Rule 17(t&gt;) Federal RuIes of Criminal Procedures)".

�AO 90 !Rev. 11/871 Oeoos,f.on Suoooena

,
RETURN OF SERVICE

Ill
inn~

RECEIVED
BY SERVER

DATE

SERVED

SERVED

ON (NAME)

f"\ ..... ,., ~

•v,

,.,..,

1"" .....

Y'IUL.o:;;.,.» V,1

~-&lt;--=

,\,A ..

294 W,1shington St., Suite 438
Boston, MA 02108

MAY3,1989
DATE

SERVED

-v,

Pl.ACE

ANNEO'DONNEL,TRANSITIONAL
BILINuUAL Eu.
MAY3,1989
LOWELLPUBLIC SCHOOLS
RQ APPT.F.TON
ST rnwETL MA
FEES TENDERED
BY GIVING IN HANDTO
MR. HENRYJ.MROZ,SUPER46.00
AMOUNT$
CJ
YES
ONO
INTENDENTOF SCHOOLS,
AUTHORIZED
AGENT
Pl.ACE

BY

TITl.E

WILLIAMG.JOYCE

CONSTABLE,CITYOF BOSTON

--·---·

STATEMENT OF SERVICE FEES
TRAVEL.

• ~i e:.ivrcEs

TOTAL

$60.00

$60.00
DECLARATION

OF SERVER(2)

I declare under penalty of perjury under the laws of the United States of America that the foregoing
infocmation contained in the Return of Sen,ice and Statement of Secvice Fees is~nd
coccect.
Exec~ted on

Date

Signature of SBrver

Address of SBrver

ADDITIONAL.

! l)

INFORMATION

As to wno may serve a suopoena
Proceaur1;.

::?: "Fees

~'

t}t/~

MAY3, 1989

LII\M G. ,:JO'CE
co,~,;:,'...'.'~
..:. CITY Of BOSTON
1·'"

CO,\ .,

(,1 1
-~'+ liV~sn1ngton
St., Suite
uv::ilur,,

ancs tne manner

ot Its service

see Rulo 17(d},

Fooeral

{_

RuIes of c,Im1naI

•ult,

Mi-\

.t.:~~

u~J 08

Procedure.

o~ Rule ~S{c}. Feoera1 RuIes of Civil

ano m11eage neeo not oe tenoered to tne deoonent uoon service of a suoooena ,ssueo on oonaIf of tne Unltec States or an off1::e: or agency tnereo·
: Rule 45(c). Feoera1 R:u10s of Clvi1 Proceoure: Rute l 7(d), Feoeral RuIes of Ctim1naI Proceouret
or on oena:f of certatn InoI9ent carue'~an1 erin-fltna•
oe1en0Jn:'s wno are unabte to oay sucn costs (28 USC 1825, Rule 17(b) FeoeraI Ru1es of Crim1na1 Proceouresl".

�;\0 W IRev. 11/871 Oepositid"n Subpoena

•

....
DISTRICT OF _M_A_S_S..:....A.:_C_H_U-=S-=E..:....T_T....::S:..__
_______
_

________________

HISPANIC PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

DEPOSITION SUBPOENA

V.

GEORGE D. KOULOHERAS, ET AL
Defendants

CASE NUMBER: 87-1968-K

TYPE OF CASE

SUBPOENA FOR

Kl CIVIL

TO:

O CRIMINAL

!X PERSON :ltJDOCUMENT(Sl

Anne O'Donnel
Lowell Public
Schools
Transitional
Bilingual
Education
Lowell High School Room 020
50 French Street
Extension
Lowell,
Massachusetts
01852

or OBJECT(S)

Program

YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE

Choate,
Hall &amp; Stewart
Exchange Place
53 State
Street
Boston,
Massachusetts
(617) 227-5020

DATE AND TIME

9 : 0 0 _A • M • c-

...,._.

_

Wednes¢p.y, .IS1ay-=&lt;31,-~
19 89

02109

:1

' _,.,

...

,....,
'

I
-ri

r-

YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):*

J

Please

see

attached

Schedule

A.
)

' '

□ Please see additional information on reverse
Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30(b)(6),Federal Rules of Civil Proce•
dure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who con•
sent to testify on its behalf, and setting forth, for each person designated, the matters on which he will testify or produce documents or things. The persons,so designated shall testify as to matters known or reasonably available to the organization.
U.S. MAGISTRATE OR
/

DATE

..-,·t·•\.,.,••, •••

t ., .

J

This subpoena is i~sued upon appiit:'a1!,on .the-:

,

I]!

.

0

Plaintiff ,
'-

.',,1/,..,..,

- -~---·

Defeiiaant
,'

I

'

,•

,;- U.S. Attorney

c_, ,/

....._ ----·
______________________
·tt not apphcable, en1o~none"

QUESTIONSMAY BE ADDRESSEDTO:

Thayer Fremont-Smith
Choate,
Hall &amp; Stewart
Exchange
Place,
53 State
Boston,
MA o21 o9
NAi1€. AoD~lafA~D
__.Art&amp;~Jl
__________

Pl;'.ONE
NUMBER
---'-'"-•~---------

....;...•

Street

�,.
AO 90 (Rev. 11/87) Oepositjon Subpoena

•
RETURN OF SERVICE

RECEIVED
BY SERVER

DATE

PL.ACE

DATE

PL.ACE

(iJ

SERVED
SERVED

ON (NAME)

FEES TENDERED

□ YES
SERVED

BY

ONO

AMOUNT$

TITLE

STATEMENT OF SERVICE FEES
TRAVEL

SERVICES

TOTAL

DECLARATION

OF SERVER(2J

I declare under penalty of perjury under the laws of the United States of America that the fbregoing
information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on
Date

Signature of Server

Address of Server

ADDITIONAL

INFORMATION

As to who may serve a subpoena and the manner of Its service see Rule l 7(d), Federal Rules of Criminal Procedure, or Rule 45(cl, Federal Rules of Civil
Procedur'e.
(2) "Fees and mileage need not be tendered to the deponent upon service or a subpoena Issued on behalf of the United States or an officer or agency thereof
(Rule 45(c), Federal Rules of Clvll Procedure: Rule l 7(d), Federal Rules of Criminal Procedure) or on behalf of certain Indigent parties and criminal
defenaa:,ts who are unable to pay such costs (28 USC 1825, Rule l 7(b) Federal Rules of Criminal Procedures)".
•.
·•·

(1)

�A()

90 (Rev. 11/87) Deposition Subpoct,a

•

============================·=========

~nitch ~tatcs ~ istrict Qlourt
DISTRICT OF __ M_A_S_SA_C_H_U_S_E_T_T_S
_______

________________

HISPANIC

PARENTS ADVISORY COUNCIL,
Plaintiffs

ET AL

DEPOSITION SUBPOENA

V.
GEORGE D. KOULOHERAS, ET AL
Defendants

CASE NUMBER: 87-1968

TYPE OF CASE

-K

SUBPOENA FOR

K:JCIVIL
TO:

_

O CRIMINAL

George
Tsapatsaris
Lowell
Public
Schools
89 Appleton
Street
Lowell,
Massachusetts

IX PERSON

C:XOOCUMENT(S) or OBJECT(S)

01852

YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE

Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
Massachusetts
(617) 227-5020

DATE AND TIME -,·

9:00 A.M .•
Thursday
June

1.,.,, 19 89

02109
,

YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):*

Please

see

attached

Schedule

A.

□ Please see additional information on reverse

Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30(b)(6),Federal Rules of Civil Proce•
dure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who con•
sent to testify on it~eh:iff," ai:id.sel'!ing~rth, for each person designated, the matters on which he will testify or produce docu•
ments or things. T e pe~'6~~~~1fle1.lg~e&lt;t-shall testify as to matters known or reasonably available to the organization.

QUESTIONS MAY BE ADDRESSED TO:

Thayer
Fremont-Smith
Choate,
Hall &amp; Stewart
Exchange
Place,
53 State
Boston~
MA 02109
A-A-8R1l)s
·u not applicable. enter "none"

"•

NM.1.oo~~~

QND-PHONE NUMBER

Street

�..
AO 90 (Rev. 11/87) Deposition Subp:;;~na

RETURN OF SERVICE !1 I
RECEIVED
BY SERVER

DATE

PLACE

DATE

PLACE

SERVED
SERVED

ON (NAME)

FEES TENDERED

□ YES
SERVED

BY

ONO

AMOUNT$

TITLE

STATEMENT OF SERVICE FEES
TRAVEL

SERVICES

TOTAL

-----

DECLARATION OF SERVER(2)

I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on
Date

Signatura of Sarver

Address of Sarver

ADDITIONAL

(I)

INFORMATION

As to who may serve a subpoena ana the manner of Its service see Rule l 7(d), Federal Rules of Criminal Proceaure, or Rule 45(c), Federal Rules of Clvll
Procedure.
(2) "Fees and mlluge
neea not be tenoerea to the Deponent upon service of a subpoena lssueo on behalf of the United States or an officer or agency thereo:
(Rule 45(c), Federal Rules of Civil Procedure: Rule l 7(d), Feaeral Rules of Criminal Proceaure) or on behalf of certain Indigent parties and criminal
aetenaan.ts wno are unaole to pay such costs (28 USC 1825, Rule l 7(b) Federal Rules of Criminal Proceoures)".

�.,
..
AO 90 fAev. 111871Oeoos,uon Subooena

RETURN OF SERVICE
RECEIVED
BY SERVER
SERVED

SERVED
ON(NAME)

SERVED
BY

DATE

(ll

PLACE

...iv 'f.,

VV'•

1

-·'

•v-

294 WashingtonS~.,Suite438
Boston,l\,JA02108
DATE
PLACEGEORGE
TSAPATSARIS
MAY
3,1989
LOWELLPUBLIC SCHOOLS
gq uPPT.F.1tJl\i ST
rnWETL.MA
FEES
TENDERED
BY GIVING IN HANDTO
MR. HENRYJ.MROZ,SUPER- ...X
46.00
AMOUNT$-------INTENDENTOF SCHOOLS, UYES
AUTHORIZEDAGENT
TITLE
WILLIAMG.JOYCE
CONSTABLE,CITYOF BOSTON
MAY

i---------------·

3,1989

·-----------------·-·
STATEMENT

TRAVe'.

SERVICES

·-------

--------------------!

OF SERVICE FEES

TOTAL
$60.00

$60.00
DECLARATION

OF SERVER(21

I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on __

_;M:...;..;...;A..;;.Y----"'3_.
. ...;;;1;..;;;9...;;8;..;:9
__
Date

s;,o,wro of

~{)11
~~Me

r ,..,, •~: .• ' ~. CITY Of BOSTON

Address of Server

..., J'

•1

.,,

'

vt·r-ri...:1-.

\V 4 .n1ri&amp;t..&gt;nSt., Suite
~"'

ADDITIONAL
INFORMATION

ano tne manner

of its service see Rulo 17(d).

Feoerat

4"'

I\., ~ f'I" ~ r.o

~!)

As to wno may serve a suoooena
ProceOur'E:.

Rules of Ct1m1na1 Proceoure,

o• Rule i.s:cl.

:2'

"Fees ano mue.age neeo not oe tenoereo to tna dooonent uoon service oi a suoooona 1ssuea on oenatf of tne Un!teC' States or an aff1:::e: r,r agency tnereo·
(Ru1e 4~(CJ. Feoera1 Ru1es of Clv11 Procedure:
Ru1e l 7(d). Feoeral RuIes of Criminal
Proceoure)
or an oe11aIf or certain inoI9ent oarues an'J cr:mIna·
oerenoan:s wno are unao1c lO oay sucn costs (28 USC 1625, Rule 17(0) Feoera1 A.u1es ot Crrm1naI Procoauresl''.

.......

FeoeraI

..

&gt;

RuIes ot Civil

�AO 9'J IAev. 11/871 Deposition Subpoena

DISTRICT OF _M_A_S_S_A_C_H_U_S_E_T_T_S
________

----------------

HISPANIC

_

PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

DEPOSITION SUBPOENA

V.

GEORGE D. KOULOHERAS, ET AL
Defendants

87-1968-K

CASE NUMBER:

TYPE OF CASE

SUBPOENA FOR

O CRIMINAL

Xl CIVIL

i8i PERSON

CXDOCUMENT(S) or OBJECT(S)

TO:

Janice
L. Adie
Lowell
Public
Schools
Department
of Special
Marci Murphy Special
57 Tenth Street
Lowell,
Massachusetts

Education
Ed Center
01850

YOU ARE HEREBYCOMMANDED to appearat the place,date, and time specifiedbelow to testifyat the takingof a
depositionin the abovecase.
PLACE

Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
Massachusetts
(617) 227-5020

DATE AND TIME

9:00 A.M ..
Friday ::-Jurre
02109

,

YOU AREALSO COMMANDED to bringwith you the followingdocument(s)or object(s):*

Please

see

attached

Schedule

··'

A.

□ Please see additional information on reverse

Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30(bX6),Federal Rules of Civil Proce•
dure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and setting forth, for each person designated, the matters on which he will testify or produce documents or things. The persons so designated shall testify as to matters known or reasonably available to the organization .
•

DATE

0
QUESTIONSMAY BE ADDRESSEDTO:

This subpo

•

gr] Plainti
IQ
'!I not aopticable. emer "none"

"

•

S1~

Thayer
Fremont-Smith
Choate,
Hall &amp; Stewart
Exchange
Place,
53 State
Boston,
MA 02109

Afr~~Vs

Nfrk?AoiiR9J

QND PHONENUMBER

Street

�•
AO 90 I Rev. 11/871 Oepositio'f'I Subpoena

RETURN OF SERVICE (1 I
RECEIVED
BY SERVER

DATE

PLACE

DATE

PLACE

SERVED
SERVED

ON (NAME)

FEES TENDERED

OYES
SERVED

BY

ONO

AMOUNT$

TITLE

STATEMENT Or Sc.RVICE rEES
TRAVEL

SERVICES

TOTAL

DECLARATION OF SERVER(21

I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on
Date

Signature of Sarver

Addrass of Sarver

ADDITIONAL

INFORMATION

As to who may serve a subpoena and the manner of Its service see Rule l 7(d), Federal Rules of Criminal Procedure, or Rule 45(c). Federal Rules of Civil
Procedurij.
(2) "Fees and mileage need not be tenaered to the deponent upon service of a subpoena Issued on behalf of the United States or an officer or agency thereof
(Rule 45(c), Federal RuIes of Civil Procedure; Rule l 7(d), Federal Rules of Criminal Procedure) or on behalf of certain indigent pan,~s and criminal
aetenaan,ts who are unable to l'\•Y such costs (28 USC 1825, Rule l 7(b) Federal Rules of Criminal Procedures)".
r

(1)

�'

AO 90 •Rev. 11/871 Deoos1tion Suoooena

RETURN OF SERVICE o &gt;
RECEIVED
BY Sl::RVE!1

DATE

PLACE

DATE

SERVED

PL.ACE

, - ..

i

:=~o:,;FICE
· 4?S

_;r,gtooSt., Suite....,

Bos~on,MA 02108

EDUCATION
JANifowrctDAfB.BfcTsBr-focrLC?ECIAL
gq : DPI F.TOi\J _S__T. rnwF T L MA

MAY3,1989

,)N (NAME)

BY GIVING IN HANDTO
MR. HENRYJ.MROZ,SUPERINTEND
ENT OF SCHOOLS,
AUTHORIZED
AGENT
SERVED

d,

~94

MAY 3,1989

SERVED

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BY

FEES TE.'4DERED

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46.00

AMOUNTS

ONO

TITLE

WILLIAMG.JOYCE
..____

CONSTABLE,CITYOF BOSTON

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STATEM:;NT OF ScriVICE FEES
TRr

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SERv::

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$60.00

$60.00
DECLARATION

OF SERVER(2l

I

declare under penalty of perjury under the laws of t:'.e United States of America that the foregoing
information contained in the Return of Service and Statement of Service. Fees is true and correct.
Executed on

A/4&amp;

MAY3,1989
s;,o,rumofS.~,dUlduwz

Date

''!' LIAM G. JOYCE
.~,...~.,
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Addres$ of Server
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ADDITIONAL.

INFORMATION

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As to wno rnay serve a suoooena
Proceoute,

:2:

"Fees .lnc :n11ea9e neeo not oe tanoereo to tne aeponent
upon service oi a suopoena rssL.e-: Jn 0ena1f c· :-e Unltec States or an officer:
r a9e.ncy tnereo·
r Ru1e 45(c). Feoera1 r&lt;u1es of Clvi1 Proceoure:
Ru1e l 7(dl. Feoerat R.u1es of Cr1mrna1 Pro:~·.:uro) or on oe-a:f of certa•n lno19ent oar!1es an"l crim,,-1a:
"
aetenaan:s wno are una01c to oay~ sui:n costs (28 USC 1825. Rule 17(0) Feae,a1 ~u•es o" _: 'TI1na1 Procec:aes)

...

ano tne manner

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service see Ru1e 17{d).

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Boston, ~ • !'°1"l OIJ

Feoera1 ;:h. ,s of Cr1m1na• =&gt;"'oceoure. o· Ru1e '-S{c),

.

Feoeral

Rules of Civ;!

I

�,

F!Lt-D
UNITED STATES DISTRICT
DISTRICT

COURT

,.. 1,~f,:goV

OF MASSACHUSETTS

'

1..-

I

I '

I

)

HISPANIC PARENTS ADVISORY
COUNCIL, ET AL.

)
)
)

Plaintiffs

)

CIVIL ACTION NO. 87-1968-/

)

vs.

)
)

GEORGE D. KOULOHERAS, ET AL.

)
)

Defendants.
_______________

)
)

PLAINTIFFS'
MOTION FOR LEAVE TO FILE A RESPONSE
TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S
MOTION
FOR AN AWARDOF ATTORNEYS' FEES AND COSTS
Pursuant
request

to

Opposition

Attorney's

Fees

any decision

motion

Council

segregation
Schools

of

English

to

to

Plaintiffs'

1987,

the

provide

proficiency.

response

to

for

an Award

plaintiffs

request

of
that

until

In support

of

after

this

follows:
plaintiffs,

Fourteenth

case

students
Amendment
alleged

resources

Plaintiffs

Lowell
this

further

adequate

in

be postponed

brief.

minority

Plaintiffs

hereby

brief

Motion

initiated

bilingual

plaintiffs

a reply

motion
reply

as

al,

the

In addition,

the

of
et

violated

Constitution.

submit

state

In July

Advisory

to

plaintiffs'

submit

plaintiffs
1.

17(a)(4)

and Costs.

on the

plaintiffs

failed

Rule

an opportunity

defendants'

the

Local

to

sought

Hispanic

Parents

alleging
in
of

the
the

that
students
relief

that

the

Lowell

Public

U.S.
the
of

defendants
limited

pursuant

to

Title

JI

�VI of the

Civil

Opportunity
2.
order

Rights

On October

educational

defendants

of the

schools

to
filed

Defendants

plaintiffs

were

because

not

"prevailing

suit,

have occurred
Defendants'

in that

have

public

at

submitted

school

by the

of the
consent

initiation

decree

Plaintiffs

In order

to prove

significant
students,

These

were

changes
plaintiffs

the

to an award of
by the

planned

of this
to

and would

H. Rurack,

statements

suggest

Compliance
in effect

contention,

statements

Todeusz

already

that

Plan

the

of

Janice

L.

that

many

put

in place

or planned

before

suit.
dispute

that

argue

on

action."

unsworn

Voluntary

of plaintiffs'

5.

In support

officials,

revised

plaintiffs'

certain

Adie and Anne O'Donnel.
elements

2.

motion

was unaffected

of the

and

1989.

entitled

were]

to

equal

Fees

to this

parties"

[any changes

irrespective
Opposition

Attorney's

defendants

behavior

action

students.

§1988 on March 23,

opposition,

a consent

and provide

minority
for

into

specific

in Lowell

an opposition

''defendants'

plaintiffs'

defendants

Educational

entered

to take

a Motion

filed

In their

parties

linguistic

to 42 U.S.C.

6, 1989.

Lowell

the

Plaintiffs

4.

fees

1988 the

opportunity

pursuant

April

28,

required

remedy segregation

3.

Equal

Act of 1974.

which

Costs

Act of 1964 and the

the

in the
need

the

accuracy

consent
treatment

decree

has

statements.

brought

of linguistic

an opportunity

-2-

of these

to conduct

about

minority
further

�,.

•

discovery.
the
to

Specifically,

Lowell
the

public

school

defendants'
6.

important
defendants'

officials

intend
whose

to depose

statements

some of
are

attached

opposition.

In addition,
factual

plaintiffs

and

plaintiffs
legal

seek

to

misstatements

correct

other

contained

in

the

Opposition.

LOWELL HISPANIC PARENTS ADVISORY
COUNCIL ET AL.
By their

attorneys,

0

.

Thayer
Fremont-Smith
Nicholas
J. Nesgos
Choate,
Hall &amp; Stewart
Exchange
Place
53 State
Street
Boston,
MA 02109
(617) 227-5020

0773n

-3-

�•

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

fi.r.~
1•
HISPANIC PARENTS ADVISORY COUNCIL, ET AL
Plaintiffs

)
)
)
)
)
)
)

vs.
GEORGE D. KOULOHERAS, ET AL
Defendants

/✓

CIVIL ACTION NO. 87-1968-/

DEFENDANT.,__QTYOF LOWEL!t..:.s.
MEMORANDUM
IN OPPOSITION
TO PLAINTIFFS' MOTIQN FOR AN
AWARDOF ATTORNEYS' FEES AND COSTS

I

The

plaintiffs

"prevailing

party"

attorneys
terms
to

fees

of

achieved
determining

claim,

the

on the

level

Where

not

and

action,

42 U.S.C.,

should
and

v.
to

a party

"prevailed."

may be

justified

in

achieved.

,lg.

between
Ouachita

its

suit
Parish

in

and
School

Bd,

in

to

an

its

the

change

must

,\

level
be

the

must

(5th

by
Cir.

of

461

only
of

by the

success

considered

Eckhart,

behavior

F.2d 1148

of

may be entitled

plaintiff
in

award

favor
the

award

a

succeeds

(1980),

v.

been

which

prosecuting

the

749

entitled

goals

reducing

the

have

in

Hensley

case,

to

a party

122

succeeds

its

considered

not

While

plaintiffs'

plaintiff

success

are

448 U.S.

the

of success

be

litigation

Gagne,
the

not

thus

s.1988.

terminating

Maher

demonstrate

v.

this

comparison

court

connection

can

Decree

whether

(1983).

Hennigan

under

fees,
in

To

in

a Consent

attorneys

436

here

in

U.S.

part

424,

of

its

fees

depending

show

a

the

causal

defendants.
1985).

There

�•

•

,

must

be

a relationship

for

the

defendants'

unaffected

by the

have

occurred

In
was

this

case,

the
to

defendants

in

agreement

were

Plan,

is

a

strong

under

policy.

Ann O'Donnell,

nine

had

addition,

eleven

were
1).

similarly

14,
policy.

(See

adopted
tasks

already

part

Dr.

Janice

Exhibit

L.

that

Education

already

in

many
were
2).

Bilingual

covered

under

by the

School

the

of

Department

of
prior

Tadeusz

Acting

the

tasks
to

Special
to

be

Chapter

the
and

Compliance
and

tasks

Department

Supervisor,

reported

jurisdiction,
(See

at

Exhibit

pursuant

policy

and

Education

of

least

1).
to

In
those

program.

(See

Administrator,

implemented
part

into

School

implemented

litigation

H. Rurak,

of

the

plaintiffs'

objectives

Department.
be

the

Lowell

area

to

Adie,

the

to

Department

Voluntary

Education

scheduled
School

the

is

fact

policies

School

before

in

in

incorporated

Department's

of

fees

(1987).

acceptable

under

place

435

It

the

would

Raceways,

The decree

elements

many

of

International

rendered

that

an award

was

was

and

Decree.

of

implemented

planned

808 F.2d

School

services
be

then

factor

behavior

was

y.

reports

to

Transitional

the

reported

Special

were

objectives

of

Lowell

indication

Plan

been

most

objectives
Exhibit

the

already

the

to

change

defendants.
the

a motivating

defendants'

of Lamesa,

many of

school

planned

required

the

of

the

by Consent

and

According

those

there

of

part

the

Portland

City

settled

was

action,

of

because

comparing

and

that

was

that

plaintiffs'

v,

suit

If

in

plaintiffs

already

Administration

the

Sorola

though,

the

position.

Association

suit

programs.

lawsuit,

of

the

part,

that

suit,

760 (1987);

acceptable

planned

of

plaintiffs'

Citizen's

833 F.2d

indicates

change

irrespective

inappropriate.
~-,

which

under
School

l Director

objective
Department

indicated

that

�,

prior
to

to

the

lawsuit,

Chapter

1

expanded,
Exhibit

Services.

there

have

two

months

minority

Since

the

no

been

students

were

lawsuit,

while

major

changes

in

the

plaintiff•

s

provided

some

the

equal

services

programs

access

have

been

offered.

(See

3).

Nearly
Lowell

School

which

was

the

linguistic

to

Public

policy

and

suit.

It

characterize

be
this

the

meet

its

concerns

said

that

suit

in

plaintiffs

the

change

changes

Lowell

School

this

a

plan

education

case

for

initiated

were

Eckhart,

in

pressure

their

subsequent

Department
y.

the

adopted

to

occurred

Hersley

as successful.

had

response

in
which

litigation

bilingual

in

plaintiffs

the

of

Committee

substandard

this

the

initiation

School
over

Despite

alterations,

cannot
of

through

Schools.

program

prosecution

to

Department,

designed

Lowell

prior

to

the

sufficient

to

461 U.S.,

436.

II

Even
the

if

nature

directed

the

to

and

not

are

relief

redressing

deemed

obtained
their

claims

42 U.S.C.

s.1988

enforce

20 U.S.C.

~.,

section
20 U.S.C.

the

section

have

achieved

in

the

voluntary

against
permits

the
the

42

u.s.c.

~-,

and

42

1703(f),

there

provisions
1681

to

.e_t.

of

success

their

compliance

city
award

based
of

U.S.C.

suit,

plan

on

20

attorneys

sections

should

in

U.S.C.
fees

1981-1983,

section

in

1985,

2000(d),

be no award

was

.e_t.

of

attorneys

on

no

here.
In

than

of

Because

proceeding

fees

plaintiffs

to

s.1703(f).

1986,

the

their

nine

(9)

original
federal

complaint,
statutory

the
and

plaintiffs

regulatory

claimed
grounds.

relief
Those

grounds

fewer

include

�20 U.S.C.

section

2202,

42 U.S.C.

~-,

and Federal
However,

of

their

cause

City

to

effectively

tl,

1983,

and

s.

Rules

the

the

1703(f)

of

action

provide
in

Indeed,
attorneys

the

in

nature

of

English

proficiency."
fees

agreement

or

numerous

plaintiffs

the

While
successful

suits

brought

where

suit

The

decision

"concerned
form

of
with

in which

F.2d,
related
attorneys

627,

it

631

only
fees

to

p.

is
(1987).
their

should

of

the

precise

their

and
tl,

students

nature

action

because

the

was that

City

who

had

for

an

They

under
on

other
to

substance

of

secured

relief

in their

grounds

those

be made under

award

a prevailing

because

allegations

to

statutes

Ball

v.
the

based
42

the

failed
limited

School

in

the

limited
award

the

of

settlement
other

attorneys
in

42 U.S.C.

should

party's

action,

s.1988.

for

on any

Section

on 20 U.S.C.

u.s.c.

that

under

plaintiffs'

of

of

of

the

fees

in

complaint.

listed

District

is

students

awarding

fees

award

case

motion

claim

listed

an

Asian

not

the

make

presented."
Here,

do

predisposed
any of

in

of plaintiffs

plan

claims

motion

success
and

Support

2.

their

their

Hispanic

compliance

whether
the

100.1

1703(f)

of

that

in

frequently

succeeds

section

for

support

for

and regulatory
are

34 C.F.R.

The heart

section

claim

costs,

courts

the

in

relief

voluntary

statutory

2201

made clear

education

Memorandum

and

sections

57 and 65.

City.

20 U.S.C.

28 U.S.C.

language.

"substantive

attorneys

~-,

complaint

the

memorandum

the

.e_t..

their

bilingual

English

their

fees,

of

of

1708,

Procedure

against

was in violation

proficiency

2000(d)

of Civil

allegations

and

~-,

of

not

be

1988
rather
Grand

own claim
s.1703(f),

of

s.1988,
allowed.

should

be

than

the

Rapids,
success
no

award

835
is
of

�,.

III

An award
Defendant,

permit

have

the
such

(1979).

of

special

circumstance

In

case,

that

that

out

Congress

after

Decree .

..I..Q.

In the

the

the

case

be grossly

unfair.

the

point

where

were

not

at

there

start

bar,

are

fees,

that

attorneys

that

the

in

where

court

fees,
their

of

litigation,

The City
a

settlement

contemplated

by the

of

agreement
in

its

fees.
circumstances

litigation

the

the

fees

in

good

faith
the

negotiations

"would

settlement

agreement

that

the

addition,
award

was

the

entry

of

amount
with

the

lawsuit.
with

judgment.

an award

fee

the

365

unfair

In

I.g.

F. 2d,

manifestly

the
fact

appropriate.
608

such

be

which

before

said

before

ended

the

Clark,

that

permitted

in

knowing

Aho v.

would

noted

despite

negotiated

City

and

attorneys

without

otherwise

be unfair,

but

the

are

the

complaint.

which

because

special

in

compromise

unjust

attorneys

they

settled

The

be

settlement

mentioned

statute

award

would

limited

an award would

367.

fees

case

of substantial

parties

of

attorneys

this
to

was

the

I.g.,

contemplated

pointed

that

attorneys

consequences

requested

in

agreed

recognized

appellees."

never

Lowell,

in holding

the

fees

to make a claim

denial

The court,

the

of

intended

Courts

alter

attorneys

City

plaintiffs

One

of

plaintiffs
the

court

passed
the

requested
plaintiffs,
Attorneys'

the

to

plaintiffs,

by

Consent

would
to
fees
and

�were

not

made

attorneys'

part

fees

injustice

to

of

and

the

the

agreement.

$5,366.67

City.

To now grant

in

costs

The plaintiffs

to

at

the

motion

least

plaintiffs

should

therefore

$162,567.00

in

would

an

work

be denied.

IV

The

amount

excessive.

of

the

The plaintiffs'

Attorney

Perez-Bustillo,

hour

Attorney

for

for

The

by which

case.

been

set

In
by

made that
Boston

Rom's

a measure.

His

Committee
asserted

average
used

for

addition,
for

for

the

fee

Civil
that

for

certain

comparison
the
plaintiffs,

per

cases

attorneys
of

in

fees

are

for

Attorney

far

in

excess

should

Attorneys

cited

fees

make

civil

attorneys

hourly

hour

and therefore

the

order

or Lowell

seek

The amounts

area,

hourly

Attorney

is

the

court

the

attorneys

Rice.

in the

fees

requested

$175.00

attorneys

this

the

plaintiffs

and

$150.00

per

hour

for

$190.00

average

hourly

should

not

Perez-Bustillo,

in

line

be
the

There

are

clearly

per
rates

be used.

litigation.

and requested

is

Rom and
of

comparison

Rice

rights

not

of

fees

is

with

used

for

level

has

no allegation
the

average

for

areas.
claim
is

for

$175.00

established

Rights
the

Under

firms,

purposes,

hourly

rate
is

Law of

there

excessive

$50. 00

the

no

as well.

some

indication

for

not
of

be used
the

Bar Association.

bears

geographic

requested

should
Committee

Boston

amount

is

even

similarly

Steering

the

hourly

nor
of

hour

by the

requested

law

per

as
area
Mary

Lawyer's
While

it

to

the

relation

to

what

firms

of

these

firms.

Marcelino,

as

were

Paralegal

In

�.

&gt;

CITY OF LOWELL

By~~-~
Thomas E. Sweeney
City Solicitor
Law Dept.,
City Hall
375 Merrimack
Street
Lowell,
MA 01852
Tel:
(508) 454-8821,

1256A

x.259

�LOWELLPUBLIC SCHOOLS
TRANSITIONAL
8fLJNGltAL
FQUCATDNPRQGRAM

LowelHigh SchoolRoom 020
.'

50 FffHICh StnHlt&amp;1ension

Lowtill,~ciutts

01852 .

February

Ann O'Donnell
Supervisor

...
• . Tel. (508) 937-7692

6, 1989

George Tsapatsaris,
Project Director
Lowell.Public
Schools
89 Appleton Street
Lowell, Massachusetts
01852
Re:

Analysis

of Revised

Voluntary

Compliance Plan

Dear George:
In accordance with your request,
I have reviewed the Revised Voluntary
Compliance Plan, approved by the Lowell School Committee November 9,
1988, and am submitting
the attached Report.
My comments relative
to each objective
and task reflect
whether these
procedures,
initiatives,
responsibilities
were in effect prior to the
revisions
made by the Plaintiffs'
Attorneys or whether they are New.
In elaborating
somewhat, I felt
clearer perspective
of policies
to the law suit.

City Solicitor
and procedures

Sweeney would gain a
which were in place prior

I am also enclosing
for Mr. Sweeney, a set of the various Forms which I
made available
to the METAAttorneys during our meetings with them.
Objectives
Childhood
responded
Please

relating
to Special Education,
Chapter I, Bilingual
Early
Education,
Vocational
Education,
and Discipline
are being
to by directors
of these programs.

inform me if further

assistance

is needed.

Sincerely,

~

Ann O'Donnell,
Supervisor
Transitional
Bilingual
Education
Attachments
cc:

City

Solicitor

Sweeney

�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATIONPROGRAM
ANALYSISOF REVISED VOLUNTARY
COMPLIANCE
PLAN
Submitted

to George Tsapatsaris

Objective
Task
Object

Comment •
1

Task 1.1
Object

by Ann O'Donnell

2

*Same.
Assignment through
by School District

PIC with centralized
(Desegregation
Plan)

enrollment
New.

established

*Same.

Task 2.1

Project
Director
having direct
line
and Staff is new only to the extent
(Previously
served in that capacity
in most instances).

Task 2.2

Project
Mayor's

Task 2.3

Establishment
of Mayor's Bilingual
Education Sub-committee
Xew.
Minimal changes in expansion of Master PAC as these individuals/
City Wide PAC were invited
to participate
previously.
The
Master PAC meetings are held usually seven or eight times during
school year and once or twice during summer, as needed.
Sub PACs
and Master PAC were established
since 1972 and maintained
continuously
since then by TBE Program Supervisor.
All meetings
have been open meetings and guests and speakers on the Agendas.

Task 2.4

Mayor's Sub-committee's
responsibilities
to dispute resolution
has been in place.

Task 2.5

This reponsibility
previously
implied.
As a result
of Leadership
Academy meetings,
a Sub-committee was established
to explore Staff
Development and lnservice
Training issues - Report with recommendations submitted to School Committee - release
days designated
implemented - Deputy Superintendent
in charge.
This was a School Department initiative.

Task 2.6

Most of the data requested
is compiled and reported
in different
reports
by the TBE Supervisor.
The TBE Program Supervisor
reports
the following
data in the
"Bilingual
Questionnaire"
submitted annually to State Department
of Education:

Director
Bilingual

a, d, e, g (never

authority
over TBE Supervisor
of being formally designated.
as Superintendent's
designee

serving as Superintendent's
representative
Education Sub-committee New.

completed),

i,

k.

are New.

Policy

to

relative

�(b). Data regarding
annual assessment
of English language
skills
is submitted to Bureau of Transitional
Bilingual
Education Program annually.
All of the information
requested
in "(b)" is recorded on each student in TBE by teachers
on
An Assessment Record Form devised by TBE Supervisor.
Pre and
Post test scores and dates for English proficiency
(Aural,Oral)
Reading, Writing,
Math, and Native Language Literacy
are recorded.
One copy is retained
in TBE Office files
and the other retained
by teacher.
Some of the assessment
data is recorded on the Bilingual
Pupil
Study Team Report form which must be completed for each student
being considered
for mainstreaming
(exiting)
from the TBE Program.
(c).
A new form was devised by TBE Supervisor
last Spring to
record the absentee rate on each student in Kindergarten
through
Eighth Grade.
(e). Promotion lists
within TBE as well as Retainees
in Sarne
Grade in TBE forms are completed annually on all students
K-8
and filed in TBE Office.
(f). This data is compiled
mainstream)
by High School
Department.
(g). A greater
effort
High School/Guidance.

for all High School students
(TBE and
Head Master, Guidance and Data Processing

must be initiated/followed

through

by

(h). Responsibility
of LAU Assessment Specialist.
In our
Original
and 1980 Revised LAU Plan, the LAU Coordinator
had
this reponsibility.
(Position
and title
changed).
(i). Lists
the year.
(j).

Special

maintained

by TBE Supervisor

Education's

and updated

throughout

responsibility.

(k). Also submitted to TBE Bureau in Bilingual
Program Plans
which now are submitted every three years.
(Previously,
annually).
Program Plans are submitted,
reviewP.rl and must be approved by
Master PAC for TBE Program.
Please

Note:

All of this information
is included in the Revised Plan (approved
11/9/88 by School Committee) because during almost weekly meetings
from July 87 to Feb 88 attended by Project Director
and TBE
Supervisor
with the Plaintiffs
and their ~ttorneys,
collection
and reporting
of student data was discussed.
The TBE Supervisor
provided copies of all of the Program's Reporting Forms.

Object

3

(1) (2) (3) These were Lowell Public
to the Law Suit.

- 2 -

School initiatives

prior

�* Same.

Task 3.1
Task 3.2

Has done so in the past - Two Way and New programs must have
school based planning and development with input/support
of
TBE Supervisor.

Task 3.3

The Master PAC has always been advised/consulted
regarding
development of new programs and continuation
of established
ones.

Task 3.4
Task 3.5

This introduction
of various approaches
in developing
literacy,
(including
whole language approach),"have
been, and continue
to
be, introduced
and maintained
in the TBE Department - The Program
Supervisor
has brought in numerous consultants
to inservice
Staff in these approaches,
as well as providing
opportunities
to attend conferences,
workshops, and visit
other school districts.
The establishment
of the Linguistic
Minority Center currently
entitled
the Urban Education Center, was the results
of the efforts
of Gretal Clark, George Tsapatsaris,
and the TBE Program Supervisors
from Lowell and Lawrence - securing 636 funding.
While the Center
staff initially
trained/coached
Bilingual
Program Staffs in these
two school districts,
they currently
service many standard
classroom teachers
in several
schools.
Preservice
and continuing
inservice
will be provided to new programs just as inservice
is
maintained
in the TBE Program.
School Department initiative.

Task 3.6

TBE Program class
thus, are smaller

Task 3.7

sizes must conform to Chapter
than standard
class sizes.

71A mandates

and

Assessment of Program needs has been the responsiblity
of the
TBE Program Supervisor
who articulates
these needs to the
Superintendent
and Project Director.
It is the Superintendent's
responsibility
to convey these needs to the School ColllI:littee.
Task 3.8

* Same.

Task 3.9

The assessment of housing/staffing
needs for the next academic
year are usually begun in early Spring.
They are continuously
reassessed
throughout
the school year and during the Summer
because of the continuing
enrollment.

Task 3.10

These procedures

Task 3.11

The School Department continues
exploring
new avenues
initiating
and expanding work-study,
college-oriented,
development programs.

Task 3.12

This has been in place

Object

4

Task 4.1

were initiated/developed

*Same.
*Same.
-

3 -

for

some time.

by the School Department.
for
language

�--

Task 4.2

Support Staff
the exception

•.• --------------------

listed
were in place
of the following:

prior

to the Law Suit

Khmer Component Facilitator
(Posted)
Parent Advisor Council Coordinator
(Re-posted
no qualified
applicant)
Task 4.3

* Same.

Task 4.4

*Same.

Task 4.5

several

with

times

-

In place.

A native speaker who represents
the parents/community
and who
assesses
the native language proficiency
of the applicant,
serves on the Personnel
Interview Team for all administrative,
teaching,
and liaison
positions
in the TBE Program.
In most
instances,
Instructional
Aide applicants
are interviewed
by the
Deputy Superintendent
and then approved by the School Principal.
Change.
This section
calls for representatives
from the
Master PAC to serve on the Personnel Selection
Advisory Committee
to interview
school-based
administrative
position
applicants
(schools with TBE classes)
as well as for Central Administration
positions
effecting
all studnets.
Two parent representatives
will be named by the Master PAC to the P.S.A.C. when interviewing
for Bilingual
Program administrator
positions.

Object

5

Task 5.1

* Same.
Drop NTE for Bilingual
teachers
Bilingual
long-term
substitutes

/New.
status

has been in place.

Task 5.2

This is usually

the case.

Task 5.3

This is usually

the case.

Task 5.4

The TBE Program Supervisor

Task 5.5

While the Master PAC and community organizations
have given
input into recruitment
procedures
for linguistic
minority
personnel,
it appears through this task that more direct
input
is requested.

Task 5.6

This procedure
though.

Task 5.7

This takes place annually - Staff meetings,
staffing
and training
needs assessments
are conducted throughout
the school year - not
always through Questionnaires.
For Title VII Evaluation,
K-8
teachers
completed Staff Development Questionnaires
(Inservice
and Conferences)
arid Parents evaluated
Liaisons
and PAC meetings/
workshops' effectiveness.

Task 5.8

Program plans and budgetary
not always by February 1st.

serves

has been in place

- 4 -

on the interview

- not necessarily

requests

are reviewed

team.

by February

with Master

1st,

PAC,

�••

For years, the TBE Program Supervisor
has received
commendations
from the State Supervisor
from the Northeast
Regional Education
Center in her Annual TBE Program Review Report for continued
outstanding
pre and inservice
training
provided the TBE staff.

Task 5.9

Collaboration
between Lowell's
TBE Program and University
of
Lowell and Center for Field Services and Studies has been in
effect
for years.
A Masters ESL Program; a Masters in Bilingual
Education;
an
Undergraduate
course program for Southeast Asians teachers;
a Masters Program leading to ESL certification
for Grandfathered
teaching;
inservice
training
for Instructional
Aides are only
some of the programs initiated.
Inservice
training
has been provided by staff from: (l)The Multifunctional
Education Resource Center, Providence,
R.I.;
(2) The
National Origin Desegregation Center at Columbia University;
(3) Notre Dame College in Manchester,
New Hampshire; (4) Boston
University
school of Education as well as the Division of
Social Services;
(5) University
of Massachusetts,
Amherst.
There are presently
several
in the internship
program.
Lowell's
students
Vermont.

teachers

TBE Program has also
from the Internation

in the TBE Porgram participating

been a selected
internship
site for
School of Training in Brattleboro,

Task 5.10

The itemized topics/areas
are being
inservice
and course offerings.

Task 5.11

This is in place.

Task 5.12

While this is our objective,
it may take a longer period of
time for the Southeast Asian teachers
to attain
certification.

Task 5.13

This is occurring

Task 5.14

The Deputy Superintendent
is assisted
Leadership
Academy Agendas.

Object

6

Task 6.1

addressed

- a School Department

through

our

initiative.
in this

effort

by the

*Sarne.
*Sarne - in place.

Task 6.2

Although all notices
have been provided to parents of TBE Program
students
in native as well as English languages for years,
there
is a more concerted
effort
for notices
in two languages to be
provided for mainstream minorities.

Task 6.3

Translations

Object

This is now being

7

are provided

when requests

implemented.

- 5 -

are submitted

in advance.

�Task 7. l

Being implemented.

Task 7.2

Equal access to computed assisted
effected
since the 1987-88 school

Object

In place

8

Task 8.1

In effect

now as a result

*

Object

* Same - has been in place
We are in compliance

Task 9.2

In place

*

Task 9.4

Task 9.6

* Same.

Task 10.2

*

Task 10.5

Task 10.6

year.

(New)

of the Desegregation

Plan.

* Same.
* Same.

Task 10.4

the acceptance

this

Same.

Task 10.1

Task 10.3

far

Time frame is new.

*

10

since

thus

for years.

Same.

Task 9.5

Object

of the Law suit.

Same - School Committee approval has always been required
for
TBE classes
to be assigned
to a particular
school; however,
not required
for designated
location
within the school.

Task 9. 1

Task 9.3

has been

now.

Task 8.2

9

instruction
year.

This criteria
was taken from the bilingual
Pupil Study Team
Report Forms which have been used for the past eight or nine years.
The TBE Supervisor
provided a copy of the Form to the Plantiffs'
Attorneys prior to their revision
of this Compliance Plan.

Same. I have kept the Superintendent
and Project
with this data for the past several years.
Procedure
Policy.

adopted

as a result

of the Voluntary

Director

informed

Desegregation

Plan

* Same.
Parental
participation
has always been a requirement
in
mainstreaming
procedures
(Bilingual
Pupil Study Team).
parents cannot attend meetings,
they are notified
of the
in writing.
Lateral mainstreaming
only became an issue as the result
procedures
followed in one school last year.

the
When
results
of

Monitoring of exited students
by the LAU Assessment Specialist
has been in place since the LAU Compliance Plan was developed
in 19 77.

- 6 -

�• -- --·

·-·---------------------

Task 10.7

Procedures for integration
into the academics have been in
place, but scheduling
for integration,
particularly
at the_
Junio.r High level,
is difficult
and needs creative
solutions.

Object

This has not been addressed

11

Task 11. 1

Culturally

Task 11.2

To be initiated.

Task 11.3

In place.

Task 11.4

To continue.

Task 11.S

Implemented by School Department
during Leadership Academy.

Task 11.6

New.

Task 11.7

New.

Task 11.8

New.

*These objectives
of the Voluntary

appropriate

adequately

alternative

and tasks were being implemented
Compliance Plan by the Plaintiffs'

- 7 -

in the past.

programs must be developed.

as a result

of planning

prior to the revision
Attorneys.

�NUMBER
OF YEARSENROLLED
IN LOWELL'STRANSITIONAL
BILINGUALEDUCATION
PROGRAM
CRITERIA: First year (excluding Kdg.) - two semesters of 90 days each with no more than 10 absences per semester.
Second year - four semesters of 90 days
each with no more than 10 days absent per semester.
Third year - six semesters of 90 days each with no more than 10 days aosent each semester ••
A completeSpring
semester followed byacomplete
Fall semester are considered consecutive.
DIRECTIONS:Please record the number of days enrolled per year and the number of days absent each Report Card period for each studt.nt from the date of
enrollment .in Lowell's TBE Program. Please use two lines if a student has been enrolled longer than five years.
Retu;:n the completed form
to the TBE mail box at Central Administration
by Thursday, June 23, 1988. Thank you. (TBE Office will compute Years Enrolled in Lowell's
TBE Program.)
TE, CHER(S):
NATIONAL
IT :
G&amp;DE:SCHOOL
Date
Yrs.
1983/!.984
1984/1985
1985/1986
1986/1987
Enrol'd
1987/1988
En,Days
Absences
Absences
1
Abser.ices
Days
Days
Days
Lowell
Days
A,bse~ces 1
I
I
1
1
fbs:dnce:~
roll
ITRIO
Enrol, 1st '2nd 3rd 14th Enro1... 1st; 2n 3r 4th Enrol, ls ; ~ 2nd I 3rd I 4th Enrol, 1st 2nd 3rd 14th E;nrol. 1st 21;d jrd 4th
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�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATION
PROGRAM
TITLE VII PROJECTLOWELL

Page.l

TESTING RECORD
SCHOOL
-----------

TEACHER

..

------------

--

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MATH
GINN
GINN
Glt-N
GL•lN
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WORDIDENTIFICATION VOCABULARY
DEVELOP. READINGCOMP.·lEHENSlON ECOIHNG-LANG.
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POST·
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DATE LEV. DATELEVELDATE~EVEDATE 1..EVEL
DATE ~EVEL DATE,-EVELDATE,,EVE DATE LEVELDATE LEV

..,.. ·-···---

----··-·

1987-1988 GRADE.
_____

!PT VERBALFLUENCY

-----

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·--···-·

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�LOWELL
PUBLICSCHOOLS
TRANSITIONAL
BILINGUALEDUCATION
PROGRAM

-

..

TESTINGRECORDPage 2

TITLE VII PROJECTLOWELL 1987-1988

SCHOOL
ENGLISHWRITING
W_riting Skills Rating Scales
Pre
DATE RATING

STUDENT

Post
DATE RATING

GRADE

NATIVELAi'lGUAGE
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Spanish
Portuguese

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Vietnamese

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STUDENTSRECOMMENDEDFORSTANDARDCURRICULUM
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_____________

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---------------------(Bilingual)

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STUDENTS PROMOTED IN BILINGUAL FOR 1988-1989
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LOWELLPUBLIC SCHOOLS

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DEPARTMENT
OF SPECIALEDUCATION

i

Marci MurphySpecial Ed Center
57 TenthStreet

)&gt;

21
I

_-; I

. -

Lowell,Massachusetts01850

,.

Tel:
Date:
INTER-OFFICE

To:

George

From:

Dr.

Subject:

Voluntary

Tsapatsaris,

Janice

(508) 937-7685
23 Jan 89

MEMORANDUM

Project

L. Adie,

Acting

Compliance

Plan

Director
SPED Administrator

The following
is in response
to your verbal
request
of 18 Jan
89 for inform~tion
on prior
SPED processes,
procedures
and services
with regard
to linguistic
minority
students.
The responses
are
organized
accor&lt;ling
to the tasks
delineated
under the special
education
section
of the Voluntary
Compliance
Plan.
TASK 14.1.

All psychological
testing
in Spanish
and Portuguese
currently
is,
and previously
was, conducted
by bilingual
persons.
All psychological
testing
in the Southeast
AsiaJ
languages
currently
is and previously
was
conducted
by a Thai psychologist
who is proficient
in
the cultural
background
of the Southeast
Asian
students.
Though DOE allows
the use of monolingual
psychologists
with interpreters,
the Lowell
SPED
Department
has always
attempted
to provide
testing
by
bilingual,
appropriately
certified
psychologists.

TASK 14.2.

Caseloads
for bilingual
psychologists
those
of monolingual
psychologists.
have high caseloads.

TASK 14.3.

Special
Education
evaluations
often
exceed
the thirty
(30) day time limit
for majority
and minority
students.
A Task Force
is addressing
this
issue.
Parental
consent
currently
is,
and previously
was, sent home in the
primary
language
within
five
(5) days of referral.
A
written
request
by a parent
for SPED services
does
initiate
a SPED evaluation,
and the parent
is sent a
consent
form within
five
(5) days.

TASK 14.4.

Bilingual
personnel
working
with linguistic
minority
students
have always
been invited
to participate
in the
TEAM process.
For students
enrolled
in monolingual
classes
where the home language
is other
than English,
bilingual
personnel
are not usually
involved
in the TEAM
process
unless
TEAM members feel
it necessary
or unless
bilingual
personnel
request
involvement.

have not exceeded
All psychologists

�-2\

TASK 14.5.

The Lowell
Special
Education
Department
has one half
time
Spanish
(20 hours/week),
and one half
time
Cambodian
(15 hours/week)
community
liaison
interpreters.

TASK 14.6.

The Lowell
School
Department
has employed
sufficient
bilingual
special
education
teachers.
Classes
for Khmer
speaking
students
have been taught
by monolingual
teachers
with
Khmer speaking
aides.
The Portuguese
class
has been taught
by a monolingual
SPED teacher
with
a Portuguese
speaking
aide
and classes
in Spanish
have
been taught
by bilingual
SPED teachers.
For the past
two (2) years
the K-2 spanish
bilingual
class
did not
have a bilingual
teacher.
This
was remedied
this
year.

TASK 14.7.

The SPED Department
speech
pathologists.
sufficient
monolinugal

TASK 14.8.

Students
of LEP who are vision
impaired,
or require
adaptive
by monolingual
staff.

TASK 14.9.

Last
year
linguistic

TASK 14.10.

Attempts
minority
language

•

there
was
minority
have always
students
of
barrier
.

has not had any bilingual
We also
have been unable
speech
pathologists.
impaired,
P.E.,
OT,

a disproportionate
students
in 502.4

hearing
PT are

certified
to locate

serviced

number
of
prototypes.

been made to ensure
that
LEP are
not misclassified

linguistic
due to

a

�LOWELLPUBLICSCHOOLS
89 APPLETON STREET

LOWELL,MA 01852
Tel. 937-7621
937-7622
937-7623

TADEUSZH. RURAK
CHAPTER I DIRECTOR

TO:

Henry J. Mroz, Superintendent of Schools

FROM:

Tadeusz H. Rurak, Chapter 1 Director

.SUBJECT:

Civil Rights Complaint Regarding Chapter 1

DATE:

January 23, 1989

Y.

)le;:;:?

Prior to the Civil Rights complaint, Linguistic minority students were provided equal
access to Chapter 1 Services. Through uniform criteria, children were selected for
participation on the basis of educational deprivation, not on the basis of English
speaking proficiency alone. The referral/selection process ranked students according to
greatest need. A system-wide rank order eligibility list identified students in greatest need.
These instructional services were provided in the English language.
The Chapter 1 Director, the Project Director and the Bilingual Director met regularly
to address the needs of the Bilingual Department, and to address the remedial services for the
linguistic minority students.
The State Department of Education participated in the coordination of efforts between
Bilingual, Special Education and Chapter 1 programs, and in the monitoring of remedial
services for the Linguistic Minority Student.

Since the complaint, this year Chapter 1 instructional services have been
provided in the native language at the following sites:
Spanish Remedial Reading at the Pawtucketville Memorial School and Khmer Remedial
Mathematics at Lowell High School.

Two full-time Chapter 1 Parent Liaisons: one Native speaking Khmer and
one Native Speaking Hispanic have also been added to the program.

�•
UNITED STATES DISTRICT

•

DISTRICT

COURT

OF MASSACHUSETTS
Civil

•

LOWELL HISPANIC PARENTS
ADVISORY COUNCIL, et al.,
Plaintiffs

)
)
)

vs.

PLAINTIFF'S
AFFIDAVITS AND
EXHIBITS IN SUPPORT OF MOTION
FOR COSTS AND ATTORNEY FEES

)
)

GEORGE KOULOHERAS, et
Defendants

al.,

)
)

_______________

•

The following

)

Exhibits
Motion

•
•
•
•

87-1968H

)

)

•

No.

are
for

1.

Affidavit

2.

Time Record

3.

Affidavit

4.

Time

5.

Affidavit

6.

Time

7.

Affidavit

8.

Time

9.

META expenses.

of Roger
of
of

Newspaper

J.

of

Plaintiffs'

Fees:

Rom

L. Rice

Roger

L. Rice.

Camilo-Perez

of

support

Rom

Bustillo

of Camilo-Perez

record

11.

in

and Attorneys

J.

of Alan

record

Consent

Costs

of Alan

records

10 .

submitted
/

Bustillo

Nury Marcelino
of

Nury Marcelino.

Order.
Exhibits.

0552n

•

I HEREBY
CERTIFY
THAT
A TRUE
COPY
OF
THEABOVEDOCUMENT
WASSERVED
UPONTHEATTORNEY
OFRECORD
FOR
EACHOTHER
PARTY
BYMAIUH,AiHEJ
ON:
l.)-Z-'1 /

•

.,

..,ft,
r F:~i~

�•

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

•

HISPANIC PARENTS ADVISORY COUNCIL, ET AL. :
Plai11tiffs
:

•

.
.

vs .

•

GEORGED. KOULOHERAS, ET AL.
Defendants

•

AFFIDAVIT

pains

Alan

1.

since

the

•

Farm

Lawyers'
Worker

Connecticut.
Connecticut

•

for

attorney

Services,

Inc.

2.

I

I am also

in

January

of

of

Connecticut

Bridgeton,

(1978),

to the Bars

Circuit

Courts

(1978),

of

Division
from

(1974),

Connecticut

August

Worker

of
July

Director

1977 I

Inc.

in

Division

and I

New Jersey

(1976),

and the District
(1974),

1

and New Jersey

to

as

Legal

the Bars

and Ohio

for

the

1973 .

the First

Courts

Hartford,

I worked

July

(1974),

directed

Regional

am admitted

of

covered

Camden (N.J.)
1972 until

the Supreme Court

of Appeal,

Bar Association

Interim

Services,

Farm

graduate

Connecticut

to the

cou11sel to

and Western Massachusetts.

New Jersey
school

Legal

the

the

1973 until

Neighborhood

as staff

the Boston

1989 I have been

From August

the Farm Worker

am a 1972 law

Under Law of

of

and subject

depose and say:

Rights

jurisdiction

for

admitted

Second (1975)

Civil

Since

Valley

k11owledge,

Jay Rom and I have been employed

Division

River

and personal

hereby

Committee.

The

of Massachusetts

•

Alan

Committee

}fassachusetts

•

perjury,

Septe1nber 1977.

a staff

•

for

My name is

the Boston

OF ALAN JAY RON

Jay Rom, upon my oath

and penalties

the Lawyers'

•

.

------------------I,

•

CIVIL ACTION NO.
87-1968-H

of

(1972).

(1977)

and

the Districts

(1974).

My entire

I HEREBY
CERTIFY
THAT
ATRUE
COPY
OF
THEABOVEDOCUMENT
WASSERVED
UPONTHEATTORNEY
OFRECORD
FOR
EACHOTHER
PARTY
BYMAILJI
tttlf◄ B ON:

'31Vr/ti

--fe1
T~·~v\

1-.

�•
legal

•

its

career

haas been devoted

3.

addition

In

inception,

litigation

•

lawsuit,

federal
Action

No.

plaintiffs
sum $10,000

my work

(166.5

Springfield,
al.

v.

et

Coordinati11g
Holyoke,

•

79-1097;

•

Council

et

al.,

in

counsel

was resolved
case.

and others)
v.

in

Connor,

decree

under

in

1984.

and costs.

representing

a

Civil

which co-cousel

fees

The
for

Of this
co-counsel

and the remaining

v. Clark,

Council

Administrative

complaints

District

Para

et al.,

Committee
Complaint

Amherst,

Parents

No.

01-79-1024;

v. Mulready,

Complaint
Council

Hudson,

$142,000

Master

Parents

Complaint

01-79-1004;

of parents

of

Education,

et

Northampton,
Graves,

et

Hispanic

Parents

Massachusetts,

each of

et

Council

which

al.,

Portuguese

Complaint

Advisory

al.,

No. 01-78-0073;

v. Moriarty,

Administrative

J1assachusetts,
No.

01-77-0078;

Massachusetts,

Advisory

et al.,

Quality

Humanos v.

Administrative

Hispanic

on behalf
for

No.

Los Derechos

No. 01-78-0041,·

Complaint

and Cambridge,

Sixth

2

•

Rice

and Action

of the action,

administrative

Hispano

Massachusetts,

Advisory

costs

Administrative

Complaint

Administrative
Parents

al.,

Concilio

Administrative

Roger

a federal

to the present

by a consent

for

administrative

$25,117 being the share to the Lawyers' Committee

several

Massachusetts,

Deady,

in nature

was paid

case since

hours).

I initiated

Massachusetts,

•

represented

and

No. H-76-38,

by a settlement,

fees

the present

Connecticut,

Action

with

resolved

litigation.

court

Progress

$160,000

attorneys

was divided amongco-counsel,
for

(along
for

in

Hartford,

similar

approximately

$8,000

In

in 1978,

was also

rights

federal

Civil

was resolved

represented

fees,

into

which
fees

received

in

et al.,

Association

78-1150-K,

of attorney's

involved

Gaines,

civil

as co-counsel

as co-counsel

Latin

of

communities.

entered

served

lawsuit,

4.

•

I

v.

the area

served

been

other

Ramos et al.

seeking

•

several

Worcester,

issue

•

have

by a co11sent decree
In

•

to having

I

in

to

No. 01-

v. Lannon,

were upheld

in

�•

•

findings
Office

of non-compliance
tor

Welfare,

•

Civil

we negotiated
and tasks

•

(OCR) of

Voluntary

of

Title

of

the school

Education

equal

et al.,

Administrative

Complaint

Hispanic

had been earlier
violations

Parents

Tfere

Advisory

the

investigated

due to a change in

parents'
public

complaint

Only

in

advisory
school

complaints.

Boston

councils

systems

of

VI,

the

resort

Chelsea

with

but

of

Voluntary

of

limited

v. Murray,

found

in

Public

Schools.

In

Complaint

Schools

was not

the parents'

No.
fully

group .

was it

possible

litigation

in 1988

the intervening

Lau Compliance

federal

and state

et al.

Administrative

Public

objectives

students

that

and

findings,

federal

Council

Massachusetts

to

these

the goals,

Stoughton

representatives

to negotiate

Education

OCR/DE eventually

Title

by

and Waltham,

without

In several

the

of

for

Advisory

v. McGee, et al.,

about

Heal th,

compliance

opportunity

of

corrected

of

Act of 1964 by the

As a result

No. 01-82-1089,

Council

Rights

which outline

Parents

violations

01-80-1058,

5.

Plans,

educational

In Portuguese

the

(DE).

system needed to ensure

proficiency.

years,

the Civil

then Department

Lau Compliance

to provide

there

VI of

the

English

that

•

Rights

now the Department

obligations

•

with

Plans
or

tor
with

the
those

administrative

the above cases I worked very closely

with

co-counsel

Roger Rice.
6.

I also

University,

the

University,

•

on behalf

States

v.

schools

of education

University

of

Harvard

University,

agencies,

I

University,

Pennsylvania,

and San Jose University

of plaintift-intervenors

Texas.

organizations,
a course

deans of graduate

Stanford

curiae

federal

represented

I have also
legislative

as well
have

taught

at

(represented

presented

papers

committees,

as prepared

Northeastern

a brief

before

colleges,

on bilingual

University

Georgetown

by Roger Rice)

and testimony

schools,

materials

3

•

in tiling

of Columbia

School

and

education
of

Law,

in

amicus
United

state

and

community
as part

of

"The Legal

�•
•

System and the Hispanic/Latino
I have also represented

7.

•

case,

Hispanic

Civil

Action

Parents

•

•

case.

not reflect

Exhibit

9.
the

and costs.

persons

the court

et al.,

awarded nearly

approximately

145 hours

Committee

for

to set rates

firms

Those rates
for attorney's
to the Lawyers'

Civil

These hours do

case, but these hours were recorded

Rights

for staff

Hy rate represents

belong

144 hours working on the

There were many discussions

This rate was set by the Steering

of the Steering

Spring of 1987.
studied.

I spent

that did not get recorded.

the

Committee
Boston

Bar

Committee conducted a study of its
Committee in the late

an average of what the rates

were revised
fees

Under Law of

of the Lawyers'

are in the law

but the new rate is not being applied

in this

case.

All attorney's

fees

awarded

Committee as I am on salary.

1989 .

•

•

E. Proulx,

of my time and work.

Sworn to under the pains and penalties

•

case,

This represented

A is an itemization

A sub-committee

member law firms

staff

this

v. Ernest

in my computer as they occurred.

Lawyers'

to the request

•

et al.

In settling

Hy hourly rate is $175.

Association.

•

Council,

all of the time I spent on this

contemporaniously

of

in the Holyoke school desegregation

Up and through 24 February 1989

with different

•

fees

plaintiffs

work .
8.

present

Advisory

No. 80-0172-F.

$10,000 in attorney's
of legal

Community."

4

of perjury

this 22nd day of March

�•
•

HISPANICPARENTSADVISORY
COUNCIL,ET AL. V. GEORGE
KOULOHERAS
CIVIL ACTIONNO. 87-1968-H
TIME RECORD-ALAN
JAY ROM

•
•
•
•
•
•

•

HOURS

--------------------------------------------------------------------------1.25
29 May 1987

•

ACTIVITY

DATE

Meeting with Camilo Perez re: Lowell

5 June 1987

Review files

re: OCRfindings

and statistics

1.50

8 June 1987

Review files

re: OCRfindings

and statistics

1.25

9 June 1987

Review files re: enrollment statistics
population growth
Meeting at Attorney General's office

and

1.00
1.75
1.00

10 June 1987

Meeting with co-counsel

11 June 1987

Meeting with Assistant Attorney General and
call to Michael Alves of Mass. Dep't of
Education

1.50

15 June 1987

Assemble data for draft complaint
Conference with co-counsel re: drafting

1.50
.25

16 June 1987

Work on first

draft

of complaint

1.25

19 June 1987

Work on first

draft

of complaint

1.75

22 June 1987

Review statistics,

27 June 1987

Attend parents conference in Lowell and give
workshop to Cambodian and Lao parents

6.25

29 June 1987

Redraft

6.50

30 June 1987

Meeting with co-counsel re: meeting at
Attorney General's office
Meeting with Assistant Attorney General

1.00
2.25

Complete revised

1.75

9 July 1987

revise

draft

complaint

complaint

draft

of complaint
re: students

4.50

complaint

5.25

10 July 1987

Revise section

21 July 1987

Update statistics

30 July 1987

Final changes in complaint and send to C,H,&amp; S
Calls to Lowell Law Dep't and Clerk's
office re: acceptance of service of process

2.75

Meeting with co-counsel re: strategy for
discovery, opening of school, etc.

3.50

1 September 1987

of complaint

1.25

and revise

�•
2 September 1987

•

10 September 1987
11 September 1987

•
•

•
•

.50

Draft and File Motion For Joint Decision
Regarding Case Assignment Pursuant To Local
Rule 8 (d) (4).

.75
2.00

18 September 1987

Work on first draft of interrogatories
Conference with co-counsel re: interrogatories

21 September 1987

Continue

25 September 1987

Meet with U. Mass. student

29 September 1987

Finish first draft of First Set of Plaintiffs'
Interrogatories
to Defendants and send to cocounsel for comments
Conference with co-counsel re: interrogatories

2.75
.25

Work on draft
Documents

3.50

14 October 1987

first

draft

conference-Lowell

of interrogatories

.75

re: work on case

of Motion for Production

2.50
.25

.75

of

Continue with draft of Interrogatories
and Request for Production of Documents

.75

Finish final draft of Interrogatories
and
Request for Production of Documents and
send out to Attorney Sweeney and co-counsel

1.50

27 January 1988

Meeting of co-counsel

1.50

29 January

Conference

16 October 1987

•

Attend Court Conference in Lynn HPACand
discuss assignment issue.

Attend Desegregation

8 October 1987

•

4.00

16 September 1987

•
•

Meeting in Lowell re: desegregation
implementation,
funding, etc.

1988

re:

strategy/negotiations

.50

with co-counsel

1988

Meeting with Mayor of Lowell,

5 February

1988

Court Conference

11 February

1988

Meeting of counsel
Negotiation meeting in Lowell
Travel to Lowell

1.00
3.00

10 March 1988

Strategy

1.00

11 March 1988

Meeting in Lowell: Negotiations
Travel to Lowell

3.25
1.50

10 June 1988

Meeting of Counsel re: Lau Plan revisions
Meeting in Lowell re: Negotiations

1.00

conference

et al.

3.00

3 February

.75

with co-counsel

1.50

3.00

�•
•
•
•

'
14 June 1988

Review and comment re: Lau Plan revisions

5.50

16 June 1988

Meeting with Counsel re:

3.00

21 June 1988

Meeting with counsel re: Lau Plan,
re: substance and positions

•
•
•
•

•

2.00

Review Lau Plan proposals,
meeting of counsel
Meeting in Lowell re: Negotiations

2.75
3.00

1 July 1988

Review Lau Plan proposals,
meeting of co-counsel
Meeting in Lowell re: Negotiations
Travel to Lowell

1.50
2.50
1.50

5 July 1988

Review State

2.50

6 July 1988

Review State Dep't of Education comments and
draft options for Lau Plan inclusions

2.75

Conference with co-counsel re: options due to
State Dep't of Education comments and draft
proposed strategy

3.00

11 July 1988

Draft new language

1.25

2 August 1988

Meeting of Counsel re: strategy
Travel to Lowell
Negotiations
with Mayor, Sup't,

30 September 1988

Dep't of Education

Review response
defendants.

to sections

comments

of Lau Plan

of Lowell Public

et al.

1.25
.75
2.25

School
1.75

3 October 1988

Meeting with co-counsel

re:

strategy.

2.00

20 October 1988

Meeting with co-counsel

re:

depositions.

2.00

15 November 1988

Review settlement
Co-counsel.

4 December 1988

documents and comments to
.75

Meeting with Cambodian clients to review
settlement
and need for monitoring.

8 December 1988

Meeting of co-counsel

re: hearing

9 December 1988

Hearing on Settlement

Agreement.

16 December 1988
9 January

1989

12 January 1989

•

strategy

24 June 1988

8 July 1988

•

changes in Lau Plan

on 9 December.

1.25
.75
1.00

re: order

.50

Court Hearing re: Entry of Judgment

.75

Conference with co-counsel

Conference with co-counsel

re: Transcript

1.00

�•
4

•
•
•

18 January 1989

Conference with co-counsel re: Meeting in Lowell
Meeting in Lowell with Mayor and counsel
Travel to Lowell

24 January

Conference with co-counsel

1989

1 February

1989

Conference

re: Proposal

8 February

1989

Conference

with co-counsel

re: Visit

9 February

1989

Conference

with co-counsel

re: report

24 February

1989

Court Hearing re: Entry of Judgment

Total Hours at $175=$25,200.00

•
•

•
•

•
•

•

re: Entry of Judgment

for Monitoring

.50
1.75
1.50
.50

.25
to Lowell

.25
.25
.50
144.00

�•
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

•
•

)

LOWELLHISPANIC PARENTSADVISORYCOUNCIL, )
ET AL.
)
)

Plaintiffs

)
)

•

) Civil Action
) No. 87-1968-H

v.

)
)

GEORGEKOULOHERAS,ET AL.

)
)

•

Defendants
)
____________________
)

AFFIDAVIT

•

NOWCOMESRoger L. Rice,
the above entitled

matter

co-counsel

and hereby

for

swears

Plaintiffs

in

and affirms

the

following:

•
•

1.

the University

•

of Pennsylvania

in 1965 and from

Law School

in 1968.

in Connecticut,

District

of Columbia

and am a member of the bar of the

5th,

8th and District
of Appeals

of Massachusetts,
2.

rights

of Columbia

and the Eastern
and District

I have specialized
since
of limited

Massachusetts

I am

to practice

litigation

•

from Yale University

admitted

Courts

•

I graduated

United
District

in U.S.

v. Texas

(Bilingual);

Pickard

and numerous

other

1st,

Circuit

of Texas,

District

of Columbia .
in educational

1970 and particularly
English

States

and the

proficient

civil

cases

regarding

students.

Keyes v. Denver;
cases

including

rights

the

the

I was counsel
Castaneda
leading

v.

�•
•

testing

Illinois,

Independent

for

Texas,

for

per hour

(1987),

No. 362,516,

in civil

earlier

is $190.00

well

Boston

an hour.

the hourly

paralegal

awards

below the

litigation,
falls

District

and in Keyes v. Denver

considerably
case

my work in

in Edgewood

Based upon these

rates

for

obtained

within

assistance

Based

rate

the

of

range

by Boston

of
law

firms .
4.

The summary of hours

expended

related

and attached

to this

contemporaneous
course

of this

period

case

maintained

litigation.
only

on this

of conferences
hours

to and from my home.

judgment

time

spent

-2-

is based

statement

of work
this

Not included,

for

with
spent

on

the

over

my attorney
in telephone

I have also

in legal

compensable.

work

hereto

of my time

case.

and many additional

legal

by me throughout

a fraction

were many hours

conferences

for

The attached

which was spent

example,

billing

records

reflects

would be clearly

•

Texas

in this

charged

in this

in Massachusetts

California,

v. Kirby,

Nury Marcelino

rates

colleagues

•

rate

on my experience
$50/hour

rates

(1985).
with

my hourly

case

in

and Connecticut.

County,

in jurisdictions

performed

•

Rhode Island,

District

per hour)

directly

•

School

participated

Supreme Court
cases

have been $150.00

of Travis

($160.00

rights

court-ordered

cases

hourly

•

Past

I also

leading

language

Pennsylvania

similar

area,

•

the

(Lynn and Worcester),

Court

•

(1974),

and in other

3.

•

Debra P. v. Turlington.

Lau v. Nichols
area

•

case

research

eliminated
which

as a

I believe

�•
5.

•

The summary of expenses

incurred

by my office,

Advocacy

(META), Inc.

Camilo Perez-Bustillo,

•

prosecution

of this

attached

Multicultural
on behalf

was for

Education,

of myself,

and paralegal

Training

in the

matter.

Roger~

SWORNAND SUBSCRIBED
BEFORE ME THIS 23RD DAY OF
MARCH,1989

•

NOTARYPULIC

MY COMMISSIONEXPIRES ON:

&lt;;

SC'ARD
3

•

•
•

I HEREBY
CERTIFY
THAT
A TRUE
COPY
OF
THEABOVE
DOCUMENT
WASSERVED
UPONTHEATTORNEY
OFRECORD
FOR
EACHOTi1EA
PARTY
BYMAIUHl!HB
ON:
3{-z.,"f($ "\

fir-

G..,~S~

•
-3-

•

and

my colleague

Nury Marcelino

•

•

expenses

'

95

�•

11

Roger

•

1986

•

PAC meeting
travel

10/19
Total

•

L. Rice

4/14
4/17
4/19

•

6/10

•

4.5

conf.
with CP
review
Mroz memoranda
school
committee
meeting
conf.
with clients
travel

5/8
5/13

.5
1.5
1.0
2.0
4.0
1.5
.3

.5

1.0
2.0
1.5
1.5

meeting
with CP, AR re: drafting
complaint
review
plans
for desegregation
conf.
with AR, NM, parent
liason
workshop
with Cambodian,
Laotian
parents
re: rights
in Lowell
travel

1.0

8/10

review

2.0

9/1

conf.
violence
on site
travel
conf.
review
conf.
conf.
conf.
meeting

6/12
6/15
6/27

9/9
9/10
9/16
9/18
9/21
9/29

Total

complaint
CP, AR, re:
at

schools

opening

1987

of

school

monitoring

CP re: opening
of school
motion
on case assignment
Alan Rom re: interrogatories
Roos re: case status
CP' AR,
with clients,
Ala Reid

review
interrogation
review
req.
for protection
conf.
CP

10/15
10/19
10/29

•

3.0
1.5

conf.
with Camilo Perez re: PAC
meeting,
segregation
issue
review
Dept.
Ed. Lowell
file
conf.
CP, re: Cambodian
segretation
review
file,
state
monitoring
reports
meeting
with Laotian
parents
travel
conf.
with CP, re: Gretel
Clark,
Ana
Ocasio

4/9

•

•

School

1987

5/7

•

High

1986

4/21

•

Lowell

2.5
.6

5.0
1.5

3.50
4.0
1.5
.5
.5
.5

.4
.8
2.0
.5

1.0
.5

45.60

�•

12
1988

•

•

1/27
1/29

conf.
conf.

2/3

conf.
with Howe, Sweeney
travel
conf.
with state
dept.
ed.
conf.
with Judge Keeton
preparation
for conference
conf.
with counsel
and negotiation
with defendants
travel
review
school
data

2.0
1.5

3/3
3/9
3/10
3/11

review
school
data
cont.
on data with CP
conf.
AR, CP
negotiation
at City Hall
preparation
travel

1.5

5/3

review
settlement
proposal
review
latest
plan draft
conf.
CP re: plan
meeting
Lowell with Howe, Sweeney
review
plan,
conf.
with clients,
pre-post
meeting
travel
prepare
for meeting
meeting
with defendants
in Lowell
conf.
with clients
travel

2.0
1.5

review
plans
review
defendants
draft
conf.
with CP
meeting
in Lowell,
negotiations
preparation
for meeting
review
plans
draft
plans
and conf.
AR
conf.
CP
conf.
CP, AR re: plan
meeting
in Lowell with defendants
preparation
and conf.
with clients
travel

1.5
2.5

conf.
AR, CP
negotiation
meeting
with defendants
travel
review
state
monitoring
report
review
state
report,
conf.
AR, CP and
review
latest
draft
prepare
plan for defendants

1.5
2.5
1.5
1.5

2/4
2/5

2/11
2/22

•

•

5/5

5/12

•
5/25
5/26

•

6/8

6/9
6/10

•

6/15
6/16
6/20
6/21
6/24

•
7/1

•

7/4
7/8
7/11

•

CP, AR
AR, CP

1.50
.4

.5

.5
.5
3.0
.5
.5

.5

1.0
2.5
.5
1.0

.5

4.5
1.5
1.0
3.0
1.5
1.5

.5

2.5
1.5
2.5
3.0
.5

2.0
2.5
1.5
1.5

2.0
1.5

�•

•
•
•
•
•

13
7/28

review

8/2

2.5

8/30

negotiation
meeting
in Lowell with
defendants
preparation
for negotiation
with CP
AR
meeting
with clients
travel
prepare
follow-up
letter
discussion
with US Dept. of Justice
conf.
CP, Howe, GT
conf.
Howe
review
plan and conf.
AR on plan
review
plan
conf.
CP

9/28

conf.

1.4

10/3
10/14

meeting
with cousel
re: negotiation
conf.
at City Hall and preparation
travel
meeting
with counsel
re: deposition

2.0
3.5
1.5
2.0

review
meeting
travel
Lowell

1.5
1.5
1.5
2.0

8/3

8/4
8/5
8/15
8/25
8/26

10/20
11/2
11/3

•

•
•

•
•
•

11/9

CP, Javier

response

Colon,

court
papers
in lowell
with
School

1.0

AR

defendants

Comm. meeting

conf.
with Cambodian MAA case review
travel
conf.
with AR, Thayer
F.S.
hearing
Fed. Court,
prepartion
conf.
with Laotian
MAA case review
travel
review
draft
CP affidavit
conf.
AR, review order
review
telephone
log,
prepare
notice
Spanish version
review telephone
log
confs.
re: notice,
radio
conf.
in Lowell re: notice,
radio
station,
sun, MAA, etc.
travel
conf.
Laotian,
Cambodians

12/4
12/8
12/9
12/11
12/13
12/16
12/19
12/20
12/22
12/23

12/26
Total

defendants

1988

1.75
.5
1.5
1.0
.3

.5

.2

1.5
.5

1.0

1.0
1.5
.755
1.0
1.0
1.5

.s
.s

3.5

1.0

.s
3.0

1.0
.2

113.82

1989

1/9
1/10
1/12
1/18

court
hearing
on plan
prepare
hours
for meeting
pickup
transcript,
conf.
AR
meeting
re: Lowell plan and fees
conf.
AR, JC, travel,
meeting
at
City Hall

1.0
2.0
1.0
3.0

�•

•

14

conference
with
of judgement

1/24

•

•

•
•

•
•
•

re:

entry
.50

conference
re: proposal
for monitoring
conference
with co-counsel
re: visit
to
Lowell
conference
with co-counsel
re: report
court hearing
re: entry of judgement

2/1
2/8
2/9
2/24

•

co-counsel

Total

1989

Total

Roger

.25
.25
.25
.50
8.75

Rice,

telephone

log

included

172.67

�•
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

•
•

LOWELLHISPANIC PARENTS ADVISORY COUNCIL,}
et. al.
)
)

Plaintiffs

)
)

V •

Civil
Action
No. # 87-1968-H

)

)

•

GEORGE KOULOHERAS, et.

al.

____________________
)
))

Defendants

•

AFFIDAVIT

NOW COMES

•

Plaintiff

in the

affirms

the
1.

•

related

to

records

maintained

Kirby,
and

•
•

rates

Training

of this
Past

similar

cases

a similar
the

of

this

hours
case

by

me

is

and

and hereby

for

swears

and

expended

on

based

contemporaneous

my

and Advocacy

on

office,

legal

work

Multicultural

(META}, Inc.

throughout

the

litigation;
court-ordered
included

an educational

in

matter

co-counsel

following:

directly

course

Perez-Bustillo,

above-entitled

summary

2.

•

Camilo

The

Education,

•

)

rate
Boston

in

rates

$120 per

hour

rights

case

Keyes

v.

area

exceed

obtained
in

for

in

I.S.D.

v.

Edgewood

in Austin,

Denver.
those

my work

Texas

Given
in

Austin

in

that

1987,

billing
or

Denver

�•
and given

•

rate

the

in this
3.

in

what

each
each

group

which

example,
colleagues

•

these
also

worked
night

Law

•
•

since

from

in

Boston

in

my first

including

a billing

1981,

specialized
employment

work as co-counsel

and

this
for

my attorney

Since

most

telephone

during

of

the

the

day,

frequent.

time

work

over

in

were

from Northeastern

of

spent

would be clearly

May,

achieve

included,

with

unavailable

judgment

Bar in February,

I have

home.

discussions

remedies

to

Not

hours

hence

groups

the

my time

case.

not

group,

client
and

conferences

my

and were

I graduated

5.

of

time

statement

of

this

and

4.

Massachusetts

on

additional

I believe

attached

This

each

negotiating

fraction

many

as

which

a

hours

and weekend

eliminated

research

•

to

plaintiffs

spent

many

and

conferences

The

only

.

case

in

of

of

various

legal

and

wanted.

was

were

the

deal

claims

the

Latino,

Lowell .

a great

among

my

principal

the

of

and legal

deserved,

reflects

I was the

communities,

facts

discussing

group

performed
period

•

and

case,

I spent

meetings

experience,

hour .

communities

that

the

numerous

explaining

separate

meant

per

of this

Laotian

in gathering

which

•

and

and additional

be $150.00

course

three

representation

but

of time

would
the

for

Cambodian,

only

•
l

case

During

counsel

•

passage

I have

spent

in

legal

compensable.
University

was

School

admitted

to

of
the

1982;
in educational
as

an

in the

rights

attorney
U.S.

in
v.

litigation
June,

Texas,

1981,

Castaneda

�•
v.

Pickard,

Commissioner

6.

•

spent
in this

Keyes

v.

of Education

The

on issues
litigation

hours

Denver,

and Edgewood

included

in which

Lynn

in

Plaintiffs

the

Hispanic

PAC

v.

cases.

summary
have

attached

prevailed

thus

were
far

.

•
CAMILO PEREZ-BUSTILLO

•

SWORNAND SUBSCRIBED BEFORE ME THIS
IY q
DAY OF DECEMBER, 1988

•
•

MY COMMISSION EXPIRES ON:

M'lCOMMISSION
EXPIRES
MARCH
16, 1995

•
•

I HEREBY
CERTIFY
THAT
ATRUE
COPY
OF
THEABOVEDOCUMENT
WASSERVED
UPONTHEATTORNEY
OFRECORD
FOR
EACHOTHER
PARTY
BYMAIUMANO
ON:

:,(-t-i/"',

~ ,.

•
•

(At~\

y'll\,~~

�•

1

Lowell

•
•
•

•
•
•

Camilo

Perez-Bustillo

1986
Date

Description

Time

9/12

first
meeting
with Adriana
Rodriguez,
Prem Suksawat
Ana Ocasio,
re: Lowell
situation
rep.
of future
plaintiff,
Ana C. at
SPED hearing,
Lowell
High School,
travel
meeting
bet.
AO and Justice
Dept.
re: possible
fed. civil
rights
violations
in Lowell public
schools,
travel

4.5

10/19

first
meeting
with Lowell Hispanic
PAC (Ana Ocasio,
pres.),
with
Roger L. Rice,
travel

4.0

11/19

meeting
with Hispanic
PAC board,re:
desegregation
of bilingual
ed.
concerns
in Lowell,
travel
meeting
at MAC re: civil
rights
violations
against
S.E. Asian
students
in Lowell,
Lynn; consultation
with MICAS

4.0

participation
in hearing
panel
re:
statewide
patterns
of education
rights
vilation
re:
S.E. Asian
students,
focus on Lowell
representation
of future
plaintiff
Dolores
C. re: bilingual
SPED
at Krebbs School
(SPED placement),
travel
meeting
of immigrant
students'
rights
workgroup
re:
Lowell at MAC

4.0

9/22

11/26

12/4

12/10

•

12/17
Total

•

•

2.0

3.0

2.0
26.50

1987
1/5

•

1986

3.0

1/7

meeting
with Josephine
Carabello
at CRS, us DOJ in Boston re: Lowell
(both re:
S.E. Asians
and Hispanics)
attendance
at CRS forum re: Lowell
at Bartlett
School

2.5
5.0

�•

2

meeting at Int'l
Institute
of both
Asians and Latinos
to prepare
statement
of concerns
to Sup't at
forthcoming
meeting
meeting in Lowell at City Hall re:
segregation
concerns

5.5

2/1

meeting
in Lowell at Centro Hispano
with Hispanic
PAC re:
segregation
issues

5.5

3/5

meeting
travel

4.5

4/5

meeting with Lowell Hispanic
PAC
travel
meeting with Lowell Hispanic
PAC
travel
conversation
with state
Department
of Education
Northeast
Regional
office
with Katherine
Best re:
State Department
of Education
position
on need for desegragation
in Lowell;
review of state
correspondence
and
monitoring
on issue
meeting with L.A.O org. of Lowell,
Bd. pres.
re: seg. of Laotian
students
in Lowell with RLR at
Int'l
Inst.,
travel
meeting with Hispanic
PAC
travel
meeting with Carob. MAAbd. members
re: seg. with RLR at Int'l
Inst .
travel
meeting with Executive
Director
Theresa Theobald of Cambodian
MAAre:
segregation
issue,
travel
meeting with Lowell Master PAC
travel
meeting with Cam. MAABd. members
re: may 6th School Committee meeting
in Lowell,
travel
meeting with Camb. MAABd. members
re: May 6th School Committee meeting
in Lowell,
travel
meeting with Camb. and Laotian
parents
of children
in segregated
or substandard
settings

1/14

•

1/29

•
•

4/9
4/13

•
4/15

•
4/16
4/17

•

4/24
4/27

•

4/29
4/30

•
5/3

•
•

with

Lowell

Hispanic

PAC,

5.5

4.5
4.5
2.0

4.5

4.5
4.5
5.0
5.5
4.0
4.0

door to door with Hispanic
PAC members
6.5
incl.
future
plaintiffs
Alex Huertas
and
Ana Ocasio - meeting with parents
of
children
in segregated
substandard
settings,
also with students
themselves

�•

3

5/6

•
5/12

•
•

5/13
5/15

•

5/20

5/22

•
5/26

•

5/27
5/29

•

•

6/2

6/3

6/5

•
6/7

•

special
meeting of Lowell School Comm.
at Little
Theater,
H.S. re:
segregation;
meeting afterwards
with rep. of
Hispanic,
Cambodian, Laotian
communities
meeting in Lowell at Centro Hispano
with parents
of Hispanic
students
in segregated
and substandard
settings;
prep.
for School Comm. meeting,
on 5/13;
review of data,
etc. prep. of draft
of
letter
summarizing
ling.
minority
concerns
(delivered
to School Committee
and State Commissioner
of Education
on
5/12)
attendance
at School Committee meeting
re: desegregation,
travel
meeting at City Hall with Mayor, City
Manager, re:
desegregation
planning
travel
meeting with current
and former
bilingual
program staff,
Bd. members
of Carob. MAA re: list
of parent
concerns;
revision
of draft
of letter
re: minority
concerns,
travel
meeting wth Lowell Mayor (Chairperson
of School Committee)
on behalf
of
ling.
min. comm. re:
deseg.;
planning
meeting with reps.
of ling.
min. org.,
travel
planning
meeting with Hispanic
parents
to prepare
strategy
for School Comm.
meeting on 5/27
attendance
at School Committee
meeting re:
deseg.,
travel
meeting with Rom re:
Lowell in
Boston

5.0

meeting with local NAACP counsel
(June Gonsalves)
re: planning
of
deseg.
suit,
possible
co-counseling;
meeting with potential
Carob.
plaintiffs,
comm. reps.
at
CMAA, planning
of strategy
for visit
by State Educ. commis. on 6/11, travel
meeting with Alan Rom, Lawyer's
Comm. re:
Lowell situation,
possible
co-counselling,
planning
for filing
suit
attendance
at special
meeting of
Lowell School Comm. re: deseg .
with attendance
of reps.
from
State A.G.'s
office
meeting of Lowell Hispanic
PAC

1.5

9.0

5.5
4.5
5.5

8.0

5.0

5.5
1.25

3.5

3.5

7.0

5.0

�•

4

6/9

•

6/10
6/11

•
6/12

•
6/25

•

6/27-28

6/30

•
•

7/1
7/3
7/4
7/8
7/13

•

7/15

7/16
7/20

•
•
•

7/22

7/23
7/25
7/26
7/27
7/28

meeting at A.G.'s
office
re:
both possible
state
and ling.
min.
parent
litigation
against
Lowell re:
deseg./bilingual
education
meeting with RLR, AJR, co-counsel
re: drafting
of complaint
attendance
at special
meeting of
Lowell School comm., and then at
public
hearing
with State Commir. of
Ed. re: desegregation/bilingual
issues
review of State Department
of
Education
Desegragation
plan adopted
by School Committee on 6/11;
discussion
with Hispanic,
Cambodian,
and Laotian
client
representatives
re: plan's
implication
telephone
conv. with L.A.O. staff/
bd. member re: Laotian
plaintiffs;
ID of affidavits,
request
and review
of student
records
2 day conf. of lingu.
min. parents
in Lowell workshops with Hisp.
students,
Carob. and Laotian
parents,
strategy
meetings
meeting with co-counsel
to plan
meeting with A.G.'s
meeting with A.G.'s
re: Lowell
litigation,
state
posture;
interviewing
of potential
plaintiffs

3.25

interviewing
of plaintiffs
interviewing
of plaintiffs
interviewing
of plaintiffs
first
meeting of deseg. planning
task
force,Lowell
School Dept.
teleph.
conv. with Tsapatsaris
re:
student
assignments;
compilation
of
school system data
attendance
at Lowell School Comm.
Deseg. planning
meeting,
Lowell
meeting with bilingual
special
ed.
program staff
re:
S.E. Asian
bilingual
SPED concerns
meeting of deseg. planning
group
re: compliance
issues
in Lowell;
first
draft
of complaint
re:
language
programs
draft
complaint
re: language
issues
draft
complaint
draft
complaint
draft
complaint
re: language
issues
review draft
complaint

6.0
4.5
4.5
5.0

1.0
1.75
3.5
4.5

.5

4.0

6.0

1.00
2.5

1.6

.25
5.0
3.0
4.5
3.5
4.0

2.0
5.0
4.0
4.5
3.5

1.0

�•

5
8/5

•

8/12
8/20
8/26

•

9/1

9/2

•
•

9/8

9/30
10/9

•
10/10

•

10/14
10/19

•

10/25
10/26

•
10/27
••

•

meeting
of deseg.
regarding
filing
meeting
of deseg.
in Lowell
meeting
of deseg.
in Lowell
meeting
of deseg.
in Lowell

planning
group
of suit
in Lowell
planning
group

3.5
3.5

planning

group

3.5

planning

group

3.5

meeting
with co-counsel
Rice and Rom
re:preparation
of discovery
requests
and concerns
about potential
violence
at opening
of schools
meeting
of deseg.
planning
group
in Lowell
present
on opening
day of school
at several
different
sites
throughout
the city
to monitor
regarding
potential
civil
rights
violations;
meeting
with
Hispanic,
Cambodian,
Laotian
comm.
representatives
re: reports
from each
school
with large
numbers
of children
deseg.
planning
group meetings
in
Lowell

3.25

meeting
with named Hispanic
plaintiff
Alex Huertas
and Ana Ocasio
regarding
next steps
in litigation
and breakdown
in student
transportation
system
during
first
three
weeks of school
meeting
with cambodian
comm.
organization
regarding
lawsuit
meeting
at Centro
Hispano
in Lowell
with Hispanic,
Laotian,
and Cambodian
community
representatives
attendance
and participation
at public
presentation
by State
Ed. Commissioner
Raynolds
at Lowell's
citywide
parent
council
re: deseg.
implementation
issues
meeting
with L.A.O.
Laotian
org.
of Greater
Lowell re: current
status
of lawsuit
meetings
in Lowell with Hispanic
PAC
leadership;
Cambodian
and Laotian
community
representatives;
and
bilingual
SPED staff
re:
litigation
issues
representation
of named Laotian
plaintiff
Anousakh
P. at special
education
team meeting
re: unmet
needs;
meeting
and public
presentation
at UNITAS community
agency re: deseg.
compliance
issues

4.0

5.5
7.5

4.0

4.0
3.5
4.0

3.5
7.0

6.5

�•
•

•

6

10/28

Lowell

11/22

meeting with L.A.O.
Lowell re: lawsuit
meeting with L.A.O.
re: lawsuit

11/25
12/1

12/7

•
12/15

•
12/17
12/22

•

Total
Total

deseg.

planning

meeting

org.

4.0

of Greater

pres.

bd.

members

meeting with State Dept. of Ed.
educational
equity
and bilingual
ed. and regional
monitoring
staff
re:
Lowell,
Lynn, and Lawrence
litigation
and related
concerns
representation
of plaintiff
class
member Lina Earn in special
education
team meeting at Robinson School in
Lowell;
meeting with Hispanic
PAC
leadership
re: lawsuit
representation
of named plaintiff
Dolores C. at special
education
team meeting at Learning
Prep
School in w. Newton (Educational
placement
paid by Lowell Public
Schools)
another
Lowell SPED core
another
Lowell SPED core
1987
including

telephone

log

attached

3.5
3.5
4.0

3.0

1.5
3.5

3.5
3.5
333.75
362.55

1988

•

1/27
1/31

•

2/1

2/3

•
2/5

•
•

2/8

meeting with co-counsel
Alan Rom
re: lawsuit;
attendance
at Lowell School Committee
meeting with Hispanic
PAC
participation
in meeting of Citywide
Parent Council with Alex Huertas,
president
of Hispanic
PAC, re:
possibility
of entering
into settlement
discussions
with Mayor Howe
meeting with co-counsel
Alan Rom, Roger
Rice to prepare
for first
meeting
with Howe;
planning
meeting with Hispanic
PAC leadership;
fist
meeting with Howe, Sweeney
conference
with Judge Keeton
re: Lowell case
participation
in Lowell Education
Town Meeting re: desegregation/
bilingual
education
concerns

1.0
3.0

3.5
3.5

1.0
1.0
3.5
1.0
2.5

�•

7
2/9

•

2/11
2/13

•

3/1
3/4

•

3/6
3/9

3/10

•

3/11
3/13

•

3/15
3/17

•

3/20
3/21

•

3/23
3/28

•

3/30

•

4/4

•

3/31

preparation
of Data Issues
request
(14 different
issues)
as basis
for
formulation
of negociation
issues
second meeting
with Howe, Sweeney
at city
Hall in Lowell re: settlement
review
of Lowell complaint,
5/21/87
letter,
and desegragation
plan with
Cambodian
MAA staff
and Board members
re: objectives
in negociation
process,
travel
meeting
with Cambodian
MAA staff,
Bd.
Lowell
re: negotiations
preparation
of summaries
re: current
school
data for Carob. MAA pres.,
Bd.
members
meeting
of Hispanic
PAC in Lowell
attendance
at meeting
of Mayor's
Blue Ribbon Comm. on Desegregational
issues
in Lowell
attendance
at meeting
of Lowell
school
building
planning
comm .
negotiation
session
with Mayor
Howe, et.al.,
at City Hall
meeting
of Hispanic,
Carob., Laotian
leadership
in Lowell at Centro
Hispano
re: settlement
discussion
and
formulation
of proposed
remedial
plan
initial
research
and consultation
with
educational
experts
re: remedial
plan
meeting
to consult
with Middleses
Comm.
College
ESL staff
re:
settlement
plan,
also with guidance
program
staff
at
High School
meeting
with Hispanic
Cambodian,
Laotian
community
leadership
in Lowell
meeting
in Lowell with Cambodian
and
Laotian
teachers
and staff
re: proposed
settlement
plan
presentation
at Blue Ribbon Comm. on
desegregation
re: current
status
of
lawsuit
consultation
with expert
on immigrant
student
programming
issues
re:
settlement
plan
drafting
of first
version
of Lowell
settlement
plan
representation
of class
member Chhin
Rath at special
education
team meeting
re: unmet needs

4.0

meeting
of workgroup
involved
in drafting
in Lowell;
review
of
to data requests

5.0

of clients
settlement
plan,
Lowell
responses

3.0
2.5

3.0
2.0
3.0
3.5
3.0
4.0
4.0

1.5
4.5

4.0
4.0

3.0
1.5
5.0
3.0

�•

8

4/10

•

4/19
4/20

•
•
•

4/21
4/22

5/6

5/17

5/19

•

•

5/23
5/24

•

•

5/26

6/6
6/9

6/11

•
•

attendance
at public
hearing
re:
proposed
school
building
plan pursuant
to state
desegregation
funding
attendance
at Lowell City Council
meeting
re:application
for state
desegragation
funding
attendance
at Lowell School
comm.
re: desegregation
funding
final
drafting
of first
version
of Lowell settlement
plan
delivery
of first
version
of Lowell
settlement
plan to Mayor, Superintendent,
members of Blue Ribbon committee;
meeting
with Hispanic
PAC re: plan,
next steps
in negotiations

3.5

meeting
with Hispanic,
Cambodian,
Laotian
school
staff,
comm. members
re:
settlement
plan;
review
of Lowell
responses
to data requests
meeting
with representatives
of
Hispanic,
Cambodian,
Laotian
communities
re: current
status
of negotiations;
review
of Lowell responses
to data
requests
meeting
with representatives
of
Lowell Plan,
private
agencies,
citywide
Parent
Council,
Camb.
MAA and L.A.O. organization,
School
dept.
re:
desegregation
compliance
issues,
school
building
plan,
lawsuit;
representation
of class
member
Vannarith
Sok re:
special
education
issues
at team meeting
meeting
with Lowell's
Citywide
Parent
Council
re:
desegregation
issues
attendance
at Lowell city
Council
School
budget
discussions
re:
state
desegregation
funding
meeting
with Mayor Howe re:
negotiations;
meeting
with Lowell Hispanic
PAC
re: status
of negotiations

4.5

meeting
with Hispanic,
Cambodian
and Laotian
client
workgroup
re:
settlement
negotiations
preparation
for next negotiation
session
on 6/10
review
of 6/10 Lowell draft
of
proposed
settlement
plan

4.0

3.0
3.5
5.5

.5
3.0

5.0

1.5

2.5
3.5
3.5
2.0
3.5

4.0
2.0

�•

9

6/13

•
6/14

•
•

6/16

6/18
6/23

•
•

6/24

7/1

7/12

•

7/30

8/2

•
8/3
8/5

•
10/3

•

•

10/14

conv. with Alex Huertas,
Ana Ocasio
and S.E. Asian community
leadership
re: statements
to be read at City
Council
meeting
on state
desegregation
funding
issue
on 6/14
conv. with George Tsapatsaris,
L.A.O.
pres.
Ly Khoxayo and Alex Huertas
re:
current
status
of negotiations,
nature
of most recent
state
monitoring
report,
desegregation
funding
issue
review
of draft
plan for University
of
Lowell bilingual
demonstration
school
and Robinson
and Reilly
prosposals
for
Two Way programming
preparation
of revised
plaintiff's
draft
of proposed
settlement
plan
(sent
to Lowell 6/21)
meeting
in Lowell with Hispanic,
Cambodian and Laotian
client
workgroup
re:
current
status
of
negotiations
meeting
with co-counsel
at META
to prepare
today's
negotiation
session;
negotiation
meeting
with Mayor
Howe, et.al.
in Lowell

1.0

1.5

2.0

4.5
3.5

1.0
4.0

preparation
of negotiation
session
with co-counsel;
negotiation
with Howe, et.al.,
in Lowell
preparation
of further
revisions
in
proposed
settlement
(sent
to Lowell
on 7/13)
review
of Lowell's
latest
version
of
plan dated
7/25

2.0

preparation
of memo summarizing
negotiation
issues,
preparation
for
negotiaion
with co-counsel;
negotiations
with Howe, et. al, in Lowell
review
of RLR memo re: comment status
of negotiations
review
of State
Department
of
Education's
6/6 monitoring
report
re:
Lowell compliance
with state
law,
comparison
with plan's
provisions
and
our data
(35 pages)
meeting
with co-counsel
re: strategy
in negotiations
preparation
for negotiation
session;
negotiation
meeting
with Howe, etc.
in Lowell

3.25

4.0
3.0

2.0

1.0
2.5

2.0
1.0
4.0

�•

10
10/20

•
10/28
10/30

•

10/31
11/3
11/9

•

12/8
12/9

•
•
•
•
•
•
•

meeting
with co-counsel
re: new
discovery
motions;
meeting
with Hispanic,
Cambodian,
Laotian
client
workgroup
in Lowell
re: current
status
of negotiations
initial
drafting
of settlement
motions
meeting
with Camb. MAA board re:
update
on negotiations
final
drafting
of settlement
motions

2.0

final
negotiation
meeting
with Howe,
et.al.
to reach agreement
attendance
and participation
at Lowell
School Committee's
approval
of settlement
agreement

2.5

preparation
for first
court hearing,
on 12/9,
to submit settlement
agreement
and motions
for court approval
court hearing
re: settlement

1.0

Total
Total

1988
including

Total

Camilo

telephone
Perez-Bustillo

log

attached

3.5
2.5
3.5
1.5

3.5

200.75
217.55
606.60

�•
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF MASSACHUSETTS

•
•

LOWELLHISPANIC PARENTSADVISORYCOUNCIL,
et. al.
Plaintiffs

•

Civil Action
no. 1187-1968-H

V.
GEORGEKOULOHERAS,et.

al.

Defendants

•
•

AFFIDAVIT

Nury Marcelino,

•

related

The summary of hours
to this

(META), Inc.
2.

case and the Latino,

•
•

by the respective
with

school

and public

assisting

counsel

claims

communities.

in the gathering

of each group .

served

A great

communities

available

I assisted

and often

the counsel

home visits

services

records

Training

between

meetings,

work directly
maintained
and Advocacy

litigation.

and Laotian

school

hearings.

of this

liaison

in frequent

administrators

meetings

Education,

Cambodian,

discussing

on para-legal

on contemporaneous

the course

I was the principal

My time was spent

the following:

Multicultural

throughout

in the above-entitled

expended

case is based

by me and my office,

conversations

•

for Plaintiff

matter hereby swears and affirms
1.

•

para-legal

deal

of facts

clients

for this
of Lowell.

and telephone
for,

or needed

in communicating

as interpreter

in

of time was spent
and in following

in
legal

�•
•

The enclosed

statement

to this

does not include

case

many home visits,
with

clients

indicating

the number of hours

all

translation

of my time,

of documents,

to and from my house

during

I dedicated

not included
and telephone

the evening

were
conversations

and weekend

hours .

•

3.

During

my employment

I have worked closely
Massachusetts

•
•

workshops
parent

with

around

related

special

I have negotiated

for

services

I organize
parents

statewide

achievement,

4.

Prior

Language

conference
12 cities

workshops,discussions,

dropout

prevention,

to joining
Center

and other

pertinent

parent

related

students

communities.

which brings

together

and towns throughout
related

to student

topics.

by the Boston

Interpreter/Translator

rights,

and other

minority

and lectures

META I was employed

as a Court

system,

and in different

and community members from over
for

education,

of language

parent

throughout

I have provided

U. S. school

on behalf

trainer

communities

issues.

and bilingual

on many occasions

the annual

Massachusetts

Court

minority

rights

understanding

subjects.
school

linguistic

educational

to:

involvement,

at METAas a para-legal/parent

Superior

.

•
rC'

•
SWORNAND SUBSCRIBEDBEFORE ME THIS

•
•
•

~,.J_

DAY OF #lfAc;/

/2',fJ

a~~~---=======--NOTARY~
MY COMMISSIONESPIRES ON:

�•
LOWELL

•
•
•

•

Nury Marcelino

1986
Di\TE

DESCRIPTION

TIME

11/25

meeting with Hispanic PAC board members,
re:
Master Pi\C meeting coming up, travel

3.5

11/26

Master PAC meeting with George Tsapatsaris
re:
needs and problems of students
in the
Lowell bilingual
program, travel
served as Interpreter
for Hispanic
parents

4.0

11/28

follow-up
telephone
conversation
with
Hispanic
PAC board member re: discussion
on results
of Master PAC meeting to report
at next PAC mtg .

1. 0

12/4

participation
in hearing re:
statewide
patterns
of education
rights
violations;
S.E. Asian students,
focus on Lowell

2.0

12/9

meeting with Hispanic PAC to assure follow-up
of ~arenl co~cerns dnd st~dent
needs presented
at Master PAC meeting,
review of parent's
rights
in securing
school services
for their
children

4.0

•
TOTAL 1986

•
•

•
•

14.5

1/5

meeting with Josephine
Caraballo,
re:
Lowell , Hispanics
and S.E. Asians

2.5

1/7

attendance
at CRS ofrum re:
Bartlett
School, travel

5.0

1/8

telephone
conversation
witl1 Laotian
comm. Reps. re: parent's
concerns

1.5

1/9

meeting with Somm;inee Bounphasaysonh,
fr.om the Lan ti .111 c:ommunity, re: scg.
of Laotian students
in Lowell P. scl1ools

3.5

1/14

meeting at Int'l
Institute
of both So.east
Asians and Latinos
to prepare statement
of
concerns
to Sup't at forthcoming
mtg., travel

5.5

1/29

meeting in Lowell
concerns,
travel

5.5

2/1

meeting in Lowell at Centro
Hispanic
PAC re: segregation

at City

Lowell

Hall

at

re:

segregation

Hispano with
issues,parent

•
.
•.-:-•

...........

~..

·.·&gt;~ -.·
~f.-•

..... -. • ... -

!
.._r;o,,

5.5
rights

.........,.._... .... .........

�•

•

3/5

meeting
travel

with

Lowell

Hispanic

PAC

4.5

4/5

meeting
travel

with Lowell

Hispanic

PAC

4.5

4/9

meeting
tr ,1 v c l

with

Hispanic

PAC

4.5

•

•

•
•

•
•
•

Lowell

111ccti11i.;1vith L.i\.0. org. of Lowell
BD. pres. re: seg. of Laotian students
i11 Lowell at Int'l
Inst.,
travel

4.5

4/16

meeting
travel

with Hispanic

4. 5.

4/17

meeting
at Int'l

Camb. Mi\/\ b&lt;l. members re:
Inst.

4/24

meeting with Executive Director
Theresa Theobald of Cambodian M.AAre:
segregation
issue,
travel

5.0

4/27

meeting

5.5

4/29

meeting with Camb. ~lAJ\ bd. members re:
May 6th School Committee meeting in Lowell
travel

4.0

4/30

meeting with Cam. MAAbd. members re: May
6th School Committee meeting in Lowell;
meeting with Camb. and Laotian parents
of
children
in segregated
or substandard
settings

4.0

5/3

door to door with Hispanic PAC members
meeting with parents·of
children
in segregated
substandard
settings

6.5

5/6

special
meeting of Lowell School Comm. at
Little
Theater,
H.S. re:
segregation;
meeting afterwards
with rep. of Hispanic,
Cambodian, Laotian communitiesserved as
Interpreter.
meeting in Lowell at Centro llispano
with parents
of Hispanic students
in seg •
settings;
prep. for School Comm. meeting,
on 5/13; review of data, etc. prep. of draft
of letter
summarizing ling. minority
concerns

5.0

5/12

with Lowell

PAC

Master

•
I

•

seg.

PAC, travel

4.5

9.9

�••

attendance
at School Committee meeting
re: desegregation,
travel
served as Interpreter
for Parents
mecti11g at City llall with Mayor, City
Manager , re:
desegregation
planning
travel

5.5

•

5/20

meeting with current
and former bilingual
program staff,
Rd. members of Camb. MAA
re:
list
of parent concerns;
revision
of
draft of letter
re; minority
concerns,
travel

5.5

•

5/22

meeting with Lowell Mayor (Chairperson
of
School Co™nittee) on behalf of ling. min.
comm. re:
dcscg.
, plnnning meeting with
reps. of linguistic
min. org.,
travel

5.5

•

5/26

planning meeting
prepare strategy
on 5/27, travel

with Hispanic parents
to
for School Comm. meeting

5.0

5/27

attendance
at School Committee meeting re:
descg.,
served as Interpreter
for Parents

5.5

':&gt;/28

meeting with ilispanic
deseg.
, travel

3.5

5/29

meeting

6/2

meetirig witl1 local NAACPcounsel re:
meeting with potential
Camb. plaintiffs,
comm. reps. at CMAA, planning
of strategy
for visit
by state
educ. commis. on 6/11,
travel
meeting of Lowell llispanic
PAC re: hearing
with Comm. of Ed.
attendance
at special
meeting of Lowell
School Comm, and then at public hearing
with State Commi. of Education re: deseg.
bilingual
issues,
served as Interpreter
for parents
two day conference
of linguistic
minority
parents
in Lowell, coordination
of worksl1ops,
for
Hispanic,
Laotian,
and Cambodian parents
and students
re: bilingual
ed.,parent
rights,
desegregation,
etc.

3.0

meeting of deseg. planning
task force,
Lowell School Dept. , travel
served as Interpreter
for Hispanic
Parents

5.0

5/13

•

5/15

•

•

6/5

•

6/11

6/27
6/28

•

7/8

•

•

...... ..
•

with

P/\C members,

Camilo re:

Lowell

c~:

deseg.

4.5

2.5

5.0
5.0

19.0

�•
7/15

3.0

attendance
at Lowell School Comm.
served as Interpreter
deseg. planning meeting,
Lowell

•

7/16
7/20

meeting with bilingual
special
program staff
re:
S.E. Asian
SPED concerns,
as Interpreter

•

7/22

meeting of deseg. planning group
compliance
issues in Lowell
served as Interpreter
meeting of deseg. planning group
filing
of suit in Lowell

re:

4.0

re:

3.5

8/12

meeting of deseg. planning group
Lowell , served as Interpreter

in

3.5

8/20

meeting
Lowell,

of deseg. planning group
served as Interpreter

in

3.5

8/26

meeting
Lowell,

of deseg. planning group
served as Interpreter

in

3.5

9/2

meeting

of planning

in Lowell

5.5

9/8

present
on opening day of school at
several
dif.J:e'rent sites
throughout
the
city to monitor regarding
potential
civil
rights
violations;
meeting with
Hispanic,
Cambodian, Laotian Comm.
Reps. re: repotrs
from each school
with large numbers of children

9/9

visits
to classrooms
schools with parents
and talk to teachers

9/16

meeting of planning group
and served as Interpreter

in Lowell,
for parents

5.0

9/30

meeting of deseg planning
also served as Interpreter

group in Lowell,
for parents

4.0

10/9

meeting with named llisp.inic Plaintiff
Alex Huertas and Ana Ocasio regarding
next steps in litigation
and breakdown
in student
transportation
system during
first
three weeks of school

4.0

10/19

attendance
at public presentation
by
State Ed. Comm. Raynolds at Lowell's
citywide
parent council re: deseg.
implementation
issues served as interpreter
for parents

4.0

8/5

•

•

•

•
•
•

.....

group

4.5

3.5

ed.
bil.

'

in Lowell public
to observe conditions

,..

7.5

6.0

�•
10/26

meetings in Lowell with Hispanic PAC,
Cambodian and Laotian communities

7.0

10/28

Lowell
served

2.0

deseg. planning meeting
as Interpreter
for parents

247.4

TOTAL 1987

•
•
•

1988

1/24

Lowell Hispanic
Meeting l/27

PAC , re:

School

Comm.

1/27

nttendance
at School
served as Interpreter

11/9

Attendance
at Lowell School Committee's
approval of settlement
agreement

Comm. Mtg.
for parents

3.0
3.0

3.5
9.5

TOTAL 1988

•
\

•

•
•
- .. ··-..
''!:-

··~

'

..

. ..
,.

�•
META EXPENSES

•

Publication

of Notice

Lowell Sun
El Mundo
WLLH

•

Total

$3,404.72
268.80
150.00

Publication

$3,823.52

Printing/Copying

•
•
•
•

Print

Shop

Total

Printing/Copying

•
•
•

$

265.63

$

882.97

$

394.55

&amp; Mileage

Travel

Camilo Perez-Bustillo
Nury Marcelino
Roger Rice
Isabel
Sanchez
Javier
Colon
Total

Travel

Telephone

Total

$611.80
108.90
65.40
69.59
27.28

&amp; Mileage
$394.55

Telephone

TOTAL EXPENSES

•

$265.63

$5,366.67

�•

•

•

•
VOLUNTARY
COMPLIANCEPLAN

•

PURSUANTTO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

•

•
LOWELLPUBLIC SCHOOLS

LOWELL, MA

•
October 28. 1988

•
,.

•

•

•
•

......

.

.

. .......
-,...... .

..

.. .

. .. .

-·

•

•

·.&gt;

•

. ..

. ~, .

. .•

.·~-·... , .

.- '

...

. .... ....

�.

\

.'
TABLE OF CONTENTS

•

Topic

Page

STATEMENT AND PURPOSE OF RESPONSIBILITY.

•

l .
2.

3.
4.

•

•

5.

6.
7.
8.

9.
10.
11.

9-12

Elementary
12.
13.
14.

15.
16.

17.

.....

K-8 grades

•

•

•

•

•

•

•
•

,.

•

•

•

•

•

•

l

•
•

•

•

•

•

•

•
•

•
•

•
•

l

•

•
•

•

•
•
•

•

•

•

•

•

•

•

•

•
•

.

•

...

....
...

•

2
5

. 10
. 13
13
14
16
19
20
21
22
24
26

• •

• • •

• •

• • 27

• .

.

.

• . 21

Chapter
I
...................
Bilingual
Early
Childhood
Education
Special
Education
...............
Vocational
Education
...........•..
Discipline
..................
Supportive
Staff
Positions
....•......

•

•

•

A.
Recruitment
and Hiring
...........
B.
Needs Assessment
.............
C.
Training
and In-Service
..........
Parental
Involvement
.............
Access
to Equal
Facilities
and Technology
Program Location
...............
Identification
of Students
to be Served
Exiting
and Post-Exit
Monitoring
........
Drop-Out
Prevention
and Recovery Services
Grades

•
•

Equal
Educational
Opportunity
...
Compliance
and Accountability
..
Transitional
Bilingual,
Two-Way, .
Demonstration
School,
Programming
for Literacy
Program
Administration
• • • • •
Overall
Staffing
Concerns
.....

•

.

.

......

.

28
29
30
34
34

37

�•
STATEMENT AND PURPOSE OF RESPONSIBILITY

•
The
Plan
•

as

Lowell

a consent
minority

compliance

with

Rights

and
•

(

of

71A,

related

the
the

the

federal
and

vocational

previous

Lau

Plan

standards.
with

the

Superintendent

revised

adopted

of

continued

state

law

VI of

Act;

regarding
..

compensatory,

updates

in

April
11,

Civil

Opportunity
Education

Plan

and

the

Bilingual

educational

Schools

and

insure

Title

on June

for

Compli~nce

and

modifies

1980

1987

practices

and

in

of

the

the

light

and

implementation

Act;

of

legal

this

Plan

rests

.

EQUAL EDUCATIONAL OPPORTUNITY
OBJECTIVE

•

All

•

1
students

in

which

of

national

race,

learning

the

Lowell

assures

a manner

residency

Task

•

and

responsibility

•

•

This

evolving

Final

and

Educational

provisions

last

to

federal

Equal

Lau

Department

intended

Transitional

Plan

circumstances,

School

education.

adopted

Voluntary

Constitution;

state

Desegregation

the

under

U.S.

State

this

students

federal

and

special,

current

and

obligations

1964;

Chapter

Voluntary
•,

legal

adopt

between

parents

including

Act

G.L.

Schools

agreement

linguistic

regulations,

e

Public

Public

equal

educational

sex,

origin,

shall

assigned

in

regardless

background,

multicultural,

community.

be

opportunity

language

,.

a- d.esegregated,

in

Schools

or

pluralistic

•

1.1.
Bilingual

and

assigned

to

followed

by the

special

education

appropriate
assignment

program

clusters
of

at
all

students

appropriate

other

students

are

to

be

settings,
by means

of

�•

.

'

- 2 -

•

centralized
the

percentage

(plus

•

or

of

assignments

are

and

school

subject
Plan

annual

reflects

the

school

system

programs.

basis

to

otherwise

This

reflect

Bilingual
of

1988

school

in

provisions

28,

each

bilingual

system.
to

not

minority
of

on an

that

a way

inclusive

the

Desegregation

such

majority

revised

percentages

Compliance

in

10%)

is

the

current

student
the

modified

Voluntary

by this

revised

Lau

Plan.

COMPLIANCE AND ACCOUNTABILITY
OBJECTIVE

2

To assure
laws,

•

system-wide

regulations,

opportunity
Task

Project

direct

line

other

program

federal,

regarding

minority

state,

equal

and

students.

(Desegregation

authority

over

staff,

and

coordination

the

of

Coordinator)
Bilingual

with

the

and

will

Program

among

special

have

Supervisor

responsibility

services

compensatory,

Project

directly

of

and

assuring

bilingual,

education

programming.

Dire~tor
to

the

r

will

have

Superintendent

responsibility
regarding

for

reporting

linguistic

minority

•

equity

compliance

Superintendent's

•

Education
Task

local

educational

2.2.
The

•

with

policies

linguistic

Director

monolingual,
Task

and

for

appropriate

•

compliance

2.1.
The

•

•

of

minus

percentage

•

•

enrollment

October

issues,

and will

representative
Sub-committee

of

to
the

continue
the

Lowell

to

Mayor's
School

serve

as

the

Bilingual
Committee.

2.3.
There

shall

Sub-Committee

be

a Mayor's

convened
(BESC)

to

the

Lowell

Bilingual
School

Education
Committee.

The

�••••

October

- 3 -

•

members

•

shall
by the

Mayor

minority

parent

plaintiffs

To assure

l

1
1

•

The

membership

composition

Bilingual

1.
2.
4.
5.
6.

7.
8.
9.

•

The

Officers

The

Project

June

1st

linguistic

representatives
basis

the

Master

be

expanded

equity

PAC for
to

pf

•

minority

in

Committee

Transitional

include:

the

new Master

will

be

PAC for

all

of

the

Transitional

above

in

addition

to

the

of

..

.

the

Master~PAC

.

Director

of

will

be

-

members and
each

throughout

year
the

and
year

will

elected

responsible

.

assuring

are

PAC meets

the
plan

annually.

for

representatives

that
to

be

and

at

assure

that

the

designated

by

least

per

once

implementation

of

-.

equitable

•

of

described

month
'•

with

School

composition:

above

•

the

Designee
of Lowell
School
Committee
Transitional
Bilingual
Education
Supervisor
Project
Director
Officers
and elected
representatives
of each Sub-PAC
minority
representative
from University
of Lowell
minority
representative
from Middlesex
Community
College
representative
from City
of Lowell
Bilingual
Library
Bilingual
Department
Head
Bilingual
Program
Facilitators

3.

•

will

Education

present

•

meet

on a monthly

with

Education

will

of

1988

Representative
of Citywide
Parent
Advisory
Committee
Representative
of bilingual
program teachers
LAU Testing
and Assessment
Specialist
Citywide
Guidance
Director
(as needed)
Director
of Special
Education
(as needed)
Director
of Chapter
I (as needed)
Representative
of Northeast
Regional
Office,
State
Department
of Education
(as needed)
Representative
of Teachers'
and/or
Supervisors'
Union (as needed)

1
1
1
1
1

•

and

compliance

requirements,

•

representatives

selected

Bilingual

..

include

28,

in

the

needed

linguistic
Master
input

PAC membership
from

programming.

minority

varied

will

sectors

take
of

the

Any

into

future

changes

consideration

school

system,

broader

�•

'

.,

..
- 4 -

•

community
public

•

Task

speakers.

the

first

This

the

within

and

of

Committee

Sub-committee
from

regarding
the

shall

this

PAC shall

include

Master

1988

be open

invited

PAC shall

plan's

of

will

parents,

compliance

g~ests
meet

for

adoption.

direct

Schools

aspects

of

suggestions

staff

and

and evaluate

and

the

Agreement.

receive

students,

of

monitor
all

this

also

issues,

Superintendent

be to

regarding

implementation

and

and

c~mmunity

these

to the

accompanied

attention

by suggestions

for

f :
I

appropriate
the

action

first

step

•

of

said

.

in

disagreements

The Superintendent's

process

arise

of

dispute

regarding
shall

disagreements

consideration
resolution

if

by the

be determined

and/or

Final

implementation.

will

be

when

resolution

School

Committee.
Task

•

2.5.
The Deputy
the

Superintendent

effectiveness

efforts

of

on both

staff

a systemic

of Personnel

will

review

development

and

in-service

and

individual

school

and monitor
training

basis,

each

year .
Task

2.6.

•

The Project

Director,

Education,
shall
available

•

30 days

Master
to

organized

purpose

School

complaints

of

•

the

may be expanded
newly

Sub-committee

Mayor's

•

of

28,

2.4.

planning

•

Meetings

and

time

advise

•

region.

meetings,

and

The

•

and

October

Supervisor

LAU Testing

ensure

that

by June

the
30th

of

&amp; Assessment
following
of each

data
year:

Transitional
Specialist
be compiled

Bilingual
and Master
and be

PAC

�•
- 5 -

•
•
•

•

a •

number
Public

b.

results
of academic
curriculum-referenced,
language
proficiency

of linguistic
School
program

English

and/or

d.

drop-out

rate;

e.

promotion

rate;

f.

suspension

and

g.

graduation
data
higher
education;

h.

academic
exiting

i.

number

j.

for special
education
students
that
data
specified
special
education
section,
infra,
as well
as data
regarding
movement
in program
by prototype;

k.

names,
national
origin,
native
background
of all
transitional
professional
and paraprofessional
certification
and waiver
status
taught
by each.

OBJECTIVE
The

expulsion
and

native

rates;

rate

of

matriculation

at

institutes

of

progress
in monolingual
programs
following
from Transitional
Bilingual
programming;
of

students

serviced

by native

or

ESL tutors;
in

language
and cultural
bilingual,
Two-Way and ESL
staff
including
their
and levels
and/or
subjects

BILINGUAL, TWO-WAY, DEMONSTRATION SCHOOL,
PROGRAMMING FOR LITERACY

3
Lowell

Education

•

including
skills,

1988

Lowell

rate;

TRANSITIONAL

•

testing
basic
testing;

each

absentee

•

•

minority
students
in
and type
of program;

28,

C•

•

•

October

and

Public

Schools

Program

Portuguese

for

limited

initiate

Transitional

language

grou~s

systemwide)

Spanish,

Cambodian,

numbers

.

(20

students,

Education
of

Bilingual

Laotian,

English-proficient
Bilingual

as

a Transitional

programs

a particular

Vietnamese
and
for

linguistic

will
other
group

warrant.

Native

language

of

incidence

low

.

provide

and

E.S.L.

populations

tutors
(under

provide
20

services
systemwide).

to

students
Students

�•
- 6 -

•

in

the

Transitional

literacy
their

•

in

include

transitional
Native

total

services

enrollment

is

less

••

as

that

as a second

linguistic
than

and ttudy
of the
71A.

opportunities

as

to

language

required

shall

by state

Language

minority

twenty

1988

in

(ESL)

students

the

Lowell

be open

to all

Public

Schools.

students

on the

broadly

consistent

concerns.

•

English,

as A Second

to

28,

develop

GL Chapter

education

and English

Multilingual/Multicultural

•

Mass.

as well

in

well

meaningful

bilingual

provide

as

as

with

in English

language

will

whose

and history

to provide

literacy

tutors

•

intended

Program

as well

in compliance

develop

law.

Education

home language
culture

States,

Programs

•

the

people's

United

Bilingual

October

basis

of

with

both

racial

and

systemwide

equal

be scheduled

in

these

students'

needs

take

to

linguistic

criteria

education

shall

such

opportunity

a manner

other

as

to

required

in English.

Multilingual/Multicultural

programs

according

schedule:

1.

shall

Courses

accommodate
courses

programs

to

the

following

The Robinson
for

grades

School's
5-6

will

shall

be developed

Two-Way program
be,. expanded

to

(Spanish-English)

include

grades

7-8

by

September .. 1"989.
2.

A Two-Way p~lot
will

•

be ~•tablished

September
3.

conjunction

University

·at

the

Reilly

School

for
to

grades
begin

1-4

in

1988 .

A demonstration
in

program ~Spanish-English)

school,
with

of Lowell.

the

grades
College

Pre-K-3

will

of Education

The demonstration

be established
of the

school

will

be a

�•

- 7 -

•

city-wide
of Lowell

•

to

the

school

will

and perhaps
Khmer,

cultures.
It
implementation

have

others

Spanish

Hispanic

and will

and English

and Cambodian

expose

the

languages

I

students

and respective

will open in September 1989 contingent
by the University
of Lowell.

on

Multilingual/multicultural
programs will be established
at
other
schools
by the Principal,
staff,
parents,
consistent
with the principles
of the central
enrollment
plan.

5.

However, in all such cases,
the Principal
have the final
decision
in adopting
and/or
program .

6.

All newly
construction

constructed
schools
under the
plan shall
be designated

multilingual/multicultural
Bilingual
Education

•

consistent
7.

•

with

and staff
retaining

reimburse~

state

requirements.

school
under the
shall
be designated

multilingual/multicultural

school

multilingual/multicultural

program.

of this

school

will

state-reimbursed
a

with

a two-way

One of the

language

be a Spanish-English

This school will be planned
in a manner consistent
desegregation
requirements,
as well as involvement
respective
parental
representatives
and staff.

•

shall
said

schools
with Transitional
programs provided
in a manner

desegregation

A newly constructed
construction
plan

components
curriculum.

Task

1988

4.

•

•

28,

magnet,
located
on the grounds
of the University
and managed by its College
of Education.
The

demonstration
students

October

with
of the

3.1.
r

The Superviaor,ot
Transitional
Bilingual
Education
programs
shall
coordinate
Transitional
Bilingual
Education
programs
which shall
be located
throughout
the Lovell
Public
Schools
appropriate
desegregated
environments.

•
•
•

. ....

Task

in

3.2 .
The Supervisor
coordinate
the

of Transitional
Bilingual
planning
and development

multilingual/multicultural
the Lowell Public
Schools

programs
.

that

Education
of

will

may be instituted

in

�•
October

- 8 -

•

Task

part

of the

Task

above-described

school

program

year

as

planning

fundamental

development

objective

the

approaches

including

children's

the

interests

children's

will

as

through

language-based

experiences,

in

their

of literacy

whole

and

literature,

have

both

approach

as well

English

and

as

one other

language.

•

3.5.

In-service

training

language
each
Task

techniques

program's

All

Lowell
part

funds
Task

in multilingual/multicultural
shall

be provided

whole

prior

to,

and during,

implementation.

3.6 .

as

Public

Schools

of their
are

are

Chapter

available

developing

multicultural

636 proposals

to the

programs

extent

that

these

.

3.7.

All

linguistic

minority

students

served

by the

Lowell

Public

r

Schools

shall

program

in which

comparable
provided

in

b~.entitled

assessment

make appropriate

they

size,

in the

Superintendent
needs

•

the

community-based

programs

quality

Task

•

throughout

J

Any new Two-Way Bilingual

various

•

•

be consulted

3.4.

utilizing

•

PAC shall

process.

•

•

1988

3.3.

The Master

•

28,

to curricular
are

en~olled

scope,

standard
shall

in this

which

sequence
monolingual

within

the

area

recommendations

of

offerings

first

equal

and quality
program.
three

program
to

are

the

in any
and

to those
The

months

undertake

implementation
School

Committee

and
•

a

�•••

- 9 -

e

Task

28,

1988

3.8.
All

•

October

linguistic

minority

Schools

shall

norms.

Students

instruction

students

be placed

served

according

who are

Lowell

to age/grade

eligible

and supportive

by the

shall

services

Public

appropriate

receive

supplemental

regardless

of English

proficiency.
•

Task

3.9.
By April

15 of each

of Transitional

•

the

student

•

Education

so as

transportation,
or other

Director
shall

and Supervisor

initiate

of programming

a review

fo~ all

linguistic

to eliminate

inequities

related

insufficient

staffing,

inadequate

factors

disproportionately

of

to

impacting

such

students.
3.10.
At Lowell

High

in

2 categories:

a.

Through

•

9th,

School,

the

etc.).

assessment

•

direct

language

normal
These

students

of the

intervention

As new entries

•

School,

students

process
are

their

(i.e.,

Student

Support

by teachers,

are

8th

and are

11)

to

the

counselors,

or

MICAS staff,

.

into·the

school

these

students

will

documents

for

completeness

complete

grade

Team mechanism

system

be subject

and Lovell
to the

steps:
1) check

received

in a continuous

classrooms

,.

and administirators.
b.

minority

promotion

mode through

beneficiaries

•

Project

and structure

students

facilities

Task

•

the

Bilingual

scheduling

minority

year,

LAU form,

language

and relevancy;

dominance

testing;

High

following

�•••

October

- 10 -

•

iii)

have

iv)

Task

3.11.
These

plans

call

for

courses,

support

or tutoring

a range

including

from prior

steps

of appropriate

programming

to alternative

and/or

college-oriented

and supplemental
as well

on input

English

language

or community

developmental

as an ongoing

relationship

with

3.12.
Linguistic
shall

minority

be entitled

and

offered

their

students

with

limited

English

to satisfy

High

School

graduation

through

ESL content
in the

previously

satisfactory

area

courses

attained

area

towards

the

standard

secondary

home country

content

completion
substantially

monolingual

and/or

satisfaction

credit

their

shall

native

also

of these

proficiency

of native

language

equivalent

curriculum.

level

in

instruction

Such students'

for

courses

language

be taken

into

graduation

to those

taken

or via
account

requirements.

r

•

PROGRAMADMINISTRATION
•

OBJECTIVE 4

•

based

language,

counselors.

requirements

•

native

placement

arrangements

1988

assessed;

regarding

curriculum

college

adult
Task

shall

standard

work-study

•

•

records

take placement
tests
language,
math;

from

•

•

academic

v) GUIDANCE - DESIGNS program
and implements
placement.

•

•

prior

28,

The delivery

o·f educational

linguistic

minority

the

system,

school

programming
and

children
and

as well

Transitional

shall

and supportive
shall
include

as appropriate

Bilingual

Education

services

be coordinated
equal

access

to
throughout
to all

multilingual/multicultural
programs.

ESL

in

�October

- 11 -

•

Task

delivery

services

for

bilingual

of

for

shall

Transitional

addition

the

the

the

for

Khmer

Assistant

Services.

language

other
of

the

programming

Supervisor

of

Education.

Spanish
one

(1)

one

(1)

Transitional

Parent

Bilingual

assigned

to

(1)

a Lau
liaisons

half-time

for

Advisory

(1)

Facilitator

for

for

the

Facilitator

for

&amp; Assessment
Spanish,

Council

Cambodian

Coordinator

program,

Guidance

(1)

one

Coordinator

Testing

Education
the

one

Curriculum
one

Bilingual

minimum include

at

component;

component;

Home/School

Transitional

shall

component;

Specialist;

of

staff

component;

Portuguese

Liaison

Supervisor

the

Asian

Laotian;

•

outside

by the

&amp; Instruction
and

supportive

and

be overseen

responsibility

supportive

Southeast

•

be the

to

Facilitator

Task

inside

bilingual

Bilingual

Education,

•

of

and

•

4.2 .
In

•

shall

Curriculum

supervision

services

educational

minorities,

programming,

Direct

•

coordinated

linguistic

Superintendent

Task

1988

4.1.
Overall

•

28,

and

for

one

(1)

and
the

Khmer

Department.

4.3.
Each

Facilitator,

each

major

level

shall

and

Curriculum

program

Supervisor

component
•

be primarily

implementaEion,
for

Coordinator,

and

at

the

elementary

•

responsible
shall

Transitional

Department

for

report

and

Bilingual

development

to

Education

for

secondary

curriculum

regularly

Head

the

regarding

such

efforts.

•

Together
and

this

monitoring

personnel
bilingual

will

be responsible

materials

for

procurement
_

1

...

,

..

1

__

coordinating
and

__

..,

··--

development
_,e

�•

- 12 -

•

culturally

and linguistically

materials

which

•

•

personnel

will

Bilingual

Education

Each

school
for

provided
Task

•

_.,

staff

linguistic

structure

shall

adoption

pursuant
set

group.

The

of Transitional

issue

will

minority

in the

on a regular

ensure

students

to
forth

administrator

Advisory

Committee

case

having

bilingual

that

in

basis.

all

their

in the

necessary

school

be

Plan.

,erved

For other

students,

continue

one community

the

the

two experts
representative

of bilingual
Selection

tvo

Parents

parent

Advisory
positions

Personnel

Plan's

Selection

one parent

Council.
in schools
Advisory

representative

bilingual

program(a)

of that

administrator

positions

effecting

_PAC shall

The Personnel
to consist

at least

least

in the

Master

case

Personnel

Master

,.

of this
and hiring

administrative

at

central

months

In the
the

include

include

administrative

recruitment

positions,
shall

program's
three

overall

programs,

shall

representative.
shall

the

of school-baaed

language(~)

school.

within

named by the

In the

the

Bilingual

be filled

program

two parents,

~

or racial

negative

4.5

all

•

this

avoid

•

.

Committee

•

multi-cultural

shall

Supervisor

regarding

Administrative

representatives

•

to the

1988

instructional

Lowell's

materials

28,

Task 4.4 .

guidelines

•

such

report

Each new position

•

reflect

of members of any ethnic

services

•

All

stereotypes

appropriate

positively

characteristics.

October

noainate

Selection

of tvo

from outside
.

one

Advisory

teachers,
the

from

Committee

two administrators,
school

system,

and

�..

-,

'

October

- 13 -

•

28,

1988

OVERALL STAFFING CONCERNS
•

OBJECTIVE 5
The overall

•

in the

goal

Lowell

qualified
will

•

of personnel

Public

Schools

and trained

·equal

shall

staff.

qualified

administrators.

employer

and training
a fully

A determined

minority

The Lowell

opportunity

hiring

be to obtain

professional

be made to obtain

and/or

recruitment,

staff

School

effort

personnel

Department

is

an

•

•
A.
Task

state

requirements

law shall
by the

National

Teachers

statue

passed

the

contravene

•

Task

J

Public

personnel

the

for

Reliance

on the

teachers

NTE shall

retroactive

level

of Schools
the

by

cease
status

be granted

seniority

employee

bargaining

will

in non-permanent

on the

that

imposed

bilingual

placed

..

those

the

bilingual

permanent

any collective

in

Schools.

teacher•

and accorded

to

and
so long

and they

above

does

as

have
not

agreements.

5.2 •
Where there

shall
j

for

by the Superin;endent
.
State Testa,
provided

professional

•

additional

of reliance

pay at

recommended

hiring

Examination

because

prospective

•

Lowell

Bilingual

upon hiring
permanent

for

be applied

programs

immediately.

•

and Hiring

5.1.

No local

•

Recruitment

overall

are

two or more equally

position

be selected
staff

in the

which

bilingual

contributes

representativeness

qualified

candidates

programs,
the

described

that

moat to assuring
above.

for
candidate
the

a

�•
October

- 14 -

•

Task

hiring

staff,

multilingual/multicultural
there

shall

the
Task

program

a preference

at

issue

program

of

the

linguistic

The

supervise

such

in

the

minority

language

groups

and

served

by

be interviewed

shall

selection

committees

Personnel,

Principal

case

the

Deputy

be served

to

of

for

the

composed
and

of

school
the

Deputy

PAC representatives

(and Master

PAC

multilingual/multicultural

Superintendent

for

Personnel

for

minority

shall

interviews.

5.5 •
Recruitment

procedures

be developed

by the

conjunction

with

linguistic

minority

procedures

shall

parents

assure

of

and

collalunity
outreach

B. Needs

shall

Personnel

in

Education
by

organizations.
to

linguistic

network,

and if

feasible,

winority

students.

r

linguistic

for

Bilingual

specific

media,

personnel

maximum participation

PAC with

communi~iea,

home countriej

Superintendent

Transitional

Master

and

linguistic

Deputy

the

Supervisor

minority

Task

hiring

proficient

linguistic

groups
in

programs).

•

the

staff

for

representative

•

fully

bilidgual

•

by personnel

Superintendent

Task

of

for

transitional

5.4.

level

•

or

staff

background

Bilingual

•

be

bilingual/bicultural
cultural

•

1988

5.3.
In

•

28,

Such

to

Assessment

5.6.
Each

year,

Personnel

by February
in conjunction

1,

the
with

Deputy
the

Superintendent

Supervisor

of

for
Transitional

the

�•••

October

- 15 -

•

Bilingual

Education

Personnel

Needs

and

•

a.

•

programming

b.

of staff

available

needed

in

of changes

broken

down by each
provided,

extent

•
Task

•

for

of supportive

of staff

population

program

be classified

served,

or supportive

this

needs

year's

basis

procedure

is

will

request

throughout

be incorporated

in

terms

training,

in

which

shall

estimates

an on-going

and

training;

inservice

a regular

or

of qualifications,

assessment

budget

objectives,

by certificated

nature

additional

enrollment

the

into

of specific
light

of

be reviewed

summer and school

on

year.

process.

5.7 •
Questionnaires

and meetings

implementation,
shall

•

as

to number

in student

instructional

also

projected

This

as well

compared

status,

school

hiring

•

shall

of

a

and by school;

of need

results
next

•

light

staff

undertake

multilingual/multicultural

programs,

number

said

PAC shall

1988

to determine:

non-certificated

C•

and Master
of the

bilingual

service

•

Assessment

transitional

services

Programs

28,

staff

be conducted

teachers,

program

Results

of these

taken

needs

into

Assessment

and

each

evaluation

January

training

needs

parents,

and June,

as

classroom

part

of

and m~nitoring.

questionnaires

and consultations

and incorporated

budget

and

program

minority

,.

account

bilingual

assessment,

among linguistic

and -~~rsonnel

overall

regarding

request

process

into

the

described

shall
Personnel
above •

be
Needs

�•
October

- 16 -

•

Task

for

February
the

prior

of the

master

implementation

with

training

the

and

there

reque~ts

shall

overall

be a special

program

following

school

year •

In-Service

1988,

This

coursework
will

credit

University

and

and conducted

sources

English

for

Public

Schools

shall

higher

education

satisfy

student

expertise

with
This

with
the

with

program

and

in bilingual

other

education

The Lowell

appropriate

supervision

and other

the

the

College,

instruction.

Language

to provide
teaching

personnel

Community

contract

as necessary.

certification.

Middlesex

as a Second

and offered·

thereafter

in conjunction

of outside

in conjunction

education

participating

necessary

of Lowell,

available

of higher

provide

year-round

be developed

1990 and 1991 and

will

be planned

summer and

will

institutes
1989,

program

planned
program

appropriate

during

•

for

Training

carefully

in-service

•

programs,

budget

5.9.
A systematic,

,..

of the

PAC to review

and needs

C.

•

submission

bilingual

•

institutes
necessary

of
to

internship

professional

r

•

requirements
Task

under

certification

standards

•

•

in-service

Personnel
\

state

5.10.
This

bilingual

program

Needs

The program
required

•

to the

district's

meeting

Task

1988

5.8.
Each

•

28,

all

education

shall
waivered

take

conducted

Assessment

offered

for

shall

be open

into

pursuant
to all

or grandfathered

or ESL.

This

account

program

the
to this

school

Plan.

personnel

personnel
shall

annual

and

in

be offered

by

�•·
October

- 17 -

•

the

qualified
the
1.

2.

•

of Lowell,

expert

following

languages;
about

limited

adaptation

6.

proficiency

school-community

concerning

of those

of student
the

needs

with

with

limited

of those

to meet the

needs

in English;

proficiency

parents

in English

issues
conduct;

in English

and educational

the

students

in English;

proficiency

of identification

proficiency

•

meeting

limited

of students

advancement

have
•

in the

of curriculum

with

limited

7.

diagnosis;

of students

and methods

with

of improving

relations;

of knowledge

about

Bilingual/English

legal

requirements

as a Second

Language

education;
8.

•

limited

of working

•

should

and cultural

handling

for

methods

skills

in English,

methods

students

purposes

It

backgrounds

and utilization

assessment
for

cultural

appropriate

with

or by other

personnel.

language

proficiency

instructional

of those

•

the

to the

1988

components:

appropriate
knowledge

of Education,

education

of teachers'

students

5.

higher

minimal

related

4.

College

improvement

with

3•

•

University

28,

theory

and practice

of transitional

bilingual

and

,.

multilingu~l/multicultural
9.

whole

language

education;

approaches

•

to literacy

•

Task 5.11.

•
•

The only

teachers

training

program

who may be exempted
are

those

who by the
of a plan

school

year

submit

evidence

course

work

credit

necessary

for

from

the

above-described

beginning

of the

to otherwise

certification

1988-89

obtain

in their

the
area

by

�•••

October

- 18 -

•

1991-92.

Substantial

experience

and competence

requirements

•

and the

Task

•

either

the

shall

result

in-service

and individual

of significant

progress

training

study
'

training

progress

towards

program

in termination

towards

from

completion

of

or an individual

employment,

absent

plan
a showing

cause.

This

in-service

days

and hours

program
per

certifiability
Schools

shall

be conducted

day necessary

by participants

will

teachers

request

in-service

program

The Lowell

School

bilingual
as

for

to provide

of the
program

soon as

is

the

the

by 1991-92.

extension

in the

number
for

basis

The Lowell

current

possible

Public

waivered

pending

of

status

completion

of this

•

5.13.

in-service,
1988-89
level

•

to academic

5.12.

of

•

measurement

to demonstrable

equivalent

systemwide

to make appropriate

of good
•

as the

be given

1988

completion.

Failure

•

shall

in developing

programs
their

weight

28,

citywide
school

conducted
Individual

annually
..
school
to the

Six
the

of the
needs
r

three

coordinated

nine

nine

workshops
will

during

be at

the

of each

asaessment

will

be addreasing

~hat

1taff

the

school

individual

system

will

development

wide
be

•
plans

for

Professional
for

be conducting

development

It -is _anticipated

Superintendent
properly

year.

The remaining
..

concerns.

will

staff

and addressing

school.

advance

Department

Personnel
with

such

training

Development
who shall
overall

shall

be submitted

Committee
ensure

systemic

in

and Deputy

that

they

are

efforts ■
.....

�October

- 19 -

e

Task

•

28,

1988

5.14.
The

Deputy

Superintendent

the

delivery

and

principals

of

for

Personnel

training

coordinated

regarding

shall

ensure
•
administrators

system

to

linguistic

plan

and

issues

minority

•

PARENTALINVOLVEMENT

•

OBJECTIVE 6

•

To assure

effective

linguistic

community

involve.ment

decision-making,

in

minority

providing

regarding

parental,

support

linguistic

student,

to,

and

minority

and

in

services

and

concerns.
Task

6.1.
Full

compliance

parental
support

with

federal

involvement
and

currently

in

funding

of

provided;

and

state

linguistic
Parent

requirements

minority
Advisory

involvement

of

governing

programming;

Councils
other

(PACs)

as

community

••

organizations

such

understandable

•

parents,
Task

assistance

mutual

communication

Advisory

in

Councils,

and

associations;

native-languages
community

and
with

these

organizations

•

6.2.
All

•

as

School

parents
provided

Department

fro ■ t~o••

groups

. ..

shall

be

communications

in

ro

English

to

which
and

linguistic

Bilingual
in

native

minority

services

language

are
by way of

•

written
minority

••

translation

parents

faith

effort

which

Bilingual.

to

and/or
of

oral

mainstream

provide

such

services

are

interpretation.
students,

there

translation
provided

For

into
•

shall
languages

linguistic
be a good
in

�•·.
October

- 20 -

•

Task

School

proficient
the

Committee

linguistic

necessary

compensation,

Lowell

to

to provide

•

of voluntary

insure

in which

services

The Master

•

minority

facilities

equal

unequal

•

students

are

in quality

and shall

at

facilities.

services

by

without
participation

by

provided

are

PAC shall

by the

make arrangements

AND TECHNOLOGY

to

entitled
those

no time

otherwise

hallways

or portions

services

to such

shall

atudenta.

for

ratio

monolingual

linguistic

be adequately
for

shall

Each

in

in separate,

for

appropriate

of hallways

maximum student-teacher

utilized

utilized

programming

and

to be placed

be segregated

Facilities

educational

sound-proofed

instruction.

be used

bilingual

permitted

for

class

No

providing

up to the

by state

law shall

No two bilingual

or ESL

be

r

•

housed

in a separate

classes

shall

team-teaching

Task

classroom.

simultaneously
ii

•ahare

permissible

a aingle

classroom,

when appropriate

although

•

7.1.
The Project
Education

r,

be provided

above •

Linguistic

minority

•

•

OBJECTIVE 7

students,

•

shall

translators,

ACCESS TO EQUAL FACILITIES

•

there

maximum effective

Schools.

the

parents,

by non-English

and interpretation

of languages
Public

attended

minority

a pool

speakers

meetings

translation

establishing

•

1988

6.3.
At all

•

28,

Director,
and Master

implementation

Supervisor
PAC will

to asaure

of Transitional
regularly

compliance

with

Bilingual

monitor
the

program

above-described

�•••

October

- 21 -

28,

1988

•'

!

•

Task

7.2.
The Assistant

•

Superintendent

Services,

Supervisor

Programs

and Master

linguistic

•

language
not
whole

•

to

language

also

purposes,

school

a fair
the

but

shall

rather

should
This

reflect
shall

and procure

hardware.
shall

be equally

distributed

system •
and multilingual/multicultural

share

School

native

Such instruction

adapt,

bilingual

throughout

and their

to develop,

and software

have

English

efforts

computers

that

to

approaches.

Existing

shall

to ensure

pedagogical

and additional

'

Education

access

and as needed.

software

Transitional

monitor

in both

necessary

the

Bilingual

have equal

remedial

and Instruction

and other

positive

throughout

•

students

as appropriate

include

•

PAC shall

instruction

be limited

Curriculum

of Transitional

minority

computer-assisted

for

of such

programs

technological

resources

System •

PROGRAMLOCATION

•

OBJECTIVE 8
Programs

serving

in locations

•

chosen

Superintendent.o~
Transitional
Task

•

ainority

as a result
Schools,

~!lingual

students

shall

of planning

~he

Project

Education
•

by the

Director

Supervisor

be placed

and the

•

8.1.
Locations

•

shall

desegregation
parental

•

linguistic

equal

be chosen

which

requirements;
involvement,

educational

assure:

a) compliance

b) maximum access

and c) implementation
opportunity

objectives

for

effective

of system's
•

with

overall

�October

- 22 -

•

Task

28,

1988

8.2.
Location

of all

Committee

.

must

classes

be approved

by the

Lowell

School

•
IDENTIFICATION OF STUDENTS TO BE SERVED

•

OBJECTIVE 9
All

students

of linguistic

proficiency
federal

•

entitled

Task

to

•

entitled
lists"

shall

under

be promptly

and

such

shall

services

in any other

be placed

deprived

manner

on

of their

right

services.

students

entitled

of services
at

the

proficient

in

their

This

staff

to services

shall

upon registration

enrollment

Home Language

Parent

shall

through

Information

home language,

Survey

required

fully

be identified

inform

by trained

as well

each

in

centralized

Center

by state

as

staff

as by means

of the

law.

such

students'

parents

of

r

•

their

right

contact
personnel
Task

t~-~ppropriate

with

and shall

services

the .bilingual

p~ogram

liaison

refer

them

or other

in

bilingual

•

9.3.
Students
tested

•

instruction

language

English

9.2 .

need

•

limited

and served.

to
nor

appropriate

All

•

with

9.1.

"waiting

Task

origin

law and regulations

identified

No student

•

to native

and state

appropriately

minority

thereafter,

in need
for

their

of appropriate
English

placement

language

proficiency

by appropriately

services

shall

upon registration
trained

staff,

be
and
on valid

�.
.

'•

- 23 -

•

language

proficiency

will

be assessed

classroom

teachers

within

a reasonable

time

after

placeme~t.

LAU Testing

&amp;

•

measures

their

appropriateness

achievement

10 days

of placement,

measures

administered

.

language
in their

native

by means of valid
by appropriaee

services
language

written

trained

shall

and/or

be

within
oral

staff.

9.5.
reasonable

effort

document

the

by means

of school

in

family's

their

prior

will

as well

possession.

case

from

Rico.

In the

through

appropriate
the

island's

means of available

nature

computer

will

will

prior

communication

work

be

schooling

requests

for

be vigorously

of Public

students

and of children

instance,

information

fully·

of school

efforts

children

latter

Department

of newcomer

of such

of refugee

to promptly

as evidence

Special

the

in the

other

experiences

records

to identify

Puerto

be undertaken

schooling

experiences

and

•

by the

of appropriate

academic

undertaken

•

for

in need

for

Every

•

be monitored

Specialist

students

tested

Task

shall

by

9.4.
All

•

1988

Native

Assessment
Task

28,

measures.

These

•

October

pursued

Instruction,
and

records

and by

information

networks.

•
•

•

Task

9.6 .
The nature

r

..
of pr~or

assigning

newcomer

providing

additional

■ chooling.

students

will

be taken

to appropriate

supportive

services

into

account

programming,
as necessary

•

in
and

in

�October

- 24 ,

•

1988

..

EXITING
OBJECTIVE

•

program
with
the

shall
until

•
Task

appropriate
child's

and

testing

results

Pupil

transitional

be fully

documented,

on file

and

cumulative

paragraph

3,

in

and

the

shall

opportunity

attend

those

office.

placed

by

Teams'

by all

Bilingual

The

in

each

603 CMR 1405,

cases,

all

convened

to

signed

are

In

been

These

recommendations
folder.

bilingual

Team has

Study

representative.

placed

prevail.

10.1
from

the

program

at

the

include

language

proficiency

staff,
for

as

and

pursuant

criteria

c)

to

to

of:

a)

criteria

and

native

b)

counselor,
input.

These

English

achievement;

parental

be

Team meetings.

guidance

these

criteria

Study

and academic

by teachers,

and

Students
shall

Chapter

.

by Transitional

•'

shall

berreviewed

!ilingual

and

be reviewed

Education

modified

Supervisor

on at

as
and

appropriate

LAU Testing

•

&amp; Assessment

•
•

Task

on a regular

Specialist

basis.

10.2 .
Data

regarding

from

the

reported
Education

each

bilingual
to

the

student
program

Project

Supervisor

in

exited
each

or
year

Director

by

January

and

partially
shall

the
June

integrated

be

compiled

Transitional
of

each

I

readiness

basis.

an annual

Specific

pupil

&amp;

LAU Testing

by the

on multiple

measurements

valid

needed;

exiting

least

based

Bilingual

criteria

be overseen

shall

Specialist,

recommendations

•

the

and/or

student's

discussed

•

from

to

shall

Assessment

•

MONITORING

notification
parent

present,

Exiting

,;

be exited

a Bilingual

proceedings

•

AND POST-EXIT

10

No student

•

28,

and
Bilingual

year.

�•
e

- 25 -

Task

the

•

controlled

Task

receiving

Transitional

described

in

bilingual

tutorial

and

remedial

reading,

•

in

the

•

entitled

to

a school

where

Education

choice

•
Desegregation

Voluntary

Desegregation

program
other

he/she

had

services
Plan

been

as

as

amended,

or

•

students

supportive
if

will

receive

services

such

follow-up
as

Chapter

I and/or

needed.

bilingual
lower
without

with

they

the

have
the

program
or

for

the

of

is

exiting
Pupil

presented.
the

appeal

to

upon

be held

to

If

Bilingual
the

back

or

Team

at

which

the

parent

Pupil

basis

Study

Superintendent

or

lateral

Study

participation,

fully
of

shall

a Bilingual

parental

decision

right

student

same grade

the

convening

recommendation

disagrees

of

grade

opportunity

such

Team,

for

review

decision.

10.6.
Bilingual
students

Pupil

.

Study

,

experiencing

teams

of

exiting.

initial

participate

in

r

Teams shall
difficulty

,

monitoring

Specialist
.

to

the

is

10.5.

for

Task

under

Bilingual

their

program

bilingual

process

Voluntary
of

Exited

with

•

1988

10.4.

mainstream

•

the

school

placed

•

the

be assigned

to

No transitional

.,

from

choice

either

another

•

exited

student

Plan,

Task

28,

10.3.
Each

•

October

shall

these

monitors

be

.

in

progress

the

for

exited

mainstream.

be given

shall

meetings.

convened

at minimum within

convened

Parents

the

be

The
of

the

LAU Testing
all

exited

Such
one

year

opportunity

&amp; Assessment
students

•

to

�•
•

•

Task

•

standards

developed

together

Principals

and

standards

and

beginning

with

•

•

with
the

integration

of

appropriate

Bilingual

the

Education

1988-89

students

transitional

year

be

programming

shall

school

shall,

Supervisor.

program-recommendations

Each
as

linguistic
in

need

minority
of

a pattern

by

These

be implemented

.

of

Task

as
by teacher,

school

effective
with

for

parent,

serving
plans

where

identified

the

student

consistent

English;

retention

or

be

b)

and/or

grade

self-,

provide

other

and

attendance

culturally
and

in

and

and
staff

c)

other

referral.

with

compliance

11.1

as

appropriate
supportive

above,

and

supportive

with

~nd

student

and

identified

shall

services

develop

"at

risk"

regular

and

to

encourage

r

instructional

as

students

school.

.

In

minority
students

instructional

continuing
11.2

to

linguistic

linguistically

alternative

Task

risk"

to

absences;

language

native

right

services

excessive

a)

"at

the

11.1.
Each

•

has

prevention

in

identification
reasons

student

drop-out

under-achievement

•

for

11

exhibits

•

1988

DROP-OUT PREVENTION AND RECOVERY SERVICES
OBJECTIVE

•

28,

10.7.
Comprehensive

•

October

- 26 -

parental
well

as

other

compensatory,

representation
staff

involved
and

vocational

•

each

individual

services
(if

age

from

plan
12 or

among

(guidance,
education,

the

preventive
shall

above)

be developed
participation,

student's

bilingual,
as

teachers,
special,

appropriate)

•

�•

•

•
- 27 -

•

•

11,3.
At

•

Lowell

High

support

staff

services

to

such

Native

at

in

the

the

nine

for

for

all

counselling

at

9-12.

grades

school

seek

to

at

liaison

office

K-8

1988-89

drop-out

risk

students

staff

from

continuously

in
the

are

their

Transitional

called

upon

to

.

school

year,

teaching,

staff

is

the

all

School

workshops.

responsible

necessary

Department

paraprofessional)

development

Personnel

receives

will
The

for

assuring

information

prior

participate

Deputy
that
to

Staff

Superintendent
new personnel

assignment

.

11.6,
Every

student

reason

other

who has
than

left

school

departure

from

prior

to

graduation

Lowell,

since

within

14 days

for

the

any

1986-87

r

year,

school
of

this

sha~l

plan

and

The

staff,

entire

be identified

by the

personally

be

utilized

Guidance

appointments

the

with

the

Guidance

will

students

identified

be

Guidance

these

then

and
to

Bilingual

Department
The

students.

responsible
and

Department,
scheduled

including

by

communicate

•

other

grades

continue

speaking

(Administrative,

Task

students

and

11.5,
During

•

Staff

SPED provide

K-8

will

Education

assist

•

minority

measures

school.

Task

Guidance

MICAS and

Administrators

Bilingual

•

as

linguistic

preventative

•

•

Bilingual

11.4.
School

•

School,

Elementary
Task

1988

9-12

Grades
Task

28,

October

of

shall

review

adoption

be contacted

their

status.
will

staff,

liaison
to

the

personally

Citywide

to

carry

out

this

of

those

contacted

of

Director
task.

A list

(indicating

of

by

�•-·

•

- 28 -

•

whom,

how,

and

attendance,

when),

shall

Superintendent's

•

students
Task

down

by group

be compiled

and

submitted

willing

This

to

list

return

shall

to

and

last

to

the

28,

1988

school

indicate

of

which

school.

11.7,
The

•

broken

Office.

are

October

Citywide

Director

organizations,

of

agencies

Guidance
and

will

media

notify

of

the

the

above

various

mentioned

initiation.

•

Task

11.8,
Each

student

shall

•

returning

to

effective

learning

shall

programs

to

school

plan

or

other

effective
the

to

to

above-described

school,

Those
in

continue

their

the

to

Lowell

Public

Schools

as

These

Superintendent

for

in
of

an

educational
and

suited

coordinate

plans.

learning

all

necessary

shall

interested

schooling,

access

programs

task

development

equal

personnel

Assistant

the

participate
to

by the

designed

to

return

shall

be entitled

and

Guidance
their

to

provided

funded

•

pursuant

be encouraged

They

•

contacted

to

the

plans

specially

their

needs.

development

shall

Curriculum

to

be

and

reported

Instruction.

CHAPTER I

•

r

OBJECTIVE

12

Linguistic
I and

•

Task

minority

other

shall

have

~ducation

compensatory

equal

services

to

access

•

12.1
Instructional
will

•

students

be

services

provided

in

in
English

Chapter
and

I Reading
the

native

and

Mathematics

language

•

Chapter

of

�•

•

•

October

- 29 -

•

Task

uniform

criteria,

participation
the

on the

basis

of

need.

•
Task

in

Reading

and
be

in

Assistant

alone.

students

in

and

and
the

as

need
a Second

mathematics

native

greatest

identifies

greatest

English

Reading

to

list

in

on

The

according

eligibility

Students

Superintendent
the

the

Supervisor

Master

remedial

will
Language,

instruction

language.

of

PAC shall

services

to

for

Curriculum

and

Transitional

monitor

linguistic

the

Instructional

Bilingual
equal

minority

Education

provision
students

of
on a regular

basis.
Task

12.4.
Two full-time
school

year

positions

Parent
to
will

work

employ

person.

Liaisons
under

OBJECTIVE
Each
to

the

been

Parent
Khmer

added

Coordinator.
or

Hispanic

for

the

1988-89

These
speaking

r

.. .

BILINGUAL

have

a native

.

•

•

proficiency

not

12.3.

and

•

for

deprivation,

order

English

selected

educational

services

Mathematics.

are

ranks

need.

provided

Services,

•

rank

greatest

instructional

The

•

process

receive

will

of

speaking

A system-wide

students

children
basis

English

referral/selection

•

1988

12.2.
Through

•

28,

EARLY CH?LDHOOD EDUCATION

13
newly
provide

constructed
bilingual

or
early

renovated
childhood

school

site

educational

shall

attempt

programming

•

�•
- 30 -

•

Task

•

Assistant

Supervisor

the

Childhood

Early

early

OBJECTIVE

•

Lowell

Public

of

students

English

such

tests

shall

the

planning

not

a special

of

in

any

shall

provided
special
is

other

program

proficiency

and

administration

of

the

special

time

under

eligible

found

language

bilingual

eval~ation

be provided
,.

the

for

to

be

with

for
Chapter

766

enrollment

in

need

bilingual

of

in
special

special

•

14.1.

•

psychological

primary

or

conducted

testing

hom~ language
by persons

minimum
tested

in

way extend

also

are

education

(The

who are

who are

home

linguistic

placement

students

program

or

completed.

and

who require

a special

of

education

All

services

education

nor

services

primary
in

delay

adequate

proficiency

whose

are

that

education

be placed

programs

a bilingual

ensure

assessments

shall

Regulations.)

shall

English

achievement

education

All

•

limited

appropriate

education

·.'

coordinate

and

EDUCATION

special

No student

completing

•

Education

programming.

Schools

to

academic

Task

Bilingual

shall

childhood

bilingual

until

•

&amp; Instructio~

Curriculum

Transitional

Director

appropriate

than

•

1988

14

education.

•

of

for

SPECIAL

The

~

Superintendent

Services,

bilingual

•

28,

13,1
The

•

October

proficient
.

and evaluation
is

who are
in

the

other
fluent

cultural

than
in

of
English
both

background

students

whose

shall
languages,
of

the

be
or
student

at

�•

-

.'

..•

r

- 31 -

October

28,

1988

I

•

Task

14.2.
All

psychological

eligible

•

for
in

Caseloads

for

•

it

•

for

is

their

bilingual

determined

•

on

this

bilingual

personnel

background
;

who are

program

shall

be

not

exceed

the

and

whenever

or

shall

psychologists,

any

be

necessary.

related

shall

other

workload

services

professional

that

is

hired

or

be

on linguistic

the

the

a

for

provision

of

and

students

that

additional

contracted

in

of

basis

excessive,

Priority
shall

to

reasonable

to

cultural

be served,

and

•

experience

Education

school
is

days

days
317

training

evaluations
the

of
of

date

A request
parents

parent

•

of

received.

student's

•

and

regardless

of

citizenship.

14.3.
Special

in

a referral

when
for

the

shall

be completed

parental

consent

parental

primary
an evaluation
Regulations).

the

Chapter

766

for

special

education

consent
or

for

within
for

an

shall

provided

in

to

a

five

Section

request

a special

or

sent

within

A written

services

evaluation

be

home language
(as

thirty

by a

education

r

evaluation

sha~l

~onstitute

parental

evaluation.
Task

•

bilingual

students

.

Task

•

of

psychologists
non-bilingual

psychologist's

as

the

of

bilingual

psychological

/

in

evaluation

own language.

those

immediately

and

enrollment

conducted

ratios

testing

consent

to

proceed

with

an

•

14.4 •
Bilingual

personnel

shall

participate

child

whose

each

stage

as

primary
of

(teacher,

the

counselor

a member
or

special

home

of

the

language

education

and/or
evaluation
is

other

process

administrator)
team
than
(including

for

each

English
the

at

�October

- 32 -

•

pre-referral,

Task

•

14.5

•

referral,

assessment,

The

Lowell

full

time

Public

Schools

Cambodian,
bilingual

one

education,

and

least

work

out

basis.

of
These

supportive
special

in

personnel

community

at

one

and

area

to

clerk

bilingual

~hall

be hired

to

on a full

time

office

be appropriately

outreach

time

the

central

evaluation,

part

•

office

other

one

special

of

parents

education

will

in

assistance

and

least

and

the

Hispanic

liaisons

assessment,

and

Lowell

Public

Schools

shall

special

education

teachers

to

special

education

services

are

English

proficiency

shall

trained

in

placement,

issues

upon

hiring.

be

in

determined

need

employ
ensure

that

provided

of

by the

sufficient

special

bilingual

appropriate
to

bilingual

students

of

education.

Administrator

of

limited

This

Special

number

Education,

,.

•

and
as

once

Task

fixed,

possible,

1988-89

~aid
and

school

staff

will

~n no case

be

l~ter

recruited
than

the

and

hired

beginning

as
of

soon

the

year.

14.7.
The

•

periodic

14.6.
The

•

one

special

community

education

work

provide

and

train

interpreter

chairpersons

central

services

compliance,
Task

the

liaison

shall

Cambodian

and
Hispanic,

shall

team

one

hire

full.time

persons

bilingualevaluation
At

shall

community

These

special

•

and

.

education.

•

placement,

stages.)

Laotian

•

1988

i

review

•

28,

Lowell

Public

Schools

shall

employ

certified

speech

pathologists

to

bilingual

speech

and

services

language

ensure

sufficient
that
are

bilingual
appropriate

provided

to

students

�•
- 33 -

•

of

limited

Lowell

•

English

Public

•

speech

component

and

Task

•

one

Lowell

education

personnel

to

bilingual

special
Proficiency
or

staff

such

services.

two

the

The

bilingual•

Southeast

component,

and

in

need

provide

of

or

physical
of

Asian

unless

maximum

employ

such

employ

bilingual

special

in

provision

linguistic

and

cultural

linguistic

PAC shall

or

assist

services

to

vision

personnel

are

if

of

background,
participate

in

serve

students

of

Public

Schools

shall

their

limited

education,

in

those

of

hearing

determined

Preference

on behalf

of

or

physical

therapy,

the

children

impaired

adaptive

SPED.

be

to

shall

who are

shall

intended

necessary

the

with

hiring
the

of

all

necessary

and

representatives

the

interviewing

linguistic

by

of
of

each

staff

background.

14.9.
The

Lowell

services

to

linguistic

minority

provide

special

students

in

education

a manner

that

does

r

not

result

in

di•,ioportionate

over-enrollment
special
Task

of

education

under-enrollment

linguistic.minority

or

students

in

individual

prototypes.

14.10.
The

Lowell

students

•

for

Hispanic

education

Administrator

such

•

least

one

recruit

Schools

the

•

to

at

employ

the

Public

occupational

Task

for

of

1988

.

impaired,

•

shall

need

28,

14.8.

English

••

in

pathologists,

efforts

unsuccessful

The

•

Schools

certified

feasible

proficiency

October

for

special

Public
of

limited
education

Schools

shall

English
purposes

ensure

proficiency
due

that
are

to

linguistic
not

a language

minority

misclassified
barrier.

�.

- ~.' .
- 34 -

•

!

28,

1988

.•

Compliance

with

the

linguistically

above-described

and

opportunities

•

October

to

regularly

culturally

tasks

appropriate

linguistic

monitored

specific

minority

by the

equal

to

educatioqal

children

shall

of

Special

Administrator

assure

be
Education

.

VOCATIONAL EDUCATION
•

OBJECTIVE

15

The

Lowell

minority

•

through

Schools

students

are

and

occupational

vocational

shall

••

Public

the

Lowell

ensure

including

the

both

availability

shall

provided

with

Public

all

linguistic

access

to

and

programs

Schools.

The

Lowell

of

adequate

availability
and

necessary

that

equal

courses

teachers
of

ensure

as
in

offered
Public

well

order

or

staff,
as

to

by
Schools

bilingual

counselors,

resources

all

the

fulfill

this

obligation.

•
•

Compliance
the

Citywide

•

above-described

Director

OBJECTIVE

of

task

Guidance

shall

be monitored

on a regular

by

basis.

16
Lowell

ensure

Public

that

all .

which

does

not

race,

national

necessary
in

action

suspension

No linguistic

•

the

DISCIPLINE

The

•

with

Schools

.

~isciplinary

discriminate
.
origin
or
to

r

all

sanctions
against

.

native

eliminate

necessary

are

applied

students

language,
forthwith

and
any

action
in

a manner

on the

basis

shall

take

racial

to

of
all

disparities

rates.
minority

of

disciplinary

action

in

their

language.

native

take

shall

students
or

shall

reprimand

be
for

subjected
expressing

to

any

themselves

form

�- 35 -

•

Task

Lowell

Public

administrator,
student
any
Task

•

shall

teacher,

of

1988

limited

provide

and/or

English

for

counselor

a bilingual

to

proficiency

be

present

is

confronted

in

which

when

any

regarding

issue.

16.2 .
notices

services
in

sent
are

the

parents

the

language

matter

title

or

further

of

and

counselor

with

to

disciplinary
home.

All

notices

to

this

position

of

the

parent.
discuss

sent

provision

to

A native

shall

be

to

these

shall

school

available

the

Bilingual

matters

pursuant

who is

the

be available

groups

the

parents

name,

administrator

for

regarding

minority

include

shall

to

provided

primary

linguistic

•

Schools

disciplinary

All

•

28,

16.1.
The

•

October

discuss

speaking

disciplinary

the

translator

matter

with

the

parents.
•

Task

16.3.
The

Lowell

Public

information

•

regarding

suspension.
provide

Upon
the

regarding

•

1.
2.
3.

4.
5.
6•

•
Task

•

Schools

Only
16.5.

the

All

student

each

all

request,

following

shall

maintain

disciplinary
the

action

principal

information

to

of
the

compile
resulting
each

school

in

Superintendent

School

disciplinary

Committee
rules

can
and

student
in bilingual
expel

codes

or

ESL

a student.
(whether

a

shall

suspension:

date
of disciplinary
action
•
'
length'of
suspension
cause
of suspension
age,
ra·ce and sez of student
primary
or home language
of
whether
student
is enrolled
classes
Lowell

and

system-wide

�.

•·

''

-

r

,

- 36 -

•

or

promulgated

both
to

•

Task

English

and

the

schools)

home

language

shall
and

be

copies

28,

1988

published
shall

in

be issued
•

students.

16.6.
The

Lowell

ensure

•

by individual

October

Public

that

appealing
These

Schools

students

and

disciplinary
actions

shall

use

parents

actions

shall

include,

maximum

feasible

can

utilize

the

not

be limited

efforts

to

procedures

for

.
but

to

the

following:

•

1.

Distribute
each
the

e:

,·

2.

3.

•

copies

student,
home

at

of

in
the

pamphlets

English

and

beginning

Describe

the

address

system

in

each

school

Provide

a copy

of

the

pamphlet

to

the

on the

appeal

of

parent
day

of
that

procedure

each
the

student
suspension

•
•

,.
,

•

•
•

describing
in

the

each

procedures

primary

language

of

semester;

to

students

at

least

over
once

describing
who is
or

to

the

each
the

semester;

procedures,

suspended

expulsion

public

or
first

expelled
occurs

.

�•

•

..

•

•

•

•

•

•

SUPPORTIVESTAFF POSI•. vNS (IAU PlAN)

•

•

-,

I

October 28, l '.1url

PROPOSED
BUDGET
SCIDOLDEPARTMENT
PROPOSAL
Proposed Positions

Estimated

by Plaintiffs

Cost

Local Budget

1 Khmer Program Facilitator

t35,000

(1) ~35,000

6.5 Hispanic

t65,000

&lt;1&gt; t10,ooo

4.0 Khmer Parent Liaisons

$40,000

(1) $10,000

1.0 Laotian Parent

t10,ooo

&lt;1&gt; t10,ooo

Parent Liaisons

Liaison

Chapter I Budget

2 Khaer/Lao Elementary •Cou""elors

$50,000

-0-

1 Khmer Jr.lligh/H.S.

1 Hispanic Eleaentary Counselor

t25,000

-0-

1 Hispanic Jr.Hlgh/11.S.

.5 Hispanic Chapter I Parent Liaison

$ 4,700

-o-

1 Hispanic Ch.I Parent Liaison
1 KhmerCh. I Parent Liaison

&amp;I clerk/liaison '

t10,ooo

&lt;1&gt; t10,ooo

.$10,000

(1) $10,000

.5 Spanish speech pathologist

t15,ooo

&lt;1&gt; t15,ooo

1 Khmeraide,Hoore St. School, grade 1

t

(1) $ 7,000

3 Khmer teacher

$21,000

1 KhmerSpecial

•

1 Laotian Special

&amp;I clerk/liaison

aides

for Special

Ed

7,000

&lt;1&gt; t21,ooo

$18,000

-0-

1 High School ESL Program Facilitator

t35,000

-0-

3 Curriculum Developers (Spanish,
Laotian)

$60,000

-0-

.5 High School TBE Director
full time position

2 TBE Secretaries
TOTAL

made

Khmer,

$31,000

(2) i31,000

~436,700

$159,000

•.
\

Counselor
Counselor

•&gt;

..,

'
1

,

�•

THE; BOSTQN GLOBE _SATURDAY. MAY 16, 1987

Lowell
students
learn·
hittei-:
1esSoris
.... · ·
.
•

•

Y,

..

II LOWELL

Boys

·, _-,.

'

.

through 6th ·graders she teaches
at the YMCA: ;rwo ·other·cambo-'
dtan teachers instruct children in
i "';·,,.. ~, •.. r,_...
•.a:. .,...:) ..___1,,,,,,.,:1
the• K-5 le·vels. _,;;)
J
,•t,,:r\tr~·ii.f
'tiie¥e
ttitictrerf to
,.
""r••·-.;.'
,,-.
.•
:,,• '·•
••
' r
,, •"
able to share culture ahd customs
with 'f,mertcan' kfas-:-· Em' said
durlrig
b~eik fr~nf}~iat~g·
t~ l
her 17 students about the history :
of Lowell. , • ·; : ~- ;.}· • •• , " . d
, ~ ,'_'They (/on't ofte~ complain be-1
cause. lt- __
ls not the:t!' way.,". she 1
1
•said, glancing at the stark cein~nt ll
walls. ,"Buf J can look into their
• eyes and hear in their voices their~~unha'p"ptness:»
,.,.;:t
'· •"i ~ ••
,I ..
,.,, •
·,::!
1_/,"j;;-:1,q?,n'tlik~. lt_,h,ere b~cause lt-.
,makes u~,.fe~Ilik~ ,we are not good ;1
:,eni&gt;Ugh_
~o b&lt;rw_ith·American cti,il~~j
dren,"i•l4-year~old Sok Sar said j
through.an Interpreter as the oth~-1
er
children nodded Jn agreement. l
1
'•:{"We c'a"mehere to be'free ancl to
have a bett&lt;~r)tfe.'_'•slJ~.
sai1. ·:n ISJ
not In this classroom.~',;. • • ,
·1
...J..,..
~. '-: 1-\ ..~ '
,.
••
:·
.. \•
Minority .leaders .weigh action · t
Late yesterday afternoon, concer_ne~ ~!11.?ri ti _gro.!-1.P.
leaders .J
ga tJ1ered to discuss their· options· ..,
to. ~eJ:iash• what;_ has, ,happ~ned, 1
and to pla[l their pext move., . • • ·•
"So far, we have no guarantee,
noassura~e-that'
the· kfdi5 Jn-the
YMCAand th~ Boys, Club wili be I
anywpere but In the YMCA or the
Boys Club next year," ,said Camilo
Perei:Bu&amp;tillo,an-·att6rney who re-,
.. ' •" - ,,.. ,._,. '•"~
pre~~·n ts_.the Sta tewtde As~oci,atlop of Bjli_ngual P~rents.
_ f
'tfiUJ?tll we get guarantees_ from,
the majority of the school commlt•te_i!,:'whlchare backed'up'by
vla·b1e;,a1ternatlve •pl~n. we_'will keep,1
all options open, Including a suit;''~
Perez-Bustillo- said .. ~ ••ii- :i_.,: ,i, 1
~
•
;
•\"
.. • ,.. • JI":.
1
• • Ana ·Ocasio, ··president of theJ
)iispa.1; l~_,_l_f
?.!i.n~ :~dyliory ;'c&lt;?P'Yl
ell, has
been
a arlvlng
-force&lt;w!io
•
')'f
• ., ,.
-;
,t
..., . .,.
••
•
prorppt~d th.e stat~_s)nvolyerpe~t,
according to Perez-Bustillo. ·\ -~•. • "!fh~ .9~1y'\e~so?,tff~.~sta:_te·1j
sharpened
to ,the
polntJt• .,...
has Is beq7
e,
,. ..
"
cause bf people like Ana _andother~
mfr1ofjty ~~:&gt;ocla9qns_V{.111,&lt;;h
..h,ai'e• _
been'·pushlng ·and pleading tp enaj
this problem,'; Perez-Bt.isttll9 ·saig .
......-,.";/,.-~.,.__.
......,._-..;,_...-..
..
"'

~Jim_:'

Con_Unu~dfrom Pa~e 17 ;·;·,,;·,-· • ,
•.. 1\t a meeting May 6, commit-·
-:)'l"'e ·'class·
roo·-;s'
teeman George Kouloheras allegu...a.' , • •
• .. 1
ed_lyshouted racial epithets about
nnn·• O,fl.tJ•es
t!Je Htspa11iccommunity when Ht- 1
l
spantcs in the audience askeci for
•
,. -.
•
qn _Interpreter. Enraged members
By Doreen E:·,~dica
of the Hispanic community drew'
Contributing Reporter
up a petition and demanded Kou"
•
•
loh~ras' restgnatlop at .a-meeting
'. •LOWELL-;: Perched atop dilapidated . Wednesday nigh~.. :·'.•• ';: (~ ·, , i '
school d_eskif) a tiny and poorly ventilat. . ·
: • , · ,,. ' ·1. :v, ,, ,.
ed ,room at the' back of the YMCA here
"I'm as good as anybody",..
• ,,,
yesterday, 12-year-old Angel Santiago. a
_Meanwhile, )tnguisp~ mlnqrlty
Hispanic, chewed on a straw. closed hl-s students on the elementary ;Jevel
schopl book._and asked angrily, "Why do co·nttnue to.be taught in crowded, •
Americans hate us?"
.
noisy and tll_-equlpped ·'.'classJu_st down the street In a dingy, win-, room~ ... all the while 1vo_nderlng
dowless room In the Boys Club, Cambo\yhy.
.
• ; t·..
.··,
.
dlan-born sa·mnang Hun. 14, leaned
••i "{'m as good as anybody; I'm
over the teacher's splintered desk and
riot'
inferior,"· Yvette Vidal, 13' a j
•
wanted to know why he -was being
sixth-grader being taught at the
taught In a ·building "where American
YMCA, said through an Inter-·
people come to play." .
. • • • .... : preter. "I don't know wpy theyare •
, Santiago and Hun, are just° two of 160 keeping us here. I want to be In a
Hisl?anic a~~ Southeast Asian childrep'
r_egular school and be treated like
who-have been forced to attend classes tn
everybody else."_ .• ··: , .... _.; .
J
substandard facilities here.
•• Vidal Is among 16 chi!dren in
• Because the Lowell school.departinen't
the.4th. 5th, and 6th grades being
could not accommodate the· lnllux of taught by Sol Hernandez. Aria
these groups into the Lowell area, the
Cruz teaches grades 1-3 In an ~d- ;
State Department of Education last year
jo11!ing room. , . .
. .. .
aBotted. funds to Lowell to temporarily
; Hernandez. 28, a bilingual eduteach these students in ·the Boys Club caffon teacher who has been.
and the YMCA ..
• •
,
.
•. t(!achh1g ~l! three gra9es' sl_nc~
According to school department fig~arch. said yesterday, :·1f~el teq:f-,'
ures, 32 percent of Lowell's school-age· ble for these ·students arid l fear
population are minorities, with the Cam- for·thelr futur(!. •i;, •. ·~,,.;, :1;~,.; t
bodian commu_nity the largest group in J''Eve;;- though- we're doing the
the bilingual program. •
•.
: best we can,'' the visibly el_(haustOn Wednesday. the Department or' ed Hernandez said. "I feel they deEducation announced that it would file serv~ ~~tter than this. They de·
suit against the city - which would l:ie serve a real classroom with. real
the first suit of its kind since 1973 when tntegrattor:i..
-:.- .r_ , ,;, •· 1.:c·:,:1• •
1
the courts ordered busing for Boston - if· ··_,"-This Is stunting their-'soclal,
the School Committee does not initiate a growth, "_.:she continued as she
plan for· more permanent and desegre- tossea a scrap 'of pa·per lnto"a~3-1
gated facilities. , , •'·
•• . • . . .. ,. • foot high pile of i.Jhcolle~ted_tr~sh:1
., .The school department ls also in dan-·: ; "It kills me·to'·hear them ask,;
ger .of losing $2.5 million In blllngual
'What Is \Vron-g' 'with ·usr,.why '.
education funds if it does ·not Integrate' can't we .be \vith. American.- chil-'
the~ students by the end of the school •. dren and hail'twnat they have?''')
year ...
,. , .
.. -, . '.......
•, ..• .
Leakhena .Eni. •32;:a·cafubo-'
So far. three School Committee meet-; dian btllngual te,i-~her," si1c1·
·she l
ings have pnly produced negative reac- . hears mucli of the same "desolatlons•from parents and corpmittee iriein- tlon In their voices·.: from th(! 3d ~
bers alike. • • • . • r-· . , .
. .., .-----•

m'

to •:160

0

te

'

a.

a

•
•

•
•

•
•
\

•

~LOWELD, Page ii:_:;.·;

'

\

I

l

j

•

1·--~

~/-

•.

..

....

1

a

't$-

'

•• •

-~

~

--~~

·not

IrI'm is•·good
·_a:sHari.ybody·t~t~m
·;t;~
'1in_ferio~._I_db~'t·kpow:_:o/lJY,th_ey:-,1:?!
ar_ekeep1ng.u,s here. I/want to .be r-?._,
i~a regular_·sG9ool and.Qt t·reafed ..::
like .everybody
else.'
~,:~·;t~frt-·'
-· :: •
.' . . .
.• .r.;;.,
~

'

~

- Yvette Vidal, 13

-~

�THE BOSTON GLOBE

•

SATURDAY

MAY 16. 1987

•

•
••
I •

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.; ,,;,

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••••"'•"""'""".,_,"""'

.

. .

. -

.

-

.

.

.

In a hallway at the YMCA, Diane Callahan conducts a third-~ra~e English class.

•
•

"For the. state to ~ome In and
ose as a savior now _Is a hypoc~.1p which Is unreflective of whats
~een happening In Lowell for the
past three months." Perez-Bustillo
said.
•
"We've been a silent comm1;1n1ty for much too long," said Ocasio.
"We have' a commitment to
continue to struggle to make sure
the current conditions c~ange and
that ttie respect Is accorded to us
that has been w,lthheld for so
long." she said, as she left her

_

Broadway apartment for a special
School Committee meeting called
by Mayor Robert Kennedy and the
school board.

. The use.of portab_leclassrooms,
the building of new facilities·, administration and financing were
all topics. __
.
, ,

Kennedy said the "informational m_eetlng" was c~lled "to further focus on the city s plan to Integrate our city's schools."
•

. Kennedy said that no voting or
.official decisions would take place
at the meeting, adding,. "Past personalities and argµments will not
be part of. this.".
• •

.

'

.

.

Approximately 75 people representing the Hispanic and Asian
communities
filled the balcony
and city hall chambers to listen to
members discuss permanent
classrooms.

At the conclusion
of last
night's· meeting, the. committee
voted 4 to 3 to postpone the procecdi ngs unlfl May 27, when the

�Lowell minority. students·· learn hitter l~ons

•
•
•

•

Juan Nieves, 8, sharpens a pencil during a bilingl.lal

class•at the Lowell YMCA.

superintendent will present them
with a complete plan on which
they niust vote.
-- .

•
•

•

•

Ocasio and Perez-Bustillo said
that they would attend every
meeting "for the sake of the children.
"We must work toward raising
thunder and ending forever this
silence of submission and Intimidation," Perez-Bust111osaid. "Our
kids are this city's greatest assets."
Co'ntributing
reporter Carol
Beggy asst~ted in preparing this
story.
·

Globe staff photos/Wendy

Maeda

�•

THE BOSTON GLOBE

LOWELL.PANELOI('SPLA~-

.

.

~

THURSDAY, MAY 28. 1987.

..

~

•
•
•

GEORGE KOULOHERAS
Voted for plan
•
'.

-•,

....

.

•
•
•

•
•
•

•

Globe staff photo/Keith 'Jenkins

Marcus Britto leads demonstrators in a call for the ouster of
School Committee member George Kouloheras during a rally .at •
.City Hall plaza in Lowell. Meanwhile, th~ committee, fac!ng st~te -,
penalties, yesterday approved a plan designed to. end t?-e 1sola,tioJ!
,o!.~i.nority stud:nts }n bili~ gual cl~sses. Page 23.
•• , • _ .... i.

.

"

'

.:· . ...·:
~.-.

!, .

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:• 1•,

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_

..

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.. •••··"'•~,-,,1

•

..
~•

•'

•

,
~• .,,

1-Alwell,.OI('s
•
sch~l\plan,'•
hut·~
suit•is - •·.
.thrffitened·

•
.

'

\

.,1:

-'

"

I

✓

•• 'l

•.

;

\'1'

••

•

'

•

•

'

i

•

,

• '

1

authorize state Education Complan yesterday to end the Isolation· missioner Harold Raynolds Jr. to_
(!f ~lnority·_students In bilingual
turn Lowell's bilingual education
-classes. but many he~e ~ay It may
problems over to the a,"ttorneygen-I
fail to meet state desegregation re-, era l's office. Raynolds can ~recom_.
1
qulre'ments.
, • -·
•
mend that the state Initiate a law- 1
: The vote _last night at a special
sul_t a:galnst the' Lo,ve!I School. 11
City Hall ·meeting deletes two key
Committee at any time .
sections of a six-point plan. subi, ~aynold,s, In a tl'!lephonf::in_ter~
mitted-by School Superintendent
view la~t _!}ight. de~lin_eq__to. say
Henry Mro;i:aimed at _integrating
whether he was satisfied .with the
160 Asian and Hispanic children
'
plan approve~;. saying
he w9uld '
who pave been. atteq_ding classes
have to wait for advice from oiher;
_in_the YM~A and Boys Club be- state education officials. • •.. , •'.
cause of space limitations In the
Mayor Robert Ken·necfy.~ho Is
city's schools. . ~ • ~ • •
chairman of the .School Commit- I
The two sections deleted by
tee ?nd who sharply attacked the ,
School Committee member Kathplan, said, "I think we'll be hear-,
erine Stoklasa would have created
Ing from the state Department of '
a central enrollment plan for as-; Education or the US Department
signing students, and opened the
of J';1~ticevery soon.", Asked if the·
• Riverside School _and paired' It
plan meets state desegregation rewi_ththe Joseph G. Pyne School. . quirements, Kennedy answered,
The state Depa:rtinent o·f Edu-· "No. It's clearly not the best proposal for the city of Lo}Vell.
·: • . , 1
cation has threatened legal action
against Loweil as well as the with·
' But committee member Gerald
drawal of $2.5 million In state blDurkin said he was opposed to
lingual education funds If th€
central enrollment because he'
school system does not rectify ltt
"did not like. the Idea of sending
desegregation problem.,.
children cross town to school."
Earlier yesterday, the state DeStoklasa said she believed that
partment of Education voted to

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By Diego Rlbadeneira
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:Globe Staff • ,; ·,
• LOWELL'- The Lowell School
Committee narz:~wly approved a:

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c'entral enrollment ·would lead to
busing. ·,, ~--v, · .. ,. , ,.: · , ··• _ i
·Following fii°stnight's ~ote, Ca-·1
mile Perez-Bustillo, attorney .for;
the :Hispanic Parents Advisory.
Council ..sald he would most likely .
sue the Sch&lt;;&gt;olCommittee on be-'
half of Hispanic parents a·nd·students. . ,,;- ' ••.,-.' . -......• .... - ' \ •i
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, ·:The,.School Committee_has 1
voted tonight to settle the matter •
Ip court rather than In the•
schools," -said Perez-Bustillo. .,. •
: Besides Stoklasa and Durkin, School Co'minittee members vo-.
ting for 'the plan were George
O'Hare and. George Kouloheras.
who ,has come under fire recently·
for making allegedly racist remarks against Hispanics at a
committee meeting recently.

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THE BOSTON GLOBE

FUllds·~-denied
:,:for;
/L~iW.ell;·::¢la~~toOm.·tpl~
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THURSDAY. JUNE 4. 1987

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to desegregate.the sch.obis_and Improve_ ~he bilingual program by
July I, state o(flclals said.
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by Mayor Robert Kennedy, Massachusetts
.Attorney
General
James .M. Shannon outlined his
p_osltlon on the city's segregation
problem, warning
the School
Committee that he would begin·
litigation procedures if they did
not come up with a new plan to
end the Isolation of linguistic minoi:ities. 1
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'to Shannon for hi~ legal consideration las~ Friday. ·;,oi·
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... At the May. 27 meeting.', the.
School Committee· ~ejected two
points· of ·a· six-polrif plan' thal
would allow for centralized enroll•ment'and 'tlie paf~lng 9f th~ Riverside, a,nd Josepf! G ., PY,ne elementary scho_o_l,s.
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By Doreeri E. l_u~lica·.;. •.:,· • _::_ •iJ • 'roo!11s_a_t,tte Lo~•ell YMCA and· :~iojie',':,.Camp~e!! said last night
Contributing Repor.ter •• ~ ..
Boys Club. creating a segregation ' In a tefephone interview. "rfhe
• :.·say'1ngthat' a'v'ot~ last ~eek by problem. Local .min?rlty _gro'ufs :. _c~m.~lt~ee.dt~f~eq _to·!gn?re ~hat
the Lowell School Committee
and_state agencies hav_ebe!!n _ou
t-, .}'."l'll!1ing . .'1:'~erefore,.I ve ..dec1ded,
1
adopting the use of.portable class- raged by the,_sltuatlon ~s ,well as,, ~.!"!.~~-t~
,:~l~ase/h~ mon_les.,•
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rooms y.ras '_'illegal and lrresponsloth er problems In th e city s_bill~:: ; . :, The use of_p·ortable classrooms
ble," Lowell City Manager James ••gual ~r?gr_am·:-.fn,cludl_ng ov_er::,_:;wasapproved ori May 27 as an:a1-·
Ca.nipbell ha~ ~nnotinced that he c_rowding _an~ .1tap_e'1~a.t:,J~c}!1;;.;,ter1_1~tlve'~o; cl~segregatlg .the. e'le~~
1
win. ~o.t allocqt~ funds _to lease / es•.. • • :!:•.'· .. "· i; \.,,, .-~_.-,,.:r,.'.'.
~;'r,ien'ta1:y'~age~
_stu?~nts l:&gt;ythe b~;
eight portabl~ cl~ssrooms.
• "TheS_cho,olCommlt~ee \'{a~ ln-·1 g·111nJ1_1g'6f
the'n!!xt_school year.•:,
For the past t}:!ree months, 160 formed by the state that portable \·. -Lo\vell may·a1so· lose-$2.5 rrillHlspanlc ar;id Southeast Asian linclassrooms·would not be_accepted,_.,'liori.':IIJ '.{&gt;t~t!!..,b!ii.ngt.ial'education.,
gulsflc ·m1nqrity children have
and would not'comply with stat~ .. funding,jfj·c1_ty officials do ·not
been taught in makeshift class- desegregati~n
laws ,i(" ta~ker:i :'coine ·up w Ui·afiacceptable plaI?,1
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. ::C~mpbell . said, and K~~nedy,
agr~ed, ~hat Campbell's. ~ctlon
may very well ·;send the School
Commit.tee back to the .drawing
ti~ard.'_;, 1_. • . ·:_,. ' ~ " . ;/ _1
•.-'. A~~o:di~g to ~;nnedy, the-,l~t:1
ter from· Shannon· said that the
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com.mi~te~ '.'failed to pull ~oget/"Jer
an acceptable plan" at Its meet-~
Ing: "riqr_is ~here.any lndfcatio~ o(
how the
committee
intends to im.•
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plement.: as part of such a plan,
the limited proposals it did adopt
.. : ·this Is an Intolerable situa1
tion:"; ) : ~
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THE BOSTON GLOBE

Lowell OK's

plan to end

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segregation
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LOWELL

in schools

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Continued from Page 17
Throughout the meeting at
City Hall, members of the packed
house applauded committee mem• bers who came out in favor of the
I plan and jeered those who did not.
In a dramatic outburst. committeeman George Kouloheras,
donning yellow rubber gloves and
a green gas mask, threatened to
blow asbestos dust in the faces of
committeeman Da\1 id Allen and
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-Glenn..
'code;:. b11t p,.c,nisC":.l
1.1 full invcstigalic:i'
,tnd
act
Jon
if
asbestos was
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• Kouloheras was protestir. 1 the
use qf the Riverside School l~ the
pairing plan.because he and others claim the ·clapboards .on the
. building contain ·asbestos, making the building unsafe for students. . . . • '.
.. Ari emotional Lowell resident,'
Donna DiPrlma, cried when the
plan passed, saying "I don't. want
my 'daughter to go to an unsafe
school."
Mroz contends that the buildIng. Is up to city
lnspectlonal
.

sue."
Glenn, director
of the state's
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. bureau of_Equal Educational OpI There ar.~ c":l;·;:;:icly2'20 magnet- pcirtunity, said that he w·as
school childr~n ot:cupying the pleased with the .vote and that he
Panel
threat
$Chool.
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was Impressed that most commlt'
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C;unilo Pere,.-Duo-tillo. an atlor- tee members supported the plan.
ney ,wl10 rep,es&lt;'nis rilany of the • Glenn also said negative racial atByDoreen E. Iudlca
llisµanic ~ind Southea:,t f\sian • titudes may have pervaded comContributing R • t
.
fnmilie,; ·.,vh(1S:.ch;klr_..:narc affect- •.mittee decisions In the pas_t. ••
epor er
e I rJ,. , '-v'~ &lt;&gt;,,,
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ion p:-o)I Iem, Overcrowding, isolation • cited ~.,
LOWELL - \y1~h the tJ:ireat of a lawsuit and the s~1d t,ie •.ote ,•:.,,~ &lt;1n. irnporrant
Since the.middle of the school
loss of $2.5 m1lh_onIn bilingual education funds v1&lt;'tory. bt,t 0,1:y .i tiri,L &amp;tep tod So th ·t
160 HI
I
hanging over their heads, Lowell School Committee 1ward sol·,!110' ~h&lt;'ra('iai b:.lancc i"· ~e~r. 1 sp:n c :n 1 : d e~fmembers last night voted In a plan designed to end
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segregation In their school system.
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The seven-member committee approved, 4-3, an
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extensive plan drawn up by Lowell school Superln•
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tendent Henry Mroz and 'aided by members of the.
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state Education Department.
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:~The ri1ultlpolnt plan was acceptable 'on all counts e]_..ti_({ ~~Ci] ..{]1{}~ Siegregat1on
to.the Education Department and the attorney gener- .
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al s office. which threatened to file a lawsuit If the have been housed In classrooms
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committee did not come up with an adequate plan.
at the_ Lowell YMCA and Bciys• At another meeting Immediate• The plan Included the followlng short- and Jong- Club. • . .
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:I Iy following the vote at City Hall,
.term solutions to be put Into Immediate effect to
Overcrowding and the lsola- 1 members for the Hispan.1&lt;; and
"solve the problem of minority Isolation":
. ti_onof mlrio_rlt!es have also txieit'
1 Southeast .Asian community •met
o Pairing the Riverside and Joseph G. Pyne ~1ted by the state and local plln_ci~--with Harold Rayno)ds Jr., tJ:i.~~
schools.
1ty groups.
.
•-.:•Education D~par;tment commls•.
• Purchasing or leasing eight portab.Ie class• _·Atth~_Iast two regular commit- ..stoner, and with members of th~~
rooms.
tee meetings In May. -a six-point ..Lowell school department to dis~:
• • Housing bilingual department offices In the plan presented by Mroz was voted. cuss _theirconcerns about the def:!~
Central Street School. • .
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down, and. th~ state, dissatisfied• slon, blllngual education and un.-~
,
o Adopting a "controlled. choice" plan of student with the committees :votes, threa~;; _resolved~egregatlon Issues. ; ·:: :..:
.assignment, which would allow students and par- :ned t~ sue the city and wlthhol£1'. •.•CommH~eemembers who vot~:
~nts to decide what school In the city they wanted to $2.5 m1IllonIn bilingual education . last night tor the plan were:. Ken,-:
attend. • .
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• :::~ nedy, Alleq, Regina Fatlcant! aric;t:
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The plan Is sch.eduled to be Implemented by the
• The .commltte~ has also been. George OJ!are. Those. who vot,ed·
beginning of the next school'year.
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accused of harboring racist att!:.: ~galnst were: ,Kathryn Stoklasa,'
According to Education Department officials tudes by some local minority· Kouloheras _and Gerald Durkjn.-:
Charles Glenn and Michael Alves, who worked close- grou~s- . • .
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.ly _with Mroz In }he development of the plan, the "Do the right thing"
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adoption of the .controlled choice" method of stu- : , "The committee voted again to·.
dent assignment Is the most significant portion of .Integrate and to do the right thtng'
the plan pecause It wo:1Id allow-children from any for the kids In this city. and that's ,
.n~lghboi:!}oodto ch~ose their school_~s long a$ racial l all that counts In the Jong· run,•~
bal?,nce In the school district Is maintained . • ·: Glenn said.
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• The..Lowell School Committee has done Its· job
Mayor Robert Kennedy. chat;::
tonight, Alves said after the vote. "Minority kids.de- man of the school committee··:.
.nled In the past wlll now have access to every school echoed Glenn's statement ·adding'·
plan_ln this city. !hey can no longer be denied."
'Tm delighted with th; result~~
! LOWELL,Page 32
and look. forward to meeting the;
Jong-term remedies so that we·
may keep ourselves from being In
.this situation ever again." •

faced
of suit, loss of _ft1nds'·
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FRIDAY, JUNE 12, 1987

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Tl-IE BOSTON GLOBE

SATURDAY.

JUNE 20. 1987

Minorities
in Lowell

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By Diane E. Lewis
Globe Staff
. LOWELL - When the'hearlng
'!was
' . almost over, the consensus
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.•rLowell's Southeast Asian and Lat•·'1n··American residents are still
-~:--•st!archingfor suitable housing,
":day care and appropriate bilin,'gual educational services.
_ . And, as a Vietnamese attorney
·, .pointed out yesterday, they have
,.yet to be fully accepted by their
~ native-born American neighbors .
.: '.,--"The.Indochinese want to be
; .treated as welcomed new· mem'bers and
. not as second-class clti.- z·ens," Tai Van Ta told those who
~participated In the first state hear•.,1ng sponsored by the Governor's
' Advisory Council on Refugee Resettlement at the Smith Baker
' ,,Senter .
.·. . "The existence of refugees Is an
,•.occasion. an opportunity
for
, learning about different cultures,"
, said Tai. "The general public Is
, luckier than others because they
,,have the c·hance, right_ In their
, _own backyards. to learn about
-,other people without having to
,-travel."
.'•·;. The hearing was the first In a
·_;planned series. Others will be held
1,ln Boston and Springfield In com.:fng weeks to determine the needs
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,.pf refugees _and develop plans to
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La Phia Pheth sits beneath a sign that says ''Lao".during the hear, .address their concerns .
resettlement inJ.owell yesterday.·.
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.. Earlier In the day, 32-year-old ing on...refugee
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ifHa Bounthai told the audience students are still being'taught In .•percent of the 'students In bilin• that she has lived in Lowell for six makeshift bilingual classrooms.
gual classrooms . In Lowell drop
~'-years and has ·not been able to .
Last month: the Lo\vell $chool out. Many. he said, are students
:'find affordable housing.
Committee
voted to move 160 who can already speak and read,
:;;i--• Ha, who ·came to the United
Asian and Hispanic students from
-~States from Southeast Asia In such classrooms, but one . critic English but become frustrated
,:1981. said she found an apart- said yesterday that he ls con- _and quit school because they feel
ne':er, attend a. regular
•,rhent several months ago but was cerned that attempts to solve the. they _y,rill_
class.
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,,forced to leave when a city inspecproblem
will
end
there.
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. "There are stuqents -\~·hohave
;.toi- fout:1d a number of housing
Michael Ben Ho, a member of been In these classes for six
.. code violations at the site.
the board of directors of the Cam·,.,. Speaking through ·an Inter- bodian Mutual Assistance Associ- years,'.' said Ben Ho. "No one
preter, Ha said she and her family ation of Greater Lowell. suggested • should be taking bilingual classes',
separately from the general stu.. moved Into a three-bedroom
that the state assess students to dent body, for that long.
, apartment with another family. In determine whether they are ready
1· all, there are 10 persons living In
to be mainstreamed Into regular
"My concern ls that the situathe apartment, she said.
classrooms.
He also· said a tion will continue and nothing
, . . For many of the men and worn- program should be developed to will be done," he said, adding that
' en· who took time off work to at- ·prepare bilingual Cambodians
he and other Cambodian residents
tend the· hearing, Lowell has done with undergraduate degrees for have discussed the problem with
little to address the problem of seg- teaching In city schools.-officials for at least thre~ years
regation In the city's schools and
Ben Ho maintained that 65 and no action has been taken.
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SUNDAY, JU_NE 28, 1~87

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Paren~ of Lowe1lminotjttes :RJa:qJ
~tosue c1~yon h• • -- al segregati&lt;:)li:
By Doreen E. Iudlca
and Boys Club, t'hus creating a
'.'Sure, the kids In the y and
Contributing Reporter
segregation problem.
the Boys Club will be out of that
LOWELL - Citing the Lowell
Racial tensions ahd alleged big- situation in September, but what·.
school system's "continuing fail- oted behavior among members of . about the. educational services
ure ·to provide equal educational the School Committee have per- they Jost while being there?," said
opportunities to all children," the vaded some meetings. In May, Perez-Bustillo. "The plan says
)'parents
·of llngulstic minority chll- committeeman George Kouloheras • nothing about that and says noth- l
1
'dren announced plans yesterday called Hispanic$ of the city "bas- . Ing to ensure us that the bilingual •
;to··n1e a class action suit against tards" and stormed out of City education program will be one of.',
·i the Lowell School Committee and Hall.
quality and equality," he said. j
, the City Council.
Last month, the state Depart- :·we are suing for services."_
"· Ana· Ocasio, presldent·'of
ment of Education·and the attorr .. • . .. . . . .
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• Lt&gt;well'sHispanic Parent Advisory ney general's office threatened to
'Huertas, whose daughter at• Council, and Alex Huertas, a sue Lowell Jf the School Committee tends blllngual classes In the city .
rmember of PUEDO (Parents Unit- did not come up with a plan that said that he has been "extremely
,ed for the Education and Develop- would desegregate the Hispanic · dlssatlsfJed". with the system and
ment of Others), a.nnounced their. and Southeast Asian students
with the plan. ··-·. ·•~ .
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_;plans at a ,conference for bilingual_ and satisfy the state Education
• •1p,frents and sa,ld that lcga_laction Department and state and federal . "J feel that the school system ls 1
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out _toget us and out for revenge,".
:,.will begin In federal court In Bos- aws.
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he said. "We will get our revenge
ton next week.
. By a 4-3 vote, the committee on
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bn
them
in.
court."
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e main reason we arc iling
une
approve a pan,
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_,'this suit is because the plan that up by Lowell School Superinten- . · Perez-Bustillo also said that
• ,vas passed by the Lowell School dent Henry Mroz and members of the suit would focus on a 33-polnt
.c Committee on June 11 never men- the _Education Department, call- plan, designed_ by. Hispanic and
tloned anything about total deseg- ••1ng for the purchase or. lease of Southeast
Asian groups last
regatlon and compensation for eight portable classrooms, hous- month, which calls for the rellef of
those kids In the YMCA and the Ing bilfngual offices In the Central overcrowding and the hiring of
-Boys Club," said Camilo Perez- Street School, the_ pal!_lng of Jhe • mo~e qualified bilingual personBustlllo, 6ne of three lawyers who • Pyne and Rlversldt: schools and . nel.: - \ 1 .•.,-i.' -~· :;
·J'\J{lll be representing the Hispanic· adopting a-.!'~ontrolled ch~lce" - -Attorneys'Alan Jay Rom of the
.., and Southeast _Asian communl- plan of student assignment..·•··
Lawyers Committee for Civil
ties:
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Perez-Bustillo,. Ocasio and . Rights and Roger Rice, who works ;
;:~. Since the_middle of the school Huertas say, the plan, although,' for META Inc.;Multl~ultural Edu- J
• year, more than 160 linguistic ml- approved by the state, d_idn't go cation Tral!Jlng and Advocacy of
norlt_ystudents have been attend- far enough to warrant their ap- Cambridge, will join Perez-Bustillo
nl.~g classes In the Lowell YMCA proval.
in prosecuting the case. .
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'i·\"~it. ':orfi~ials ca·~~of'come: up ;, : ~ Hirin~ two. a&lt;ld1tional
· P.By:NANCY COSTE_L~Q_
• • ·, . • wifh ·solid program: initiatives, b1hngual guid~nc~ couns~lo_rs~
1
, l... Sw{~taff •. ·.·, ••.-· ·,·.;:' ·.:·'... ·parents 'will appeal ~- the· City serve Ca~~o~ian ~~~?t,~~?~~pic
•.}: '.:i..::~,~:,- .
. . . . •,.:-·,...-, Counc~l an~;State ·Boa.rd_ of .~tu.~ents•.: ·::. . , ,:: ,'':·~_I',.1 •
! ;.•·.\@.\YELL -· M1nonty parents, Educ_ation _to;v_eto_
the building .·,-;:· ;:-Prov1d1?gCa~bodian, L~o;
I t/;~µjng Lo.well Schools _forun&lt; ..plan: Parents could also s_eeka,~-tian ~nd ·H1span,1cc_ommunity
.ft equal'.educational practices are ,•court injunction to_halt actio_non: .;liaisons in t~e Spe_&lt;:;'.1!,.,E1uca:J deip'.S:lndingthe appointment of . the building'plan;Perez said. ,;-._:::.tio~
D!)partment .. \';;ii'.t&lt;:.-,!•,
an··assistant superintendent for . ,\'We would prefer none o.ft~at_ ,. :- •Assigning assistant prin_;, ~ilingul;\l servic~s: and other .. _happe_ns," the· atto~ney s_ai~.·; ~ip~ls who are knowledgeabl~ of
d··staffing 1ncr~a~es1n at~empts to. ; "But 1~ de~ends on t.~t. c_~:,Y
~(bilingual education.issues to.~vJ.~~-t~l~.\.th~
.-~~vi~.
~-a"'.su1tou~ _.of•.good will.
• . . .. . • •••cry.'school that has 50 or mpre
:!. ~urt. !r:,) _.,,;" v. '. ••• : • •_i' : ' • "We W!lJ1tsomething _in_wnt-._'linguistic n1inoxjty children. ·
;l'·i•t-:~!6-po1nt do_cument,,which·. i1:1g- we ;want so~eth1ng (~he__.-._.'Providing at '_least one
) .reVIses.Jhe pubh.: school.a ~980 ... city) can be_heldto, Per~~sa_id• .-:·bilingual guidance :counselor,
!-' Lai;i'pla~ for,-~tuden_ts~f_hm1ted-.:;.. ; Mayor Richard .H~we ~ e~rly •:social worker or psychologist at
(i ~I}g~~sh),pe~king •ab,1hty, was .._;;-.
assessment of th~ n:iinonty pa- .\each school_ offerin_g·~~~Hr:i.g;ual
[°\'~n~~r.dehvered
to the b~ue-_-.rents' ~er:na.nds,_,hov.;~Y-~~~-~-:~.'..-:services:·&gt;•)t.·::;,r:.•,,
..:·&gt;1:·,:::.\:
n~~n pa?~l on d:segregabon. :\.n.?t op~1~i~t~c.
•.. • :· .. ·:. ,,_,:·:.:....:·Developing year-roun_d 1n•:i;It 1_~clu~~~~terns discussC? d~r- ·r . .- "_Ith1n_k_
its an at~mp~ t_oqr~;;,.service training for all teachers
1
l:f-ing four informal negotiating· ate· a· bilingual bureacra~y,
•on ·education of multilingual
'"
'.·'r,
sessions held between parents Howe declared. "I'~ surprised students.
::..... , .. , :-~:, ;
·i and city officials since J_anuary. '·.they went public with deman?s ! •._ Estriblishing' a Linguistic
';'... "Ther~ ca~•t be me_an1ngulde- ,.that to some_exte~t ar~ unreahs-· • Mi~ority Task Force to oversee
'..\'segregabo?- if !here i~ not equ~l ti_c - especia!ly _in.vie": of the.: Qilingual education pro~9:ms.
.
Ii programming, •explains Camil- city's financial res_traints. It
•_. Developing multilingual/ , .,
.IoPerez, the attorney represent- doesn't seem to be u?-.the best multicultural
programs that
'.i· in~ :Hispanic. and So~t~;a.st • ii:i-terests for H:is~a~ic_~,:o~.!he would include _literacy:training
f-i•Asian parents in t~e smt. -Dis- city of Lowell. • •
,. . .
in English and foreign_ lan;.;i··cussion (of the suit) has been
"We have made a determined
, .... , .., :
helpful/but it' wasn't_:_substan- effort to comply' with' (equal • gua~~~~~l·o~in~ individualized
J tive. We hope to break the dead- •education opportunity) la~, but drop-out prevention and recov-•, , ;
, [:lock}.~Yr:nakID:gthi~· propo~al w: can't.solve the problem ?ver- ery services for lingu~st\c mi_nor- ,
Y.1:and•see111:g where, t_he
city. night," the mayor cxp]a~n,ed. ity students.··;.'•,:,.:'!· .--:i··,,•:•·
.. '· .-.-.,
1
J:stands'.".:::.,::_,i':';'':_l~·-:·:·,·,'•.t • ':ii_
"There's no magic wand.".:_,:,• .
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.h"::
{J'o'.t' Perez said '"minority 'parents
"'Howewill be meeting 'with the
\
i-L~lltry'toblockstatefuridirigfor
school 'committee' in' executive
;.·f th~'i&gt;i:&lt;&gt;P?sed
:$1~; milli?? school session· tonight :to. disc~s~•·the
;:fbwlding proJe_cli~f th,! city does document submitted by__~1nor;-:f.-notagree. to 1mprov•~ments for ity parents.,
. . • •·•.• •
".fmult~lingual/multicultural
• -Improvements. suggested by
ti:
progr·ams.. To providr! equal
edu- parents include:':
:• . ':·,' _,·
I t•
. • •
.
r,:.f.cational opportunity to minonty • :...: Hiring an ·ass1sta!lt super,.'.! students·, -Perez noted,- the city intcndent of linguistic minority
•1 j inust do !Dore than just racia_lly service_s,:..i, • ,... ' 1~ :J ·.·•;": .•·.~: ;.'
_,j balance -1ts schools: and ·provide.
-· Hiring four assistant d1rec; :.iupdated facilities:, ,,•.,;-,,v,!,n·,
tors of multilingual/multicultu'..,J- • If the minority parents•and
·ral programs. '· ••• ':.,

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• THE BOSTON GLOB!;:

'
WEDNESDAY. OCTOBER 21. 1987

Raynolds warns on Lowell plan
Says
s11itis lillely if ·school
desegregation. not.
carried out
.
.
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'

By Muriel Cohen
Globe Staff •

If.Lowell does not comply with
the terms of a desegregation plan
that the state has approved, state
Education Commissioner Harold
Raynolds Is prepared to have the
attorney general sue the School
Committee.
:e
'
Raynolds said _y_esterdaythat
he "would be In Attorney General
(James) Shannon's office lmmedl·
ately f askin&lt;1
•
o.,, !!Im
....~ to bring suit,"
charging school officials with vlo■

RAYNOLDS

Continued from Page 21
Still. Mayor Robert Kennedy.
who favors the desegregation
plan. said that next week he will
bring in state officials and celebrities to ride buses to show their
support.
Last night, during a City Council meeting. former Mayor M.
Brendan Fleming labeled the celebrity idea an-"attack team." and
said many residents were offended.
. '.'People were asking me._
signment plan developed by the
state. The court found the School
Committee violated the equal protection guarantees of the 14th
Amendment by setting up separate feeder patterns for black and
white schools.
•
'
"Tale of two cities . .. " '
.
.
"They can choose between the
tale of two cities - Boston or Cambridge," Raynolds said yesterday .
In announcing plans for the Lowell group's plan to v·isit Cam_bridge.
•

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. .Jatlng the equal rights guarantee
of the 14th Amendment to the.
Constitution.
The legal strategy for developIng the case would be determined
by the attorney general, said Rhoda Schnelder, attorney for ·the
State Board of Education. She also
said Raynolds would recommend
to the state Board of Education
that the suit be filed.
Because of the suprlslng success ,fl{._.aQ.tl.desegregatloncandidates In last month's preliminary

election~ for School Committee ..
and City Council, some candidates
said later they might try to have
·the plan rescinded. In June, the
School Committee accepted the
'plan on a 4-3 vote after a state
threat to cut off aid for bilingual
education.
School· Superintendent Henry
Mroz said yesterday· he doubted
opponents would :,ucceed because.
"The attorney general would be In
here the next day."
RAYNOLDS.Page 24

'Why?' " Fleming said. "Lowell is
a city that historically has had
open arms toward Immigrants."
Tarsy Poulios. a retired mailman
who, in his first run for office.
used an antidesegregation platform to reach second place among
25 City Council candidates. also
denounced the idea.
"Worst problem of all ... "
Kennedy said he wants to off-·
set an apparently growing tide of
opposition because. "This is the
worst problem of all, to have Lowell labeled a bigoted city ...

Raynolds also announced that
a delegation of Lowell parents and .
officials will visit Cambridge soon
to study the "choice plan" that
has successfully desegregated that
city's public schools.
Several Lowell School Committee candidates are campaigning
on antlbusing platforms with the
same kind of· dramatic rhetoric
that roiled Boston 15 years ago.
Despite the·resistance of many
political leaders,· Boston was ordered to desegregate its schools by
a federal court order. using~~~s:

Cambridge responded to the
possibly be used as a sanction
state's requirement for eliminatagainst Lowell if it reneges on the
ing racial imbalance in Its schools
desegregation plan.
by adopting a "choice plan" that
Raynolds has warned Lowell
allows parents options In selecting
that he would press the suit to
a school.
.
withhold funds ''if there is a roll- •
Before the federal suit in Bos- back of any kind In the desegregaton, school officials had reneged
tion plan already adopted by the
on a promise to develop a desegre- • School Committee and approved
gatlon plan under state law. and. by the State Board of Education."
the state Board of Education froze
On Monday night. Raynolds
half of the city's school budget. . warned that' if opponents
to
The School Committee sued the
Lowell's centrallz"ed enrollment
state for restoration of the money.
plan try to rescind the plan. they
Withholding state aid could
-would be putting pressure on the

Raynolds warns of suit ,if Lowell
wealieilS1.new:desegregation
,,plan

state attorney general to follow
·
-· ·
through on his earlier threat to In racially Isolated classrooms.'·,... They still have not developed the
sue the city.
,
Raynolds criticized busing op- full ~pac;!ty to provide the se:· •
1
Second suit endi.n
.., .. ,:.: ponents yesterday for blaming the vices.
. •
,
•
•
p
g
. centralized enrollment plan for
Furthermore, Raynolds said.
• Raynolds also said a s_eco~d the busing problems. He said, the . he was disturbed that only one
suit Is pending. An at_t?rney s blame should be placed on.the In'"'' bus company submltt~ a bid for'
group based In Cambridge has adequacies of the bus service .. , ••. the bus contract. ·
,. ~ ·
·
filed suit In federal court charging
He called the school bus service ,
"There have been a series of InLowell with failing to provide ade- In Lowell "a real travesty : .. The. adequate management provisions.
quate bilingual education to non- bus company delivered 26 buses and the bus company ~?s failed to _
English-speaking children and Instead of the 38 that were neces- • live up to Its contract, Raynolds •
maintaining minority youngster~ 1 sary, ·and ·not enough .drivers.

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THE BOSTON GLOBE

WEDNESDAY. OCTOBER 21. 1987

said.
Proponents of the central enrollment plan have said they have
state officials and other celebrities
lined up to ride school buses next
week to support desegregation.
The celebrity bus ride idea was
organized by Rep. Chester Atkins
(D-Mass.). the Fifth District congressman from Concord. who said
Monday he feared opposition to
the central enrollment
plan
threatened Lowell's economic success.
Those who plan- to ride the buses next Monday and talk to parents include Lt. Gov. Evelyn Murphy: Franklyn Jenifer, state higher education chancellor; Frank
Keefe, finance secretary, and former Boston Celtic M.L. Carr. In addition, TV star Robert Urich of
"Spenser for Hire" will do public
service announcements on radio
In favor of desegregation.

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BAY STATE

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Over Lowe I .using
C

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Thursday • November 5, ·1987

availablefor comment. • • •• 1 Alvesadded that the Lowellsit•
•
•
,
. The parentsattendedthe meet-uation was a case of race-baiting
mgto complainthatonly their chil- becausebusingalreadyexistsin the
dren were being placed in inferior city. It only becamean issueafter
•
.• . conditionsoutsidethe [llainstreamthe integrityof white neighborhood
GusMartins
. mine the percentageof anti-busingschools. . '
., '._;_ ·-.:•••...,.. jschoolswer~threate~ed,he said.
candidateswhogainedseatson the 1 •Becauseof an overflowcreated Alves said the city currently
.• The presidentof the Merrimack committee.
•
• by an influx of Hispanicand AsianI buses7,000 of its 13,000 students
Valley NAACPsaid attempts by
Gonsalves
alsocriticizedLowell'snewcomers,the studentswere be-·and the busing plan attached tc
1
Lowellanti-busingSchoolCommit- anti,-busing
candidatesand incum-ting taught in ~akeshift classes'in centralizedenrollmentadds about
teecandidatesto rescinda central- bent member GeorgeKouloherasthe local Boys Club and YMCA,·900 moreto the total.
izedenrollmentplan could resultin for.·creatinga needlessclimate of Perezsa'id.
•.
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Perezsaid the city has hadtrouswift federalcourt action.
'
.
continued to page 1
"Whateverthe facilities,
are ble'acceptinga commu_nity_
that is
AttorneyJuneGonsalves
saidthe
• •
, prettyclearthat theyarenotgetting close to 30 percent minority and
city will haveto moveon its pastinan equal educationand that t~_eregrowing. At present,,•there is nc
transigenceand accept the state
,are manyinequiyesin the syste[Tl;' minority _r~p_resentationon .the
Boardof Educationmandateor else
•.
_. . .: ! add~d Perez. • .....•• • • :· •i
SchoolCommittee.-:--- • •
1
co~tmued fr?m page . . - -1 MichaelAlves,directorof deseg- An attorneyfor the Multicultural
racial hyster!athat has mcit:d t~e regationfor the stateBoardof Edu- EducationTrainingand Advocacy,
parentsagainst further buSmgm cation,calledthe refusalto incorpo- PerezsaidSchoolCommitteemem"Whateverthe facilities, th
~.city. _ .
' • .Irate Hispanic and Asian students bersare setting up a possiblefedThe_can~.idates
are runn!ng~IJinto the Lowellstudent body "in- eral court confrontation. .
we arepretty clear tha(
a non-issue,: Gonsa_lves_
said. If credibly racist" and anti-bilingual
He addedthat busingopponents
(hey are not getting an t~eyV?teagams_tcentralizedplan-:education.,-•
couldfight a protractedand painful
ningwithouthavinga planto deseg- Alvesaddedthat a federalcourt court case but highercourtswould
equal educatfon and
regatethe schoolson the nextpage,
.
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14 I
th
·11f
I t 0 f h d h. " 1. _ : ·,. ,contmued to page 11 most likely hold firm on th:
t1
that there are many
ey WI ace a ? • ar s ip. . ,
Amendmentto the Constitution,or
-A.t!Qi:neyCamilo Perez,_who.ISi O
the Brownvs. Boardof Educati9n
inequitiesin the
repre_senting
Latinoand Asia_n,yar.
. ... _ , . . case that ruled segregation in
1
ents 1~~ !~~~r~I c~~rt-~.a~e
against,contmued from pag~ 7 .
' • schoolsunconstitutional.
·
system." Lo:-vell
s schooldepartment,scalled case set to begin tnal this month Alvesadded that a "Controlled
-· Camilo Perez busing smokescreenhiding the I d~mo_nstratesthe lack pf faith' Choice''plan that he developedfor
real issueovercon!r~Iof the city's mmonty parentshave in ~hec'ity'~Lowell, which was based on the
t em.
.
~ture.
• . . • school syS
. · . ICambridgeplan, was dealt an adlosestateand federalfunds for bi- .: Perezaddedthat s1nc.e
the out- , ~e saidt~e School~mn:i1ttee1s,ditional blow, being sabotagedby
lingual education. : : .
burst~las~Mayby ~ouloheras,
who guilty of trying to rescind 1_ts
own NationalBusCo.that deliveredfour
Gonsalves,
joinedby observersin at_a c1~1~e i:neet1ng
~~ferr~d
to ~ plan.
• , •. •
...•.• 1busestoo few on the daythe plpn
the Boardof Education,the.NAACP, H1spa~1c
contingentas .ba~tards,I Scho_olSupen_ntendent~~nry was supposedto go into action.
state Attorney General. James other inflammatory rhetoric has Mrozsaidthat wh1!et_he~entral1zed He said the company'used the
Shannon and an atto·rney for come _from the 2?-year School e~roll~ent plan 1s in plac_e,the1,tactic as·a bargainingleverto-gain
minor.i,ty_plai~tiffs,
said the groups Committeeveteran.
..
~in?nty ~arentsareprobablycon-·a highercontractwith the city.
wo·uldwatchirfeamestthe outcome
Kouloheras,who was described tinu1~gwith the court case as a
of Tuesday's
city electio.1sto.deter- .by Perezas "backward,"was not saf~guardto ensureits viability.
•
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He
added that state officials
1: •
wouldbe watchingthe electionoutcomeandwerepreparedto takeany
actioi:,necessary.
. •• · •
"The issuewill be decidedin the
community (Tuesday)
by the elections, or by otherauthoritiesin the
future," Mroz said. .

• Lowe
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THE BOSTON GLOBE

FRIDAY. JANUARY

U:~
pro~_

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Kevin Holewinski, the Justice·
•
•••
Dep~rtment ~tto~ney w,h_ovisitt:~
Rice.and interviewed a number .or.
Lowell school officials last week,
1
yestir~~y ·~onfirmed the fede~a~
investigation, but declined to say.
•
if of ,:Y.,h~nla_wsuits wo~Id _be~ii~.;
; J\ Justice Department lawyer;
who asked not to be named said
tha/ William Bradford Reynolds,
chief of the civil rights division,
hacl;ordered the investigation.
aft&lt;;i: reading about the death of
't',. I
.~O")'fllstudent Vandy P~orn~. 13_.:
By S,teve Curwood
• ~)19rng wa~ ki!Jed in an alleged
Globe.Staff
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racial
, incident after his school bus
• The US Justice Department
failea to arrive one morning and
has· begun an investigation into. he ,went fishing instead·. An 11-:
alleged racial discrimination in. yeaV,·old·youth _has ~n ·charged.
the ~well public schools and may
with murder ·ahd violation of1
file a lawsuit, lawyers said yester' g·.s c1•v1·1 n·gh"ts. •, .·, , ,• .,•;.•.--,.,
, ,,.
Ph orn
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Lowell.· which implemented a' , ',I;he Low~JI voluntary desegr~ 1
state-designed voluntary desegre~ gation plan is supported by'on,Iy
of its • six school board mem-:
gatiori plan last f~II amid an acri- • three
'
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ber13.
State
sources say Raynolds
monious School Committee cam_paigr1and a fouled-up bus si:hed-. has ,been lobbying newly elected
Mayor Richard Howe, who'
i
ule, !'ias already been sued by His· -Lovvell
sits
on
the School Ccommittee,
to
panic, parents. who say.the. .volun,
.
~
. r·, ,.
support
the
plan.
•.
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tary_ plan does not go far ~nough
to eradicate discrimination in bi·
~;rh~
st~te hop;s to pr;~eiit th~·;
llngl!al education anti personnel. .'. feds from filing Jf the voluntary 1
plap remains, ... said a source.
!'
~oger Rice, an attorney for
Multicultural
Education
and
, Ma~tin Walsh; regional direcTraiping Advocacy, a legal assis- 1• tor;of the commu·nity relations ditance group that is representing,
visi9n of the Justice Department,;
the flispanic parents, ,said yester- '. declJned to.1,peculate on ·whether,
day ihat a lawyer from the Justice_'. Washington will intervene.·:•"' "
Dep~rtment's civil rights division.
;1There_.ar~ ·a. Jot of p~obie,~s~
In Washington .recently told him • th t
·
ed i
i ·
that',"a decision will be made soon
8. were 1gnor • or years n,
Lowell." Walsh said, "and they·
abol!t whether they will intervene •• arf now receiving national at ten-'
as a 'plaintiff in our suit." •
• • t·1 • .. : . .
,;
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··The Justice Department may. } °K ,',. t: .. , •• ' .. ' ' '
'
also';1ntervene in a bilingual edu· I . . ·J'Some_of the kids __rfgh_tswere
cation suit brought by Rice's I be~pg pen le~. _There ,was. not 1
group against Gov. Dukakis. Edu-'
en~!-lg_hroo!!l 1n school, so .m.1n9.r;
cation Commissioner
Harold
ity_ch1ldren were kept_home. '.).'hen1
Ray/10Jds and the State Board 0 (
·t~~y us_ed.11:1adeq':1at~
f~clllties foI,
Education, Rice said. • • • • .•t H1spamc kids,. and~~~-1a_1?..kids, ;i
1
State. officials yesterday ques'.: ~aJsh sai?;. \ ,_ •.., :.,•.;• · ;i,r/. &lt;1.&lt;i
tlon,~d whe_ther' the Investigation·
·-'t:_Ther;-e_are also few Hi~panlc.
ahas.~ political motive: "[Presioent]
te~chers, •almos,t nonex1~tent1
Reagan's civil rights divisiori ..has
Asi*n teachers. and a whole slew
do'n~ nothing for years. Now all of'
bf things. To the credit of Harold.
a sudden they are lnvestigating 4 Ra!no!ds, !iOmeprogress has been:
Low~II?The same city Mike Duka·m~de. But some people feel there Is
kls 'has cited around the country'
not enough progress," Walsh said.
' city of a turnaround? I
•~ J,-1· '.,_ --~--.
....
as the
"~-~--· ....a...·
•·•·...
thiqk •1t's_all about :trying to em-'.
barr.ass presidential candidate·
Dukakls
;·;
. ... .said one official.

riice-hias·
.
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ailegatioIIS

ill Lowell ...
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--.~··::BY SUSAN DIESENHOUSE

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•. • · , . • The Lowell agreement includes • •• The Lowell schools have 13,600 stu:. ,:0,,.:._..__Spcciol&lt;oThc ,...,. Yon&lt; Times
. . .... :· .. these features: .
dents. About 42 percent, or 5,691, are
···BOSTON, Dec. 13 _ With a Federal ••·::·. QThe school district must try to·· fro1:1 minority groups, mostly Camcourt's approval, the public schools or
find all the hundreds or children who bochans, Laotians or children or HisLowell, Mass., are starting one of the
dropped out or school smce 1986, panic heritage. About 2,900are in the
nation's most far-reaching programs
when turmoil overtook a system un- b1lmgual prog~am. In 1980,17 percent
of instruction and special services ror
able to absorb a large mflux of stu- of_the_systems students were from
students and parents whose first Iandents who did not speak En_g_hsh.
The
mmorrty groups, with 454 pupils getguage is not English.
dropouts will be orrered a b1hngual or
tmg b1lrngual educauon.
_ standard educational program.
new arm of the Lowell School
La st Friday a Federal court here
QA school for bilingual instruction
Committee will be set up to oversee
approved the plan as part or a settlewill be established, bringing together the new plan. The district will hire
mentor a suit againS t Lowell, a city of
s_
tudents_or all degrees or _co_
mpetency
more administrators, teachers, guid95,000 residents 35 miles northwest of
Boston. The suit, brought by the parm English and emphas1zmg Amerance counselors and other specialists
ents or Southeast Asian and Hispanic
lean and Hispanic cultures. The • for the program.
.
.
·.school must have roughly a 60-40
Th Fed
•
stu_d~nts m 1987,_charged that school : •.ratio or white and minority students
• e
era! court will monitor the
otf1c1als had dehberat_ely segregat_ed . .'..as required by a state deseg egat'o
plan, ·whose cost is estimated to be
I •
the_children and i:,rov1ded them with .•.:·plan. . . .
.
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n $159,000 for this school year, said a
an inferior educauon.
•·
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• •. •
. lawyer for the.parents, Camilo Perez.
.
• • • •·• • • • .. • .
QParents who speak little or no· Bustillo.
• ,. , .
: ..~'This plan is on the cutting edge ;· . English will not only receive all
and will advance what we think of as :: school notices in their native Ian- • • The suit was filed after the city •
schools, pressed for space, put many '
bilingual education," said James J. ··guage but will also have.interpreters
•
Lyons, a lawyer for the National As- ..:-:·._available at school board meetings pupils who did not speak English in
: makeshift classrooms, like a former
sociation for Bilingual Education, an :-and student disciplinary hearings.
advocacy group. "It seems com pre- ·:·.,·:QCounselors and tutors will be on , boiler room and a former ladies'
hensive enough to be a -national ,:.call to help students who leave the room. Classes were often large and
model"• . :.· : . .;: ..... ·•fr .... :..• , ____
• ......
·-· -~• ... ;:.-.bTn
• th_eage span of students great. : . ._.:.~
- __ •••
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1 1 gua I program.
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,): George .0 .. Kouleharas; a..school
committee member who opposes the
plan, said: "Let's teach the three R's .
and forget about social engineering.
Bilingual education is a disservice to
·these kids because it keeps them
from teaming English like other im- .
_migrants did.''..-.:·..·,··••;•,•-,.;_
.. •••. •·,··.: :
.,- 0 Alex Huertas, president
or the Hispanic . Parents' Advisory . Council,
:_whichwas a plaintiffii11 the suit, said .
·,the plan would improve the quality of
education and community relations.
But he cautioned, ~•we don't completely trust the city or school admin•
: lstration because they· haven't been
·sincerewithus."
.• •.-:L ;,:,. :·..:: i
·:~=But one expert in bilingual educa- •
lion said that since a settlement was
negotiated, rather than imposed by
_the court, ·the community relations
,needed to support the plan and the ;
school system are·;more. likely to
:exlsL. •.'.'Lowell was a time bomb,'.',
:$aid.: Martha Montero-Sieburth, • an •
.'assistant professor _of education at '.
Harvard •University. ::!:But . now. the :
·schools should be at:,le: to work with·
.the community..'~...~,_;..;;.~·~•·-··~.~~·.&amp;
•-:,

•
•
•

_..,

• • , •I

•

•

____

•

• •-

-•

. • ,

••

,,

•---•L-.,

•
•

. . ..- ....... -

•·,

.... .

.

.... ·•.

. .
,.:

.: •.•

·-

··•--:--:- ·:·--•-,......

,

....~--.,,,-~·":':";;'.-::··--··.
..........
,

�•
Volume VIII, Nurnber 16, January 11, 1989

•
•

Legal Settlement
In BilingualCase
Hailedas Model
l)act J?equiresDistrict
1&lt;&gt;
Fine!,Aicl Dropouts
By Deborah L. Gold

•
•
•
•
•
•
•

The Lowell, Mass., public schools have
set in motion a comprehensive effort to aid
students whose native language is not English, including an unusual pl;,m to seek out
and assist those who have dropped out of
school.
The plan, part of a desegregation settlement that was expected to receive final federal-court approval this week; is being
hailed as one of the nation's broadest attempl&lt;; to help compensate for harm allegedly caused by insuOicient bilingual services .
. It is the productofmonthsofnegotiations
between school officials and Hispanic and
Southeast Asian parents who filed a class
action against the school system in 1987.
The suit, }{ ispanic Parents Advisory
Cou11&lt;:il
v. Kou.loheras, charged that the district unconstitutionally segregated limitedEnglish-prolicient students and failed to
provide theni with "appropriate and effective educational services." Such "inferior"
program$, it alleged, were partly responsible for a disproportionately high dropout
rate among minority students.
The r;cUh•ment cal ls for more co1,mseling
and support services for language-minority
students and their parents and stepped-up
recru'it,rnent and training of bilingual staff
members.
It also requires that the students be guaranteed equal access to all instructional program:;, and it expands multicultural and
"two-way" bilingual programs that teach
Continued on Page 12
• Continued from Page 1

both immigrant and English-speaking studen·ts in two languages.
. The U.S. District Court of MassachusctL~initially approved the voluntary compliance plan last month
and was expected to make it final at
the close of the 30-day notice period
that expires this week.

A.ids Those System 'Failed'

•

J,:unes Lyons, counsel for the National Association for Bilingual Education, praised the "total comprehensiveness of the agreement and
the commitment to prnvidc robust

kinds of programs for language-minority children."
Observers say that il'l "dropoutrecovery" plan is also unique.
• "!:or the first Lime,a federal court
i~ ordering that all the students of
different racial and language backgrounds who dropped out during a
period of great turmoil in Lowell
have to··be identified, located, encouraged to return to school, or provided appropriate alternative programs," said Cnmilo Perez, chief
counsel for the plaintins.
"What makes it stand out," ndded
Mr. Lyons, "is the outrench nnd the
real remedy it provides for those
that the system has failed."
Another important element of the
plan, Mr. Perez said, is that it extends support services-such
as
guidance counseling and dropout
prevention-"beyond the bilingual
program" to students who enter
mainstream classes.
Nationally, "the majority of language-minority kids arc in fact in the
mainstream," he said. '"J'hcy are the
ones who tend t.obe the least served
and arc clearly at risk." The Lowell
plan, he adclL'&lt;I,
"begins to point a direclion in which the Lide can be
turned."
"By elevating the quality of minori:
ty education," said Richard P. Howe,
mayor of Lowell and chairman of the
school l'Ommitt.ee,"we hope t.o improve majority education, too, and
minimize the friction that had existed
among different gi-oup.~."
Given the context of racial tension
and strife that has existed in the city,
said Hoger Rice, another lawyer for
U1e plaintiffs, "the most important
thing is that it happened at all."
Surge Strains System
• The suit was filed after the district, short on space to accommodate
an in0ux of immigrant refugees,
held bilingual classes in makeshi(l.
facilities that included portable
classrooms, a local Y.M.C.A. and boys'
club, a converted ladies' room, and a
former boiler room.·
According to school officials, Lowell has experienced a substantial
surge in its minority population in
recent years, largely as a result of a
second wave of immigration by
Southeast Asians.
The city-which,
after Long
Beach, Calif., has the second-largest
community of Cambodian refugees
in the country-counts an esti matcd20,000 refugees among its 100,000
residents .
About 42 percent of Lowell's
13,600 students are members of mi-

norily groups; 25 percent are Cambodian, Laotian, or Vietnamese, and
15 percent are Hispanic.
The number of minori t.y students
jumped from 640 lo 2,160 between
1975 and 1980, and to more than
4,000 in 1986. Between 1985 and
1988, bilingual-education enrollments tripled.
To cope with the enrollment
surge, the district has embarked on
a $131-million building program
funded primarily by the state. It has
also spent hundreds of thousands of
dollars to rent space and portable
classrooms, hire new staff members,
. and provide other services.
Parents nemained Dissatisfied
George D. Kouloheras, the only
school-committee member who 01&gt;·
posed the new settlement, has maintained that Lowell's plans for serving the minority liludents were
adequate.
"We found space for them until
such time as we got additional modular class·rooms," he said. "Every-

•Theplan "begins to
point a direction in
}Vhichthe tide can
be turned."
- CamiloPerez

thing we did in Lowell was with the
blessing of the [state] department of
education." • . • •
'lb deter legal ·action by the state,
however, the school committee in
Jwie of 1987 also adopted an enrollment policy that gives parents a voice
in choosing theu: i:hildren's schools,
"subject tothe constraints of minority
balance and space availability."
The plan appeaseci state officials
but did not.satisfy minority pai·imts,
who _!'pressedthe. 'suit for other issues dea/ing specifically with bilingual educalion," said George N. Tsapat.&amp;~ris,a proje&lt;:t director for the
Lowell sc):iools.. • :· •• •
• • .
Besides continuing the revised enrollment policy,the city has agreed to
spend $159,000 for several new staff
positions, including ."facilitators".for
the various·languagcs and l)ilingual
staff me.mberswho will be assigned to
serve as home/~hool liaisons, coordi-.
nate the pareri~_itilvisorycouncil1 an_d
provide,gui~_aiicf_\,ervices.
:. -' • •;: , .
.•

! J,\

•

• ••

! ...

�•

•
•
•
•
•
•

•
•
•

Lowell, Mass., Settles a BilingualSuit
WithPlan To.Aid LanguageMinorities
Other.Elements of Agreement
. Th~ pj~n~lso: :••\ ·
••
••
•Aims.lo eliminate inequities in
staffing, transportation, and facilities for language-min9rity students
and entitles them to course offerings
"equal and comparable" to those in
the standard program, including
computer instruction and vocational
and special education. ••. ··:-·1• Calls for refonns in special:education placement and services for bilingual students and prompter proces.c;ing of special-education complaints.
• Seeks to buttress parental 'involvement by expanding a parent
advisory council that offers guidance on bilingual programs, and by
fc;i~ming a ·mayor_'.scommittee to
\meet monthly with parents and
"monitor the plan, which.will also be
overseen by the court .
· , ••'·:'.
• Stipulates that student-disci~'
pline notices be prepared in the par-'
ents' home language and that bilingual staff and interpreters
be
present for•consultations. :··::: ·,,_• •.
f\• Calls for_improved cultural and
language program.:;;a new "multilinglml: m11\tic11~~\~\"schoo\~,·\\~8,
two-wny bilingual program; expansion of existing two-way programs;
and a demonstration magnet school
that teaches the l{hmer, Spanish,
and English languages and cultures.
In addition to providing dropoutprevention programs for languageminority students identified as "al
risk," the plan requires the schools
to contact all students who have
dropped out-since 1986. They are to
be encouraged to return to school
and offered special services.
Mr. Tsapatsaris said school officials already have begun reviewing
strategies to locale dropouts and
have begun recruiting personnel
called for in the plan.
"We're not waiting for the docu:
ment to be agreed to," he said.
"We're looking to initiate every aspect as quickly as we can."
National Mpdel?
Mr. Perez, the plaintins• lawyer,
said the Lowell plancould be drawn
·on as an example as similar lawsuits
arise, particularly in st.ates that have
recently passed amendments making
-English the official language.
"In each o( the-communities
where this has arisen, almost invariably bilingual _education is one
of the first issues tackled," he said .

A ruling is expected this month in a
Berkeley, Calif., case that is testing
the state's responsibility for limitedEnglish-proficient students under its
relaxed bilingual-education rules.
Alex Huertas, .president of the
Hispanic Parents Advis~ry Council
in Lowell, said last week that he was
"very· confident"· that" the Lowell
pla1i"is going to be a pn:iductive settlement." He added, however, that
the city "has to explore other
sources" of aid Lo implement the
plan because both the city.and st.ate
are
strapped for
funds. ;_• '
'
. .
.. . .

\ : • Fcderaf Aid Sought ·:
Lowell's problems in coping with
its burgeoning im.migrant population have drawn the attention of the
state's Congressional delegation
and Secretary of Education Lauro F.
-Cavazos, who met with school offi·clals and toured the city's class.rooms last month. · ••. , .
•
• ·1.bhelp raise funds for adcliti~nal
.teachers and classrooms, the school
system is seeking federal assistance
under a variety of Education Department and Health and Human
Services programs.: ..: • •.• •••.-'.• ~ ·'
An aide to Senator Edwa~d M.
Kennedy of.Massachusetts said the
Congressiodal delegation was "looking at the problem and trying to find
ways to address it," possibly by re."
viving a bill to aid Lowell that died
last year .. •.__-.:--•
• •
.
One novel funding source being
explored by the school district is impact aid,
program designed for
areas where military and other federal installations have limited the
tax base for sch9ol funding.
Mr. Tsapatsaiis said district officials think Lowell.should qualify for
the federal prograv,i _onthe grounds
that U.S. immigr4_tion policies allowing refugees to rl!locate have had
"sucp. an overwhelming impact' in
. " ',. . •. -·,.:;~;
•". :·,. .
,sue h ,._ashort tune.
t But one Congressions1l aid.e-.said
'.ihe biq for impact aic\ ~~s.:"ii11liRely
:to: succ~ed and that 'othei- federal
prow-arriS-:-such as th{i!mergency
ini~f igrii~t and transitio_n_'refugee
•progtam_s:~:.would offC:r:'.'more ap\"',li?~.li\~~~:~·!W.\m'e$.
o.(~t~-·-:,'.!:: ......

a

�....

......,..

UNITEDSTATESDISTRICTCOURT

//',.

DISTRICTOF MASSACHUSETTS
• ,

)
)
)
)
)
)

VS.
GEORGE
D. KOULOHERAS,
ET AL

Defendants

.../'

r
r.,f

HISPANICPARENTS
ADVISORY
COUNCIL,
ET AL
Plaintiffs

•

I

....

j

$· .,

"

·'11c,
,

•
u'\

i

,.,,I'

-.. I .1··'

CIVIL ACTION
NO. 87-1968-K

_.,'•~··

.s

)

MOTION
FORA ffiOTECTIVE
ORDER
Now comes the Defendant, City of Lowell, and pursuant to Rule 26 (c) of
the Federal Rules of Civil Procedure moves the Court for a Protective Order
limiting the scope of the Interrogatories
and Request for Production of
Documents filed by the Plaintiffs
in this matter on the grounds that the
requests are unduly burdensome to the Defendant and involve matters irrelevant
to the Plaintiffs'
Complaint.
Specifically,
the Plaintiffs
seek detailed
information regarding the
enrollment and placement of students in the Lowell School System, as well as
specific expenditures made by the School Department, for the period from
September 1954 to the present.
In order to respond to the Plaintiffs'
Requests the City of Lowell would be put to great expense to search records
for thirty-three
years, and it is likely that much of the information would
not be available.
J

Therefore, the City of Lowell moves the Court for a Protective Order
limiting the Plaintiffs'
discovery request to a reasonable scope determined by
the Court.
CITYOF LOWELL

Tf-0

City Solicitor
Law Dept., City Hall
375 Merrimack Street
Lowell, MA 01852
Tel: 454-8821, Ext. 264

�..

•

,

CERTIFICATEOF SERVICE
I, Thomas E. Sweeney, City Solicitor,
hereby certify
that on this date,
November 13, 1987, I mailed a copy of the foregoing "Motion for a Protective
Order", postage prepaid,
to Alan Jay Rom, Esquire,
294 Washington Street,
Suite #401, Boston, MA 02108, Roger L. Rice, Camilo Perez-Bustillo,
7 Story
Street,
Cambridge, MA02138 and Thayer Fremont-Smith,
Choate, Hall &amp; Stewart,
53 State Street Exchange Building, Boston, MA02109.

1256A

�•
UNITEDSTATESDISTRICT COURT
DISTRICT OF MASSACHUSETTS
HISPANIC PARENTSADVISORYCOUNCIL,ET AL.:
••
•

..
.
.
.

Plaintiffs

vs.
GEORGED. KOULOHERAS,
ET AL.
Defendants

CIVIL ACTIONNO. 87-1968-K

.

PLAINTIFFS' OPPOSITIONTO DEFENDANTS'
MOTIONFOR A PROTECTIVEORDER
Plaintiffs
the following
1.

oppose defendants'

Motion for a Protective

Order for

reasons.
Defendants

have not specified

which interrogatories

and/or

documents they claim to be "unduly burdensome" or "irrelevant"

so that

plaintiffs

can respond with an analysis

Plaintiffs

do not interp;et

defendants'position

to any documents or answers
readily

available

manner.

with a generally
2.

Prior

waited

interrogatories

filing

did not confer

opposition

as they are required

For the above stated

many documents are

were due and only responded
Order."

of a Motion for a Protective

with plaintiffs'

standards.

can be answered in a timely

worded "Motion for a Protective
to their

legal

they are not entitled

and surely

to the day responses

defendants

Defendants'

that

to interrogatories

and certain

Defendants

of the appropriate

attorneys

Order,

regarding

their

to by Local Rule 16.

reasons

Motion for a Protective

plaintiffs

respectfully

request

that

Order be denied.
HISPANIC PARENTSADVISORYCOUNCIL, ET AL.
PLAINTIFFS

�•

•

-

C/2!1Yi))

1. ~,c~
By: (14,(,( , Lo f&amp;7c€ :z.-13u-;ru..li,,/'?"~
ROGERL. RICE
CAMILOPEREZ-BUSTILLO
METAProject
50 Broadway
Somerville,
Massachusetts
02145
617/628-2226
!206~

BY:

a ../],~-

A~dM

Lawyers' Committee for Civil Rights
Law of the Boston Bar Association
294 Washington Street Suite #401
Boston, Massachusetts
02108
617/482-1145
BY: Tl·h4 ¼t:R.. F~v.&gt;V'l'&lt;:;,1--&lt;
177-/
THAYER REMONT-SMITH
Choate Hall &amp; Stewart
Exchange Building
53 State Street
Boston, Massachusetts
02109
617/227-5020

Under

{{,[Ji?)

CERTIFICATEOF SERVICE
I, Alan Jay Rom, hereby certify
that a copy of the aforegoing
Plaintiffs'
Opposition to Defendants'
Motion for a Protective
Order was
served on the defendants by mailing a copy first
class, postage prepaid,
Thomas E. Sweeney, Esq., City Solicitor,
Law Department, City Hall, 375
Merrimack Street,
Lowell, Massachusetts
01852 this 24th day of November
1987.

ALANJAY ROM

to

�•

UNITEDSTATESDISTRICT COURT

DOCKET

DISTRICT OF MASSACHUSETTS
HISPANIC PARENTSADVISORYCOUNCIL,ET AL.:

.
.•
•.
.
.
.
.
.
.
.

Plaintiffs

vs.
GEORGEKOULAHERAS,
ET AL.
Defendants

CIVIL ACTIONNO. 87-ct..9168-MA

MOTIONFOR JOINT DECISIONREGARDING
CASEASSIGNMENT
PURSUANT
TO LOCALRULE 8(d)(4)
Pursuant
District

to Local Rule 8(d)(4)

Court for the District

in the interest
assignment

of judicial

of the Rules of the United States

of Massachusetts,

plaintiffs

economy, the Court determine

of the above-captioned

case.

request

that,

the appropriate

The grounds for this

motion are as

follows.
1.

On or about 5 August 1987 plaintiffs

case against
that

the Lowell Public

the Lowell Public

equal educational
2.

opportunities

to Lynn Hispanic

indicated

to students
to the Clerk,

that

plaintiffs

segregated

of limited

English

as well the Civil
believe

that

in Lynn HPACand two of the statutory
the cases were not related

proficiency.

Cover Sheet,

as

Civil

Action

in Lowell HPACis also a party

claims are similar.

and assigned

and deny

Lowell HPACis related

Advisory Council v. John H. Lawson, et al.,

No. 85-2475-K (Lynn HPAC). One of the parties

that

the above-captioned

The case (Lowell HPAC) contends

Schools are unconstitutionally

The cover letttr

per the rules,

Schools.

filed

The Clerk decided

Lowell HPACaccording

to Local

�3.
Clerk's

Plaintiffs

office

status

The cases

adjudicative
issues

facts

to the legal

are related

English

English

guidance

whether

comparable

the curriculum,
Indeed,

students

students,

5.

them.

adjudications,

Until

which will

leave

counselors

law,

of
law for

are provided
be present

for curriculum,

is required,

and

i.e.,

and the sufficiency
be tested

of

in Lowell HPAC.

Answer to the complaint,

indicating

that

state

issues

resolved

law is

issues.

Department

are

of Education

programs

however,

there

Likewise,

and the regulations

by the Court

(MOE) will

of the requirements
is a risk

the MOEand local

of the Equal Educational
et seq.

made as

to be developed

under federal

in Lynn HPAC, will

bilingual

such time,

issues,

decisions

in Lynn HPAC, will

in their

of

the same and similar

affect

requirments

once the statewide

having

on issues

in Lynn HPAC. The issue

to be tried

of federal

as to what to do.

requirements
s.1703(f)

present

the bilingual

districts

will

where guidance

curriculum

the Massachusetts

school

quandry

already

Presumably,

definitively,

enforce

bilingual

to resolve

at a

the Court makes in Lynn

are required

the federal

the application

adequate

the

as per Local Rule

rulings

affect

clause

present

the Lowell HPACdefendants,

challenge

accordingly,

the Court's

the decision

counselors

proficient

proficient

and consulted

and herein

in Lowell HPAC. Other

in Lowell HPAC. Similarly,

all

in that

in Lowell HPAC, are already

limited

related

was raised,

and law in Lynn HPACwill

requirements

bilingual

are

instructions.

the ESL "grandfather"

whether

for

This issue

in Lowell HPAC. For example,

HPACconcerning

tried

the cases

in Lynn HPACon 10 September

and the Court's
4.

that

for gui~ance.

conference

8(a)(4)

believe

Opportunities
promulgated

and

of inconsistent

school

the interpretation

inform

districts

in a

of federal
Act of 1974, 20 U.S.C.

pursuant

to Title

VI of

�the Civil

Rights

inconsistent

Act of 1964, 34 C.F.R.

adjudications.

the time spent
For example,

Moreover,

in resolving

these

s.100.1

et seq.

in the interest

issues

the Court can coordinate

are subject
of judicial

to
economy,

should not have to be duplicated.

the use of statewide

discovery

from

the Lynn HPACcase.
6.

This is not to say that

no differences.
context

The bilingual

of a school

plaintiffs

issues

desegregation

heard some discussion

be filed,

the cases

and they would be eager

are identical

or that

there

in Lowell HPACare presented

case.

Prior

of the value
to pursue

are

in the

to the case being filed,
of mediation

should

such discussions

the case

through

counsel.
WHEREFORE,plaintiffs
Local Rule 8(d)(4),
is and instruct

decide

respectfully

move that

what the most efficient

this

Court,

assignment

pursuant

of Lowell HPAC

the Clerk accordingly.
Respectfully

submitted,

PLAINTIFFS
BY:

P06cR. l

Ric&lt;:

(l~&gt;~)

ROGERL. RICE
CAMILOPEREZ-BUSTILLO
Multicultural
Education Training
Education Project,
Inc.
7 Story Street
Cambridge, MA. 02138
617/495-9261
BY: a?el~&lt;-&amp;

~
R0M

to

and

ALANJA
Lawyers' Committee for Civil Rights
Under Law of the Boston Bar Ass'n
294 Washington Street Suite 401
Boston, MA. 02108
617/482-1145

�BY: TH1ly rn_ F'i?.&lt;="-1...1.
~ SJ..-(,77-; (l~)
___ T_H_,_A_Y=E-R.:....;_FR_E_M_O_N=T---SM-ITc-H--..:...,,=.
Choate, Hall &amp; Stewart
Exchange Place
53 State Street
Boston, MA. 02109
617/227-5020
DATED:BOSTON,
MASSACHUSETTS
11 SEPTEMBER
1987
CERTIFICATEOF SERVICE
I, Alan Jay Rom, hereby certify
For Joint

Decision

was served

Regarding

on defendants

Lowell,

Fillios

Esq.,

Billings,

Room 2019, Boston,

a copy first

City Solicitor,

Merrimack Street,

a copy of the aforegoing

Case Assignment Pursuant

by mailing

Thomas E. Sweeney, Esq.,

that

Massachusetts,

Assistant

Massachusetts,

Attorney

To Local Rule 8(d)(4)

class,

City Hall,

postage

prepaid,

Law Department,

01852, and as a curtesy,
General,

02108, this

One Ashburton

to

375
to Despena
Place,

11th day of September,

ALANJAY RbM

Motion

1987.

�LAWYERS' COMMITTEE FOR CML RIGHTS UNDER LAW
OF THE BOSTON BAR ASSOCIATION
294WASHINGTONSTREET

• BOSTON,,',,fASSACHUSETTS02I08

Steering Committee
Hugh R. Jones, Jr., Chairman
John Taylor Williams, Vice-Chairman
John F. Adkins
Edward J. Barshak
G. d'Andelot Belin
Arthur L. Berney
Mark S. Brodin
James K. Brown
Judith Olans Brown
Charles C. Cabot. Jr.
Judith Nelson Dilday
James S. Dittmar
Joseph D. Feaster, Jr.
Timothy F. Fidgeon
Steven S. Fischman
Thayer Fremont-Smith
John B. French
Nancy Gertner
Geraldine S. Hines
William P. Homans, Jr.
Laurence M. Johnson
Sco11 P. uwis
Hans F. Loeser
Joan A. Lukey
James J. Marcellino
Margaret H. Marshall

Frank I. Michelman
Cornelius J. Moynihan, Jr.
Robert A. Murphy
Rudolph F. Pierce
John A. Pike
Glendora M. Putnam
John R. Regier
Samuel S. Robinson
Richard A. Soden
Nicholas U. Sommerfeld
Joseph D. Steinfield
Daniel D. Sullivan
Thomas V. Urmy
Dianne Wilkerson

31 July

• (617)482-114S

1987

Clerk, United States District
Court
District
of Massachusetts
John McCormack Post Office &amp; Court House
Boston, MA. 02109
Hispanic Parents Advisory
George Kouleharas,
et al.

Council,

Enclosed for filing
please find the Complaint in the
above-captioned
matter accompanied with the Civil Cover Sheet
and case information
form, and a summons for each defendant,
along with a check in the amount of $120.00 in payment of the
filing
fee.
I would be grateful
if you would issue
return with our messenger.

It should be noted that the above-captioned
matter is
related
to Lynn Hispanic Parents Advisory Council, et al. v.
John•H. Lawson, et al., Civil Action No. 85-2475-K. One of
the parties
in the above-captioned
action is also a party in
the Lynn Hispanic PAC, and two of the statutory
claims are
similar.

.
....,,.

Secretary
Betty L. Williams

to this

matter.

Sincerely,

a~ap
____
.?a;-

Staff Counsel
Nadine M. Cohen
Alan Jay Rom

,

the summonses for

We have contacted
the City of Lowell and the Clerk's
office
has indicated
that it will accept service of process.

Thank you very much for your attention

Office Manager
Karen T. Horner

v.

Dear Sir/Madam,

Executive Director
Barbara R. Arnwine

Director, Project to Combat
Racial Violence
Robert P. Sherman

et al.

Alan

Roger L. Rice, Esq.
Camilo Perez-Bustillo,
Thayer Fremont-Smith,

Esq.
Esq.

1Rom

�• J's 44

CIVIL COVER SHEET

(Rev. 07 /86)

The JS-44 civil cover sheet and the inform1tion contained herein neithe,. reot,ce nor supplement the filing and su"vice of pleadings or other paoen as rrquired bv law. except as provided bv local
rules of coun. Thit form, aoprovtd bv the Judicial Conference of the Unit~ States in Seote-mber 1974, is re&lt;iuired for the use of the Clerk of Court for the purpose of initiating the civil docktt
1h•tt.

(SEE INSTRUCTIONS

ON THE REVERSE

OF THE FORM.I

DEFENDANTS George Kouleharas,
Kathryn
Stoklasa,
Gerald Durkin, George O'Hare,
David Allen, Regina Faticanti,
Robert
Kennedy, Lowell School Camri.ttee,
Henry
Mroz and City of Lowell

I (a) PLAINTIFFS Hispanic Parents Advisory
.mcil, Parents United in Education and Develo
ment of Others,
Luis C, Rafael L, Juan N, Pedro
N., Wanda R, Angel S, Daisy S, Ramonita S,
Nan~ S, Ana C, Dolores C, Jose C, Sokhorn C,
Sopborn K, .brrousack P, Ron P, MaJ:qarita G,
Migliza H, Iris L, Norma K, and Laurel O.
(b) couNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Mi dd Jesex

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _______
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LANO CONDEMNATION CASES. USE THE LOCATION OF THE
TRACT OF LANO INVOLVED

(EXCEPT IN U.S. PLAINTIFF CASES)

ATTORNEYS (IF KNOWN)
(C) ATTORNEYS (FIRM NAME. ADDRESS. ANO TELEPHONE NUMBER)
nt-Smith
Roger L. Rice
Alan Jay Ran
Thayer Fr
carnilo Perez-Bustilo
Lawyer~ Qnte.
Choate, Hal &amp; Stewart
METAPro1ect
for Civil Rts
53 state s eet
7 Story Street
294 Washington
Boston MA 2109
Cambrioge, MA 02138 BoSt0 n, MA02108 617/227-502

617 495-9261

617/454-8821

Ill. CITIZENSHIPOF PRINCIPALPARTIES
tPI.ACE,.,..
1NONE eox
FOR PVJNTIFF ANO ONE BOX FOA OEFENOANn

II. BASIS OF JURISDICTION (Pl.ACE~ ,. IN ONE eoxONI.Y)
xJ 3 Federal Question
0 1 U.S. Government
0

Law Department
City of Lowell
375 Merrimack Street
Lowell, MA01852

617/482-1145

(For Diversity Cases Only)

Citizen of TIiis State

PTF DEF
o1 o1

Citizen of Another State

O2

0 2

Citizen or Subject of a
Foreign Country

03

03

(U.S. Government Not a Party)

Plaintiff

(Indicate Citizenship of
Parties in Item Ill)

Defendant

PTF DEF
04
04

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
of Business in Another State
Foreign Nation

O 4 Diversity

2 U.S. Government

_

05

05

06

06

IV.CAUSE OF ACTION (CITE T&gt;&lt;EU.S.CIVlt.STATUTE UNOER WHIC&gt;&lt;VOUAAE F1UNGANOWRITEA8"1EFSTATEMENTOFCAUSE.
OONOTCITEJIJRISOICTIONM.STATUTESUNt.ESSOIVERSITY.)School
Desegregation
and Rights of Linguistic
Minority Students
· r-· ~ell
PUblic Schools/Fourteenth
Amendment, 20 U .S .C. §1703 (f) and regulations
pranulgated
( _ xsuant
to Title VI of Civil Rights Act of 1964, 42 U.S.C. §2000d et seq., 34 C.F.R. §100.l
et
V. NATUREOF SUIT (PLACE AN X IN ONE BOX ONLY}
0 110 Insurance
0 120

MaMe

0 130
0 140
0 150

0 315

Mille( Ad
NegoDaDle lnslt\ll"t'Mtnl

Ua01.,ry

0 320

Aeco....
ery ol 0,e,oaymen1
&amp; Enl0tcemen1 ot

S&amp;anCIM

S1uoet11Loans
(E:scl. Veterans&gt;
ReooYery ot ~ltfoayment
ot Ve1enin s 8e-neM.s
S1oekll0i0e&lt;s' Suits
Olner Con1rac:1
Con11aC1Proooet LJa01kry

0 160
0 190

0 195

Fede&lt;aJEmpj(&gt;yers·

0 340

M&amp;Me

0 345

Manne PrOduct
Uabllllty

0 350

Molor ven,cte

D 355

MotO&lt; Vef'ucle

CJ360

Otne&lt; Personal

ln1ury PrOO\M:1
UabtUy

0 371

0 210

land Conc:1emnauon

CIVILRIGHTS
0 441 Voong

0 220

Fo,oclosure

0 230

0

Aen1 LOase &amp; Ejeamen1

442

0 385

0 51 0

0 530

1 Original
Proceeding

Habeas Cotovs

w .. .,.

1s1

PROPERTY
RIGHTS
0 830
0 840

LABOR
Fa,, l.aDOf StanClarCls

0

Corruoc Ot93/'11zanons

Pa1en1
Traaem.,.

G 810
0 850

SOCIALSECURITY
861 HIA (1395ft)
862 81aek lung (9231
863 OIWC (405tgl)
863 OIWW (40S(gl)
864 SSIO nu. XVI
865 RSI (&lt;OSlgl)
FEDERAL
TAXSUITS

Ac,

o 120 u00&lt;1Mg,,..

0
0

Aelat,ons

0

0 730

LaOor/Mgmt.
R_,,,ng
&amp;
Oiscbsure Act
Ra,lway Labo&lt;

0

Ac,

0 870

Taxes (U.S. Plamul'I
o, OelencJanl)

0 871

IRS- n,;,a Pa,ty
26 use 76lJ9

0 740

o 190

°"'"'

0 791

Emc,I. Rot Inc.

0

Labo&lt;
l,.it19a1,on

S«:unty AC,

Anuuust
0 430 San•s and Saniung
D 450 Commerce/ICC t411es1e1C.
C 460 Oeoonaoon
0 470 Racketeer lnlkJenceCI ano

O,,,e, CMI A")hlS

D 875

0

0

2 Removed from

State Court

COMPLAINT:

CHECK IF THIS IS A
l8l UNDER F.R.C.P.23

VIII. RELATEDCASE(S)
IF ANY

(See instructions):

/-:)

DATE

1987

UNITED STATES DISTRICT COURT

ld/tf

O 4 Reinstated or
Reopened

DEMAND$

CLASS ACTION

Lynn Hispanic

Advisory

Council,

;::..L:.:~.:.:.:=~J~U~O~G~E;....:.;,.K~e-e=f~o_~nc-"'------=---0~0

SIGNATURE OF ATTORNEY OF RECORD

4 ~~

Transferred lrom
O 5 another district
(specify)

Secun1tes/Commoe1111n/
Excnange
Cu.stome&lt; Chal'9t'\ge

Ac,

0 893
0 894
0 895

Etiwonmental Matters
Energy Alloeanon Act

Fr...aom of

lnlo,mauon Act
Apoealol Fee Oe1erm1na1
unoer E&lt;1ua.lAccess to
Ju.soce
950 Constuutionllty ot
S1a1eSra1u1es
890 Otnet Statutory
Actions

0 900
0
0

3 Remanded from
Appellate Court

Solec,r;e Se,,nce

12 use 3410
0 891 AgncunutalAC'.s
0 892 EconolT'IIC Sta01hzatton

(PLACE AN x IN ONE BOX ONLY)

VII. REQUESTED IN

31 July

Motions to Vacate

0 540 Mandamus &amp; Other
o 550 o,;, Rignts

VI. ORIGIN
~

.01'0C1UC1
LJablllty

Se&lt;,1enc&lt;1

Accommoclabons

:2J440

Pn,oe"'I Damage

C 410

o 920 eooyngnts

°"'"'

PRISONER
P£TmONS

Hou~ng/

o 444

0 690

0 710

Proo,erty Oamage

Emp6oyment

0 443

D 240 T0t1s 10 Land
0 245 Tott Product LJabli.ty
0 290 Al Othet Aeal Proe&gt;eny

Trultl in lending

0 380 01h11&lt;Pe&lt;oonaJ

ProouaLJa01•rv

28 use

Stott
Aeaopornonmen1

0 422 -···
28 USC 158
0 423 Wi1hdrawal

Satety/HeaJtr'I

Pl:RSONAL
PROPERTY
0 370 ()Iner F,aua

lnty,y

REALPROPERTY

0 400

0 610 Aq,,cuNure
0 620 Fooo &amp; Drug
MOd MaloracbC8
0630 UQuo&lt;Lawa
0 365 Personal tr,u,v0 640 R.R. &amp; Trud&lt;
Proctua U~ty
650 """"• Reqo
' D 368 Asbe-stos PGf'SOnal 0
0 660 Oc:c:upatoonat

l.Jablllty

D 152 A&amp;coveryol Defaulted

0 153

Assault. Libel &amp;

0 330

Juogmen1
MIM)care Act

0 151

Alrolant PrOdUct

"™ER STATUTES

BANKRUPTCY

FORA:lTURE/1'1:NALTY

TORTS
Pl:RSONAL
INJURY
1'1:RSONAL
INJURY
0 310 A,ll)lane
0 362 P.....,,,.1 Injury-

CONTRACT

in

O 6 Mullidistrict
Litigation

Appeal to Oistnct
0 7 Judge from
Magistrate
Judgment

Check YES only ii demanded in complaint:

JURY DEMAND:

et 7 7 al.

0 YES

(XNO

v. John H. Lawson,

C K-E--::TNUMBER1_8Q...i$c,2~4:u./~$!...------

et

�•

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
TITLE OF CASE (name of first
party on each side
Council,
et al. v. George Kouleharas,
et al.
2.

Hispanic

Parents

Advisory

CATEGORY IN WHICH THE CASE BELONGS, BASED UPON THE NUMBEREDNATURE OF SUIT LISTED
IN THE CIVIL COVER SHEET:
(SEE LOCAL RULE 8(a))
·440

I.

160,

410,

R.23,

44Q II.

195,
710,
840,

368,
720,
850,

400,
730,
890,

440, 441-444,
540, 550,
740, 790, 791, 820·, 830,
892-894") 895, 950.

III.

110,
240,
345,
380,

120,
245,
350,
385,

130,
290,
355,
450,

140,
310,
360,
891.

151,
315,
362,

190,
320,
365,

210,
330,
370,

230,
340,
371,

IV.

220,
620,
870,

422,
630,
871,

423,
640,
875,

430,
650,
900.

460,
660,

510,
690,

530,
810,

610,
861-865,

V.

150,

152,

153.

---

3.

only)

regardless

of nature

TITLE AND NUMBER, IF ANY, OF RELATED CASES (see
Lynn Hispanic
Parents
Advisory
Council,
et al.

of suit.

Local Rule 8(d)
v. John H. Lawson,

et

al.

No.

85-2475-K

(

HAS A PRIOR ACTION BETWEEN THE SAME PARTIES AND BASED ON THE SAME CLAIM EVER BEEN
FILED IN THIS COURT?
No

--.c....='------------------------------

5.

DOES THE COMPLAINT IN THIS CASE QUESTION THE CONSTITUTIONALITY OF AN ACT OF CONGRESS,
AFFECTING THE PUBLIC INTEREST?
No
IF SO, IS THE US OR AN OFFICER, AGENT OF EMPLOYEE 0~ THE US A PARTY?
--------(see 28 USC 2403)

---------------------------

6.

IS THIS CASE REQUIRED TO BE HEARD AND DETERMINED BY A DISTRICT COURT OF THREE JUDGES
PURSUANT TO TITLE 28 USC 2284?
No

---------------------------

7.

DO ALL PARTIES IN THIS ACTION RESIDE IN THE WESTERN SECTION OF THE DISTRICT OF
MASSACHUSETTS IN THE COUNTIES OF:
No
Berkshire,

8.

Hampden,

and Hampshire

DO THE ONLY PARTIES IN MASSACHUSETTSRESIDE IN THE WESTERN SECTION?
YES

---

9.

Franklin,

NO No

IF ANY OF THE PARTIES ARE THE US, THE COMMONWEALTH
OF MASS, OR ANY GOVERNMENTAL
AGENCY
OF EITHER THE US OR THE COMMONWEALTH,
DO ALL OTHER PARTIES RESIDE IN THE WESTERN
SECTION OF THE DISTRICT __ N_o'----------------------------Roger L. Rice
Alan Jay Ran
Thayer Frerront-Smith
( Please
Print)
Camilo Perez-Bustilo
Lawyers Carmittee
for
Choate,
Hall &amp; Stew-art
(
orney' s Name META Project
Cjv, J Bi gbts Under r.aw
53 State
Street,
Exchange
Bldg.
7 Story
Street
of the Boston Bar Assoc.
32nd Floor
Address _____
C=amb==r=id=g~e-=.!..,~MA=-=-=-0_21_3~8
____
2~9~4_Wua~s~b~i~·u~g~t~a~uu.....,S~t~rwe~e~t1-_-=Bo=s~t~o=n~,_MA=-='-"-0=2=10
___
_
Boston,
MA 02108
Telephone
No._~6=1~7/~4~9~5~-~9~2~6~1
____
__::6~1~7~/_4~8~2~-~1=1~4~5
_____
.....=61~7~/_2_2_7-_5~0~2=0
____
_

�UNITED STATES DISTRICT COUR'*
DISTRICT OF MASSACHUSETTS1IIIIJ

•

•

DOCK£
IE
CIVIL

ACTION NO.

81-l9fa8-IJ1A

SCHEDULINGORDER

MAZZONE, D.J.
This Order is intended
and presentation
of cases,
position
of cases,
either
The above entitled
hereby
ORDERED pursuant

primarily
to aid and
thereby
insuring
the
by settlement
or trial.
action
having
been filed
to Rule 16 of the Federal

assist
counsel
in
effective,
speedy

the
and

preparation
fair
dis-

ony,~l.o!'lr,a'.'.L!l~~L~~L.LILL•
Rules

it
that:

(1)

additional
parties
may be joined
amended within
thirty
(30) days

(2)

all dispositive
motions,
except
motions
for summary judgment,
are to be filed
within
thirty
(30) days of the date of this
Order and responses
are to be filed
fourteen
(14) days
thereafter
pursuant
to Local Rule 17;

(3)

motions
for summary judgment
are to be filed
within
twenty
(20)
days after
completion
of the necessary
discovery,
responses
are to be
filed
within
fourteen
(14) days thereafter
pursuant
to Local Rule 17
and all filings
must conform
to the requirements
of Local Rule 18;

(4)

discovery
is to be completed
within
six (6) months from the
date of this
Order or from the date of the Court's
decision
on dispositive
motions,
unless
shortened
or enlarged
by Order
of this
Court.

is

and the pleadings
may be
of the date of this
Order;

Additional
time will
be granted
for good cause
shown.
Requests
shall
be in
writing
and shall
contain
the reasons
for the request,
a summary of the discovery
which remains
to be taken,
and a date certain
when the requesting
party
will
complete
the additional
discovery,
join other
parties,
amend the pleadings
or file
motions.
The Court may then enter
a final
scheduling
order,
if necessary.
Counsel
are encouraged
to seek an early
resolution
of this
matter
and may
request
that
an early
conference
be schedul~d
if the Court can be of assistance
resolving
preliminary
issues
or in settlement.
A pre-trial
conference
will
be
scheduled
following
the date for completion
of discovery
or at an earlier
date
upon the request
of counsel.

Date
Deputy
(Rev.

1/6/87)

Clerk

in

�_...
::,-

:;:::,,,

--

J

~

~li
~~

UNITEDSTATESDISTRICTCOURT
DISTRICTOF MASSACHUSETTS

C·

.
.

vs.
GEORGE
KOULEHARAS,
et als,
)
Defendants

)
)
)
)
)
)

: ~'''

....'

ii

a·,
;I.'.&gt;'&gt;

'
~;;.J

-l

HISPANICPARENTS
ADVISORY
COUNCIL,by
Ana Ocasio, et als,
Plaintiffs

..-:, ......

,,

n,
(/)-,,

c:r&gt;

(D

er, (

-

,-

C")

Tl

(

::r..
c::
-i
-iO

=
r--,.,

(fJ ;-;-,

• I

,·.
-·
-·,.....
~

~

' ' I '"l"i

-

~

c:::

--.:

DOCKE
ED

CIVIL ACTION
NO. 87-1968-MA
ANSWER
TO COMPLAINT

)

The Defendants deny the allegations
of the Plaintiffs'
Complaint.

contained in paragraphs l through 27

The Defendants admit the allegations
of the Plaintiffs'
Complaint.

contained in Paragraphs 28 through 31

The Defendants lack sufficient knowledge or information to either admit or
deny the allegations
contained in Paragraphs 32 and 33 of the Plaintiffs'
Complaint.
The Defendants deny the allegations
Plaintiffs'
Complaint.

contained

in paragraph

34 of the

The Defendants lack sufficient knowledge or information to either admit or
deny the allegations
contained in Paragraphs 35 and 36 of the Plaintiffs'
Complaint.
The Defendants deny the allegations
of the Plaintiffs'
Complaint.

contained in paragraphs 37 through 57

The Defendants allege and re-allege
fully set forth herein.

paragraphs l through 56, supra, as if

The Defendants deny the allegations
Plaintiffs'
Complaint.
The Defendants allege and re-allege
fully set forth herein.
The Defendants deny the allegations
Plaintiffs'
Complaint.

.-....-

contained

in paragraph

59 of the

paragraphs l through 57 supra, as if
contained

in paragraph

61 of the

:t,;

�AFFIRMATIVE
DEFENSES
1. The Complaint fails to state a claim against defendants upon which
relief can be granted.
2. There is an adequate state remedy which the Plaintiff
is compelled to
pursue.
3. There is not a controversy at this time oecause all of the alleged
complaints of the Plaintiffs
have been addressed and resolved by the
defendants with a proposed plan which has been submitted to and approved by
the Massachusetts Department of Education.
4. Plaintiff Hispanic Parents Advisory Council lacks capacity to sue.
5. Plaintiff
Parents United in Education and the Development of Others,
Inc., lacks capacity to sue.
Wherefore defendants respectfully

pray through this court,

l.

Deny jurisdiction

of this action.

2.

Declare that this action may not be maintained as a class
action.

3.

Issue a declaratory judgment declaring that the acts,
practices,
and for policies of defendants did not
constitute violation of the 14th amendmentof the
Constitution of the United States, the Equal
Educational Opportunities Act of 1974. 20 S.S.C. Section
1703 (f), and the regulations promulgated pursuant to Title
VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d
et seq., 34 C.F.R. Section 100.1, et seq.

4.
5.
6.

Deny any and all
Award Defendant's
Grant such other
just, necessary

preliminary and permanent injunctions.
their costs.
and further relief as this Court may deem
and proper.

GEORGE
KOULEHARAS,
ET ALS
By their attorney:
7

omas E. Sweeney
City Solicitor
City Hall, Law Dept.
375 Merrimack Street
Lowell, MA01852
Tel. 617-454-8821, Ext. 264

�CERTIFICATE
OF SERVICE
I, Thomas E. Sweeney, City Solicitor,
hereby certify that on this date,
August 24, 1987, I mailed a copy of the foregoing Document , postage prepaid,
to Thayer Fremont-Smith Choate, Hall &amp; Stewart, 53 State Street, Exchange
Building, Boston, Ma. 02109, Tel. 617-227-5020

omas E. Sweeney
City Solicitor

�•

'\

•

'

..-

UNITEDSTATESDISTRICT COURT
DISTRICT OF MASSACHUSETTS
HISPANIC PARENTSADVISORYCOUNCIL,by Ana
Ocasio, President,
PARENTSUNITEDIN
EDUCATION
ANDTHE DEVELOPMENT
OF OTHERS,
INC.(PUEDO), by Alex Huertas, President,
Eastern Region, LUIS C, RAFAELL, JUAN N,
PEDRON, WANDA
R, ANGELS, DAISY S,
RAMONITA
S, ANDNANCYS, ANAC.,DOLORESC.
JOSE C., SOKHORN
C., SOPORNK., RONP.,
ANOUSACK
P., MARGARITA
G., MIGLIZAH., IRIS:
L., NORMA
K., and LAURELO., minors, by
their parents as next of friend.
Plaintiffs
vs.
GEORGEKOULEHARkS,
KATHRYN
STOKLOSA,and
GERALDDURKIN, individually
and in their
official
capacity as members of the
Lowell School Committee, GEORGEO'HARE
DAVIDALLEN, REGINAFATICANTI, and ROBERT
KENNEDY,in their official
capacity as
members of the Lowell School Committee;
the LOWELLSCHOOLCOMMITTEE;
HENRYMROZ,
in his official
capacity as Superintendent of the Lowell Public Schools; and the
CITY OF LOWELL.
Defendants

-1

.•
.•
.
.
.
.
•.
.•
.•
•.
•.
••
.
.
.•
.•
•.
••
•.
.
.•
••
.
.
•
•.
.
.

-

,.

'

•• '

If

CIVIL ACTIONNO.

87-]968-M

COMPLAINT
I. INTRODUCTION
1. This action
Public

by plaintiffs

Schools a) are unconstitutionally

educational
in violation
States,

is brought

opportunities

to students

of the Fourteenth

the regulations

who contend that

segregated
of limited

and b) deny equal

English

proficiency,

Amendment to the Constitution

promulgated

pursuant

to Title

the Lowell

of the United

VI of the Civil

AUG5

1981.

Rights

�2

'

Act of 1964, 42 U.S.C.
C.F.R.

Section

100.1,

of 1974, 20 U.S.C.

II.

et seq.,

Section

Plaintiffs'

1983 to redress

(hereinafter,

and the Equal Educational

1703(f)

Title

VI),

Opportunities

34
Act

et.seq.

cause of action

injuries

law, of rights

of the United
a result

2000d, et seq.,

JURISDICTION ANDVENUE

2.

state

Section

suffered

secured

States,

Section

under Title

Sections

U.S.C.

Section

relief

is brought

F.R.Civ.P.

1703(f)

by the Fourteenth

et seq.

VI).

This court

139l(b).
pursuant

injuries

Opportunities
have a private

has jurisdiction

This court

Plaintiffs'

under color

prayer

to 28 U.S.C.

of

Amendment to the Constitution

1708 to redress

Plaintiffs

1331 and 1343(3).

under 42 U.S.C. Section

the deprevation,

of the Equal Educational

VI. (Title

U.S.C.

through

and under Section

of violations

20 U.S.C.

is brought

suffered
Act of 1974,

right

has venue pursuant

Sections

of action

pursuant

for declaratory

as

to 28
to 28

and injunctive

2201 and 2202 and

57 and 65.

III.

PARTIES

A. Plaintiffs
3. Plaintiff

Hispanic

PAC) is an unincorporated
of parents
bilingual
behalf

of children
education

of its

association
enrolled

program.

members'

interest

effective

language

interests

of the Hispanic

defendants'

Parents

Advisory

in the Lowell Public

The Hispanic
in securing

PAC and its

failure

(hereinafter

Hispanic

whose membership is composed primarily

programming and related

continuing

Council

Schools'

PAC sues in its
access

own right,

to appropriate

educational

such services

and on

and

services.

members have been injured

to provide

Spanish

The
by

in a desegregated

�3
and unitary

school

Constitution

issued

1983.

Inc.

pursuant

Ana Ocasio

4. Plaintiff

linguistic

minority

representatives

programs

consists

of parents
public

objectives

and those

defendants'

failures

services

students

of linguistic
schools.
of its

educational

1986, and was placed
He was first

of
federally

opportunities

for

(hereinafter

PACs) to local

Lowell.

PUEDO's membership

children

in need of services
interests,

members have been injured
appropriate
children

goals,

as a result

and effective
in Lowell.

in
and

of

educational

Alex Huertas

is the

Region of PUEDO.
by his parent

when last

and is entitled

setting.

PAC.

non-profit,

PUEDO's organizational

minority

programming from properly

1986.

including

minority

to provide

and

the Commonwealth, and is composed of

Councils

cities,

100.1 et seq.

educational

enrolled

and next of friend,
in Lowell's

program at the YMCA. LUIS C. is limited

proficiency

Section

EEOA),

and the Development

to improving

Advisory

5. LUIS C., a minor,

bilingual

(hereinafter

of the Hispanic

in Education

throughout

in several

of the eastern

second grade student

1703(f)

VI, 34 C.F.R.

Amendment to the

of the Equal Educational

PUEDO), is a Massachusetts
dedicated

to linguistic

President

United

from Parent

bilingual

Section

is the President

(hereinafter,
corporation

of the Fourteenth

and in violation

to Title

Parents

tax-exempt

Massachusetts

States,

Act of 1974, 20 U.S.C.

regulations

Others,

in violation

of the United

Opportunities

Section

system,

to appropriate
trained

He enrolled
in a Spanish
placed

December 1986, and thereafter

staff

segregated

in an equitable

in the Lowell Public

language

language
and integrated
Schools

on 26 August

program on or about 10 September

at the Green School from 10 September
was placed

was a

Spanish

in his English

and effective

bilingual

Aida L.,

at the segregated

until

12

Boys Club from 15

�4
December 1986 until

27 February

1987.

Thereafter,

and beginning

1987, LUIS C. was placed

at the segregated

next of friend,

LUIS C. sues on his own behalf,

representative
segregated

Aida L.,
of a class

and/or

programs

of minority

denied

in the Lowell Public

6.

RAFAELL.,

was a third
segregated

grade
Spanish

Lowell Public

Schools

the segregated

by his parent

bilingual

language

proficiency

setting.

of minority

appropriate

children

and effective

to appropriate

trained

staff

in the

On or about

to
2

Through his parent

education

in

and effective

in an equitable

and

and next of friend,

and as a representative

who have been unlawfully
bilingual

enrolled

to the YMCA. RAFAELL. is limited

Elena M., RAFAELL. sues on his own behalf,
class

Schools'

very day assigned

program at the Boys Club.

and is entitled

educational

Elena M.,

in the Lowell Public

1987 and was on that

programming from properly

desegregated

educational

of friend,

program at the YMCA. He first

March 1987, RAFAELL. was transferred
his English

bilingual

and next

enrolled

on 5 January

Spanish

and as a

who have been unlawfully

and effective

when last

bilingual

and

Schools.

a minor,

student

YMCA. Through his parent

children

appropriate

on 2 March

segregated

programs

of a

and/or

denied

in the Lowell Public

Schools.
7. JUAN N., a minor,by
third

grade student

segregated

Spanish

the Lowell Public
bilingual

education

when last
bilingual
Schools

proficiency

and next of friend,

enrolled

in the Lowell Public

Ana R., was a
Schools

program at the YMCA. Juan N. first
on 28 January

on 3 February

March 1987 he was transferred
English

his parent

1987 and was placed

1987 at the Rogers School.

to appropriate

in

in the Spanish
On or about

to the YMCA. JUAN N. is limited

and is entitled

enrolled

and effective

in his
language

2

�5

programming from properly
educational

setting.

bilingual

education

8. PEDRON., a minor,
grade student

segregated
enrolled

Spanish

until

and next

bilingual

enrolled

Spanish

bilingual

he was transferred

and/or

proficiency

educational

N. sues on his

on 3 February

Spanish

bilingual

education

9.
a fifth

grade student

enrolled

Spanish

Spanish

on or about

proficiency

and/or

education
Schools

2 March 1987.

programming from properly

in

denied

in his
language

and desegregated
Ada R.,

of a class
appropriate

PEDRO

of children
and effective

Schools.

and next of friend,
in the Lowell Public

Elena M., was
Schools

program in the YMCA. WANDA
R. first
on 5 January

1987 and was assigned

to

program at the Boys Club where she remained
WANDA
R. is limited

to appropriate
trained

education

and next of friend,

enrolled

bilingual

and is entitled

Schools

and effective

in an equitable

by her parent

when last

bilingual

Ada R., was a

PEDRON. is limited

in the Lowell Public

in the Lowell Public

the segregated
until

segregated

programs

Schools.

bilingual

and as a representative

WANDA
R., a minor,

segregated

staff

Through his parent

who_have been unlawfully

and

1987 and was placed

to appropriate

trained

own behalf,

appropriate

program at the Boys Club, where he remained

and is entitled

setting.

denied

program at the YMCA. PEDRON. first

to the segregated

programming from properly

of minority

and next of friend,

program at the YMCAon or about 2 March 1987.
English

Ana R., JUAN N.

in the Lowell Public

education
Schools

of friend,

in the Lowell Public

by his parent

when last

and desegregated

of a class

segregated

programs

in the Lowell Public

the segregated

in an equitable

and as a representative

who have been unlawfully

effective

fifth

staff

Through his parent

sues on his own behalf,
children

trained

staff

in her English

and effective

in an equitable

language
and desegregated

�6
educational

setting.

Through her parent

R. sues on her own behalf,
children

and as a

who have been unlawfully

effective

bilingual

10.
a sixth

education

grade student

segregated

Spanish

enrolled

bilingual

segregated

Spanish

bilingual

2 March 1987.

entitled
trained

staff

his parent

segregated
programs
11.
enrolled

of a class
denied

DAISY S.,

a minor,

as an eighth

of the school

School on or about
Thereafter,
1987.

appropriate

of minority

she was transferred

and effective

Schools

He attended

in

the

29 February

program at the YMCAon or
proficiency

and is

programming from properly
educational

setting.

Through

children

and effective

and

who have been unlawfully
bilingual

education

Schools.
by her parent

Rico,

20 January

DAISY S. is limited

language

and next of friend,

and last

Robinson School.

year in Puerto

Ada R., was

Ada R., ANGELS. sues on his own behalf,

grade student

program at the overcrowded

Schools.

1987, and was placed

1987.

in his English

appropriate

in the Lowell Public

and

program at the YMCA. ANGELS. first

and desegregated

and next of friend,

and/or

appropriate

in the Lowell Public

on 27 January

and effective

of minority

and next of friend,

to the segregated

in an equitable

as a representative

denied

program at the Boys Club until

He is limited

to appropriate

of a class

and/or

program on or about 9 February

1987, when he was transferred
about

Schools

Elena M., WANDA

in the Lowell Public

enrolled

education

in the Lowell Public

the bilingual

segregated

by his parent

when last

of friend,

representative

programs

ANGELS., a minor,

and next

attended
After

the Spanish

spending

DAISY S. was enrolled

1987 and remained

there

Ada R., was
bilingual

the first

in the Rogers

until

17 March 1987.

to the Robinson School on or about

in her English
language

proficiency

part

and is entitled

programming from properly

trained

23 March
to
staff

�7
in an equitable
and next

and desegregated

of friend,

representative
segregated

of a class
denied

12. RAMONITA
S.,

appropriate

She is limited
effective

and effective

by her parent

bilingual

and placed

proficiency

setting.

denied

of minority

appropriate

children

Spanish

bilingual

and is entitled
trained

staff

Through her parent

bilingual

programs

program.

to appropriate

and

in an equitable
and next of

and as a representative

who have been unlawfully

and effective

Ada R.,

at the Rogers School

Ada R., RAMONITA
S. sues on her own behalf,

of a class

education

and next of friend,

programming from properly
educational

and as a

who have been unlawfully

in the overcrowded

in her English

language

children

grade student

placement

and desegregated

Through her parent,

Schools.

a minor,

as an eighth

while she awaited

friend,

of minority

in the Lowell Public

was enrolled

setting.

Ada R., she sues on her own behalf,

and/or

programs

educational

segregated

and/or

in the Lowell Public

Schools.
13.
enrolled

NANCYS.,
as a first

bilingual

segregated
February

1987.

bilingual
is limited

Thereafter,

language

in the Lowell Public

Schools

28 January

education

Ada R., was
segregated

enrolled

1987 and was placed

in the
in the

program at the Boys Club until

she was transferred

to the segregated

program at the YMCAon or about 2 March 1987.

in her English

and desegregated
friend,

on or about

bilingual

education

and next of friend,

program at the YMCA. NANCYS. first

Schools

Spanish

by her parent

grade student

education

Lowell Public

effective

a minor,

proficiency

and is entitled

programming from properly
educational

setting.

trained

Through her parent

Ada R., NANCYS. sues on her own behalf,

Spanish
NANCYS.

to appropriate
staff

27

and

in an equitable
and next of

and as a representative

of

�8
a class

of minority

denied

appropriate

Public

Schools.
14.

eighteen

children

and effective

ANAC., a minor,

Lowell Public

in Lowell during

until

the school

language

year.

deficits

enviornment

of Lowell's

inadequate

Chapter

I programs,

and has been denied

an equitable
friend,
class

needs,

which have not yet been fully

product

and desegregated

bilingual,

special
appropriate,

enviornment.

appropriate

children

and effective

evaluations

services,
(at

education

Rico and
as early

she was not

the Cotting

School)

experience

action
resulting

in harmful

remedied.

ANAC. is a

education,

vocational,

effective

services

and
in

and next of

segregated

programs

in

as to her

and as a representative

who have been unlawfully
bilingual

from the

Through her parent

Ana O., ANAC. sues on her own behalf,
of minority

at the Cotting

her educational

to take appropriate
education

Ana O., is an

both in Puerto

clinical

education

and/or
in the Lowell

placement

schooling

Throughout

and special

programs

enrolled

education

Despite

educational

system failed

development

educational

who was last

her need for special

an appropriate

segregated

and next of friend,

to a special

career.

the 1986-1987 school

Lowell,

education

She has received

her school

as 1980 indicating
into

student

pursuant

Schools.

bilingual

by her parent

year old high school

School in Lexington

placed

who have been unlawfully

of a

and/or

denied

in the Lowell Public

Schools.
15.
a fifteen
Cotting

DOLORESC. a minor,

her parent

year old junior

high school

School in Lexington

pursuant

the Lowell Public
Lowell's

by

failure

Schools.

student

who was last

to a special

DOLORESC.'s

to appropriately

and next of friend,

learning

take into

account

education

Ana O., is

enrolled

at the

placement

has been impaired
her linguistic

from
by

�9

development

and special

experiences

in both Puerto

educational

needs

appropriate

programming until

Lexington

during

incurred

programming

in the past

and next

segregated

programs

year old junior

the Lowell Public
bilingual

Schools.

and standard

schools

curriculum

program was not offered

inappropriate

needs have not been fully
next of friend,
representative
segregated

appropriate

programs
Rico.

and/or

denied

appropriate

who have
bilingual

in the past,

placement

from

and has attended
March, 1982, it has

small group instruction
needs,

but such

the 1986-1987 school
harm resulting

linguistic

and special

or compensated.

children

at the

in both the Lowell

Since at least

until

Ana O., is a

enrolled

education

and linguistic

of minority

remedied.

and effective

who was last

plan include

of JOSE C.'S

her with

children

year.

educational

and as a

who have been unlawfully

and effective

bilingual

The

from Lowell's

Through his parent

Ana O., JOSE C. sues on his own behalf,
of a class

deficits

and next of friend,

and psychological

remedied

School in

Schools.

to a special

education

deficits

treatment

of minority

student

his educational

educational

DOLORESC. with

to provide

He has been enrolled

to his special

educational

denied

pursuant

appropriate

serious

failure

of her

Ana O., DOLORESC. sues on her own

by his parent

in both Lowell and Puerto

been recommended that

to provide

The educational

of a class

high school

School in Lexington

evaluations

have not yet been fully

in the Lowell Public

16. JOSE C., a minor,

Cotting

year.

of friend,

and/or

full

at the Cotting

of Lowell's

and as a representative

fourteen

Despite

her placement

the 1986-1987 school

been unlawfully

and her dual educational

in 1980 and 1983, Lowell failed

Through her parent

education

needs,

Rico and Lowell.

by DOLORESC. because

appropriate

behalf,

education

education

and

�10

programs

in the Lowell Public

17.

SOKHORN
C., a minor,

is a Cambodian kindergarten
segregated
Public

bilingual

Schools

7 October

programs

18.

bilingual

evaluated

first

assigned

educational

in a desegregated
and next of friend,
representative

of a class

appropriate

and effective

bilingual

Schools.
and next of friend,

Priang

in Lowell's

Boys Club.

He first

enrolled

1986 and, despite

programming,
and later

States.

educational

in the

in the standard

at the Bartlett
Boys Club's

School,

bilingual
and only

SOPORNK. is limited

to appropriate

and effective

enviornment.

in his

programming

Through his parent

K., SOPORNK. sues on his own behalf,
children

K.,

of having been

was placed

to the segregated

of minority

both.

who have

enrolled

and is entitled

Priang

been denied

who was last

in the United

and equitable

in a

children

13 November 1986. These were his first

experiences

proficiency

of minority

by his parent

at the Green School,

program on or about

English

denied

student

and

Rouen C., SOKHORN
C. sues on his own

of a class

on 2 September

he was finally

proficiency

far

as in need of bilingual

curriculum,
until

Schools

in his English

He has thus

and/or

the Lowell

has been at the

enviornment.

program at the segregated

Lowell Public

life

services

SOPORNK., a minor,
grade

in his

educational

in the Lowell Public

is a Cambodian first

entered

in the Boys Club on or about

experience

and next of friend,

segregated

He first

Rouen C.,

in Lowell's

and effective

and as a representative

been unlawfully

of friend,

enrolled

1986 and was placed

SOKHORN
C. is limited

and equitable

Through his parent

education

who was last

The only educational

to appropriate

desegregated

and next

program at the Boys Club.

Boys Club.

is entitled

by his parent

student

on 2 October

1986.

segregated

behalf,

Schools.

and as a

who have been unlawfully

�11
segregated
programs

and/or

denied

appropriate

in the Lowell Public

19.

RONP.,

a minor,

Cambodian kindergarten

student

about

on 29 September
1 October

the standard
the segregated

program.

and is entitled

and next of friend,

programs

of a class
and/or

denied

appropriate

in the Lowell Public

20. ANOUSACK
P.,

programming,

in her English

and effective
enviornment.

educational
Through her parent

children

and effective

bilingual

a minor,

by his parent

and next of friend,

because

of a severe

of this

background

with physical,

camp in Thailand

in his life.

of a full

in February,

physical

in the Boston Public

schooling

and also

speech,

unserved

in a refugee

than two years

of formal

Memorial Hospital

entirely

services

ANOUSACK
P. lived

the only years

education

Schools.

intensive

to his less

and as a

who have been unlawfully

in need of linguistically

prior

to

These have been the only

student

handicap.

in

she was transferred

is a twelve year old Laotian
education

on or

she was placed

RONP. sues on her own behalf,

of minority

segregated

evaluated

RONP. is limited

and equitable

is a

the Lowell Public

she was initially

to appropriate

Phon P.,

entered

1986.

Phon P.,

in Lowell's

School until

of her life.

in a desegregated

segregated

Although

Boys Club on 22 October

proficiency

representative

She first

at the Bartlett

experiences

services

enrolled

1986 as in need of bilingual

educational

education

and next of friend,

who was last

1986.

curriculum

bilingual

Schools.
by her parent

Boys Club in the bilingual
Schools

and effective

evaluation

appropriate
and mental
for five

Schools,

by the Lowell Public

therapy.
Schools

years

which were

Defendants

were fully

conducted

at Kennedy

1987, which recommended that

and occupational

Sisou P.,

he be provided

Nonetheless,
after

aware

his arrival

he was
in Lowell

�12
in April,

1987.

Instead

which he was entitled,

of providing

ANOUSACK
P. was assigned

Boys Club, where no such services
the needed services
year.

will

and effective

equitable

environment.

educational

Through his parent

ANOUSACK
P. sues on his own behalf,
minority

children

appropriate

and effective

in a desegregated

segregated

education

and

a class

and/or

programs

to

Sisou P.,

and as a representativeof

bilingual

that

and entitled

and next of friend,

who have been unlawfully

segregated

in the 1987-1988 school

proficiency,

services

to

There is no evidence

by defendants

in his English

services

to the illegally

were available.

be provided

ANOUSACK
P. is limited

appropriate

him with the necessary

of

denied

in the Lowell Public

Schools.
21. MARGARITA
G., a minor,
G., was a third
Schools'
Public

segregated
Schools

program until
that

grade

student

by her parent

when last

bilingual

15 December 1986, even though Lowell school
proficiency

was limited.

December 1986 until

27 February

facilities

and is entitled

friend,

segregated

and equitable

1987, before

and effective

enviornment.

denied

of minority
appropriate

in a bilingual
officials

knew

being transferred

language

to the

she remained

English

and next of
and as a

who have been unlawfully

and effective

bilingual

until

proficiency

programming in a

Through her parent

children

placed

Boys Club from 15

G., MARGARITA
G. sues on her own behalf,

of a class
and/or

at the segregated

MARGARITA
G. is of limited

to appropriate

Margarita

representative

year.

the Lowell

MARGARITA
G. was initially

at the YMCAon 2 March 1987, where

the end of the school

Margarita

in the Lowell Public

1986 but what was not placed

at the C.W. Morey School and later

desegregated

enrolled

program in the YMCA. She entered

on 4 September

her English

segregated

and next of friend,

education

�13
programs

in the Lowell Public

Schools.

22. MIGLIZA H., a minor,
was a fourth
bilingual

grade

in the Lowell Public

to four different
year,

parents,

schools

were ignored

out at age 10 without
limited

in her English

effective

language

enviornment.
of linguistically

school

education

programs

grade student

the Pawtucketville

a bilingual

staff

to encouraging

intervention.

education

denied

assigned

Memorial School

in the Lowell Public

in the Lowell Public

different

schools;

then to the portable

first

classroom

and counseling

of minority

Schools

who have

and effective

and next of friend,

on 16 January

Schools,

outside

services.

children

bilingual

English

Ana O., was a

classroom

in the 1986-1987 school

the Colburn

educational

and found to be in need

to a portable

program as she is of limited

enrolling

and equitable

and

Schools.

by her parent

when last

MIGLIZA H. is
to appropriate

appropriate

in the Lowell Public
a minor,

her to drop

Alex H., MIGLIZA H. sues on her own

of a class

and/or

from her

members at the

evaluated,

and next of friend,

segregated

23. IRIS L.,

enrolled

concealed

and is entitled

special

and as a representative

been unlawfully

school

been referred,

appropriate

Through her parent
behalf,

absences,

programming in a desegregated

She has also

Since she first

During the 1986-1987

which could lead

proficiency

Schools'

in 1982, MIGLIZA H. has been assigned

and excessive

affirmative

Alex H.,

in the Lowell Public

the system.

by appropriate

of friend,

Memorial School.

Schools

Memorial School,

and next

enrolled

throughout

her repeated

Pawtucketville

third

when last

program at the Pawtucketville

enrolled

school

student

by her parent

unit

year.

She first

1986 and was assigned

proficiency.

then to the Lincoln

of Pawtucketville

to

Since

IRIS L. has been assigned

School,

outside

to three
School,

and

�14
Memorial School.
to appropriate
equitable

IRIS L. is of limited
and effective

educational

English

language

enviornment.

children

appropriate

and effective

Through her parent

segregated

education

and

and next of friend,

and as a representative

who have been unlawfully
bilingual

and is entitled

programming in a desegregated

Ana O., IRIS L. sues on her own behalf,
of minority

proficiency

programs

of a class

and/or

denied

in the Lowell Public

Schools.
24.

NORMA
K., a minor,

was a fifth
bilingual

grade student

by her parent

when last

program at Pawtucketville

Lowell Public
bilingual

Schools

proficiency

16 October

and is entitled

and as a representative
unlawfully

segregated

education

programs

25.
was a third
bilingual

grade

1986.

student

outset

of her Lowell Public

needed bilingual
pupil

unannounced

transportation

cancellations

in the

in a
English

language
setting.

Through

Schools'

children

and effective

bilingual

and next of friend,

Anita O.,

in the Lowell Public

She first

enrolled

from Sevilla,
educational

system for bilingual

Schools'

in the Lowell

Colombia.

experience,

has been impeded by pervasive

in scheduling.

who have been

Schools.

enrolled

1987, arriving

services

educational

appropriate

program at the Varnum School.
in April,

and effective

by her parent

when last

Schools

She was enrolled

NORMA
K. is of limited

of minority

in the Lowell Public

Public

Lowell's

denied

LAURELO., a minor,

Schools'

Armando K., NORMA
K. sues on her own behalf,

of a class
and/or

Armando K.,

1986, but was not placed

and equitable

and next of friend,

in Lowell Public

Memorial School.

to appropriate

programming in a desegregated
her parent

enrolled

on 25 September

program until

and next of friend,

From the

her access

inadequacies

services,

LAUREL0. is limited

such as
in her

in

to

�15
English

proficiency

and is entitled

programming in a desegregated
her parent

unlawfully
education

segregated
programs

B. Class
26.
23(a)

and equitable

and next of friend,

and as a representative

to appropriate

and/or

of minority

denied

sue on their
on behalf

Public

who have been

and effective

bilingual

and, pursuant

to F.R.Civ.

Schools.

students
Schools

who are or will

minority

educational

appropriate

who are or will

opportunities

language

1703(f),

through

Opportunities

and
be denied

the lack

Rights

Section

2000d, 34 C.F.R.

Section

to said

unconstitutional

educational

opportunities

of

in violation

Act of 1974, 20 U.S.C.

and the regulations

VI of the Civil

to equal

in the Lowell

programming and services

to Title

who have been subjected

P.

be unconstitutionally

of the defendants,

students

of the Equal Education
Section

be enrolled

who have been or will

by the actions

b) linguistic
equal

own behalf,

of all:

segregated

promulgated

pursuant

Act of 1964, 42 U.S.C.
100.1,

et seq.

segregation

and deprived

due to the actions

of

and

of defendants.

27.
class

Through

Action Allegation

and (b)(2),

inactions

enviornment.

children

appropriate

in the Lowell Public

Plaintiffs

rights

education

language

Anita O., LAUREL0. sues on her own behalf,

of a class

a) minority

their

and effective

action

Plaintiffs

meet all

pursuant

of the prerequisites

to F.R.Civ.P.

(a) The class
impractical.

23(a)

to maintain

and (b)(2):

is so numerous that
Thousands

in order

joinder

of minority

of all
students

members is
have

a

�16

been unconstitutionally
equal educational

segregated

opportunities

and have been denied

and plaintiffs

number

among these students.
(b) There are questions
of the class,
policies

of law and fact

namely,

that

of the defendants

laws of the United States

common to all

the acts,
violate

practices

members

and/or

the Constitutions

and

and the Commonwealth of Mass-

achusetts.
(c) Claims of the representative

plaintiffs

the claims of the class

all

that

defendants

and that

plaintiffs

have unconstitutionally

defendants

opportunities

in that

are typical

have denied

of

allege

segregated

them

them equal educational

by reason of their

acts,

practices,

and/or

by experienced

counsel,

the interests

of the

policies.
(d) The named plaintiffs,
will

fairly

represented

and adequately

protect

class.
C. Defendants
28.

Upon information

and belief,

defendants

GEORGEKOULEHARAS,

KATHRYN
STOKOSA,GERALDDURKIN,GEORGEO'HARE, REGINAFATICANTI, DAVID
ALLEN, and MAYOR
ROBERTKENNEDY
are citizens
Commonwealth of Massachusetts.
School Committee.
their

individual

Defendants
and official

and the

They are the members of the defendant

Lowell

KOULEHARES,
STOKOSAand DURKINare sued in
capacities.

ALLEN, and KENNEDY
are sued in their
Lowell School Committee.

of the United States

Defendants

official

capacity

O'HARE, FATICANTI,
as members of the

�17
29. Defendant
pursuant

LOWELLSCHOOLCOMMITTEE
derives

to 37 of the Massachusetts

under Massachusetts
City of Lowell.
funds.

law to provide

Defendant

It executes

compliance

students

educational

Section

education

assurances

is the entity
to students

for ensuring

so that

and other

to receive

to appropriate

services

opportunities.

rights

in order

COMMITTEE
is responsible

public

Laws. It

powers and duties

LOWELLSCHOOLCOMMITTEE
receives

civil

assurances

proficient

General

its

these

the rights

within

federal

federal

such funds.

The

and state

LOWELLSCHOOL

of limited

English

programming and other

children

are provided

agency within

the

and state

language

It is an educational

obligated

equal

educational

the meaning of 20 U.S.C.

1703(f).
30. Upon information

the United

relevant

States

and belief,

defendant

HENRYMROZis a citizen

and the Commonwealth of Massachusetts.

times herein has been, the Superintendent

Schools.

He is sued in his official

31.

Defendant

He is,

of

and at all

of the Lowell Public

capacity.

CITY OF LOWELLis a municipal

corporation

organized

under the laws of the Commonwealth of Massachusetts.
IV. CAUSESOF ACTION
A.
32.
Schools

First

Cause of Action

The number of minority

has increased

when the enrollment

dramatically

was approximately

enrollment

dropped

to 12,708,

In 1986, while

number of minority

students

enrolled

over the past

of the Lowell Public

enrollment

17 percent.

students

640, or 4.1
the minority

Schools

in the Lowell Public

several

years.

was 15,619,

percent.

In 1975,

the minority

In 1980, while

enrollment

increased

stabilized

the total

to 2,160,

the total

enrollment

at 12,647,

increased

to over 4,000 or approximately

the
33

or

�r

18
percent.

Projections

for the future

will

see the total

public

school

enrollment

range from 14,775 to 17,595 by 1996, and the number and

percentage

of minority

students

will

be significantly

greater

than it

is

now.
33.
Schools

In 1980 there

with minority

Lowell Public
percentage

were approximately

enrollments

Schools.

greater

In 1986, while

concentration

in several

that

of the Lowell Public
percentage

number dropped

resulted

in the

to 16, the

increased

dramatically.

in 100% enrollment

being

the Moore Street

School

The Ames School was 73.9% minority,

72.1%, the Colburn
O'Connell

than their

of the schools

The use of the Boys Club as a school
minority.

22 schools

School was 55.1%, the Green School was 53.5%, the

School was 52.6%, the Bartlett

School was 43.6%, Pawtucket

was 40.3%, the Rogers School was 39.6%, the Lincoln

Mem.

and Molloy Schools

were

39.2%, the Shaughnessy School was 38.8%, and the Robinson School was 33.4%
minority.

Yet,

there

were schools

where the percent

has decreased;

for example,

the Pine Steet

School was 9.6%, but in 1986 that

Similarly,
minority

in 1980 the enrollment
enrollment

34. Despite

to prevent

practices

and set

their

over the past

increased

fell

policies

that

enrolled

the number of minority

17 years,

segregation,

in

to 4.2%.

defendants

have not only not

but they have acted,

have caused

the public

students

schools

engaged in
of Lowell

segregated.

35. In the 1986-1987
students

enrollment

students

in the Pyne School was 19.1%, but by 1986

knowledge that

to be unconstitutionally

minority

of minority

students

was 3.6%.

have been increasing
acted

in 1980 the enrollment

of minority

school

year,

approximately

in the Lowell Public

Schools

one-half

of all

were enrolled

in

�19
bilingual/bicultural

educational

1,961 linguistic
were Hispanic,

minority

of and entitled

enrolled

delivering
children

As of 18 March 1987, of these

approximately

national

years.

minority
education

In 1980 there

of transitional

enrolled

language

in its

(OCR), issued

a finding

States

that

Department

VI of the Civil

1) in that

the school

system had:
to adequately

language
b) failed
primary

and place
is other

d) failed

track

that

the language

students

&amp; Welfare

were not in

assess

VI) (Exhibit

dominance and

whose primary

services

is other

or home

to students

program as an educational

instructional

the Lowell Public

Schools

"dead end"

and

materials

to meet the needs of students
is other

whose

than English;

for some students;

to provide

or home language
OCR requested

Schools

to

for Civil

Education

Act of 1964 (Title

educational

the bilingual

specifically

services

Rights

or home language

or permanent

it was not

than English;

to provide

c) operated

(TBE).

knew that

of Health,

the Lowell Public

with Title

proficiency

of 454 students

education

Schools

multifold

On 15 March 1977 the Office

compliance

a) failed

in need

has increased

programming educational

schools.

of the then United

students

was a total

bilingual

Even in 1980 the Lowell Public
the appropriate

41 were Vietnamese,

origins.

number of linguistic

several

921 were Cambodian, 635

166 were Laotian,

to bilingual/bicultural

in programs

37.

Rights

linguistic

The overall

over the past

students,

174 were Portuguese,

and 24 were of other
36.

programs.

designed
whose primary

than English.
submit a plan for corrective

�20
action

within
38.

30 days.

On 15 May 1977 the Lowell Public

address

OCR's findings

as that

plan was, the Lowell Public

needed personnel
39.

to implement

programs

its

correction

Schools

for

On 22 April

revised

Voluntary

Schools

knew when it

the personnel

necessary

During

were scattered
''temporary"
basements

poorly

Plan

3)

the plan

submitted

this

revised
it

4).

for

the

for corrective

submitted

its

The Lowell Public

successfully.

the 1986-1987 school

sites

year,

it

did not have

The situation

many of the regular

unsafe,

bilingual
school

such as the City of Lowell's

since

were inappropriate,
and/or

than Hispanic,

students

were housed at the YMCAand Boy's Club.
administrative

support

sites

and at various

YMCA, the Boy's Club,
classrooms.

overcrowded,

unconstitutionally

Cambodian,

program students

and in portable

other

and other

OCR found that

plan

Lau Plan that

students

library

found the

but has become far worse.

settings

maintained,

of

(Exhibit

Schools

(Exhibit

at the Robinson and Daley Schools,

These educational

and again

15 days ''a revised

to implement

throughout
school

investigation

implementation."

Lau Compliance
submitted

the

in March 1977." OCR required

1980 the Lowell Public

1980 has not improved,
41.

its

Schools

by our office

and hire

action.

another

VI.

a plan to

But, as inadequate

did not recruit

to implement

system submit within

and a timetable
40.

cited

2)

of corrective

of Title

"failed

of violations

the school

action

Schools
plan

submitted

(Exhibit

of the Lowell Public

system to be in violation

the Lowell Public

that

of non-compliance.

On 31 December 1979 OCR completed

the bilingual
school

Schools

segregated.

and Laotian

services

substandard,

bilingual

No other
program

There were no cafeteria,
at these

sites,

and they

�21
were unsafe

for school

non-school

purposes,

recreational

including

There was other

For example,

the use of vending

partitions,

into

Non-minority

and non-bilingual

conditions.

The inadequate,

bilingual

program and other

regularly

resulted

and in hallways.

and

minority

legitimate

classroom

(''matron's

facilities

apart

purposes

example,

there

I classes

from grade

to often

were also

program students

school

school

sites.

clustered

for

disproportionately
grade

1-6 classes

or age spans.

in
For

at the Boy's Club,
spanning

grades

grades

1-4 in a

at the Malloy.
Defendant

of

disproportionatly

from the regular

covering

and

in the basement

1-6 at the YMCA,a Lao class

and a Cambodian class

that

being held on

lounge'')

due to excessive

were Cambodian and Lao grades

5 at the Morey School,

were subjected

placed

to these

conditions

were not properly

and were often

Department

were not subjected

Memorial School and other

which were inappropriate

class

using non-

enviornment."

and segregated

program students

settings

an Hispanic

graders

... learning

funded Chapter

program students

educational

of the Robinson School.

by the Massachusetts

children

bathroom

Bilingual

Bilingual

were housed in a noisy,

of 6-8th

inappropriate

overcrowded,

at the Pawtucketville

43.

44.

for

program students.

Approximately 15 Laotian bilingual

were housed in a converted

portable

public

toilets

of bilingual

program students

in federally

housed in portable

classes

which were described

(MOE) as a "totally

building

machines,

room in the basement
four

of Education

the Daley School.

housing

60 Cambodian students

former boiler

This room was subdivided
soundproof

inadequate

approximately

ventilated

floors

open to the general

facilities.

42.

poorly

use as they remained

members of the Lowell School Committee initiated,

1-

�22

encouraged,

and acquiesced

treatment

of minority

race,

national

Their

failure

already

of personnel

Schools.

of their

has exacerbated

three

school

minority

years,

year

personnel,

which

students.

an insufficient
education

an

number

programs

there

in the

was an

necessary

to the

programs:
education

teachers

for the Spanish,

Khmer, and

programs;

Khmer, and Laotian

special

bilingual

c) English

the Spanish

education

teachers

for the Spanish,

programs;
as a Second Language (ESL) teachers;

d) Bilingual

school

psychologists

and Khmer bilingual
e) Bilingual

to manage the several

and a Speech Pathologist

programs;

program director
bilingual

with the expertise
programs

and

of the Lowell Public

and
f) Other bilingual

necessary

to adequately

such as a Lau facilitator
supervisors,
counselors

the last

As of the 1986-1987 school

b) bilingual

Schools;

for many years.

the bilingual/bicultural

out of the bilingual

authority

status

deficiencies

and emergency need for the following

Lao bilingual

on the basis

and has been for many years,

a) bilingual

for

during

unequal

students

in the number of linguistic

to implement

Lowell Public
immediate

process

increase

There is,

minority

to remedy these

educational

and inferior,

minority

and linguistic

to take steps

has seen a great

carrying

and linguistic

origin,

dismal

45.

in the segregation

Parent

carry

program administrative

out responsibilities

to implement

Advisory

Council

(1 Khmer and 1 Spanish

the Lau Plan,

support

of the bilingual
bilingual

(PAC) Coordinators,

for grades

staff

programs

building

bilingual

K-8 and 1 Spanish

as is

guidance

and 1 Lao at

�23

the high school

level).

These needs had existed

they were known by defendants
46.

programs with 53 bilingual

by MOEand ''waivers''

42 ESL teachers,
seniority

teachers

regard

Linguistic

Lowell Public

Schools'

the National

proficient

Schools

seniority

Examination

test

takers,

status

Defendants

under state
equitable

teachers,only

27

49.
to hiring

provide

candidates

bilingual

linguistic

based on their

the requisite

by MOE standards.
positions

in the

face employment barriers
because

not

a) they must pass
for non-

they do not take and pass the NTE,

employee status,

thereby

depriving

them

between the Lowell Public

union.

CITY OF LOWELLand LOWELLSCHOOLCOMMITTEE
are free
on the NTE and substitute

bilingual/ESL

teachers,

a more

but they have

to do so.

Defendants

seniority

for 26. Of the

positions

possess

programs

and b) if

staffed
of

for teaching

under the contract

measure for hiring
refused

and

and 42 teachers

(NTE), which is not validated

law to abandon reliance

deliberately

these

programs

for permanent

and the teachers'
48.

candidates

for non-bilingual/ESL

they are not eligible
of equal

into

ESL as defined

bilingual/ESL

Teachers

years,

defendants

and received

they in fact

to teach

minority

faced by candidates

English

to whether

qualifications

47.

were sought

36 were "grandfathered"

without

substantive

full

year,

as a Second Language (ESL). Of the 53 bilingual

were certified

school

and ignored.

As of the end of the 1986-1987 school

the bilingual/ESL
English

in prior

persistence

in relying

for permanent

rights

violates

minority

and ESL staff,

their
students

on the NTE as an absolute

bilingual/ESL

teacher

positions

obligations

under federal

with access

to appropriately

by discriminatorily

deterring

their

bar

with

law to
skilled

recruitment,

�24

hiring,

and retention
50.

on an equitable

Defendants

repeatedly

resisted

basis.

KOULEHARAS,
STOKLOSA,and DURKINhave knowingly
proposals

made to them over their

SCHOOLCOMMITTEE
to implement programs
and provide

equal

educational

years

and activities

opportunities

on the LOWELL

to prevent

to children

and

segregation

of limited

English

proficiency.
51.

Hispanic,

have dropped
throughout

Cambodian, and Laotian

out of the Lowell Public

the period

comply with federal
rate

for these

racial

students

during

who started

origin

students,

year

of Lao-speaking

year,

Schools

there

have failed

for other

because

of the failure

educational

services.

over half

to
As an

of the Laotian

to provide

to

The dropout

rate

in the Lowell High School,
staff

rate

students.

to the dropout

and effective

students

at a disproportionate

of these

in part

the 1986-1987 school

out the school

to the absence

treatment

is disproportionate

them with appropriate

example,

Schools

minority

the Lowell Public

law respecting

and national

provide

of time that

linguistic

students

dropped out due

school

instruction

or

counseling.
52,
provision

As a result
of equal

at every grade
futures

of defendants'

educational

level,

impaired.

these

continuing

opportunities
students

The Voluntary

children

educational
desegregated
Voluntary

will

Desegregation

be provided

opportunities
setting
Desegregation

during

the

to ensure

basis

that

to ensure

that

their

minority

and effective

children

school

students

by the LOWELL

appropriate

1987-1988 and later

Plan fails

injuredand

linguistic

with other

the

minority

Plan adopted

linguistically

on an equal

to ensure

to linguistic

have been severely

SCHOOLCOMMITTEE
on 11 June 1987 fails
school

failure

in a fully

years.

the process

of

The

�25

desegregating
among minority
53.
existing

the Lowell Public

Schools

and non-minority

school

There is an immediate
and new staff

groups

and about

programs.

This includes

instructional,
needs

of linguistic

issues.
bilingual

affirmative
linguistic
services
these

action

efforts

minority

staff

positions

been deliberately

ignored

54. Defendants
the Voluntary
education

implementation

effective

data

collection

comparable

and training

of

to ensure

that

programming as is

need are aggressive

train,

and promote qualified

instructional,
system.

for many years

and supportive

Plaintiffs

and, while

allege

that

known to defendants,

have

by them over those years.
resisted

Plan so that

those necessary

district-wide

are achieved

the school

to recruit

effective

results

hire,

for administrative,

Lau Compliance

the failure

to formulate

to recruit,

acquisition

to bilingual
to this

curriculum

the educational

of principals

Central

have deliberately

would receive

included

curriculum.

throughout

needs have existed

is provided

and minority

regarding

evaluation,

and the training

of

building,

and second language

the assessment,

support

to the standard

personnel

training

and standard

of administrative,

children

and ESL personnel,

provided

between whites

the bilingual

services

includes

the same administrative

relations

the training

minority

This also

children.

between

and supportive

be borne on an equal basis

and emergency need for basic

concerning

relationships

will

of all

to ensure

to the educational

results

to ensure

programs,
that

programs

resistence

in the standard

has

the refusal
consistent,

and failure

positive
that

of

in need of bilingual

Defendants'

and procedures

by the bilingual

implementation

the needed personnel,

bilingual

systems

students

services.

and hire

policies

all

the full

to implement

educational

are at least
curriculum.

�26
55. Other elements
to students

of limited

defendants.

Sufficient

provided

in a timely

vocational

coordinated,

and special

parent

of students

been remediated.
appropriate

and appropriate

of the acts,

The acts,

and/or

and/or

intentionally

segregating

plaintiffs

opportunities

constitutes

a violation

Constitution

of the United

due to the lack
is not properly
has not been

criteria

for

implemented.

and/or

services

of occupational/

to schools,

policies

deprivations

can be identified

educational

practices,

scheduling

entrance-exit

educational

These students

programs

visits

practices,

have suffered

compensatory

57.

including

by

have not been

have been denied

have not been developed

56. As a result
hundreds

appropriate

opportunities

been denied

books and materials

transportation

participation,

programs

educational

have also

education

school

implemented,

equal

proficiency

and appropriate

personnel,

appropriately
bilingual

English

to provide

manner or at all,

education

of appropriate

needed

of defendants,
which have not

by defendants

and

can be provided.

policies

of defendants

and denying

them equal

of the Fourteenth

in
educational

Amendment to the

States.

B. Second Cause of Action
58. Plaintiffs
if fully

set

59.
plaintiffs

allege

forth

Opportunities

C. Third

as if fully

practices

educational

Equal Educational

60.

1 through

56, supra,

and/or

policies

opportunities

of defendants

as

constitute

Act of 1974, 20 U.S.C.

in denying

a violation

of the

Section

1703 et seq.

1 through

56, supra,

Cause of Action

Plaintiffs
set

paragraphs

herein.

The acts,
equal

and re-allege

forth

allege
herein.

and re-allege

paragraphs

�27

61. The acts,
plaintiffs

equal

regulations

practices,

educational

promulgated

1964, 42 U.S.C.

and/or

opportunities

pursuant

Section

Assume jurisdiction

2.

Declare

a)

b)

students

Schools

stitutionally

segregated,

be denied

of appropriate

programs

and services

Title

who have been subjected

policies
3.

to equal

be enrolled

in the
be uncon-

who have been,

are being or

opportunities

through

bilingual/bicultural
in violation

educational

of the Equal Educa-

Act of 1974, 20 U.S.C.

and the regulations

promulgated

Rights

2000d, 34 C.F.R.

unconstitutional

educational

opportunities

Section

pursuant

to

Act of 1964, 42 U.S.C.

Section

to said

100.1 et seq.

segregation

and deprived

due to the acts,

of

practices,

of the defendants.
Issue

a declaratory

2201 and 2202 and F.R.Civ.P.
policies

action

of all:

educational

VI of the Civil

Section

as a class

and

students

equal

Opportunities

Court:

who have been or will

the lack

1703(f),

and/or

on behalf

who are or will

minority

Act of

action.

Lowell Public

linguistic

Rights

this

may be maintained

and (b)(2)

minority

tional

rights

action

of the

100.1 et seq,

pray that

of this

this

23(a)

will

their

respectfully

1.

to F.R.Civ.P.

Section

in denying

a violation

VI of the Civil

2000d, 34 C.F.R.

that

of defendants

constitute

to Title

WHEREFORE,plaintiffs

pursuant

policies

of defendants

judgment,

57, declaring

constitute

violations

pursuant
that

to 28 U.S.C.

the acts,

Sections

practices,

of the Fourteenth

and/or

Amendment to

�,,

28
the Constitution

of the United

Act of 1974, 20 U.S.C.
pursuant

to Title

2000d et seq.,
4.

Section

Issue

Section

preliminary

their

school

of limited

English

to remedy prior

so that

all

segregative

for students

resulting

English

segregated

to schools

of the Voluntary

development

of bilingual

curricula,

of bilingual

personnel,

and delivery

specific

to:

school

opportunities

including
Plan,

the

the

the recruitment
of all

non-

district;

educational

Lau Compliance

Schools

on an equal,

proficiency,

enforcement

to

the Lowell Public

equal

of

in concert

them to take

in a unitary

to provide

of limited

acting

but not limited

are assigned

all

opportunities

and requiring

including,

plan

persons

educational

plan to desegregate

basis

enjoining

an unconstitutionally

equal

students

b) A comprehensive

injunctions

and those

proficiency

a) A comprehensive

Section

et seq.

employees,

deprivations,

promulgated

Act of 1964, 42 U.S.C.

100.1,

system and one which denies

students
steps

Rights

to operate

Opportunities

and the regulations

and permanent

agents,

with them, from continuing

the Equal Educational

1703(f),

VI of the Civil

34 C.F.R.

the defendants,

States,

and hiring

incidental

services;
c) A comprehensive
educational
students
said

equal

plan

for remedying

opportunities
of limited
educational

the prior

to minority

English

students,

proficiency

opportunities

denials

of equal

including

who have been denied
since

the 1982-1983 school

year;
d) A comprehensive
evaluation

plan

to provide

of the educational

for
plans

the monitoring
stated

in a),

and
b),

and c),

�•

29
supra.
e) A comprehensive
necessary
plans
5.
entry

Retain

6.

attorneys'

7.
necessary

funds to carry

stated

in a),

jurisdiction

of additional

plan to ensure

orders

Award plaintiffs

b),

defendants

out the comprehensive
c),

of this

and d),
action

as may be just,
their

that

costs

provide

the

educational

supra.

for all

purposes,

necessary,

including

the

and proper.

and disbursements

and reasonable

fees.
Grant such other

and further

relief

as this

Court may deem just,

and proper.
Respectfully

submitted,

HISPANIC PARENTSADVISORYCOUNCIL,
ET AL.
PLAINTIFFS

C~/~

BY:
~
Roger L. Rice
Camilo Perez-Bustillo
Multicultural
Education Training
and Education Project (META
Project)
7 Story Street
Cambridge, MA. 02138
617/495-9261
BY: at-&lt;'-&lt; ~~tl7&lt;A-_,
Alan Jay om
Lawyers' Committee for Civil Rights
Under Law of the Boston Bar Ass'n
294 Washington Street Suite 401
Boston, MA. 02108
617/482-1145

�30

BY:__,,.~ll...:..:.::~o
•~k~~A- ,__-...::_J~~---

Thayer Fremont-Smith
Choate, Hall &amp; Stewart
53 State Street,
Exchange Building
Boston, MA. 02109
617/227-5020

DATED:BOSTON,MASSACHUSETTS
31 JULY 1987

�EXHIBIT

'' l"

�I

EXHIBIT

"l"

�-·-~•

.·

......
~·-···
......

D!:PARTMENT OF HEAL TH, ED'JC,\ TIO~l. AND ','1!:LFA"c
REGION I
RKO GENERAL BUILDING
GOVERNMENT CENTER
BOSTON, MASSACHUSETTS 0211",

I

OFFiC:O:FOR CIVIL RIGHTS

March 15. 1977

!

l .•

...,

• I

i

f

I
'
l

Dr. Earl Sharfman
c::"0°r1· It._._
....+ nl den+
Lowell Public Schools
Loi·ie11 , MA 01852

-,l,.1.

'-

0

v

0

Dear Dr. Sharfman:
I \'lish to express my appreciation
for the assistance
given to members
of rny staff duriilg the revi2v1 of the Lc1•1ell School -System v1hich began
• h snr1 • na or-· 1, a1• n t,.e
Jib..
.

-

Wewish to apolo£;iz.e fo, the delay in notifying you of our findings
'
•·

,

'

anG' re=..,i 1• Ze

.-

• •
. \•1eTour."'
. .oe 1. n
ca...1.. pr-a.c:i
ces an d po:• 1• c1. es th, a-;;
to

...h
L,

~

violation of Tttle VI o:ayhave subse~uently been modified and remedia1
actiyn taken.

' :

"1'
th
-•li ., ~L·
0
11-:-·::,
'i•.:.. a~
''V"•
;,,,-r.,.,..S
,,..:'J
-•
'wl
.o\.,-i1
!,..
0
I\.. .1::;
rt:o
i);:,,...+
Rn\
nr--u·1·
,.,;
...
• ..;
'"''
•"
...... 1 .._ ~ .....·,
,- • ••••.:i,:
:::- ~- d

AtC OT''"'"'"• .,,..,,.. c"Cl' ....
.• i&amp;
1.:7, "'
!.J20art '1!2!it..... R gU 1a-L10,....
t'n°re•·nd-r 0-~""1°l"e
""h~.:.
be no·
.....
....i , • c: ,
u .
1.. ,a L. tht-0 re
dis cri rni nation on the basis or race, color, or national origi~ in the
...
Op -ra+.:o..,
c: • •- : " o.c
I a,.,,,
".:/ ~~,.;,
• - '-'::,..__
=..,
I 1, y ass,·s
.
t.-0 0·• ,..,..oora-s
,-, , _
:;: •

-···

f-'V•)

O&lt;I

0
_

l

0

\,,..

In

furt~erance
of regulations
issued by this Department pursuant to
Title VI of the Civil Rights Act of 1954, the Office ·for Civil Rights,
on May 25, 1970, issued a policy stating
in part that, '\;here inability
to speak and understand the English larig8age excludes tbe·national-origin
minority group children
from effectiv~
participation
in the educational
programs offered by a school district,
the district
rr:ust take ·affirmative
steps to rectify
the language deficiency
in· order to open the instructional
programs to students.
11

On January 21, 1974, the United States Supreme Court in the case of
Lau vs. Nichols (414 U.S. 563) expressly
upheld the Department's
regulation
prohibiting
educational
practices
by v:hich students v,ho do
not understand
English are effectively
foreclosed
from any ;,;eanir.gful
education.

'
.....

. •,

�• I

•

•'

Dr. Ear1 Sharfuar,·

..

Lo•,fe11 , MA
.

.

This letter is a fcrr:ial notification
of cur findings based
the
revieo~ of infomation submitted by the school district
and meetings
with you and □embers of your staff:
The Office for Civil Rights finds
the- Lowell Public School System in non-ccr.:pliar.ce with Title VI oi
th.? Civil Rights Act of 1964. • The following are OUJ'.' findings: ...
0:1

I.
.
'
f

Sasw' on t.~e tr.formation submitted it. is difficult
for us
to. understa.id how your- school district
dealt \1it.iJ the
assessment of ianguage, dominance and linguistic proficiency
•W:hen 1·th
- i• 1: ea• t o ae
• ~1.err:n
. ne··1anguage cc-:n
' . nance or. ,as Tc.

•t

'

• 1"-

The:lc~:ell Schcol Cepartment has failed adequately to
assess the lanquaqe dcminance &lt;1ndproficie;;cv arid pl~c2
students ~hose p,1ma~ or hQ!7ie anouaQe is other than
Eng ish.
~~--

sixty-nine (69) c; the·students identifi~&lt;l as havino a
primary or heme language ot.-;er- than E!"!glish. (Se~{category

,•.

"other. ..·_er.Cha!'"t I) .. . ... .: ..
.,...• .-·
. .
,.
• ~ne
• • !J,..,_,
'
Force r1nu1ngs
-·. ..i.i
Accora1ng
~c
..~~ -tasK·

•- - •

::

;

;

...
.....-:.'.;.. •••· •

:.

. ·....

'.

d"1es
spec1,y1ng r"'n.,e
avaiiab1e fa; e1i~inating p~st educat~ona1 practices r-Jled_

•.•""....
···t·. '
..
..:

•_&amp;

•

un1awfu1 u;i&lt;ier-L~Uv. Nichols, ~hich 7,:as sent to a11·
1 -~a·-~~~~~~~·~ sc~~- 1 O::~c
5rh"'"'
Su ~~-1·~~--~--~:,,-"-t
1;.....:•:n.~=-z:·
• .;.. ~:
·..J!
'-••v,...,,I
Ci.,
:.•-...J-..J ♦
l t t ._
0 rs··
for t.~eir· f~fc .. ;:~tion&gt;. in or-der _tv pr0µer1y assess language
,.~
....,·...- -- :nt,;
.. ..: ~--""'~~1c1:nc'
.:
Y --~
~-~t\...l,.,.
___.,
--~l-,.. _at a
;..•....nu.H~n\..::
,c:i~u ag e Dr-o,
t..1ie...:.:
uJS\..•
t!.ru.::,
winir:;i..1m.,de~r=iine the language most often spoken in the •••.
student;s !-:~':.!~.:..~2 language spoken by the student in the···:
socia1 S=~ti~g ard the 1anguage use&lt;l by th? stud~nt to
-~;·r:1·:-~~=
r:~s :-.ee'"S t h~~~~.on_,l"SS 0 S .,r,ri
4t•'r.
\...wt!
..... u ..
....._ ·- ~~-;-~
.
infcr··'ot se:~i::;s.
These assessr;;-ents must c-:-oss va1idate
each other. T;-:ere is no· evi c2r.ce- that a process of cross
validation as d~scribed above has taken place in your school
•Jj•-l

... '....
... .

'-r.

district
II.

••

..

,..,

l,;,_•,!t

ct a 1_
1_
-~-~:-'.
i_:.~?!.
;.-~~~;

.... '--,

•.

.•.

- ..

..

_.____

\,_

-

.._

. , ..

.......

~ / :~·~:/~t
=-~
~:':._·~~;::
~ _:·::.·:_.,:;~;-~:
;;-:'.:;'.~t~~~~,
·;~_.'-~.~ :·-:-;::
.•=::~.-::-•

The lowe11 Schoo1 Svstem-has·failed
to' -rcvide educaticrial
ser1ices to st1.:ucnts w,ose FJr1sar;1 or-nome ar.quage 1s ·ot ,er

than Er:qlish.

Of a total

.·
of one thousand

students ide~tified
4

1

1.. 1an

nine hundr~d and thirteen (1913)
as having a primary r.cm~ language other

,.
'
1 depar .._,
.,_
• .J ....r..1r1
~.
• - -1
c.:1911• s,'-1, t, h.e scnoo
1.,,.en
!:. 11..:en
e·d .c, cur 'nunGr-::u

eighty four (~84) stGdents under categories A &amp; 8 who are
either monolingual in a language other than English or have
a very limited knC'rile&lt;l'.]e of English.
The foilowing
chart•
indicates the stud2:1t:3 mentioned. above by t;1e degree of
language dcminance.

'

.!
'

I
'

�..
. _,

. ·,:

..

..

...

•

'

.

.,
'

•'

.
·
..
.... • .
,•_

...
·, .
. .

.

I'

:

,'

'

' •

'.'i
•

I•

•

•

CH/\RT
I
-·----

..

'• .
.....
,.

)

( I

A

:

(::

,: °
·i-f·
u

1

TIIIS
NATIONALITY
SPEAKS
ONLY SPEAKS·~\OSTLY
LANGUAGE
/\MDSOME
THISLANGUAGE
E~IGLISl:I

C

D

E

SPEAKS
T•IE SPEAKS
MOSTLY SPEAKS
ONLY TOTALS
l.l)IIGtJ/\GE
/\NO ENGLISH
/\NOSOMEENGLISH
EIIGL
ISII E(lU/\LLY
OFTHISLANGUAGE

\I,
------------------·-------·--

... •---w:-•-

....,,, ...____

., ______

.. ""________

f~'
,V,_1·

,_____________

''.' I •
I,

=1• ••

Greek
Spanish
Portuguese·
Polish
Korean
Vietnamese
Other
Iranian
Indian
Japanese
Lebanese
French
ltalian
ithuanian

0
60

TOTALS

134

24

,...•15 ·
·'.'·2138
' :

.121
505

49
107

38
14

223

--. '.

258

26
30

487

17

90
23

•'

89'

! .
! ...

\I

'

·.
:,!· '

''I

.r :
I •
I;,

,;

4·:.,

--

2·.
_,.'

-·-··''

·--

1.

--

--

·--

--------------.:.........:.-----------------------------·
953
'(

I

36

--

70

-4

4
69

2

1
2

l

1

1

19
7
1

334

142

25
3

'

'I
'!,

4

-- •

G

15

I•

---

4
27

974

7
59

10
.2

tm\-'
1913

,•

,.

. ,·

i·

'
.,

�..

.

•• I

./

.

I

Page Four

•

Or. Ear1 Sharf~an
Lc\-1e11,MA
·.
Categories 1\ &amp; (3 contain the students \ihO are most
in need of bi1ingua1 services. As mentioned above,
thQre are 484 stud~nts in thes~ categories. Yet,
according to the data which you supplied us, only
274 of these 484 students are enrolled. in bilingual
progr~~s. Ch~rt II, Hhich folloHs, lists the
students by language dcminance and proficier.cy that
are being served in bilingual prcgrams•
.

,,'

. . ..

•'

. . -.. . .

.. .

.

. ...
. . .-.

..

•,

. ...

.,• ..

. - .- ,.. . ...

. ..... .

..

,

. . . ..

.... .

l.

,

.. . .."·..
.....

;

·..
...

.. . .....

..

..

.

.. .

..•, -·. ,: .......
,

:

..

.

•.·

..

!

.t

.-

t

.r

...

..

�.: .
)

..

.

·---···-

..... ,.. __, ---r-:--........,,,

·=•·
.,....,.
......
..-.---.

-. -.....
-.-...-~·

r--/\

J

't:

_

I •.
l '

_______
CH/\HT
...
II

'

I

I: i)

.

l ')

STUDENTS
ENROLLED
II~ llILINGU/11.
PHOGRAM
nvl.J\NGU/\GE
DOMIN/\NCF.
.·----·..·····--···
...- .... - ---·-·---·-------

I

-------r--__:..A.:..-.-_--t--.

__

tl;::___
__

. __s;

____

_, _ _::..D__~..----·-

SPEAKSONLY SPEAKSMOSTLYSPEAKSTIIIS
THIS
,·THIS
l./\NClJ/\GE
&amp;
LANGUAGE :, LAHGUAGE
&amp;
Etlt;t.JSII

~v!t
.J.1

1-:'-G.;:.E
------1---~--,-'-·-

;h

60

iI

21
0

se

SPEAl(SMOSTLYSPEAKSONLY
l}IGLISH
FIIGLISH81
SOMEOF THIS

--0

i I

TOTALS
254

.

G1l

2

.60

32

lG

0

1

1

0

0

2

2

0

0

0

2

1

0

0

0

1

·-:.:o

2

()

0

2

0

o·

0

1

.,"
I

,:·

0
I

I

I

12H

.,

0

...::E=----------~-------1

...

-'-so'--=Mr~
..E~GI:l.~.!
L _f_~lY.8..!.:LY.
..._____
:.hl~!~!:\\l!l~~f
____
...:..-.1--..

'

I '

,-

129
''

I

mese

0

n

0

~-----

__________

.: _______________

.,

·1
c.. ________________

----

- -------···

··-------------.

- ----

----

--

--

- -----~--

--

-I:
-----

----

----

--

!

---:

'I

81

109

193

18

0

I

401

•

!.
I

I

'

I
i '
:

'

•.'

I

'

l

'

I

II.
I.
' .

.,
'

�-

.

......:..

.,.

------, ....

Page Six

Or. Earl Sharfman
LO'xel1, MA
WhenChart.I containing the nUlilberof students needing
bilingual services (categories A &amp; B) is compared \•fith
Chart II listing the students enrolled in bilingual
programs, 1t is apparent that the Lowell Public Schools
is failing to serve a large numberof students needing
bilingual instruction.
Chart III, which follows, shows
the numberof students by language groups in need of
bilingual services but not receiving such services.

·,

fi

'
'•

:

'

.

:

..

....
..

•

' .. ....

.. . ..

. .... ..
, . .

.

.
.

-

... ..

... ._:·
. ::. : .

•,

: - • ·. ...

, .

-.. .

-

. ...'

.•. --

;

.

.. ... ..
.

'

.-

--

··-·

-:

OFF'l~_E

I

OATE

SU RN AMC:

OFFICE

I

I

OATc:-

0F.::1co:I

SU AN AME:

I

o;..1~

l

I
I

SURN.&gt;.ME

1,·

I

I

i

I

.

I
I

i
...

I

I

�•

-

-·---

I
'I

-

r

.l
I
I

I
I

.,

'
j

'

!

I

CII/\RTIII...

OJ
C7l
tU

I

' a.

STUDENTS
SERVED
IN BILINGU/\L
PHOGR/\M
i
;

IONALITY

IDENTIFIED
/\S IN
NEED
OFl31LINGUAL
.
PROGRN-1

BEING
SERVED
IN
DILINGU/\L
PROGHAM

..

I

;

'

IN
NOTSERVED
BILINGUAL
PROGRAM
'

i
:

ek

15

1

nish

348

188

14

l

I

'
I

tuguese

•
I

'

160
..

113

ean

4

..,
.,:,}
se

1

81

.

32

'.

2

2

:

:

l

0

I

·.l
I

Jn

,er

1
2

'

1

I

0

:

.

'

0

2

I
I
I

-·--

'

"AL

--

.. .
-

..--

--·-··-----·-·

484

'

210

274

---

-

'

J.
-- ·-,., '
'

'

-·

�Page Eight

Or. Earl Sharfman
Lo\-1e
11, HA
The failure of your
educational services
identified as being
directly related to
used by your school

school district to provide a~propriate.
to t~o hundred and ten (21G) students
in need of such services could b~
the screening and placement procedures
system.

P..ccording to the Super-visor of the Bilingua1 Program, the_
person responsib1e fc~ p1acement of students&gt; placement is
determined in a variety of ways depending on the circur.~tances
from which the child came.·

'·
i

'•,··
i

.

.

-

. . .•

The plac~nt
policy suc~itted by the· Supervisor includes .:
three {3) cethods for the recei'ling,
orientation, pr·ccessing··
•.. and •plac.e!".;ent of_st:.idents
into the.. Bi1i_ngual
Program
·. :.-•.... •.. ..: -.
..
.
.
. ......
.
.
...~;..:-__:_•,:.~f
• :_
:

;

Parts A&gt; 3~ C of such polic-J state:

.

'(
..
.

~

.

.

. -.

..

~

.

...

..

• ;.

.: : ...
.. ·

..

.

.

..

~

,

..

• _...

.

.

-·

•.

•• .. -~· .

••

. . . ~.:
.,..
.

:: I·:
-

J

J.v

·B.

f....

...

-

I

6

I

•

•

•

;

o \

\

•

• • •:.:_

•

l,

"If 2. student transfers frcm a non U.S.· Syst~ whose
pri~a,J 1a~guage is ot~er than Er.glish then·the student
is refericd to the Bi 1i ngua 1. Program Center for -testing~
assess;;:er:t and p1aceL"e~t".
~·.

C.

'

.

.

?•·:

.-.

Bi11::g~a1 ?rngrar.1Center for ~o~sultation and an ·
~~-~~r-=-~-:~r ·e--~~~
cssess~P_nt and .-D1ace,mP_-nt~
. .
-jw:,--'-':,
. ...-,._,..,..
:&gt;\..In~

...' '

-'

~

--~-.

•"If_ e st.!cent transfers
f ...~~
;i"'o+1-.e
.. U S' ~cJ.iool • • :··•.• •.
~
,4 --•..•
Syst~ where he/she was enroll~
1 n a s~n ...ara
. ·..... _C!.li: 7c.iit::::, nonna1 plac~-ent
procedure i--iOuld p-r-evail:··.
The a.Wldr.i strati on· ci:d guidance office of. the chi 1d's· •_•
,. .. .:neighborhood school.._through re.via, of the student 1 s. ·:...·: :·:~:-·r=~r±s· and other assessme:it procedures ;,tou1d place •• ..,.
. ·{:. the st:ld~nt in an- a~prcpri a~ gr~de and sec ti en. If ... ~~
aft2r tr.i, ~y days of piacenent the stud2nt cc:-.;1onstra~s·, ... • ..
•• a 1i;:::it:=d Er.glish ability
due -:o a non-English bac!{grcund • ••,. • :::
. ana• er,v1r..:r.~n
•
t • ...
h
.
4L
'
,,!
... •
~
d ...
1..1
en 1..:1estu..i2n1..·1s·rererr-e
..o ...h
1..,,e•c ..

· A.

-.• .. .••.. ..--~.
. '.
:

.

If a stucent enters fro~ another U.S. System where
he/she was already a member of a Bilingual Prograr;-:, t:-ie
stude~t is referred to the Bi1i~gua1 Program Cent2r fo,
testing, assess:::ent and placement".
ff

The ~ethods do not indicate the µ.anner in which language
dominance and language proficiency of non-English er limited
English speaking students ~ill be assess2d.
In case "A" above, the child enteri;ig the Lo-;,;e11
School System

.

�OF

HEAL

TH,

EDUCA-Jldl

-

--

.·--

Page Nine

Or. Earl SharfmanLol/lell, MA
with a primary language other than English will not be
receiving educationa1 services to meet his or her
needs before the second month of his/her arrival en the
school system.
Nor is there a poocedure indicated to
"flag:• students v,ho might experience difficulties
after
the thirty-day period is over.
According to the Supervisor of the Bi 1ingua1 Progaam ne\,i
students are precessed for place~~nt using a standard
questionnaire which includeS infom~tion in the following •
. areas: nationality,
age, school records on social
•
maturity, intelligence,
personality. and English speaking
ability as determining factors in the placement of students.

r
I

II

, ...

. ,..

.'.'
'

.-

Tne pn:::pcse of the screening process is to &lt;let.ermine
place:nent in a language program and not to determine
social !!'.aturity arid inte11iger.ce.· .•
it would be desirab1e to have a.ccmplete
pictu,: of a ~7i1d's sociai m~turizy and intelligence
prici, to p1aet: ..;ent&gt; the use of, a. questionnaire
1s not
the best~
to achieve such results.

Eve;1.•though
.

-

-The s~p~;'!isci also s~~tE&lt;lthat in order to establish
~~re piecise p1aceuent criteria for the newly arrived
bi1inguc.i ~i1dren, an Evaiuation of Enolish Competency
Score Sh:::et, was used in enrolling students.
She a1so
st2.ted ·e:~~t 1anguage dominance of t'.-1e children who
ente:-'e-::it;'je :~71it.edStates, v,as deta,,:iined !:&gt;yeaing the
Das Amicas Test or the Bilingual Syntax Measure. If

additiona1 testing was needed the Wide Range Achievement
Test was adm:ini_stered._.
. .. •:_....·: _.•••••••-· • . .
- .;

-~-r·:---~
...:~:

. ···-~-::.~_
.._. :.:; :-...:-=:-r~::_ ::···2·:··~: ~:::.:~--:~·:_:-:.·:.-.:.··:
..~..~··1i:-::·

None of the ·above·!i]ehtioned tests with the exception of
•
:__. the Bilinguai Syntax Measure.was inc1uded in the lis.t of. tests or instruments submitted by- the district as the

_-.c

ones used for the screening, placement and evaluation of
all the students ideitified as having a primary or home
language other than English. This indicates a lack of
central policy and proc2dure.
In addition to the placement policy, the supervisor
sur.~rized
the criteria
for p1acemi=ntof bilingual
students as follows:

SUP.NAME

OFFICE

I

i

OATE

Oi='FICC I

SURNAME

I

l
I

I

i

Q;..

TE:

O ~'·--

SU RN AM::

OFi=ICE

I

I

I

I

•

C.

'
i
I

:

�Pag2 Ten

.'

or. Earl Sharman
Lowe11 , f•Ln.

..

-

A.

If a student is 5 years of age on or before
January 1, he is ~nrclled in kir.d~rgarten;

B.

1f a student is 6 - 12 on or before JanuarJ 1,
he is enrolled in the ele:~entilry grades;.

C.

Plac2:r.ent of students in the Jr. High and Sr.:
High·School is based on previous records, end
in the instance where no records are alfailable,
· . or 'in the ins ta nee of the Portuguesa where the
Grading Systa.n must be equated, place:-nent is
~ade as close to chronological age as possible.
HhE:r-2there are not enough students· of a particular

D.

i •

•

•.J,·

·'
••

ethnic ~,oup to warrant a biiingual pr-cgra;11, these
st.;der.ts ara placed in the ESLccr.ipo~entcf the
. Bi1ingua1 Program for a full day until ready for
.-regu1a?'"c1assr~
work.
.

~~~

· .•

above ~entioned. sethccis of assessing

.....· ..

: ..

.....

1.
·- .,

. ·..

t.f~ ,.:.~ ..:..... ~
-z.y;r

....it~

. •

..

excet:rt1on or

span1sn
. .

t

•

•

• -

•

sp2a;&lt;1r~ c:111aren

in so~e e1ementar; grades, 1ittie er no effort.
•::h~s =een expended ~o assess language d~-;::inance-..._ .... .
.:- . • ·: ..
c; o~~~r languJg~ group students.
;-

;

2•

;;;:!""2

:. ,:r;e poss101·1•,..
' ~ c1h'~
~
1s
, ..,y ti:a·:.
11aren
are p 1ace d
•I

••

p~iar to testing for dcminar.ce and proficiency~
due to the inconsister.cies.

3.

Only the Portugu~se students 1n pre-~cl-:col _or . :

4.

The prit'..arJ function of the majority cf the tests
use&lt;l to d2ter.;iine language d~~ina;.ce and proficiency
for plac2r:2nt in a bi 1i ngual ;Jrogr.~mwas to measure

kindergarten may have their general cptitude
•measu-;:-e&lt;l.jntheir o;m_1anguage by means of the
ABC exasin?.:ion.
••
•

•••

. h ,
1, • 11
1 ,. • 1
•• •
...
E::g 11s: 1~nguage s,,1 s. i1111c- it 1s necessary 1.a
know a stucent 1 s s:-:.ills in En9lish. fc, proper
p 1acem-=n
t of chi 1drcn whose pri::iary a, hose 1anguage

•is other than E~glish it is e~ually important to know
the leve1 cf the student 1 s s~il1 in that language •.

�.----·
T· ...... -···------...- ... -. ... . ··-···-···-•··•..-.....·-·--···-··

____
.,....
I.

,.

DEPARTME~

OF

HEALTH,

EDUCAT10~.

AN~vVELFARE

Page Eleven

:

.' •
t!

'

t-·
•

l.

.

Or. Earl Sharfman

Bowell, MA

..
;

5.

For locally developed tests,'there
is no indication
that test items have been selected on a combination
of r.orm-referenced and criterion-referenced
criteria.

As you can see, there is no consisent or ur.iform procedures
for placing students in the bilingual program. In addition,
teacher&gt; 1 understanding of the school districts criteria for
placement varied. Attachment 1 indicates the criteria for
entering the bilingual progra~ as viewed by each teacher.
Furtherrrror2~ we found that the Lowell School Department has
fai1e-l to provide Special Education services to non-English
speaking students identified as in need of these services.

--

In 1975-76 there were thirty-four (34) non-English speaking
students en:""..&gt;1le-d
in a bilingt.1a1 special education pr-ogr~rn
The spacia1 ne~ds of these students are not being met for the
f o11cr,ring : :::=.sens:
••
-•
11

11

-,
no evidence of the bilingua1 capcbilities
1ne:e is
...
h
• :..eac.,ers
e.x.cep-:
rcr 1..:12 scnoo~I sys 1-effi 11• s ti
.i...l

'

..

of
ng

.·

ieach2':"'Sare not ce.tified in the area of special
ec~ca~ion and one is not certified as a basic teacher •
.•... .

The fc1iowing chart 1ndicat2s the educational
b=.~:&lt;-;;,::,1:1.:i
of the te~chers in the so ca11ed "bi 1i ngua1·"
spec1c1 education program and the number of students

and prototype:

:.:...· . - •-...-··•. :·•·-:- ···-··--

·, . - ·---. •.

-

-~\

, -"

OFFICE

!---+-----+---l----l-----____lL----~--+----,:._._+--··
i
;....-I

I a.;,::

C 'r FICC:

I

~l--~1-c:•-~\

Oi="FiC£l

I

__

... ·····---_L_--L---1-----.l--...-1.--J...-----!...,,---

I
..;...----f--1.---;.-_l

I

I

-

l
l

I

.....

l
·,

I
__

_

�;11,1. --..

..............

··•···

......

·-

- ----

····-·

-~-,

~---

___, ..__ - -· --·-. -=

- ·- ...... --·--

t:--. - Earl Sharfman
Lo•...ie
11 , MA

•• •..:_:·:
l

----

·11, -· ...,_.e--

---.---------·
·----.....
---···-_.,,

•
..

EDUCATiGNAL
BACKGROUrio:TEACHERS

~

.. fcHERS

1,
\·2

LANGU.A.GE
SPOKEN NO. OF STUDENTS PROTOTYPE

EDUCATIONAL
BACKGROUND

Former teacher aide
Fonner teacher aide 1n Cuba
Not certified in USA
Taking courses toward·certification

Spanish

11

502.2 &amp; 502.3

BA 1n Spanish

_Spanish

10

502 .2 &amp; 502 .:

Spanish

.1

Three yrs. 1n bilingua1
progrc.m
Courses in L.D.

.l
!,
'

MS in art
Teacher- 5 yrs.

•,'

·-------------------------------------------

~ •--:.•

,-

,.,
b-

-------------

t:.

4 yrs.

teaching,

courses

·------------------------------------------'.

5

.

.

MEd

Spanish

4

------------

MEd
3 yrs. exper1enc2

Spanish

l

------------

7 •. , -

___________

,,'

. .

., 6
.

7 **

8

**

..,.

BSE

7 yrs. teaching H.S.

-·.

.

Spanish

Certificate ,ram
Puerto Rico area
~

-

_________
...

unkno.,,n

*
**

Student shared by teachers
Students shared by teachers

··-· ......

---··.

-

.... ,

... ____
..__ -- .

�·-

.

'•

n:::±1
ARTiV~T

.

- ...
-·
..,~~:::.

---· . ··.- - -~~.

-· ···---- .. ___
.. __ ----·

.

OF

HEAL TH,

•

EDUC

·-·-

_,e"'ll

ON.

Aflj

•

. -

•

-

•• -·

WELFARE

:

Page Thirteen·
Dr. Earl Sharf~an
Lo•.·ie
11, MA

We also four.d that the school system employs on1y
one (1) bilingual school psychologist. This
person speaks Spanish and has evaluated exclusively
Spanish students \-Jith the exception of one (1)
Portuguese pre-school student. Referrals of
Portuguese students have been received but as of
June 2. 1976 they had not been evaluated.

3.

In addition, there are 47 Spanish students in
Rescui~e Rooms, 29 in Learning Disabilities, and
57 in Spee~h Therapy. None of the special education
teachers, speech therapists or psycho1cgists assigned
tc these students speak Spanish.

It

- ;' .

.. ,:.'•

Cl3ss iists show that there are students of French,
Portuguese&gt; and Greek backgrounds enro11ed in the
specia1 education programs. These students may be
,,g d1·.::s:1·
cu1 -r-'es ..,G.,_
n :r,::,.55 arl ly ~
..lu::, 0 a
ev:"'r' e--~::;...,,-.-;
~nta1;, ::::.:otional ~· or physical disability but rather
ta 1anguage deficiencies not yet assessed by the

. •,...

4

,..;

J

..,.:•·'•4·.-:.
.&gt; .•

,4.;
u.

• -

• ' -

•

• l

If

•

V'

II

t.,. .,._

...,_

...

""'

-c:~-t-~
__ . ......_.

1
r\J:)ns.::-que:1r;
• •ty du?
• 1a.ex
_ .,_
w ...
L.ne
01~ qua11• t~..
! ec• personne1 ,
•.

.,.
•

the n:ec:s of non-Eng1ish spea~ing students take longer
•
1..
• •
• • ri
• • • • r..: d p1acemen
t may be
-:o
:..::.1aen-r.1T
e d . C-nee 1cen1:1,,e
ce1a:t:=•j or inappropriate .

.

•• • • I

:t

. , ...:; -...

~

·.·

evident that ~ithin the Lowell Public Schools

•i uc:
.. ~a t.:,e
-~ Soec1• a ~i i::-·
••
1. :-:c
'-&lt;:!uca-:10;1
:::rc;:;ram,
counse1·1 nc..,, and
r
'
~
suicanc2 services to non-English er limited Englisrr

Speaking children are either non-existent or very limited.
There are s~venteen (17) g,\.Jidancecounselors in.the city
of Lot1e11. Each one is assigned to a schoo1 or· schools· ~--•.
with a given ·case load. flone of the guida':'ice co·unse1ors
in the
..
. . --·school.
. . . . system ar.e_-bi1ingua1..
The following chart indicates each counselor's case
load and the nu~ber of non-English or limited English
speakers they are assigned. The information vIas taken
from qu2sticnnaires filled out by each guidance counselor.
~

SURNAME

OFr"IC~

I
I

I

I

CATE

SU~N ,;~,tC

OFFiCC:

I

I

OATE

OFi"ICE

I

I

SU rtll ..;MC:

I

I
I

I

o.&lt;.-:-:: '

I
'

!

�~
~

Page· Fourteen

.

Dr. Earl Sharfman
Lo\'le11, MA
GUIDANCE
COUNSELOR
CASELOADS
NO.

1

TOTAL
NO. OF STUDENTS
ASSIGNED

GRADE
LEVEL

NON-ENGLISH/LIMITED
ENGLISH
STUDENTS
_ASSIGNE

337

7 &amp; 8

0
.

....

2

12

300

less than 1/31 of 1%of:

3

7 &amp; 8

334

20 ·students

4

6,7,8

465

1 or 2%

5

7

&amp; 8

365

0

6

7 &amp; 8

350

26 students

&amp;8

300

.0001%

7

all 11th gr. (A-L)

11 _(A-L)
r _,

11

;-LJ

(~

• '
10 (M-7~
• '

-

J

all 11th gr. (M-Z)

less than 1%

all 10th gr. (!-i-Z)

less than 1%
about 2% • •

11

10 (.~-L1

·366

12

12 ( l"\·-.,1, '

al 1 12 gr. (A-J)

13

9

14

6 - 8

.

•

I

(M-Z)
.

15

-

all 9 gr.

1ess than . 25%

(M-Z)
2%

450

. . .,_
s~ucen ...

any
who needs

.

• -Do not kno•,•;,maybe

assisiance

9 -.12
16·

7.8,9

17

9 - 12

•

3 students

560

5%

none assigned

,
....

- .....

.

2~~

�..

:·. : •.

DEPARTMl:::.~

OF

HEALTH.

EDUCATION.

ANAVE:LFARE

Page

:

i-1rteen

Dr. Earl Sharfman
Lowell, MA
This chart indicates that guidance counselors in
the Lowell Public Schools a,e serving only .a very
small percentage of the students Nith limited or
non-English speaking ability.

'

i
I:

s.

f
',

"·
"'

'•

i•
!
~

;

:

!

"

III

•

The Bilingual Program of the Lowell Public Schools is being .
operated as an educational "dead end" or permanent track for
some students~
· The school systern has failed to establish uniform ·criteria
to measure the progress of students in the Bilingual program.
II
ti
••
f ore, ...
'
ne .:I our._,
~n2re
\.ha..~ ...
\.eacr.er-s
w1• ~h
.... 1• n i:• h.1 s program use
varying crite~i.a. as indicated
i.n.,Atochment 2. •

!

·.

..

'

• ·. • .

• &lt;... :

•••••

The supe?"Viso~of the Biiingual.progro~ indicated that the
fo11owir.g procedure is utilized fo, pr-emotingstudents out
of the bilingual progr~H into regular classes or standard
curri C!l t.-m.
...: .
.

1.

. .

P~io~ to students·being transferred
-. ct.rr-r-iculum&gt;
.they are integrated for
co.
~icn cf the dav into the r-eaular
.receiving
supportive assistance fDr

-

to the standard
the gr2at€st
c1assro~~s
one or two

• ' -iy rrcm:
t1-.~
EC:'
d '"'.
•
~ Teac h
021
ii-&lt;::
-t.. an.
01 -i1_nguai
.•ers.
.

• 2.

~

,

periods

..

A t-;-ial period of one.-month in a standard curriculur.i •

student is
caoab1e of functioning sucessfully and competing with
~is ::a~ive Eng1ish-spea:&lt;i:1g;:::eers. I·F difficulty is
0
--,--·•-"""'-"'d
as-1·s"""'nce
:.,.....,,,
..,n•
1·1~,
ngua1 Pr,.,vgr;::;,..,,,
-=:!;-~t-;:
~-;
_
,
.=&gt;
a~
Je
..,.au
_
S~f7 cor.ti nues.
cias·s;-;;..,,.1usually

determines

~,1

•

't'ihether a

t..

1

1J

Wehave found no indication that these procedures have been .
.. unifomly
implemented.
The responses of th~):eacher.s• in . -- ~,·.
• · • Attachment 3. s~ppo_rts this finding.
. -:
- •• ··:-·•
..=~-:
.. .:..·:-~····
••.....
·..·...
. ...-.-·
. ·:;-~·:
.

:J'•.·

··. ·.
··-,·

...

-·.

-·

•

-·····!':·
:·.•····.;

•. -

..

It is evid2nt that the failure of the School System to assess
the progress of the students and the application of varied
criteria for plac5~ent out of bilingual progra~s into regular
classes may account for the number of bilingual or English
dominant stud2nts enrolled in the'bilingual program.

th2 latest information submitted by the district
we find that there are 127 students classified as bilingual
or Eng1ish dominant \•iho ar-e enrolled in th2 bilingual program.
Revie,'ling

We feel that these children are being kept frcm progressing

.

.

�. .. .. ...

. . ..

Page Sixteen

...

.-'

Dr. Earl Sharfean
Lo,..;e
11 , i,L!\ •
..
IV.
......

There is no indication
that the Lovtell School Oeoartmer.t
rovides instructicr.al
materiais
desianed s~ecificall
to
.. meet the needs o students \·:i ose p1ir.:ary or h0:~e ano~aae
is other· than Enqlish. •

Although it appears that.th2 school deparl:Ir.ent has tried
. ·to produce a curriculum to meet the ne~ds of the non_'English er limited English speaking students, there- is··:.
.. . -~-n_o indication-that

the curriculura

used in the "bilingua1

needs .?f these students..

·_prcgram rr:-.=etsthe- specific

...

.,

•.... :.
': .•.

. . ·.
.

-·-. .: ._,• .

--

........

• ·_:'.:_l,,_.
. .. . ..
. .

.

.

:.··:·

,··
.. .·
.
.
.
·- 1.
'
•
1
...
•
h
•
h
•
...h
•
'
-..1
1
Tner~ 1s no re 2.1..1ons1p 1...e-c-,:een... e ma1:er1a,s orrer:..~
...
_·.. : .·•
• in the. bi1inaua1 program and the· standard .curriculutii ...
. ,·· . ;:
....,. .... ...
.
.. -. .
.
.
;. ..
·-·
.
..•
•• •.
~-..--_;:~_-.
~·The:---eis no o:,ordin.;tion- beti;;:~n the liffe~nt
.bi1ingua1
.;·. -~.-~-.. • . '.-:·..,.·class.es
through the program .. For exar.~.;le grades 5~7,8:
•. • ;,:_·:~ •.: . at the Bartlett
School us2 the fo1lc'iling ruate-rials:-in.
, -·~: ~•·7.
the areas of math.and English::·
·. • ,·· ...
•:· ·.•
• ,.·
.
- - . :-· . . •
.. .• . . . . . \ . '..· . . . ._. .
•...
. ... fi;:6.oup1ica·ti:1g
Exc:~ises (n~ 1e~·e1·); , .•
, •
1
. Tin"' &gt;lo.., s•,-e;:,,-,i1'n-,I ~J. C"nn
'-- :: I• is&gt;-;4 r-,:,ri-s
.::,_
•= . ('1,::,.yo15
- - • .1 ' - ./. . .... .
. th ri.l. 5) ;
.
·,
.
_ • ·. ·
: · •. :;· -. - ·
"-•

..

'-·. .-~ ......

-

,•

fl~'1'

'-1

_ _.._

•

11
•· -T'\g
t:.., ":.:
' , sn· :..e,.,
fJ ~
~... 7"'.. . ...
I 0 w c~
- ..
l c+,·.,.e-•
\oU.
:&gt; , .
. .. .
• .-.~-u;.do English Series (Scci::s 1 thl""'J 3);.
• :-·_.·
E!igiish Through
?ictu'res (t-{orkbcoks
....
.
. . 1 and 2)_'~

..'•

S

...

~Y

S

'""'P

P

·--

•

•.

.. .. .
,

•

-

-

:•-.

.. • .:•

..

• •J,

••

0

0

..

·-r,

0

1eve1 a~"- +.. ne
J
,

N

0

&lt;:-hrv...l ( nr~ d 0 s 6
.
7,S} the !n.2.terial usetl in i·!:a.th ar.d English&gt; with the
- ..., ___ _:...~
"'fi U&gt;
~~ .t.h~ .:oi
r,.,. .: ~r, •
► nnj ~&lt;:'t,.
'TL--uan'
?1·c.:..··re-·
':=A~=.-'•.1-.!
t.i • .,..
i
t 1,...,;.f(d~.
_..,':;
!..,d
;;:iv._
::&gt;,
sc~nd and Sense; Learning E;;glish; Growth in Spelii~g
'"""
.,...,-::,.
5-.,,,,.,.
I"\
:..- ' G,i.r.:::;

I

•

•

r..
-

-

0 ·1r. 0
,

-

' -

-\...

,:...,---....,

::

-

-

,.

•

\,,,U.

:

(i~•;e11,2~3);
and, Sounds,L~tters and }iorcis, are
ir:e~eri::ls used in the re,~ular curriculum accordi~g to
the Super.vJsor cf the Program.-: ••.
.. .

At the Pyne School thes2 children

are using spelling
m.ateri~ls for grades 1,2,3 ·and Math for grade 5 even
though the children are in gr.;1des 5,7t8•
Even t:ie
r.i.ateria 1s us~d in Spanish a re g~ared to grade 1eve1s
lc~er than the student's.
There is no continuity
or consistency
level to th~ ne~t or fr0m o~e school
insure that children ~oving frcm or.2
or frcm the bi1i:.gua1 progr~~ into a
curriculum will achieve sucess.
.t. .

from one grade
to another to
school to ar.oth2r
regular or sta~daid

At the junior high and high school, bilingual
stud2nts
are provided ;-iith only an elei::ent;:iry curriculum,
the
effect of \·1hich is to deny them the opportun-f ti ::!S to

�...
: ·-.....

..

Page Seventeen
Or. Ear1 Sharfman
Lo·se11, t-t~

...

participate in all parts of the school ·program
available to other students.
In essence, the
Bilingual
program at·the junior high and high.
school operates as an educational "dead end" for
these.students.
.

Assigr.ment of Students.to

'

. .

Schools and/or Classes

'

Even though students

fi

.-

:.
C

......

•

i'n the.city of Lo'.'./ellai--e·assigned to
schools using the district 1ines there are 5 schools that .
are still racially/ethnically
identifiab1e because the minority.
enrollment exce2ds the district
wide r.;inority enrollment
are:· . ·. .•• .:. by more than 20 percent
.. ... These, schooia
.
•

... ✓-.

-". •.

l

•

."!-°•

•.... -

. ... .
-:.

~

..
..
. -··..- .· ..

~ '\' :

,.
.,.,r..o...-c..
1·C"
P'/1
"--"~'-0 ,.,.,..&lt;&gt;
J
-

.._l,-,,._

:- Seriously
......

,.

consider:d

~---

i,J .... •J

,..HhU

...,1.,,_

grcup ('RPr)
, L, . '-' me t a t
•
.oe:-r1e~n
.
Sepi:er.1cer
. '
2?_ anc• ,,iiOVeliicer
'
4 •t.O
(. 10 ...
"1:ies
l eas .._
..,..
__"..:?'-N
--~
..:-.,....;::.:.:..~~';)
·•·n"' n~a~n.:~('T
-=-.,.
sc~r.
y-;:,r
10 1 7 "',0u
,Cti-,.
~.. ,.._
l
i:;::,
\V•
:iUv
c:•
• -.:.,e
• ,. •nous1ng
,
,. d en;..s.
..
I·i: a 1so ..1-,ad ·•
as 1• +... pe,-'-\.,a1r:s
-:o
or- s1..u
....
n2
responsibi1ity of d2velcping a plan v,hich \-tould be
educationaliy scund and fiscally feasible.
A preliminary
-•••
r I a::T.1• ng t..or.m1
ti:ee.
;·::.i....:,:..,

..

the. ·Le·''"""1°1 ·sc~......
"1 c,..,.,.,...,·
./,--'-~e···
t..a"s
• •••
II
the ·need fer a.co..,preher.siv.c housing

+;.,-,,;.
-•i~""

· ·:. p1en.. This gr.oup passe&lt;l a rr,eti on .to set up a· corrmittE:e in •
,,'n;,..'r.
pa.,..
n~-~,,,..l~"~+0,~c;-,p..--·
-r,.....:n,·-•--.a..ors
YH •'-,
, 0_.,i.-::&gt;,.
~~....
".;,-.i~,
""-!l
; . ._. ~,
c~,-.
.. .::..t..; c.L .:) c.-nd -'-he
~i
.cc~:.:init~r,.-;er~ teprcsent~d-. :Pursuant to this motion the
. -· .
Superintendent
of Schools appointed a gr-cup to fora a
•!..Ong o"ange

.... ;,.._

:...,~

t

·-•·1n1 s

Jij

0 ...,

JI

-

_plan for the housing ,of students. fer _?chool year .1977-78. _.-:
•.-tassubmitted to the schoo1 cor..mittee for approval; Our ~office. has reviewed: this ·plan and made.-sorr:esuggestions to.::, ,

the··chaiman.

· ·· ·· ,.,_.. · - =. ·. ·'.---··~-•.._.--··-·-. • . •:--:•• •..•. , __··: •

In addition to the racially/ethnically
the.re are some racially/ethnically

the bilingual

-

identifiable schools,
id2ntifiable classes within

and special education progra~s.

There are 10 classes in the ·Resource Program which are
non-minority. In addition, all bilingual classes are
isolated.
There is no indication that students in the
program have the opportunity to integrate \&gt;lith English
students, with the possible exception of those students
high school level.

100%
bilingual
speaking
at the

'·

. .. -

.••

�ATTACHMENT
1

Criteria

'.

'
'

•. • t

.

1.

Insufficient knowledge of.Engliih language
in reading and writing it.

2.

Limited English ability .•

3.

Any child whose native language is not
English who can't function in an English·
speaking class .

4.

Unable to speak English and theiefore cannot
cc?e with English speaking classes.

.

. i:c~-~:.-;-

..

for entering the Bi1i ngua1 Program as vi e•,·1edby each teacher. • ·

•. -:. ......

.., . .. . ..

-

Evidence of li~ited

,,,.;

,

\{ _:_•., .

,.-.-:·

•

••

~~-

..

-~;:.
•l
• ··•·

, ...

_p.

7.

English-ability.·

Limit2d English speaking abiiity.

•

.....,. .

• ' · er students
s~uaen~s
of 1~mited ability of English are referred

1
,....
11s
• h SD2?K1na
' •
t\Gn-cnc
.

to Bilingual program.

_.;;::·1-:"
.._,.

-~-....
'·· .

-.

8.

cbilit)'.

.

Any child \'/hose primary language is
than English and 1•1ho
had difficulty

0..,

ordinary class\•1ork in English.

.. . .

other
performing

10.

Past records,. ne·.-1students entering country
with r.o English or very limited. Chi'ldren
who are in mainstream but can't do the work
because of lack of English upon recommendation
of teachers, outside groups, parents.

11.

Children \'lith very lifilited English speaking·
ability, unable to function in regular
classroom are referred.

12.

Limited English ability in accordance vlith
bilingual law and specifications.

.. ' ...
...

�• ·,.,' ..

Page T\'10

\~:

;~·~·

-:·:.--:.:

' •.
.

•..

~'

'--

i..

Attachment l
Lo•,•,e
11, MA
13. A child passes limited English speak1ng
ability and cannot perform in a regular
classroom.
14. Letter from parents asking the child's
regist,ation and no ability to communicate
in English.
15.

16.

17.

Child with limited English speaking child
does not knowEnglish well enough to enter
regular school. He is referred for testing
assessment and placing.
1.'!camersto
r~&lt;2

country, lack of sufficient English
to function in standard class, testing, interview,
parental ·desire.
If a child wha1 s native language is other than
English and can't function 1n regular curriculum
he is placed in bilingual.

18. Ne·;-;a rri va1 in country v:ith no Eng1i sh or no
working knowledge of English.
English speaking ability who after a
specific period of time are not able to function
~n a regular English c1assrocm, may enter
ti1i~sual students e~tered frc~ non-English
speaking countries are also referred as well as
those who had been in bilingual program.

19.

l

imi~d

20.

Limited.:English language-abilfty in accordan·fe
with bilingual. law and specificati?ns. ____.

�. '.' . .

•'·

ATTACHMENT
2
Children 1 s progress is evaluated in the following manners:

·.. . . . ..

l.

Through teacher made Spanish and English tests.

2.

Team teachers, criterion

3.

Criterion reference tests, consultation of team
teachers, school psychologists, city math tests
(inter-~"T:€rican series this year cn1y).

-

4.•
(.·

Test&gt; perso~al observations, teachers consultation,·
..... ::,~ ... ,....,.....i.

• -r-1~1

'

5.
6.

9.

reference, supervisor.

L.

'f"'d~

,.. ~
1._....,.,.

•

Tests.
di scussi cr.s,

on materia1s.

Team teachers discussions and tests.

10. Tested by'fJ~ivi·d~af_teacher'·;·n-·his/her subject.·
• 11. Team teachers consult on eacn childJcriteria
referer1ce assessments are used and are built in
the reading program.
12.
\

Criterion references tests, teem teacher-supervising head teacher consultations, Inter-A.merican,
Stanford Test, City 1.1ide Math Tests and teacher
made tests.

13. Teacher assessment and testing,

report ca1·ds.

�-

-

........
-•

Page T\'IO

...
. ·....

.._·It, .
..

Attachment 2
Lowell, MA

t".
·,

f

(
f

L
,.

14.

By pre and post testing.

15.

Each child is evaluated by teacher through different
tests in the kindergarten kit.

16. Teacher Qade tests,
English ability.

standardized tests,

report card,

17.

Evaluated by tests, teacher made and standard .. Also
brief meeting with other teachers ..

18.

Consultation of teachers, progress tests.

19.

Chiidren at second grade level are given report
cards fou~ times a school year. Periodic checks are
made in the classroom and frequent discussions bet\•;een
ESL and Bilingual teachers are made, I have
used the Standford J\chievernent Test for grades

. - -·

l

?

.·

�ATTACHMENT
3
Criteria for Promotion out of the Bilingual Progam as viewed by
the teachers.
..

!
i

r
.::-- r
r

i

i
••

·-·

'

'

. I

.

. .,

1.

Ability to function in a regular classroom.

2.

English proficiency,_ years in program, parental

r 0-"-!riue-.,.
:::,"-•

3.

Nur.1b2r-of years in urogram, oral English ability.

4.

Successfu1 adaptation into Er.g1ish speaking classes,
this being gradual from first year on.

5.

\~her. students

knowenough to be integrated into
rp - ..~-- ~~--s
i_Ja~
without falling behind in subject

. . -~UJO.J

--· .

'7"+0.,...
,.,........

r.i;:::

...
'•

. 6.

h
. cr1~er1on
..
,..
Yrcr;c1ency 1n cr.g11sn ~1ro~gn
rererence
tes~~ and teacher-supervisor ccnsuitations.

7.

and consultation

""·

-

•

•

•

,4

..

...

,

~

•

O("r::,s;"...,
-\,,,-

8.

i,fr1er their English ability

in resu1ar class.

l

VI,

.:..½&lt;&gt;
I..;,,._

warrants normal functioning

9. - English ability.
. ..
10. Teamteacher recommendationconference with mainstream
teacher who will receive cl1ild, guidance counselor
conferences. Psychologist recommendations.

. . .

I'
I
.'

11.

Level of proficiency in English four level of
adaptation to the new language. Consultation with
receiving teachers insure follow-up.

12. Years in program, English proficiency, parer.tal
request.

�\

,'.•:
... .
....

.

~

··•

!

.

Page Two
Attachment 3
Lo\1/e
11 , MA
13.

Proficiency in English that 1;1ill enable a student to
function comfortably in an English Speaking classroom
commensuratewith his chronological age level.

14.

Usually after t\•:o years in program, children whose
ability in English is good enough, go to a regular
class for 1 or 2 periods a day. So at the end of the
third year commonlyare ready to leave the program.

·15.

If teacher feels they are capable of perfcriTiing well
in English they are transferred, or if parents \•1ish
to take them out of the progr~».

16.

English ability, time in program, teacher evaluation,
parental consent, ability to function in English
speaking classes.

i7.

Oral Eng1ish ability,

18 .

Prafic~e:1cy in English, number of years in U.S.
consultation of teachers v:hc see chi1d.

•

··'

··:•;,-··.~

.·

....

...

,..,,·,:,.,
.
'

when and time in program.

to function successfully ar.d comfortably in
an cng1is~ classroom· at his/her gr2c2/age level. A
ch~1d should not have to loose a year bu~ should
be µ1aced at proper chronogical ·grade level.

Abiiit,y

20.
. ...- -....:
~

-tng. l. 1 s h.

request.

�: . ·•• I 1 '•

Page· Eighte~n
Dr. Earl Sharfrnan

Lowe11, MA

,.

In addition, during:the c6urse of our investigati6n
of ybur school
system, we made a nur.1berof findings in the area of Special Education.
~ihile there is no racially disparate
impact. on minority students
constituting a violation of Title VI of the Civil Rights Act of
. •• •
1964, we found a number of violations of the Massachusetts Departrr:ent
of Education Regulations ur:der Chapter 765 of the .l\cts of 1972:
The C•'.l."7lprehens1
ve Special

Educa ti on Law.

•

··-

He are referring these findings to the Deparment cf Education for
appropriate action .. · A copy is attached as an appendix to this
•·.
• •
l o++or
...-. .
.. . - .

....-

~

·In addition·to

c;r findin~s~ -it should be noted that th~~ were·

ccm-.:ents and concei7,S r.:.adeby sooe of the teachers and adf"linistr2tors
1 ~~ •~
Sr~,..;~;
~nucatio"
~,---·-·
__
1n -e1a~\ii&gt;,_,,
of thE concerns expressed.
1

-...

~. •• 1 -

tJ

n'.l"'nnr~r· ~-:::, ~••

...
' ...·.. ·-··

..

..

. .
A plan fc~ acticos to be··taken by the schoo1 syst2m to correct the
.
~ ... .
.
-'
....
.
1
... t
• .. ... d ...
v1o!c.:.io:-:s·
co,,,-er-e-:!
in
1.ri1s
e1.
er must h-e sucm1~--2
1,0 our Office
thirty (30) days f •
t.ie date of this letter._
Failure to submit

.

..

..,._H

en accsptab1~·p1a~ ~i11 leav~ us no ~1terr:ative but to r-efe~_ycu~
.. . . • r.,,..~--~
·- • ·-·
dlStrlC(.,. ror ~•*~ ___;..e;,~.
~p'°!;.!:'

,
;

.....

. ·.,,-

.

Sincere 1:,,ycurs -~_

..
,
'
uonn

·:

-

l:l.

.. ,--,oc•~i..l

...

oyr.oe

r,

t,..•.Jj

Office fof Civil Rights
Region I
Enc1csures
-. - ..

CC:
Official

./

v

Re:der
JGBReader
Tcr.iFlygare
Go
-•··?•-·'··*--••-,
_,_;_L,

•.

.•

L

~=,~
I.ct

Lloyd Henderson
,t-!N-o)'
I.....

' -·'

Cb &amp;h

ES:MH&amp;BP:acr:3-14-77
·.

,

•·.

-.

�Page T\•10
.,

• !

·:. ~
•• 'i •

- ..

Attachment 4
LO\•le
11 , MA
more quickly; processing for proper placement sometimes
takes a11 year.
11. Need for more school psychologist and social workers.
12. No standard curriculum leads to a variety of subject
taught and stressed.

j-

13.

Poor and incompetent Special Educators undo what
competent Special Educators have done!

i4.

Meedfor more classrooms for special needs students
and faster placement for children awaiting services.

- 1nserv1ce
•
• t ra1n1ng
••
~- ir1,eed ror
.
1~
. ·1c:.
V•

.. . .
·.•

Lack of i;;service training by State Educati"onDepartment
to teach cla~s-rccrilteache:s how to meet individual needs
of pupils with learning disabilities in the classroom.

17. Need for more personnel as some teachers cover 2 and 3
schoo1s and ti~e avai1ab1e for teaching is too short for
"'"hos1t:! l..t:~-;
!:=! ,:) •
-'----t----

18.

~1
• •
t r1. s-c:
. .,_
. +'L.?"1e.
• •- d
•h
"eec
ro:--a psycnome
L.O.,_
L.es-c
cn1
i ren ror 1: e
L &amp;D Prcg~2rn. ~!eedfor standard curriculum to
basically cover each perceptual area and it will

Prr:::,r:~.::a
..........

19.

,._

·•-:·:
-··

..

.c.-..-:-i.;
,.:

~,,
·.J

n,~n...... +r.~

\• 11·.....
'
t... •

1.-

&lt;y,7':::::m
_,

-

..--•···

More special education teachers and psychologists are
needed as :i;ar.y children still \'1ait months for testing
,a.--"'o.n+
and ....
~
'

20. •

...,. ..

•

\...~n

... ::'-•

.. -.;:-•

·-

•

•

-.

.,
..

-.

The teachers bat.hroom/restrocrn area and th.e end of a
corridor are u~ea for ~pecial services.

�r.

APPENDIX

•

Special Education
l.

Failure to implenent uniform, nondiscriminatory
criteria for the referral anc ~lace~ent of
st~dents in Special Education prcqra~s.
Even though the Director of the Special Education
Program i nfcrmed us that there \\'ere criteria for
the referral and placesent of students in special
classes, these criteria are not followed uniformly
or consistently.
•.
..

..

The Specia1 E&lt;luc2.tionProgram in the city of low2ll
houses a tot2.i of 1261 students in the follov:ing
programs:

1.

35~

-2.

22

10 ··•
401

3.

4.

438

6.

17

7.

5

14

8.
Th!')
'··-

c1:::
--:
I-.:);._

':;-::~-:• 1--"•'

::--!'~,:T.-i

---••••

~t~r.
._...,.,__

~-.:
-.JJ

+-h:::)
!.r7~ -~
.... 11-...
,,...,yl,•::J..,.,

:&gt;1r&lt;&gt;Cf-.'""'t..,...
c-,:...
·..,.V•

Special Ed~c2:io,. indicat2d a total of 1251 students
••
'"lE'
.I.'
••
enro 11.e~~· 1n tne
~pec1a,
auca~1on
programs. Rev1ew1ng
,,._.::, ...
_ ··o .J::O"nd
.I.ha·....
11 ::,
L..::, YeI
&lt;..
• I..,
l. •
t t.e-e
~

a. - ·t!o date was indicated"fcir a Coie Evaluation Team-~
(CE1) j;1eetins in the: case of· 287-students. ··These:··_·.·
CETmeetings must take place prior to the place~ent
of any .child in a special education program.
b.
b.

T\'/o hundred eighty-nine

(289) students \':ere

placed in special education classes prier to
having h~d a CET~eeting.
c.

No date of placer.'ent \•;as given for sixty-nir.e

,

�~ge

..

T\'to

·.'

{69) students.

~·

~-t:. ;.

d.

No record that a CETmeeting took place at all
ri or to l acer::ent \'ias found in the case of t•.to
undred thirty nine. (239) students.

e.

Fifty-three (53) students \-/ere placed 1n a
special education program one year or more after
a CETmeetinq took place.

f.

Thirty-eight (38) students viere placed in a
special education progra~ one year or more before

b • ·• •

...
-:?{:·:

• ·a CIT meeting was held.

The following charts indicate the schools and programs
in which these violations occurred.
.

:·.;~;::.&gt;;:"-

..
. ---

. ~; ..~.:..:-....~~-·
......

--..... . ...· .
~-·.

...' . .
. .....: .. .
~

.. , .
..

.· ·- ..

. . ·- - ..

r

: ...t
r
'

I

�.....-, . .. . . . .. ······--·

--

. ,.

. .

•••

. ..
•
.

-

•

~

@

-·· .. - . ·--··-- .
.
P@ Three

Earl Sharfrnan
Lowell, MA

. ·--- - -·

....

----· -·

.

.

Di:.

.

.

.

..
.'.

•-

LOPROGRAM

.
;

•~
~

'.

1.
PLACED
PLkCEDl
PLACEDPLACEDH'·'ODATE no RECORD
PROGRAVi
,
T• BEFORE
OF CET YR+ AFTER"R
~IITHOU1
PRIOR OF
CET
CET
TO CET PLACEME~lT
CET
1
1
LO
ee
,
1
I
2
LD
i1ey
l
l
2
2
i ;,.vi...u c':&lt;.t=&gt;
,_v.;.,1e Merr{ LO
5
8
1
30·
30
I
LO
I
fc:s~ington
3
5
LO I 1-ob1nson .
2
3
LO I 2
-~cAvenue
1
1
1
1
LO I 1
{art1ett
1
.
2
1
1
1
LO
I
!ut1er
•
3
2
I. 3
LO
fhaugnhessy **
4
3
2
2
I
8
2
LO
fa1ey
Jr.
... ".
'!
1
1
LO
II
~~11oy.
I
1
1_u
r
1
i
_;.1vers1de
2
•.,-. ~,.
n
I LD I
...: ·-vne
.,
I
.
1
1
LD I
I
... . .~OQ~ -.
II
LO
•
i iJ._...
I!
l
1
•.
d
LO
i
;:Ja~
• ..t"'-•l
•'
,
1
3
LO 'i
r,oody ur.
II
I
2
LD
~crey
!f
2
!
Ln
.: arnum
!

CHOUL

,-

....

__

t,

I

,,.

I

~

I

.
l

I

l

I
I

J

I

;J

-

!

I

I
1

I
I

:..,

59

I
I

. 18

12

... . . .

** 1 child placed 9 years after - . CET
.

I

. ...

20

13

�l..

...
'

~

.

!Page Four
Dr~ Earl Sharfman
Lowell, MA
RESOURCE
PROGRAM

:OOL
~~.r-~.
i;:-.

iot
.. ert

er.ha1ae
v

:Prep Ctr.
coln
·:'

-:.:Morev.,
ers:ide

I

inson
•

,

--e11 Hich
v

• -··.'tlett

•

.,.onne11

ey

~~

Resource

Resource
Rescurce
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PROGRAM
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PLACED
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OF
OF CET
AFTER
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BILINGUALPROGRPJ\
l Y).+ ••
PROGRAM
l PL.~CEJ!
PLACEDNODAIE HORECORD
PLACED
l YR+. PLACED
OF
OF CET
AFTER
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HOUilPRIOR
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COLLABORATIVF
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.

Page Five

1

Or. Earl Sharfman
Lowell, MA
'.

,
;

•.;

DEAFCLASSES
PLACED
l YR+ PLACED
l
PLACED PLACED110DATE NO RECORD
PROGRP1'1
AFTER
WITHOUT
OF
8EFO:PRIOR
OF
CET
. CET
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• H0/·1ESTUDENTS

.

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�Page Eight
Appendix
Whether a full core or intermediate evaluation
has been recommendedand of the right of the parent
to a full core evaluation, upon request, regardless
of the reco""~endation.

l

t
l!

4.

The date when the evaluation will beain and of the
right of the parents to meet, with o~ without their
child, with the chairperson of the CETor a designee
of such chairperson, prior to that date to
discuss the reasons fer the referral and the
nature of tr.e evaluati.cn including the possibility
of a home visit, with parental consent.

5.

That they have the rioht to be present at ar.d
participate in all meetings of the CEI where the
educational.plan is bein developed and written and
that such meetings will be held at a mutua11y
0 •
~h-~ •ho1·r rr.'
""'-&gt;
-.! ,·~ct also
Cor.von~-~~ ~1·m·e an~ ~1a~
has the right to be present at and participate in all
' .
-,.. moc'"--~s
Su r._,,
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•

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includir.g a recc~~endation or a.
.:)r-" ca+1·on"l r.1~,, .:,,...,,,..
.:.;,a. -'n1· 1 a'
s'n"1 ~1 b-&lt;:.'
lu,
I
11

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&gt;

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, ••
ce:11:::1:2-:
no 1a t er ........
•...n=.n tn1rt.v sc:iGO,
ca 'S

af~er the

of the notice letter, with specific
rere:--2nce to the date on •,·:hichsuch thirty-day

......
..

oerioci
e~:,ires.
.
.

.

:- ;- ~-·:\
. .. ...-~·

Gate

•

7

,

.

an approved facility
. . t
any s;:,ec, a 11 s s.

or, at private expense. from

~

8.

....

That the -pare-nts vlill be sent a .\•1ritten notice •
containing ·a thorough explcnaticn of the results of
the evaluati.on v;ithin te.n days .a.fter ...i.ts. cor;:;pletion
and that such notice will i·nclude a ~opy of the
proposed educational plan and a complete statement
of the right of the parent to meet with the CET
liaison person, to accept such plan, to reject
such plan, to resolve differences of opinion du~ing
a required thirty-day time period and to appeal •• as
well as their right to an indepe~dent evaluation.
A
state~ent of the intended placement of the child
during the evaluation process shall also be included.

There was no evidence that the parents had had .the
opportunity to r.ieet \•1ith the Chairperson of the CETor
such a designee prior to the date of the evaluation to
,

�Page Seven
•

I

Aopend1x·
Failure to adopt and i~plement uniform procedures for
insuring that children and their parents or guardians
are guaranteed procedural safEguards in decisions regarding
identification,
evaluation, and educational placE~ent.

2.

In addition to the review of the class lists and information
submitted to us from the Acting Head of the Department, an
on-site visitation to the Special Education center took
place during the week of tiov2mber8, 1976. At this time
forty two (t;2) folders of students enrolled in Special
c-'
• d by m2rn bers o,.c my SL.aTT.
• -_auca....
...1on cl asses v:ere exar.nne
These folders belonged to White, Spanish, and Black
students in the district.
It was difficult to determine
the ext2nt of parental participation in the referral,
evaluation, p1ccement, and preparation of the educational plans.
Although parent signatures were in scme of the
educational flans in the folders reviewed, we could
not det2rmir..e if the parents were pressnt at the CET
or to vihc.t extent they were aware c.nd involved in tr.ei r
child's educational program reaardino soecial
needs.
.

. ,, ...

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. I

R2Es:~s f:~ referral

~ere missing in.twenty (20) of
the -;=crt:1-~·.-10 (42) folc;ers e:&lt;c.miriec:.Parenta.1 car.sent
before a psychological evaluatibn was not included in
nineteen (19) of the forty-tv:o (42) folders or the
consent was not dated. Therefore, it was difficult
· to determin~ if parents .w_ere.i_nv_olved~
• ••.:,

·- .·•....• ··: ·.

-

.

~

Dates of r--eferr al s to the Deoa. ~,.,ent of Soeci al
Educc.t-re;.1v;2re missing in twenty (20) of the
-1-,..,-.:..,_._~,-;ut,l?)
folG'o,...,s
ov;,ri,"1-r:cr{
Sc•Jonf-con (17)
v:
... ....
,.
,. ·._
of tr:2 t\-ienty (20) folders i:1issing referral dates
belo~s2d to minority students.
~

'•

.

...

: • -:-=---:
•. ::-~•.. •..-

·.\:~: •

•··--:: ·::.:~:. ·_.

None of the ·folders .r-eceiveci.c·ontained a notice to
parents informing them of the following re~uirements:
l.

Th~t a .referral has been made including the na~e
and position of the person makinq such referral.

2.

The nature of the evaluation process including a
description of the specific assess8ents of the
child that will te conducted.

I

--

·.... .:.

�~
.
1

..... - ...

11
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I

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I!Ar:les

IiRcgers

•j Varnum
l!Sartlett
IL.

: 1ncoln
?awtucketvill

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2

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---•-"-••·---

PROGRJ'.11-1
PLACED PLACED1~0DATE llO RECORD
PLACED
1 YR+ PLACED
\i/ITHOUT
PRIOR OF
OF
AFTER
EEFC.
CET
TOCET PLACEl'iE/
lT
CET
CET
CET
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Sp. Ther
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jJ.G. Pyr.e
·'jColburn

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.. --· .......----·- ..·----

- -

SPEECH
THERAPY

!E11iot

:

-

'lo\-ie 11,. MA

♦

\Moody

.

.

'

~ SCHOOL•

'

- ...- -·--

.

Or. Earl Sharfman

•

l ..

I~

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~

Page Nine

discuss the reasons for the referral and the nature of
the evaluation including ~he possibility of a ho~e .
visit with parental consent. There was also no
indication that a notice was sent to the parents containing
the following information:
l.

A statement that the evaluation ha~ been completed
and that the parents have the right to meet with
the CETliaison person and the Administrator of
Special Education, within fifteen days after the
notice 1,-;as sent, to eva 1uate the adequacy of the
ed' 1 "" .....:"n~l plan

.•

1..!'&lt;--i...1v,.=..

•

•.

A copy of the educationai plan or a statement that
the child is without need of special education
service.s.

..,.
'J

A stat2::1e:1t that all pc=.persr"eleva.nt to the
e ,,,;:::P:&gt;-:-~nn includ1'~r; -f-h;:, +::,.vtc =&gt;r..-1 r::&gt;S'u'1 ...s n-f
th-:: actua1 assessments, are avai1ab1e for inspection
-•-'---•-

)

••

11~

.,..;,_

,_._,,..,,-J

t... •• -

._

\..

.....

• or a aes,gnate,
' •
• d rep:-esen'-c.t1ve
.... •
- t he
by •·~ne ·parenTS
OT

-~,-c...,-,

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A

4.

-ll~.

•
•h
.
in
t.,:::
event. an eouca ...1onc.1 o• l an 1s
-p~-r~-~
~v ~~;:,oar-n~s
, -ut'~.t,.':::·..i
:.......,
c:.r...
&gt; t~cr~
...,,_.
,_ ,·- .::&gt; a •n'ir~y
t... - a'::oy
(,.;.
required time period, to allow fer efforts to resolve
diff·e-:-e:i::=sof opinion through ir.fo:,,;a1 discussion;
_
and that during such period, the parents (or the child
~her~ ~~e c~11d is eighteen ye2rs cf age or elder) shall
have t~e ri;ht to meet with the Administrator of Special
Educ_~tio;; or the chai rpersor. or any memberof the CET,
or the entire CET, to try to resolve s_uch
•di ff ere;..:2s,. and ..th~t~ the_ CET
..ch.airpers.on or :-:.--~
the parents ·:;,.2.y'.request ass·fs·tance·..from·-the •
··
.· Regi ona1 8r ~-nch:_O.f
fi c:e
..of..._the. Division. "
ft

,.....L

.... .:.. ...,_

......... ~

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••

1,..

•

,

0 ·:

·-

-·

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5.

A statement of the specific: choices available
to the parents (or the child where the child is
eighteen years of age or older).

6.

A list of the names and locations of facilities
which are approved for conducting independent
evaluations and of the right of the parents to a
choice of facilities.

,

•

: ••••••

•

�,

·.

Page Ten

''

•
I

-~

Appendix

. !-~-

7.

A statement detailing the entire appeal.process
and hearing procedure, including a statement cf the
placement which will be provided for the child
.
pending the completion of an independent evaluation
and of the appeal process in ge~eral ..

There was also no indication that parents have the
opportunity to:

..
, ..

1.

accept or reject the educational plan or
the finding that the child is without need of
· special education services.

2.

To postpone ·until the completion of an independent
evaluation a decision on the educational plan or
o~ the finding that the child is without need of
special education services.by r.oting on such form
. their decisicri to postpone their decision and to
• '
d +
1
....
.,
•
h'"' •
have. an 1naepen en .. eva ,ua ..ion o, L.fieir c ..11G
(specifying whether at their own expense er at an
approved fa.cility),
and by sending such fo"i'iiito the
schccl co,i~.1ittee.

To

~

3.

To rejec:: the educationci p1a:i or the finding that
the c~i1d 1s without need of special education services
bv nc-:i~a
and their
- en such from such rejecticn
inte~t~o~ to have an independent evaluation of their•
ch-ild (s\)ecifyinu \\'hether at their o·..inexDense or at
c.,...::,-,--"·•..-=-ri f;:,cili-+•/! ar.,., bv s=-ndina ,vch form to
the schco1 ccmmittee 'r:i thin the time specified.
~

•

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•

•

....

-

'-.

•

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•

..,

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It is diffic~lt to determine hew the school district
w~s able to cc:.:p.ly.\•liththe p.rQY..iS:i.QD~.s~t-~p_fcr
the
parental involve~2nt ·in.the Special Educatic~ program
when the class lists submi.tted revealed that at least
236 students \·;ere placed in a special education pro·g·ra-rri·
either the same day or the day after the CETmeeting
took place. Class lists also indicated that no
specific date of placement was given for 316 students.
Only the month and year was recorded.

f

,

�I
i

r

.

,.

•'

'

.

Page E1even

Appendix
3.

.,.

Failure to adopt and implement procedures to insure
that test materials and other assessment devices used
to identify, classify, and place excepticr.al children
are selected and administered in a manner which 1s
non-discriminatory in its impact on children of any
race, color, national origin or sex.
According to responses given by the school psycho1ogists,
there is no uniform battery of tests administered to a
child referred for an evaluation. We~ere told that the
number of tests and the specific tests given depend upon
the nature of the referral and the student's age and
attention span. 1;!e were unable to determine the
criteria used in the administration of tests to students
within a particular program.
In our review cf Special Education folders we found that:
1.

Six (6) students were placed in a special program
after having only one (l) test.

2.

progra8
students were placed in a special
Seven
(7)
.
.. ..
. .
..
.
..
,....:.h v ... '1 two (2) tes7.s havi ;ig ueen aGm1n1s~erea.
r.1.,_;

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One (1) student received the following tests prior
,._~
-•----~n~
s1·v \.1 ~\) ~-,+s 1·~ 1 57? T-ou-('°} ~-sts
~i-::.i...:::::,
......
.;,---- --cnree
.,
. (3) -ces~s
. . 1n
• 1°-·
t es1:s.
•
,n
..,/L:.:ana a1ve
:,
in 1975 fer a total of eighteen· (18) tests in
lt..,

A

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i

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(,...)

stu:ent ivas given twer.tJ-seven (27) tests
befcre placement in a spetial program.
Wewere also informed that testing is only a small part
·of the eva1ua-t:\ve·:p-ro·cess
;, Y.~:t_
·vt.e,'ttere unable ~to·:Petermi ne
. ·what-other factors. we-re·.u·sed-:in·-the...e.va1uation of. a, :student·referred· for 0.Speci·a·i.
-Ed.ucaticn.__
:. ,... ·: ···:.._;__:.-, :'-·:.:_:.
The following assessments are required prior to .the placement
of a child outside the regular classroom for more than 25%
of the day.
1.

An ass~ss~ent of the child's

I

educational status by an

�-·· ·----------- ·--- -···-

....:.

-t
,.

•
•

.l

:l_

Page T\/el ve •
1

...
Apoendix

administrative representative of the school department.
Such assessment shall include a history of-the child's.
education, an overview of the child's schoo1
progress and a state~ent of the child's current
standing.

'£
If

-t..
~;.
•:

-f:., .

2.

An assessment by a certified or approved teacher \'1ho
recently had or currently has the child 1n a classroom or other teaching situation.

3.

A comp;ehensive health assess~ent,

4.

An assessment by a psychologist, including an
individually appropriate psychological examination
cu1i1Tfnatingin specific recou:~2ncaticr.s, based upon
. . c:ii
...-~d'
• 1 ana' soc,a.
• 1 'n1s-ccry,
• •
i:.ne
I
s devel cpmenta•
o b ser-.
vaticn cf the child in farniiiar sur;cundin9s (such as
1
~ ·-.ic:.~~i""
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:ie
~
·iii , senso,...··
i;:, -ot· ,.,_ I ar.-u~,.,.,
• •~ a.:;-,
r ...,..-o...
t..ual ,
cogn,·~,·vQ
_;~-c~~v, a ~•-n•~~-~1
I. .. :: ... 1 u 11a
,
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,·nter"'or&lt;:-n-1
l-.on'
......
,·
O.,,.."
,·
n.:..::.ros-'a"'"d
a. ' !.Jvocaticr.~7 factors, in regard to their maturity,
irit2~r-ity
and dync.:ilicinteraction within the
educational context.

•

:::

by a physician,
as prescribed by the regulations and forms on
physica1 examination of school children by the
Depart...er.t of Public Health.

111

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,

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6.

guiccnce or adjust~e;it counse1cr of per:1nent
fa~iiy history and hc~e situation factors including,
with prior written parental consent, a ho~e visit.
This ~ssessment shall inclu9e a description of
pertir.ent.-:family.-history. and individual deve1oprr.erita1·:
hi story and: estimates." of ..adaptive- behavior ..at home-, -•
in the n.e-i:gb.borhood~and
jn_local peer groups. Estimates
of adaptive behavior sha1·1 be based to the greatest
possibie degree on information obtained by direct
observation of the child or direct interview of the
child in the neighborhood setting.
Ee.ch
Any additional assessments by specialists.
specialist providing an assessment co~ponent shall

, I

.

�..........
~

....

Page.Thirteen

J

:,

child a professionally sound, comp1e~ and
individualized examination or assessa:ent, in
the ccnt ~t of the child's physical, deve1opw~ntal,
social and educational histor; and curr2nt circumstances.·

give-the
suitably

0

7 ~ Each persori cc..'"lf)letingan a·ssessu1,::ntsha11 surni:r.arize
in writing, the proccdure5 employed, the resu1ts and
diagnostic i~pression, and shai1 define in detail and
in 2dur~tionally ~levant and corrrr.onterr.is, the child's
..J
-•
~·
•••
••
neeQs
or'!':;r1ng
e.xp11c1
.. ceans er- r::ee1.1ng
u,El.
•1

a.

pres_. iptive el~ents
• •1as
•l
~~.riCf11
n==&gt;.
.·.•

. .· .

Such ~-irftten sumary sha 11 reccmnend any

ne:d2-:i to meet the
-

... . . ... ...

. -... -.... .. . -

,

~:--y

..

:,a

n"r

v,

..:..:....c. --~~~
'-Jlye. . .....,!&gt;;..

~n2 approva1

b-ewaived
1•.::;

I

:111'!1

.::--;::)s--en""-

o..;·,::"'"'t'-4 ♦ t-,C::•ti. -~~,..-,.,-i,1::t,

,..,_.:.

.:)lt;

.,l..,

1·

u
-

+\..-e

""'~,.

. opi ni::;n 0f t.'1e person doing tr;z schoo1 ass.ess;;;ent,

has b~:~ c-.::~l2ted
durino.., the si~ rxinths prior. to
.
th2 t~i::E of the schedu12d schco1 ass2ss;;;ent and has
.h=~~ -~re~••~,
.
·1 a"
'l;., o- ...
,._. SC~00
• 1 • ~~ d •-• ~ ~ne
•
~~-•• ,.,___ -1.
\. O .~o
vH-

,l

:

,

_,.

11

-•

p2rs~~ ~ho ~nductcd W~eequivalent cssessw~nt

(or the designee of such person where per:nitted)
agre~s to attend tha·meetings cf the CIT.

.. ....

We found t:iat·.t.'le .dis_!:rict ·ha?. inconsis.tently

. . .. ..

admi.nister2d

the necessary µsse~s~ent~ for students r2ferred tor
Specia1 Education.:

, •·.

:

In addition to cvr findings, it should be noted that there
were ccmuents and c~:.cerns made by some of t~e teachers and
administrators

in relation

to the Special Edu:::ation programs.

Attach~ent 4 indicates sone of the concerns expressed.
...

OF;:'IC~

-

-·

I

I

I

I

OATC:

.

SU RN AM£

--~-.

I
'i

SU::l!-J ).t.tE

Or'FICE

I
I

I

•

-1

I

OP.TE

orr,c~

l

OAT~

SURN,\ME:

I
I

I

I

I

I

l
!

I

I
'I
I

�EXHIBIT

"2"

�,•

..

...

••

•·" .

VOLUNTARYCO~lPLIANCEPLAN i'llRSUi\NT TO TITLE VI
•t ·.
..,
•
~
,..

--.

..

Of- TIIE CIVIL RIGHTS ACT OF

-

•

l
S-··-

,.

1964

'

LOWELLPUBLIC SCHOOLS, LOl'/ELL• ?-l.\.SS.

FRGGRA:~SFO?. ::,1 UDENTS0~ LI;-HTED E!-:GLIS:i-S?EAK!NG ABILITY

t

•
'I

:

.\
I

..

!.

.....
.

...

.-

l
\

..
f,

t

1

i•
j

:3
~

~

:I
A

~I:

i
....
I\

1
•
,:~

;;

,.l

~-lo\YIS,

1977

�·---······- - ..

•

•

•
,,_

..

..
•

•

of
Identification
Students
District
Dor::ina.nce of. Icicnti

I.

'Pri::;.ary /Iionq
LuJHJU2.&lt;JC of
Dcter~in.J.tion
of L.:1.n~u~qe
f iec.l StuJents
.............
.

t!1c

P.::-oficiency

of 1,a.n0u2.gc
Detcr;71ination
Ident-i~ied
Stu&lt;lcnts.~··············

II.

Instructionc1l

III.

,.,., -i s'n-s~"'~
En •'J--J.

~J~-r

of
• • • • • • •

.·.. •

. .. . •

•

.....•

•

• • •

• •

. . ...

.....I

•

........ -...... •··-· ..........
-.~- .- •.•. ......
.......
--- • • • •
- . -. . . . . . . . . -. .

,_-;
nrr:J
-1
..

District

IV.

•

~

•

Ins ....,....,c.,.' '"'n..,1 r:r-O0r:-nns

v.

•

t,,._,__ lo.4

'-

..:_ \,.,.'

(.1. -

•

In vol vc:·1en i:.

~Y-

V .J..

. . . -- ......• •

....

..... - .

" ..... "'
_,.,._aa.enoa.
VIII.

Ti&lt;n:"")

.l,,..J-~·t,..;

•

•••••••••

-

.....................

-

•••••••••••••

-

•

•

..
..
.,• - ....··-

. -··· .
·:--;

•.;,·

....

- ·---.

,

• •. 7'

..--

•

•

•

•

•
•

•

••
----·-

...

-•.:I••

...

••---••-

•,

�····----

.. ~. LOWELL
PUBLICSCHOOLS
rt.~.

..

-~-

..
'l'hc

identif

L~ng'..lasc

ic.1 tion

of

the

of District

P:: i::1~ry /Eo::-.c

~tudcnts

of Langu~9c

Deter~inntio11

..

..

u~&lt;l tr.c

Dc~in~ncc

.

(us ar,plicahlc}.

OB,TI:CTIV;-;

7o i&lt;lcntify

l:

•

tlist:::-ict

st'..lclents

in

the

acquired

or

ho::1c language

t'.1c nu~hc:::- of

t·:!1cse

fir.st

ot!1cr

is

i~an

r:n0lish.

the
·?ask

i 0
-·

Rcnucst

.:ill

district

lies

::zi::-ii

- -·

•

c:c;·ooi

·with
.-

...,.__
.:.....,
.

.?i..~pendi.:-~ .J\.) c.esigne&lt;l

This

questionnaire

.lanc_::~2.sc) • will
und

..
-.....

stu ..lcnts

to

to

by district
(in

be

will:

c1istr

org;:;.ni7.ccl by ci\ch

the

.

staff.

appropriate

iL-u t.cd,

collcctc&lt;l,

1.&gt;uilc:inc; princip.:il.

- ....

for~nrdc~·hy

..

princi~.:i.1~

!:&gt;v ,;_Lanr:ua&amp;c Su'rVC)'
' .. - ... . ,.._, --

Team •

..

')
Oil,l EC'l'IVE
..
To de tcr.riinc
.
.
lnngu;:igc
of ::;tu&lt;lcnts
in tlic·

from

t!,c

..lo: 115.n.:1!1 t

t.li~ti:ict

!-'~

'i'.:i.sl; 1. 0 ._

.
1.1

f-cnt1.C":it

clcncn

t:1r.v

~

cl.:\:.;!:::-00:-:

~c.,c!ii.:-r-:::;,

�..

.,.
.

,·

• --

....

- ...

✓

honc:::-00.1· Juni~

tr..::icl:cJ:s,

iiir.!·:

rfF

.:1n&lt;l

't...,.

l!i~rh

ho~croo:-:.

to

Sc;-:&lt;Jt.il tcucl:cr.!.i

rc.:~pon&lt;l

for

•

for

the

distribution,

stu(lcnt

c'.l.ntl

collcc~ion,

•

Pz:-incir,;:i.ls

Hill

t:-:cr:.

to

f.or•.-:~.:::-&lt;:.t!lcse::

.L~~guage Survey Team.

•

. .. . ..

•

'
,

....

•
,,.,
.
.1..nc results

of

-------···--·-

·-

-----

the

,., .

~sscssncint

-

':i'o

..J •

for

1 c:.:nrq;,:ioc
..

C.

t.

Sj)C.'.}:

c r.·s ••6 f

t!1.:1n r:nc:;li5~_,.

!iultili1H1,!0l

one

..

l\~:.i-~t

the

inplcnentatio11

.

.:1

.

..

l.:1n0uisc/s

o:::- Hilin0u:!!.,

spcc1.l:in(!
;-,o.::-e tb.~n
C(!Uitl
case ..

1.2

.

i21structio11~l

·-._.
, )1.'= ..-Prcc.:!o.1i:1.-=in

other

..

uocJ.nancc

r.~nnu0n,~

l.:i.nqu.10c

\·ti th

..

·!'::ttt"\;(:V

'.'.',!i1:'\
·-· ---·---

--·-----•·••---

of

i.e.,

in

the

'&lt; ! u .....
.•;tirvcy· _
, c·"
.,..:
t •, ~...•• ~--~----·--•

y ...
,.11ll

..

�·- ...-·-:-·:

....
.,,. .

.

.

....-.........
~---....... ·... ·-.

-· -----·····./·

:-.-· -- -:

.......... -··

-

•"-

•

-··-

.__

•'

,.

•

con!:i:..st oL..

..

·.

Sl)CCi-:.i.lists

lan':Juagc

~

..., . ...

.)··-..

.:i.s ncc&lt;.!c1.l.

•

Subsequent

. ·.•

to the

·validation~

stu2c11ts

·Luu Catcc_;orics
Par en ts

adtlitional

.7\,

cross

,~ill

~c placcJ

!3 or C

·::tccorc.!in~rl:y.

be not if ic.:1 of

,-:°ill

in

t!1i!"&gt;

•

•• __.,, fi;'lsscs s.ient
nroccdu.::-c.
.'
/
~
.• ·,·· .
~L •
r .1.c.J.
• • t:..on
•
_,-...
th a t 1:;11.s
not.:i. • ....
. ./

.

Tests

...

student's

tl1e

under

is

• 1 1
~-1:..._

none/sc~col_co;.~unicntion
for

~nticinatcd
~

•
.:i.ic

l

•
ir.

•

~n&lt;l involvement

inst.::-uctional

&lt;l6vclo?rncnt

cons~tl2=ation
.

. . ..:-: ·Y· ••.

...

It

-__. ,

r;-,~.~~
__,

,,_

.
.
. .
.. ..~. -'"~
~

•

a . Crane Oral language DominanceTest
.
•.·

b.

Dos ~ttigos Language Dcminance

c.

Bilingual Syntax Measure

•.·,.•.cr-;.r
:Ne,.,8(idford:. L_,n\gu·a·gyage
Oomin~nc:e
- .. :·
. . .•
- .
.

-

_..

:other tests :.a_s·-available:

•• ::~; __
·-e·;-

•

1.3

Continue

to

-dcscri!)cd

..

for

utilize

t!1csc

procc,?urcs

i1.1cn t.if ica tio:1

anJ

pl:1cc-

:
...;.

.

.

lT\Cnt of these
. -with

liT".i tcd

stuucnts

nr-.cl :lC\·] arrivals

Enslisl":-s!)c2ikinci

.•
•

..

•

...

ns

�Determination of langu II P_r:.rificiency
f~r

Cornplionce

'I":,
',,-

OBJECTIVE
4: To assess and interpret the
.
Language Proficiency (Listening, Speaking

•

Reading, and Writing) of pupils identified
as monolingual non~English,
predominately
.
. . . ...
non-English and Bilingual (Lau Categories
A, Band C). This process is necessary in
order to prescribe an appropriate instructional

•

program. To accomplish this,

the district

will conduct, mainiain, and raonitor:
Task

An individual diagnos~ic profile of
----.·--... .:__.:,·-·--·coqni
ti ve n2eds for .stuclents i r Lau
2.0

.,

.,.__,
ia::,K

A native language proficier:cy assessment

2.1

·assessf:!ent for students in categorie•s
A, B and C.
Task

Placement of identified

2.2

students at the

appropriate level of the Transiti6nal

-

.

•,.

..

·.,•

Bilingual Education Program at the •
. .. .
Grades ·K-8.Level·. ··. -.
,r•

...

- .. ... . . .
.----•·" -·. . ...·

Task··

\.•;'".·

.

·:.

: .._..

:._.,..,

..•

0

·::

~

•

... , _._. ... -~ .. ...,

-·

-...

.-: ••

.

•

•••··

., •

Pl ~cemJ~·{
:6~f\dehti·f, e·d·students ; n an

2.3

appropriate TBEProgram which will
involve a cluster of teacher~ working with
these students at the High Scf,ool level.
Task

2.4 • Students in Lau Categories.3 and C who

•

are achieving within the ·noi:mal range
in the basic skills
\ mainstreamed.
I

- .. · .

., •• ,.,.

•

in English will be

•.·

�Task

2.5

An instructional

program will then

be provided comparable in scope and
,.

sequence to the program offered to
all students.

INSTRUMEHTS
UHDER
CONSIDERATION
•

Jests which may be used to measure the 1anguage·pr6ficiency
of students and which wi11 be useful in prescribing an appropriate
educational program in~lude the following:

•. 7 ;

1

••

b.
.·..... ;

.· .

c.

California AchievementTest (English/Spanish).

d.

Lcc::11y developed instruments .

c.

C::-:7:~~cic:tests in other la~guaqes to
inc1ude Portugtse and others as needed.

f.

Other tests as av~ilable.
-

4\,

1.;~·-·

.

•,

•

:::·:

. ::-;- . . . .
'

••

,.

:·~

~..:.

. ..

-.

~

:·:-·

•

. ·:

-

..-

. ... ·..

.

.... .__.

··.· :
.';:

- -- ..

.

..

-·

.

.-

�.,,

Instructiona1 Pro9r~ms for _Jdents

("uf Limited En~lish-Speaki~g Abi~·•tY.
Grades K-8
,

OBJECTIVE
5:

Given the diagnostic profi1c

of cognitive needs of students in Lau

Categories A, B and.C, placement will
be in a TCEProgr&amp;mdesigned to meet
their specialized needs.
A Transitional Bilingual
Education Program (TBE) is one in which
moie than one lansuage (in addition to
E;;g1ish) is used for instruction.

Instr.uction

in t~e second language (Engl_ish}will
. · ,.. d deper.G1ng
••
on .....
~r.e
be in~rc~uce
··-'

achievement lev2l equates with monolingual
instruction

in the

pri~~ry language is no longer required.
Criteria

Identified

for Student Selection:

students in Lau Categories
.

.

-:· A, Band C in Grades K-8 wi11 pe

.........
-·

- ........ --~·,
..-

- .-

- ·.·- ..

p1aced"in a TBEProgram as detennined ••
by

.

.

their academic achievement level and

English ~anguage proficiency.
3.1

Upon the completed identificatiori

and

assessment of language dominance,
language proficiency and academic
acl1ievement, the student wi1·1 receive

·--

�.
·..
...
.
.....
rI . .-

&lt;. - . :

.,-

..J

Jnstruction

.v

fro-

bilingual teacher and
...
,.;~

~-=i

addi ti ori«1 l oc«1 s taf·, .
Task

3.2

Students will receive language instruction.
.

in English which will be based on district
,.

performance objectives.

At the same time,

the student will receive primary language
instruction

for concept development which
.

parallels
Task

3.3

.

the English language curriculum.

Students will be placed in a TBEProgram
if their skills

in English are not comparable

to English Monolingual peers and they will
receive concept instruction

in the primary

language.
District

Staff

will coordinate the

.. - :

through individu21ized programing by a

. :·.
'

cooperative planning and teac!1ing design.
,

To monitor the oroaress of the student
•

v

with limited English-speaking ability
after the student has been mainstreamed.
~; ~--~ _· :~.~:-._·,-:_::··•Hiqfi·•school
,, ..
OBJECTIVt
6·:
the identified

population.

To place· the

'i-denti fi ed students in the appropriate program
whicl1 meets their needs.

•

7

�••-••

-

••--••

rr•-••-••

--•

• ,_,.

"

••

,.,.

•

•.-.~~- • ...

••

_;]

-•

•

_,, ___

,.,.

A T~E Pro~::bat :he lligh School

·-1:efini ti on:
...

,

•~-~•-•••

_,r_,,_.

level

./'=~-..

a structured

,_.,,.

, .. ,_

is

language acquis~;ion program designed to

I

teach English to stud~nts whose native language is

..•

other than English.
be utilized

Primary language instructions' ,..,ill

as necessary for concept developm2nt by

bilinqual teaching staff.
Task

Criteria for Student Selection:

3.6

Indentified students

(Lau Categories A, Band C) at the high school level

will be placed in a TBEProgram with district

•

stiff

suppor

to include biling~al ESL, and other subject area
teachers.

It is expected that teachers will assist

students to enter the mainstream and also·to raise
'

~~e~..,, .,

... •

. "- •'
.
;

l

-

• :

ar'n1·evp~
~ lev e ·1 co~parable to their
mono'~ ..,~n..
0

1i~gua1 English peers.
.
•

se 1ected

3.7

Task

..

offered five (5)
of instruction which will enable the student
ta progress in English Language. The stud2nt wi11
e~ter the program at the phase appropriate to his
...

... .

.

. ... -...- . ... .
. . ... . .• .

...

·-

..

~

..

.

-

•
neeas.
Deve1oomen·t· ~ .:·.~_·::. ••••,·•·' -·'·..' •-··',
-··

···-.·:..·_

.• ,.

·-:--:

••~;;···.·..-~-~-.• . • - ::·:-·
-·
:·

Pha~e 1

•

·::··

··:.-··.

f!:-?·-:--·-·

-·- .....:_·-.-...'".

-;--_
...

··:· ..

-e.:.~ -~-

••

-

....- -.._.. .-·-·-.·
.. - ·' •.•
-.·.-._..•__ .

..
..·, --- -~--

l

•I

I
. I
I
I

.•.---

This ·is thi be~i~ning l~vel of ·instruction

·which is designed for those students who ··ha,ve limited knol'1ledgeof English.

•

,•.

Emphasis

is on the development of oral English; syntax
.

.

patterns and introduction to reading;
writing and grammarskills.

l

..

. '

�•
•

'•

Development
This 1s the second level of

Phase 2:
•

Jnstruction t1hich places greater emphasis
on grarrmar, reading, \•1riting and vocabularies building. - Skills stressed- in

writing are dialogue~ description;
_paragraphing and composition. with
emphasis on reading for·comprehension.

•

•

•.

I

•'

,

This is the third 1eve1 of instruction

"''
~nc~ s e 3 :

.

which is desigr.~d-;..forthose· students who

...
I

have limited Englisl1; The areas

still

of study covered in this course
correspond to the Standard

English

turriculum but are presented in a
...

manner comprehensible to·the student
..

.

.

.:~-~~if_\~-:;~·with emphasis on .initial
O

----.•.••~-~:---:

••

...

•·

•

••

..

··•

·•

·-•

W

••

•.,•:•-.

reading
H.~

••

".

••

of-_· ••• ·:.··
+

:•:

•••

•.·•·:··-.·•

---·r•·-. ,_-~--.:rl i tera·ture· ;-vocabu1a ry bui l_ding ,__,_··..c...·
_
..

composition, phonology ·and syntax.
. . . ..,

�.,J

Pha~e 4:

This is the fourth level of instruction

which is designed for those students who are
mainstreamed but need continued expansion of

•

vocabulary in context to increase proficiency

in

the areas of reading comprehension and oral and
written expression.
This is the final level of instraction

Phase 5:

which is designed for those stud2nts who are mair

t

streamed, but need supportive services to reinforce
ora1 language· skills

Courses will be·offered in the primary language of

Task

• s-cu
• ...
r1ents
•
•
t•ne
in
+~ne
.

....
. .

.

. ..

..·. .·

in ccntent areas.

,..

•.

-

follc~-:ing

~o
- oroC!ram~••.
'"
i ,.;l:::.

.

..

.. - .

-··

:&gt;0:1 2. , ::&gt;c1enc~
H- .&lt;.i. -n-a,._;
t'\0. t.,iiC:dt
l,. I

..

CS

Science

.Native Language
Distritt·staff(ESL,

BilingualJand Subject Are~

Teachers) will coordinate the subject area
instruction
. ' . . ..

.:..: : : ~

in the following required.and elective

. inst·r.-uctfonal··a~~a-;•_:·•:·~·.:
;..:. ·.:··~·.-.::·.;,:..·,-.-·.·:,.-:·-;,
·.!· ,.::.

. -·

.

.. ~

;

·

·

:~,...

-·

-

···:".

·.&gt;··_i·
...•...• .-.._ .• ,..:_
0

.....

::.. :&gt;•·_··_-_·.:-::
..:.:·:·.~·~·-·._·

-1•-= .

'.

•
•

.,.,Bu•siness-:.Edticat•ion~.,.,,;.;:.:;;__,,~_,
...s
•
HomeEcono:nics
Industrial Arts·
Physical Education
Art
Music

�_,,.

J

_.,.._

Special Considerution~~-

•

. A. Newarrivals

-

during the school year.

· Thes~ students will be tested to determine.
grade level and proficiency in English.

They

will be placed in the appropriate pro~ram and

receive an individualized

progrum to alloi·t

them to reach the achievement level of those
currecntly in TBE.

(B.All students

in Special Education classes~

/ in Lau categories A, Band C, who placed without
I

~

...

•
i'

testing in.their

native language, will be re-

\ tested, using the appropriate test for their
\,
language.
,..

-

.;...,,!:)_ Y".J..\J

::l - 'r--..
I C...'.:&gt;
jl

:..,,,

-:

;

t.. .. .'

in

th: district

1ar.gu2.ge are

stud~nts will be afforded an individualized
..

..

:

;

.· • .

.

.. ...

•·

.• ·-· . . . . -·~---~
;; .
.

�rl·trict

Staff Training

1,..:

~

To conduct periodic workshops and in-service

Ob.icctive 7:

training for administration and staff to implement the·
compliance plan.
Uponreceipt of HEWfindings, dated 3/17/77, review

Task 4 .O

meetings were held with the Superintendent of Schools,
Central Administration staff and related Program Directors
to decide the composition of the Committee assigned to

•

develop the compliance plan.
Task 4.1

During April , l977 three meetings "Gerehe1d viith Shir 1ey
Munoz,

Consultant, Lau Center,- Columbia Univeisity,

to

outl~ne procedures for dev2ioping the compliance plan.
Task 4.2

1
Durir,g Apr-i1, 1977 the Coi?::
1itt2e

assigned to develop

• •
..
,...t •
r
•
compi;ar.ce
ptan
m~t an~
ararted

Task 4.3.

-•:....'

I

l

! 1 .... _:

:;

,.

1977

~t..--e
~itt:::

,~::ic~~
i., ..... __

,

. ., .
·---t: n ::,. rt to fin~1ize
·-·

~,,"'..;•'".;:,
\ ·,c:
·-·

-

..
, .;a ~ n ce pl an.
tne ,..,..,.,,. \,, ..,ot&gt;,J

•"

: ..

,.,::iV

" ~ t"'"~ ;1r,
17

-:-as'·
' ..,,. .4
(,

Or. •., ...• •
•• , .... V
I.,_,.._;

••

..

'"'1
'1 )

C.

1977 a public pr2sentati on of the plan was

~a~E to the Lowell School Committee.
During June,

meetings \·1ill be held to notify and inform

Principals and Central Office staff of procedures for

-.•·:~,:-::~-.:·;~~-:__
:·th~--~ornp.1
i~~;.2;·~-pl
~~ -~r:c1'-i
.•
ts ";··ub-~e-~~-;-;t-~i
~p,l
~~;Jta
ti. on···-·-·-••=-. •
.

.

.

:

.. .

••

- ;.,.~:.-:·.-,.:,:
•• in pro·g~a~i~-~~&lt;-f~;-~--he--~-t-udent
with limited ·E-~glish
speaking ability.
Task 4.6 •

External resources such as the Boston University
Bi1ingaul Resource &amp;Training Center, National Assessment
and Dissemination Center for Bilingual-Bicultural
Education (Lesley College), The Huitilingual-Hu1ticu1tura1
Resource and Training Center (Providence, Rhode Island)
and Massachuse'tts State Department of Education Northeast

., •••

�---

---------

,,
;
•

•

Task 4.7

I.

---------=---------.

Rt.__
.ional Office \'d1l be uscd::ft help conduct this
f:.~
trF'
~....
ining with other 1oca1 agcnci~0t_

In-service

training will include:

.

A. A selection of staff to receive this training based
on individual responsibilities
B.

and needs.

A stated managementby objectives

system for ·staff

training.which' will improve student performance.

C. Apprpriate use of tests designed to measure student's
achievement in programs adopted for the school district.

D. Training of para-professionals
meeting the instructional

to assist

staff

in

needs of student V1ith limited

,.
spea~1ng
a·b·1·t
1 1 y.

E. Use of periodic f~edback about the programs developed
and imp1ementedso that appropriate modifications
.... . . .,..

.

.
Ail eGpilc.Sl

staff

district
G.

t-,i1

.s

of var-ious

on

\·1ho

can be

he.lp to ir.,plem£:ntthe program.

evaluation of the training provided for its

H. Development of needed curricula.
I. Workshops,
relevant to different

linguistic

groups.

_::.·:.11·~2::~.~
..~-·:::.~L·:·:.:.~·-::1~~,:--s~~/:·:.:-::::.;::::--:
.._·.:~-:
......
-=-·=-=••.::;,_~-~-:-_..~ ;:::
1

'J.
'•

A diagnostic prescriptive

. ---~·i:-···..~-: ... ;:._.:--·:....
·=.--· ~-i_.-,;:a.~·-.::.:.-1',1'

approach to teaching

;·;.:-~"!..· . .;•:. ;.~--.·~·~~.-:;&gt;.,

• ...:.:-:&lt;.:,,_

•

•
•• •

··-

. techniques.

• 13

�. .......-~.....

. ··-·····-· .....

---

··-·

.. -· -

...... -•---·.

·-----·-----

Comn
l~----~
i ;&gt;nee Goi:l
1 f1S: • Gi."lu.:itionof pro9rams for st
_.,

English-speaking &lt;1bility.*
OBJECTIVE
8:

To provide tor an ongo1ng evaluation design

which \·till provide ~pecific data as to the success of
identified

students of limited English-speaking ability.

All identified

Task

students will be tested annually with·

standardized achievefi:ent tests in English now used by
the· district.

This vtill provide data on the cognitive

progress each student bas made in the areas of English
Reading Comprehensionand English Vocabulary Acquisition.
The instruments used in the district

presently are :

A. Ca1ifo:--niaAchievementTest (CAT)

..

. ·.. .·
:...

+.;:~-❖-:
~
1-.1!!
-:,
1

,..1,,...h
=&gt;d"'";'

identified,

.:..•

...
t.1i7i2 cs

• ....,

.a.. '
•
nu~:o~rs ana ~ianqu2ges o t,,,. SI.uaents

•
precise

~:iG

a definitive

t

,_

ne.ve

•

benn

evaluation design cannot be constructed.

..
--::... :_.··_·r~~k· ......
s·;·r-::'.All .identifi·~~i sfudent~-,~ii 1 'be· teste'd ari~ua1ly· w-.f'th.:..tests---·-&lt;··
•

•

-

•

_. ..._. .- .
. ·-·

. ..

►
•
. .·:.~-~:..~·--};,-::
~ ;: r-:-~=---:::·_:
;; :-.-:-:;._~:.
"-;;·-~··;.:._;_
...
.::.
.~.:_; : ::-~·...r:.:..- :::~.:
.

..

•

-·

-

•

-

-

•

•

......... _·:.::..,·.:·.,.in
·their· primary lan-~ti'age·(as ·;denfifie'd- by the language.·.-::·.--,·.
survey and the lan9uage do~inance instrument).

This··

will provide data on the cognitive progress each
.. .

studc11t has made in the basic skil3s areas of Reading
and Mathematics in their appropriate.language •

•

•

A

�\ 1rtrurncnts

are as folloHs:
prr.sently under ~it.,..ration
~
A. P1·uehad2 Lectura (Spanish Reading Comprehension).
~.i::.,

•

n. California /\chiev~ment Test (C/\T).
C. Stanford AchievementTest.

0.

Other commercial tests.

As better and more appropriate instruments are found, they
will be implemented.
• Task

5.2

Data on the numberof stud2nts moving into the English
Language Mainstream will be periodically
... .

eva1uat1:d.
·Task

5.3

compiled and

Hhere predictive data is available to show that stud~nts
identified

can be mainstreamed for either a partial

tiw~ instructional

p,ogra~. participation

or full

in the

.Tran!i~ional Bilingual Education Program will be down phased

or ~is:n~tinued,
pu,pos2s of this plan, are defined as acade~ic achievement
tes~s results indicating that the student is function~ng
.

above the "norm&lt;1l ran~e for the student's
11

and grade placement~ The district

age

routinely will use the

California AchievementTest, and.
...·- .. . : . ·-=·.·- ... --· .....
·..
for this: 1)-urpos.e
~-·.:!:ftiis ':.fnf ormati on ~b·asepro\!i des ·:a· consistent
-appraisal o'f how\·:eli -dis.trict students compare to the •
7

•

0

national averages, and ·enable the district
local comparisons that facilitate
Task

5.4

to make other

educational planning.

C~gnitive assessment in the basic skills

will be made
.
.
continously throu!lh the development and administration
of teacher-made tests in the particular.dominant
l_an~uage.

�r

.~f ')rr:nuni
ty
~

• Comf)liancc·Goal
-·
,

and Parcnta l

OBJECTIVE
9:

Tl1e district

will i~form target pop11lation

.
communityagencies on how they can

parents and interested

help to support educati0nal programs offered.
Task

Parental and Communityinvolvement efforts

6.0

will

speak to:
A. The necessity of reading to the young child.

B. The necessity for consistent discipline.
C. The necessity for encouraging the student to cooperate
with school personnel.
The necessity for understanding and encouraging

D.

compliance with school laws· and regulations .
...
, ~2cess1. t y to
· encourage ana., promo~e
+
'
.,_.
l
:ne
ecuca~1ona

involved in the
prcc~ss of educatio~ at a11 1eveis.
Task

An O:'igoi ng series of Horkshops for ·parental and co,,~.1uni
ty

6. 1

pl2nr.ed for the school year 1977-78
in t~e process of implementing the above efforts.

Task
.. .
.

. .
•··

. . ..

Principals/staff.with

6.2

~entral-Administrati_on-.vli·ll
_no.tify.,,::,·.'·.'
.
. :::; : ..•.• • • . .~ •

•.:,~--·~
·.-•.-~-:·:.:~--.
:-·pa;er.tS;, a.n~~~o~a~fty·_ -of:·-~fl·~-~~~
n~ ~c-ti vi t.i es \~-,.thin each-.··- •••

,-:_ .. :_:·.--:.·.;i-l··.-.-

7

.·..:..-·.'

•

....

: ..

~--

---·-.·:·······-···

. .-·-:·

..

~·

-:·

•

::

•.•

• ..

:

_

school not only through written notices but also through
radio, and ne1·1spapers(including community and church
bulletins)

at the district

level.

__

•••••

�••
•

..
•

•

(

79
78 79
7
78
)cc - June Sept-Ha.r-Junc Sept

77 77
Sept-Nov

..'.!:1cc Coal

- Juno

Sept - Ju."le

..

•••

..

•

of L~ntu~cc Ou~i11:i11cc.

t~:=inJt!on
I'

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o f t h c p r1c.-,.1r;,
r.z,::;z-z o[ D::;::r!ct Stc~rnts
:ind the

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p

80

80

~~~t,

pl~~~i~c.

~c~uisi~icic,

r.~ ♦
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piloting

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78

77

Sept-Hov Dec
.-

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JtUlC

79

79

78

Sept

iScpt-Mar-Junc

80

- June

.

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·2. 4 • Plocc:r:-.e:nL o( bi lin;;u~)
::Lucien tr. in
Lilu CilLCtory A, H, l, C in Li:dnatrc:im.

.

2.S

Dl7:vclop:~c.:nc of instruct.ic;nol

.

-~

D.

.6.

6.

.
prour:,ms.

·.

.. .. .
"

Sept - June

•;,'.';,'.

Plilcc::-:e:nt. of al 1 • :iclc:1ti.f .iccl. stucl(!nts
in apprcprjotc
progro:::$ a~ _;the llir;h
Scho6J. l.c:vc.:l.

2.3

l::,..

-

.

proficic:ncy-'
asscssncnts
bcir.c cone for all
stuc!e:nls in tht! pror;ro::i.
..
Ploccncnt of all i2~nLiticd
students
in .:ippropr ii! tc pro~r.::r:::; n t: 'th~
Ele:::icnf:iry ;ind }:icl&lt;.ll c -Scho~l .,,Level~

2.1

.'~-{\~

•

Indivicuol
dio 6 nostic
?rofilc
of
co;nicive
needs de:v~lopcd fqt·nll
s cuc!c:nts in t.he: pro~::-.J::i.
, ·;

,. 2.0

.

81 •

.

'

Detcrr:iina c.i"on of Languag•·

80

E
~

.. - - - ..

- -- -A
-----

b.
.

.

•,.

,•

.

.

:;

•

.. '

..: • : \•!&gt;~~!1::
;J

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-------

pl~nnir.i 1 ,~;Guisicioni
.
. l
. , ,,._,r
on-tolni 1r:r, c:!e:r.c~c1on.'. :
conitoring,
fc~db~ck points.
De:v~lop~cnt,

..-

•

•

..'

...
' '•':,.

•" .•

-

••

•

�.
'

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•

77 77 77

(

78

78

80
81 •
Sept - Jun

79
80
Sept - June

79

Sept-Nov ~~~ --~-June :Sept-Har-Jun(

Co.11 03
•

I~s~:u:tion,ll

Pro 6:u~s for Students

L::-.i: ~-:! En; 1 i sli-S,;r:,1i:ins

3.()

Ab i 1 i l:,'.

..
I•'

Crite:rI.:i !or Scuc!:nts St'lccr1oni.
fc: I~structicn
.'.lt EluccntJry
a:-.c :-:icdlc

Es:a~lishcd
1.0 - l,J)

of

- -- - --

..

Schc,r.,l l.cvel .ire
(Sc:a as tn~I~

--- D

'.

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,I
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Li

L\

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C.:-·:e:Jop l1:sLrucLit 1 11:tl 0~1j&lt;·ctiv!~::;
C.:,~:-ci:-.:.tc.:! •..·itil Sclioul UisLrict:.'•
..
,
'
Tc D~~~lo~ Curricull1= for n
'7:-~::i:!tio1:~l
Bili:-,bu:ll Et!\lt:,1tion ·i
•'-'.:,•
...

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--6-•-.

'jc,

- - - D:.

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------•---------•·------,-+--3
D..

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• .5

Tc.·

:-:~•~i:.~r Prvirc:ss

'

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of ~l ucr..-r'1l;;

'·'· tnc·- c:~,,·,~·I',,,
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.'.lt l:: 6 h

5'-~ll·c:t·it':t fer·.
School Lc:v-::1 nrc

.

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4
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�79
78
78
Scpt•Nov Dec......
- Jun ( 1Sept-Mar-~une

·11 77

77

-

79

Sept

-

80
June

. 81
Sept Jurre

80

.

.
7
8

9

All students
at the High Sthool
Level Identified
for Instruction.

District
Staff will offer courses r:;,.·,
in Subject Areas for Instruction
•' ·::
(High School Level) and coordinate·'
subject area.
. ..
Special Consideration.(Special
Educ~tion students)
I'

1LJ I.hen less than Twenty Students
in th'e District
of any given
Language are Identified,
theso
Students will be Afforded an
Individualized
Program.

---- ~

•

• ••

•

··--·--- --•

,'

.. ••

6

6
•

.
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78
79
Se.pt-NovDec - Jun JSept-Har-Junc

..

77

80

79
80
Sept - June

81 .

Sept - June

'
•

•
Goal i4
1ancc
•
:r1ct

·!
•'

••:!·

Staff Training
Initial

4,5

- ---

•.: 1

Planning Stages

l l

I

In-service
Plan.

for Staff on Complinn~o

In-service

for Staff.

•

•

'

I

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78
79
77 77. 11
78
Sep t-Nov Dec
. .. .... June JScpt-Mar-Jun,

.: '

Co::;pli~ce Goal #5

.

5.1

•

S.4

.

.....
--.-...

'

District Testing for Identified
Students (Primary Langu;:ige):-/
S.3

•~1,.,-,-u.,

.......
,.....
....----

,..,,,'1'11( ........ ..,.,,,..IIP?IIIY -

---

•

/j

I

Cognitive Assessment with Development
of Teacher-made Tests
!

--

•..•.

D.

- - - - (7:J

1~·

6

.

D ------

~

•
•

•

'

i .

,. . '

- - - - -- •

•

I •

-------LJ

L),

l::J

L)

Examination of Students .
Mainstreamed Using Prcdi~tive
Data for Purpose of
, -:-:
. '.
Hainstreaming
,1

••

•

_ ---·- ----·-. ---A- -L~...- - - - -~- ------Ll

District Testing for Identified
Students (English)
• \.••

' i·

=+,2 &amp;

- June

.

. .' ' i·.

'

Sept
•

•

Evaluation-of Instructional
Programs
For Students of Limited English-speaking
Ability.
:_:::·
5.0

-

80 • 81-.
Sept - June.

80

79

. : ·,
•

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' 78 78
79
77 77 77
Sept-Nov Dec - ,June )Sept-Har-June

• rI

79

80

80

Sept - June , . .

Sept - June

Co:r.pliance Goal ff6
Cor..rnunityand Parental Involvement
6.0

&amp;6.1 Parental and Community:Involvcmcnt

6.2

'
Central Administration/Princip~ls
Notification to Parents and Communlty

------

·•--··--?S,

-

-

r

.
.
-- - - ll - - - - -6.-

-

in \~orkshops.

•
......... - .. ,#---•~

... ,.,_.

·--

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....
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�3

EXHIBIT

"3"

�.-

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Dr. P4trick Mogan
Superintendent
Lovell Public Schools
89 Appleton Street
Lovell,
M.aaaachusetta

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01352

Revi,!v

01-79-5023

?lo.

you t!.,1t t:be Cffic1.1 (or Ci.vil Ri~hta haa CO!l!plct:ea lt11
invcotigatiou
of the l.0.,ell Public School Sy1.1t,~!.11"ud conclude,
th.:.t. it
haa failed
to hlplcroent
the ple.n suhri{tteJ
!or the correcti.or,
of vi.olatic•M
ci.ted by our office
in .H.arc:h 1977.
Tl,c. f11ilure to implement thia plan JU'
.3.greed render• your district
i.n continuing
viotetioo
o! Title: VI of the
Ci.vil Ri&amp;hta Act of 1964 a• it pE:rtaii.•
to n.itic,nal
origin
minority
grou;•

Thi•

vill

notify

.i
'

students.
We appr1tci11te

t 1\at yc,·1 and y&lt;JUI: 11ti.lff ext('.nded to our
in·,cstigators
during
the or.v•ait.e visi•
to your diatr.ict
and by 11ubo.lttin!:
the data v0 needed.
H~ •,11n1t to as11ut !! you t1.nt ve will do any th in rt "10 cnn
to help re1olve
the itteue11 vcl.untaril.y.
I .11n r.,,clo.aing, a r::emor111!U\un
li111·.ing the apeeific
violatic,ns
v1• found -1nd th~ ,t1q.'a
that ttre required
fro:1
the

diatrict

I "iah

for

corrcctio&amp;

to remind you that

programa
mino-rity

u.s.

the coop1~ratioo

that arc
children

I

thf! obligation

nef!ded to extend
waa upheld by the

of school• to provida bi.lingu.11
an equal education
to n11tional origin
Supre.r.e Court

in Lau v._Njcholsa.

.

414

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Please contact
thia offic~
within fifteen
(15) dayd of the receipt of thls
letter
infot"Cing
us of your intontiot16
for corTtH:tinb
the viol'atione.
Failure to ~orrl!lct
the violatione
mJ1y lead to admi.nii1tr.itive
enforcen,:nt.
pro·ceedinK•
aguin,t
tl1e district
and deferral
of Fe&lt;ler~l funda for ~cw educmtioo~l
program• end acci-.,itia,.
•1'
Th• Offi.ce for Civil
Ri~ta
i• alvay, availnble
to p-rovide whnteve.r a1sietanc11 ve c.io to help your dlei:.rict
develop nu. acceptable
r~meJy to the ,i.cu-.:-_ation.: W• believe
it would be tu· th_c boot iateraato
of all parties
if Lhe

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SURN Al'!:

oFriC~

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563 (1974).

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�DEPART

Page 2 - Dr. Patrick

issues

are aettlcd

r

OF

I-IEAL TH.

r::o:.JCATl()N.

WELFARE

A

Hogan, Supe.rintend,.:nt

wtthout

our having

to enforcement

to resort

procedures,

Under tho Freedom of lnformnti~n Act, it lll.llYbe ncceo1nry to release
document and celated
correapoo&lt;lence in response to an inquiry .

this

..

If you have any further que1tions&gt;
Director,
Elementary und Secondary
at (617) 223-6397.

pleooe call Ha. Haria C. Montalvo,
Educ~tion Divi~ion• or Harian Uvang,

..
Sincerely

yourn,

John G. Ryno•
Director
Office for Civil
Region I

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Rights

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Encloaure

cc:

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Official
E&amp;S Reader
JGB Reader.

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}!Huff Reader

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OCR.:E&amp;S:M.HWAUG:EC
11/21/79
(Remington)

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�STATEMENT
OF FINDINGS
BY THE
•

OFFICE FOR CIVIL RIGHTS

DEPARTHENT OF HEALIll,

EDUCATION, AllD WELFARE

LOv.1ELL
MONITORINGREVIEW01-79··5023
Dece.'!!ber 31, 1979

This statement
of findings
is issued as _a result
of an Offi~e fer Civil
Rights (OCR)-initiated
monitoring
review of the Lowell School System
conducted
in June-August
of 1979.
OCR considered
whether the sch0ol system was providing
equal education
opportunities
to national
origin and minority
group students who do not
speak and understand
English pursuant to the legal requirements
of Title
VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and the agreed
upon·voluntary
Compliance Pla~ submitted by the Lowell Public Scl1ool System in response
to an OCR Letter of Finding of non-compliance,
a11d approved
by OCR on September 29, 1977.
The review

considered

student

records,

inter.viewed staff members, and analyzed documents and records.
The Office for Civil Rights also noted r.he
school system's
efforts
to achieve compliance.
Consultants
and a fullti~e·Lau
Coordinator
were hired;
various planning meetings were held;
home language and teacher questionnaires
surveys were completed; partial
language dominance testing
was achieved;
and various-teacher/staff
inservice
and parent/community
workshops were held.
In addition,
new ed··
ucational
alternatives
and programs, not directly
related
to the school
system's
bilingual
education
program, such· as the Magnet School, Hand-:.nHand Program and Language to Share Program were recently
implemented.
However, after
reviewing
and analyzing
the information
provided by the-district,
we have concluded that the Lowell Public School System is in
continuing
violation
of Title VI. of the Civil Rights Act of 1964 as it
peitains
to the provisions
of services
to national
origin minority stu·dents by its failure
to:•
1.

Adequately
of students

2.

Provide and place national
oriciri minority
students
in
appropriate
programs to meet th.:!ir lang•1age an&lt;l educational
needs;
J

assess the langl~ge dominance and proficiency
in their primary langu.1ge and English;

�,,

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as permanent

and

3.

Implement programs wl1ich do net oper~t!
deadend tracks for some students;

4.

Provide progpams designed to meet the special
education
needs of national- origin and minority
students;

5.

Provide instructional
m~terials
and programs designed to
1
ceet student
needs and to establish
Jnifo('!ll criteria
to
measure the progress
of··students
in the bilingual
program;

6.

Implement
to ensure

The following

1.

adequate administrative
and m~nagemcnt controls
implementation
of the compliance plan.

is a report

Failure
ficiency

of our finding~:

to adequately
of students

assess the lan~ua1,e dominance and proin their primar_x language and in En;·lish.

In 1977, the Office for Civil Righ~s found the district
in-non-coupliance
because of its ·failure
to adeq11ately assess a student's
language &lt;lominar1ce
and proficiency
where a student's
home langu,,ge wcss other than English.
In reiponse
to the Office for Civil Rights'
finding,
the school system
formulated
compliance goal nur.\ber one ( 1) which required
that cross-val··
idation
of the Home Language Survey (HLS) and Teacher Questionnaire
(TQ)
with language dominance tests be conducted.
A_scording to its compli?JlSe plE_t, th.c Lowell_J:.ublic School 2Yil_em was t•)
~ave comp 1e ted the fangi.iage
_id_c:_~1
ti f ica t io~1:__0~~!0. -i"nc1u~JCl.~n gyage
dominance te&lt;&gt;ting, by Dri.:e.w.ei: __1.2.]l. _ _let,_.i_~ -·-•-·-the time of _...,.----··----our revie· ..,,
S12ring 1979 \.le f21ill.Uha~_!~school
distr?:_~£_l1!!_~_..QnI~•--t1.;..ng~l:I
.. ac_&lt;:_om1
plished
compliance goal numbt:!r one.
Ey Febr1Jary 1978-, the district
d1ci"
develop,
distribute,
and collect
the home language surveys and teacher
questionnaires.
However, we fo::_nd the: scll.Q.Q.,l_district's
efforts
to administer
language dominance tes_t;_iqg_co students
and the district
rs test1~methods
and procedures
to b_~_in.;;uif,.guate, 1n that, they failed
to
utilize
uniform and consistent
standards.
Not all students
had been tested.
Instead,
we found the sclJ.Q.o.l._.sy.s.c.e~.s
methods and proc~I.es...for_.admi.nis.te.ci.ng_.Llogu-age_.d.u.m.i..n;!n_~e testing
to
be ·random and haphazard 1. with different
tests administered
to stu&lt;fents
within
the same class and with statiscical
inconsistencies
existing
between the number of students
tested ~nd the actual number enrolled.
In SY 1977-1978, new language identification
procedures
were institute&lt;!
throughout
the district
through the use· o( t.he home language survey fo1:in
in eight languages
and teacher questionnaire.
(See attachment
1 for
Summary of Teacher Questionnaire
and Home Lan1;u.:1!;e Survey Results)
According

to the

1

school

system's

description

of language

identificatio~

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procedures,
is spoken,

where both teachers
and parents
inti i.cate that only English
Lau Category Eis assig11ed, and n6 f11rther testing
is required.
All other st~dents
are tentatively
categorized
A through
D, depending on tlie prevalence
of the second language •••
Each student's
achievcr.;ent record is then examined, using
standard
achievement
test scores when available,
and/or
teacher/principal
interviews
for younger students
not yet
tested.
. .. Students achieving
at, or above, system norms
are then considered
not to have any language related
problem and are eliminated
from further
consideration.
Students
not eliminated
either
as mot1olingual English or
as achieving
satisfactorily
are· assumed to h::ivr. a lang1Jag,!
related
deficiency.

Thus,

follow-up

language

dominance

testing

is prescribed.

In January-February,
1979, the Crane Oral Dominance test i~ Po~tuguese/
English and Spanish/English,
and the Bahia Oral Language Test (BOLT) in
Portuguese,
Spanish and English,
were administered
to non-TBE students
in
grades kindergarten
through 11. Language domicance tests in other languages besides
Spanish and Portuguese
1.cre not administered.
(RcfC'i:- to
Attachment
2 for statistical
breakdown of language do□inance te:;::i.ng in
the district)
The BOLT, according
the district,

to the

test

materials

and i.nstructions

provided

by

is a comprehensive
intenuediate
and secondary level
(7th-12th)
English language dominance test th~t
assesses
oral language skills
rangir1g from simple
sentence
patterns
to more complex .. syntactical
forms
of the language.
.,.
These tests
were to have been administered
in 'English as well as the student's
native
language.
However, we found that 35 non-TBE students
in
grades 9-11 were administered
the BOLT in Englisl, only.

We also noted that the BOLT, which is developed for 7th throur,h 12th grade
·· level testing,
was administered
to 269 _fourth, fifth,
and sixth graders.
(Attachment
3) The use of this test fo\ students
in these grade gcoups 1s
not appropriate.
Students
of language groups other than Spanish and Portuguese
in kindergarten through grade 8 had not been tested
for language dominance.
Based
on our comparison of the district's
preliminary
Lau category
assignments
from home language surveys and teocher questi&lt;&gt;nnnires
with the student
suI!II!lary lists
of testing,
there are approxir.iat:ely
158 A-B-C Lau category
students
in kindergarten
through bra&lt;les 8 \;ho need to be given language
dominance tests
in languages other than Spani.:;h and Portuguese.

-3-

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�The Office for Civil Rigl1ts wos infor~cd by a district
official
that most
Greek students
tradition3lly
enter the scl,oal system after attending
the
Hellenic
American School, a private
school for Greek children.
Gre~k is
the fourth most common· l3nguagc group, after En~lish,
Spanish, and Port1Jguese, in the Lowell district.
We were f11rcher informed that bec3use the
Hellenic
American School has an integrated
bilingual
and regular curriculum, most of the entering
students
are proficient
in English and do not
require
the services
of the TBE p_rogr:im. However, we find Lowell_:__~e.::.s_ponse to the bili~gtta1
needs o_f_Gree~_£.bildren Ul.:!~cccpt3ble as a method
or an excuse for assuming and not actually
determini.ni; the student language needs of Greek children.
We note, for instance,
that according to
the prelirainary
cross-referencing
of tl1e t~acher questionnaires
with home
language surveys in January-March,
1978, the district
identified
a total
of 127 Greek children
of whom

10 were monolingual A categ(&gt;ry children;
51 were predominantly
Greek-speaking
or
B category;
35 were equally dominant in Greek and·
English or C category;
a11d
31 were predominantly
Enlish-speaking
or D category.
Based on language dominance te:,ting data provided by the district,
we
know that none of the ~~~___ba.'::! C,3 t.~&lt;?..U:....
Grf.:S-:.k.=
s pea Ising s !,.Ud.ent.s_ha_y_e_been
adequately
tested.
To date, some Greek high sch&lt;.,ol students
were administered the BOLT test in English only but not in Greek.
And, a LAB test was
translated
to Greek, but the test has not yet been adminiGtered.
For students
alread
enrolled
in the TBE p_1:_e:g_ram_,
we found that E._?.E._tial
er orts to administer
l~nguage dominance an~ofici.ency
test.LJ!nd ac~ievement tests
have been made.
Lowell's
TBE program, with a total of 480 students,
of whom 255 are Spanish-speaking,
210 are Portuguese-speaking,
and
15 are from other language groups, in 23 classes
located at 13 schools,
utilized
the Crane and the Language Assessment Battery
(LAB) Te5ts for
language dominance and proficie"(lcy
testing.
In 372 cases,
the LAB wa;
administered
as a pre- and post- test to also serve as an evaluation
measure.
However, the LAB test was not designed to r.erve as an evaluation
measure from which a stl.ldcnt's
progr.ess can \:.e evaluated.
Rather, the LAB
tests,
according
to the L&lt;\B Technic.!\ Manual,
are used to detennine
the "effectiveness"
of a child
in English and Spanish.
A student
is first
assessed
for English competencies
--- and a decision
is m:.1de
as to whetlier he (she) is effective
in English.
The
comparison is against
a monolingual
English-speaking
norm group.
When a child is tested in Spanish, a
decision
is made as to whether tr.e_ student
is "more
effective"
in Spanish than in English.

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Thus, in order to render valid evaluations
progress,
the LAB would.have
to be criterion
poses.
•

and assessn.ents
of student
referenced
for such pur-

For achieven,ent
testing,
the school system utilized
the Co;nprehensive
Test of Basic Skills
(CTBS) and the Brigance Diagnostic
Inventory of
Basic Skills.
In comparing the TBE program enrollment
figures of May, 1979, with the
number of language dominance, proficiency,
and achievement tests administered
during the year, we note that the admiuilltration
of th~_.J:.ests
~as not uniform (re~cr to Attachment 3 .
For instance,
The Crane Oral Dominance Test slat,?d
garteners,
first,
and second graders,
istered
to only 46 out of a possibl~
students.

for. kinderw3s adminpool of 168

- At schools where LAB was administered,
the number
of students
tested was often much higher or loi.;er
than the actual
enrollment
figure.
F1&gt;r cxa,nple,
of 24 first
graders
at the Central Scl1col, only
thre_e Crane tests had been adrnini~.tcred.
And, of
24 seventh and eighth graders &amp;t the Robinson
School, 40 pre- and post- LARS and 16 Crane tests
were administered.
None of the 31 students
enrolled
in bilingual
resource programs were given lang11a~e dominance/proficiency
.tests.
- In most cases,
the total number of ::,tudents taking
the LAB in each class was less th.:in their total
class enrollment.
While high student absenteeism
may have been a factor.
affecting
c\1e school system's
ability
to test,
the school system is still
obligated
•
to test these students.
- Realizing
that daily enro~lments
will fluctuate
and
that the school's
statistics
will have a ~argin of
error,
we fail to understand
how !,O seventh and
eighth grade TBE students
were tiven pre- and postLAB tests when only 24 students
arc in the program.
Similarly,
31 pre- a~d post- tests were administered
at the LeBlanc fifth-sixth
grade TBE program, yet
J
only 21 students
are enrolled .

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�- ~,'hile the school systc:i: aJ1:.iniste:-ecl pre- and postLAB tests
at the majority
of schools,
all classes
at the Ames and a kindcrgcrten
class at the Lee
Elernentaiy
School were only given one LABtest.
Although che school system clai~s to have administered
the Brigance to
students
in grades 2-6, the exact number of students
tested was n~t included in data submitted
by th~.district.
Fcrthennore,
according to the
TBE Director,
not all second graders at the Varnum and Colbur11 Schools
Yere tested.
Concern about the department's
testing
procec!ures,
methods, and needs
were discussed
with school officials
and staff roenbcrs.
We found that
testi~g
delays were sometimes encountered
because of the nu~ber of students in need of testing,
the length oE time required
to ad~inistcr
eac~
test,
the impact of LAU compliance plan, and student absenteeism.
And,
during the past year, the language don,inance tests administered
to nonTBE students
throughout
kindergarten
to grade eleven bad to be aclroinistered by the TBE teacl1ing staff ~hich resulted
i11 the teaching staff's
absence from TBE classes
for several clays.
We w'ere also informed that certain
children,
frequently
at the kindergarten or first
grade level,
couldn't
and need not be tested g[ven the
child's
lack of responsiveness
and age.
Yet, placement decisio~s
regarding the child's
TBE eligibility
and placement were still
bei11g made.
Regardless
?E the schoo_!'s rt:~:~9~f~:.~~
tP-stin_~ ce~in
chil&lt;l:-en 1 it~
is-, nevertheless,
incumtt.en.1:._\JQOn_ib_q
schoo~_.sy~£_cm__f.2~st every child
for language dominance a_;;~_E!:~.E_icic!l~L If the district-:;J;isunable
to
e!1c1t responses
from children
due to theit· reticence,
age or other prc)blems without arranging
for alternative
forr.,s of testing,
the Office for
Civil Rights questions
whether the school system's
testing
methods, practi~es,
and procedures
are effective.

In summary. we found th ..e_.~cbaol system's ~thods
for screening and testi~ students
to be haphazard.
Not all students
were being tested and different
tests were be1n&amp;.-.9.ciwinistered to_~~udentL._within
the same class
group.

...

2.

In 1977,
Erovided
is other

The school district
has failed
to provide and olace national
origin minority
stu&lt;l1?nts in __
:ipprotriate
programs to meet
their
language and educational
ne~:ds.
the Officc_Jo~_S.~~il
appropriate
servjces
than English.

__Rights found th.it the district
h:id not
to Stl!Q;~ts ~Jl(?Se primary or -horiie1ancua;~

To date, the recipient. ..has....still_noLplac.e,Lide.n.tified
and 9.Y..aljfied
s~dents
1.n need of_~ili:t;.G_!-!~l_ins.trl1ction_,i.n a bjli11gual program or i~
equivalent.
Instead,
the recipient
has apparently
~isinterpreted
the

•

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�intent
of the compliance
plan and has been under the impression
placement was not req~ircd
until September, 1980.
The following
number of students
dents who will require
placeracnt

rcprcs~nts
t~c potential
in a TBE pru&amp;:am:

that

pool of stu-

83 who were fully

tested
for l~nguage dominance
and arc considered
only or predominantly
Spanisl1-speaki.ng;

17 tested
for language &lt;lomi.naace and classified
as only ·or predominap~ly Portuguese-speaking;
561 who were tested 3nd considered
and reqt1iring
further
language
testing;
and

"bilingual"
profi.ciency

311 of language groups other than Portuguese
and
Spanish and requiring
complete lang,1age dominance testing;.
14 Spanish and Portuguese
fully tested
in their

students
who were not
home language.

To date, none of the ~gove .§..t_µ~l;.IULJ.lor_tb.e-~~~4_s_r.11dents
who were monolingual
or of very limited
EngJish-fil)_~_eking_11bil_it..Y cited in the 1977
OCRletter
of findings
ha~ be.~11.,__gr.e~or are _scheduled to receive TBE
services
until
Septemb_cr 198Q~ the final implementation
date for the
compliance
plan, its goals, objectives,
:ind tasks.
During the interim
period prior to September 1980, the compliance pl~n i~dicates
that
"development,
planning,
acquisition
and piloting"
will occur, leading
to full implementation.
Yet, little
evidenc~ has been provided to demon!.trate
actual
"development,
planning,
acquisition,
and piloting."
We
believe
these steps are key to any successful
compliance plan ensuring
that unexpected
problems and delays can be accommodated in a reasonable
period of time.
What hou"Sing, staffing,
racilities
and financing
needs will be required
_ to handle the increase
of students
into the program?
How many students
are tentatively
projected
for TBE pl~cement in SY 1980? None of these
concerns had been addressed
at the t:i\ne of t)ur. review.
One school
official
indicated
that of tl1e students
still
needing TBE services,
none
were Spanish or Portuguese-speaking
but.of_otlier
language groups.
The
statement
was later
qualified,
and ~e were referred
to another person
for verification.
However, we know th.it many students,
if not a majority
of them, still
needing TBE services
are Spanish and Portuguese-speakin~.
J

Based on the district
alone, we know that

s partial
completion of language dominance testing
at least 83 students
are either
only or predominantly
1

-•

P• ____

........... --P-.------.-----u•,-··

. r:"Jfl

&gt;4 •91!:'--

l{

Pk1'¥4\P

-

; (J(

EC:

�:

Spanish-speaking
an_d at least a:1other 17 who :ire only or prE:dominantly
Portuguese-speaking
.. These figures do not ir1clude the Lau category C
children
who were tested as bilingual
with E:q•1::.l&lt;lor:iinance in English
and Spanish or PortugueS!!.
(Refer to Attachment 2 indicating
results
of language dominance testing)
If the Lowell Public Sch.;)ol system does not _inj~ncJ to pli!S.J;! these &lt;;:hildun
un t 1. l September 1980 as wa~--~!}dj.&lt;;:atcd ..to the Off ice for Ci vi.l.Jl.i..g.hts , w"_,
fail to see how their i.nit.ial placem~.L in s,~ptember 1980 can rneet thg,
full requirements
of the cornpli!3n~ plan. 1
The three year period 1.•hich the Lowell Public School system has h.:1d to
develop a fully operational
TBE program requires
that key a~pects of the
program be phased in, piloted,
and enacted as soon as possible,
allowing
for ongoing modification
and revision,
but attaining
full compliance by
the end of 3 years.
The timeframes
do not mean t_ha__!:
the s~hoo..!:_s;tstem is pe!"~i.tted a th~
year':'""waitin~ period b~fgre_~_ctual
ta_sks oc&lt;:_~r. The fact th.1t the schoc,1
system has only partially
completed its language identification
tasks in
2 years highlights
the importance and necessity
of careful
planning and
piloting
to fully attain
and inplement each compliance task, goal, and
objective.
However, we believe
that a period of three years is a reasc&gt;nable period of time for developing
a bilingual
education
program to the
point where ii meets all conpliance
standards.
In the case of the Lowell
Public School System, W} are r]9st c~.!lS.~.rne&lt;lnbout the tota],_!_ack of ed··
ucation
opportunities
affcr&lt;led to the 484 students
cited in our 1977
Letter
of Finding who were in_need of bili._1!1;_~~1edu._cation or the.....!QO st1:_dents most recently
tested .'.ls Spanish and Portugucse·dorninant
wbo for ~e
last 2-\ years have not had tne benefit
of at~.J?ilingual
edpcati.on
services
whatsoever.
We are also concerned about the number of maJor tasks which the school
system must now endeavor to undertake within the next school year; completion
of all language dominance and proficiency
testing,
developQent
of individual
cognitive
profiles
on each student,
development of educational
programs coordinated
~itl1 the standard curriculums,
and facilities/
staffing"
budget and placement planning.
All of these tasks roust be
achieved
in the next year.
3.

The district
has failed
to impleme~oli.ci~s
and programs
ensure that bi.lingual
education prot:1r:1ms are not oenaanent
deadend tracks for some students.

which
and

Since the Office for Civil Rights finding in 1977, a review of school
records
indicates
that students
are being n1.:iinstreaoed, 49 in SY 1978-79
and another
74 ib SY 1979-80.
However, an a11alysis of class lists
al:;o
reveals
that at the time of OCR's_monitoring_review
in Hay~_l979, at
least 35 students
not scheduled. for mainst1:eaming had been in the ptO;!I.:i!_m

...

�i

for

3 years

or more:

.
23 students

5 students
5 students
2 students

for 3 years;
for 4 )·ears;
for s years;
for 6 years.

While the Office for Civil Rights recognizes
that in certain
instances
students
will not be able to transfer
from the TBE program into a reg-,
ular program within a three year period,
~ is in~~bent
upon the school
system to establish
procedur.es.. ..for d!?__yelooinp, indiv~ugual
education
programs whi C_.9_1!1~~.t_tl1e.._.s
t.llden t' s__i ~div i&lt;lua l i zed educ a ti..rul.a
l
needs, are coord 1na ted wi t_l}_t\&lt;;_ili_~d:1rd curricula I and ade~illlY
ce.:isure the progress
of stucie~~r,.
These s.teps D.t.~ece~.s..aJ:.;l_j:J) Pn5qre
tba.t:
students
are provided an equal __educationa!_ppportuni.ty,
and place.c.eot ;a
such programs do not beco~~.e...~~~~t
tracks.
However, plans to develop,
acquire
and pilot
individualiz~d
educational
programs with coordinated
curricula
or evaluation
methods and criteria
for measuring student achievement have not yet been developed ·as delineated
in finding number S of ,his
letter.
Thus, until
the Office for Civil Rights re~eives evideni:e that the school
system has developed .. ind i yid~§..1i zed _5!d~t ior~'l..Le!ograms coorciina.te.uj.
th
the standard
curricula
and able to rnea~_.tte_p~..s.s.JU...
its •&gt;turlen.t-s...
,_
we must conclude that ::fics.~-~-t.~1dencs-~re not being provided equ:1..L_ed_ucat1onal opportunities
and will be placelr1n·pennane11t
and dP..a..&lt;.le_nil
tracks
without
the benefit
of .idequai:e education~l
p~ogram opport,Jnities.
4.

The district
the special
students.

has failed
to pravide~rogram
desi~ncd to meet
educ,1tion needs of nat:i.on.:il origin and minoritv

The recipient's
failure
to h~ye bilingu,u staff
able to assess,
evalu1te,
and teach bilingual
~~ec;ja] cducatioo
s ► udrots '-'.:$ also
an area of co·:1cern in our 1977 LOF. While this violation
was not specifically
addre;sed
in the compliance
plan, we note that there are currently
three bilingual
teachers
and a bilingua'l
psychologist
employed on a full-time
basis.
However, none of the ten sp~~al
ed~ion
speech therapi:;ts
nor the
Title
I special
educ~i.on
assistan'ts
are bilingu,11.
Tbus, we have coneluded that bilingu.il
students
are being denied the specialized
services
personnel.
•
/ . of bilingual
In SY 1978-79, 28 students
were enrolled
in the bilingual
sp~cial education program.
Of the 8 bilingual
special
education
student records
selected
for r~view by random sampling methods, we noted that:
- All files
contained
evidence
Educational
Plans and annual

of Individualized
10-12 month reviews;

...
.. .

..
..

�..I.I.

~
//

.. ..

None contained
evidence
ficiency
testing;
None specified
placement;

- Seven files
for annual

the ~ccual

lacked
review;

evidence

d~te of special
of parent

/-

Three files
evaluation

/-

Three files
failed
to specify dates
referral
and PPT meetings occurred;

/rwo

lacked evidence
and placement;

files
lacked evidence
sociocultural
evaluations;
One file

~?f

.

contained

notification

of pare11tal

consent

for

for when initial

of education,

no evidence

education

of testing;

five parent notifications
in the file,
in English and one in Spanish.

psychological,

and
four were

While the district's
creation
of a bilingual
special
education
program
is commendable,
it is still
necessary
that all necessary
pro;:edural
saft:guards and due process requirements
be followed to assure the quality and
~ppropriateness
of a child's
education.
I \

The program's
Title I assistants
are not bilingual
and do not assist
th~
bilingual
special
education
children.
Thus, a qualitative
ciff?rence
in
service has been created
for the national
origin and minority children
'which differs
from special
education
services
offered other children.
Finally,
without proper evaluation
procedures
which mu~jncl11de
l,10.guage dominance and pr9fj.cig_p~yie~_t_ing.
&lt;!P4..Jc~i':_houtmaximum Pc!rticip.r
tion by fully info.oned_p.areD.~$. __in the decision-making
process of &lt;! child..:s
individualized
educatio~~_rog;:~w.e
f_il}_dthed1strlCCTS
b1.l1~l
speci.al
education
to be inat&gt;.Pr~_p_riate.

5.

I '.i I' 'h:
The district
has failed
to ~esign instructional
materials
and '.-v;;"•·"
: , ..1 1/ ~ 1, JI t.
needs and to establish
uniform
programs which meet studc:1ts'
.)
to measure the progress ·of students
in tl1e bilingual
criteria
'1t'{ty.
)//_;/',
q,o:• I) ( )I
/
program.

!

'

LI

.,

In goals 2 and 3 of the plan, the district
indicated
that it would develop 1011
rt••
• •• ;. '·
· individualized
p.,rograms and comparable curricula
based on individual
cog~J..,v
nitive
profiles.
These profiles
would be developed u51.ng the results
of l/irt••ll·i,,_.,;,
tests
for proficiency
and·achievement.
Using these individual
cognitive
profiles,
the district
would place students
in TBE, ESL or in the mainstream.
It would also develop criteria
for evaluating
the students'
progress
in such programs.

-·-

�The effective
implementation
d~te for most of the above activities
and
tasks contained
in compliance goals 2 and 3 is June 1980 with the eKception of the individual
diagnostic
profile ~hich was to have been
comj&gt;leted by June 19i9.
The development of individualized
bilingual
education programs for less than 20 students in other languages is to
be implemented in June 1981.
Prior to the actual implementation
date of each task, the school system,
in accordance with the compliance plan, was to have been working on
"development,
planning,
and acquisition"
steps leading to the implemen- ,
Cation of each goal and task.

I

To date, most of the TBE students were administered
the L~B test- a
language dominance and proficiency
test.·
Nor.e of the non-TBE students
had been tested for language proficiency
which is scheduled for SY 19791980.

Io regards

to the "dev~_lopment, planning

and ~1cg~isition"
c,f individualiz __
ed cognitive
profile.s_.IlQn=I~.~-stude_!!t
pla~_r~~t in TBE and indlvidual:_
i~ed education
programs, the di_stric_L~&lt;i!S un&lt;!J)!~~QJrovide
any substant lVe
evidence of such efforts
lead;ne to tbe developm~nt and· acquisition
ai
plans tor achieving
these goat$ ...... For instanca,
projections
as to the
nu.-aber of new TBE students,
staffing
needs, classroom needs and availability,
monetary considerations
had not yet been considered;
nor had
the use of evaluation
measures and criteria
for the purpose of developing
individualized
diagnostic
profiles
and individualized
biling11al educaticn
program been developed.
With regard to the coordination
of tl1e TBE curricula
materials
and inI
struction
with the regular program s, we learne&lt;l thac· such coordination
occurs on an informal basis to the extent that each teacher may or may
not make the individual
effort
to work joincly with regular curriculum
te~chers,
and to the extent that the TBE an&lt;l regular classes at a comparable grade are colloc~ted.
We know, however, that not all TBE classas
are located within the same area as a compa~ablc regular class, and th~t
plans for developing
policies,
guidelines
and implementation
of a coordinated curricula
have not been established.
While it.may be true tha~somc of the reading progr~ms presently
in use
in the TBE program are comparable to those used by regular classroom
- teachers,
it is not sufficienc
to prepare these students
in all areas
of the curriculum
and ease their transfer
i11to regular classes.
Methods
for outlining
and monitoring specific
classroom goals and objectives,
and
specification
of particular
curricula
materials
and progress timetables
need to be defined.
Of 480 students
enrolled
in the TBE program, 372 were administered
the
pre- and post- LAB and 82·were administered
the Comprehensive Test of
Basic Skills
(CTBS) to measure the progress
of students in the TBE program. (Refer to Attachment 3) However, as we have already noted, the

-11-

�During the course of. th~ revie·.;, \Je learned ·that testing delays are
sometimes encountered
&amp;,iven the number of student~ in need of testing,
the length of time required
to ad1~inister each test, impact of Lau
compliance,
and student absenteeism.
D:r:-:ing the past year, the lar.guage dominance tests administered
to non-TBE students
throughout grades
kindergarten
to eleven h3d to be .:idrninistcred by the TBE teaching staff
which resulted
in the teaching staff's
absence from TBE classes for
several
days.
Given the number of students
presently
enrolled
in the TBE program who,
were not all tested in SY 1978-79; the need to administer
on-going language dominance and proficiency
tests to newcomers; the potential
increase in the number of students who 1.ilt b~ enrolled
in the TBE program; and the need to conduct ongoing testing
to measure student performance within the program, we fail t.) see how one person will be capable of handling
all of the sch-001·-sysEem+strilingua1tescinLn..~ed~n
the district
when he1s·unaoTecodo
S&lt;?_!l.9.W
..
We al~o noted that during the SY 1978-79, most of the Lau coordinator's
time had been devoted to the cross-referencing
of home_language surveys
and teacher questionnaires
and scheduling oi language dominance tests.
Thus, she had been unable to devote more of her time and energies to the
planning and development of other compliance goals in conjunction
with
the TBE department.
While we were cognizant
of the cooperative
efforts
~hich had occurred
between the TBE department,
the TBE director,
and the Lau coordinator,
w-e did note a lack of coordination
between the roles and responsibilities
of the Lau coordinator
and TBE director.
On occasion,
responses to
Office for Civil Rights'
questions
were contradictory
or left unanswered,
and had to be referred
to other persons.

****************
Sffifr1ARY
Tb,_eLowell School System's efforts
Education Program consistenc-w'ith
ciat1ngly
slow and fragmented.

,
to devel.2.2 a transitional
the complia~-plannave

Bilingual
been excru-·

.

1.

For children
cited in 1977 as ~ceding TBE services,
,,c note that only
partial
language dominance testing
has occurred.
No efforts
to administer
language proficiency
tests,- nor to place these students on
even a temporary basis have been made.

2.

For students
already in the TBE program, cany have not been adequtely
tested,
ana individualized
TBE programs coordinated
with the ccr.nparable regular classroom curriculum
have not been developed .

I

I
•

l,_

�~·:.&gt;~.\

' _, • •..........--~ ....
'

'

L....

.....

Surraner of 1975, a ·copy of the "Task Force Findings Specifying Remedies
Available
for Eliminating
Past Educational Practices
Ruled Unlawful under
Lau v. Nichols".
This is a set of guidelines
approved by the Department
for achieving compliance with Title VI.
Remedial Action

\J\)" J

Compliance with Title VI of the Civil Rights Act of 1964 and the "Volun' l
tary Compliance Plan" is sought by informal means whenever possible.
'we, ')\)
therefore,
solicit
your cooperation
in t~king remedial action responsive
to the findings of this memorandum. To this end, within fifteen
(15) days
of the receipt
of this letter,
the Low~ll Public School Syscem should submit to this office,
a revised plan for corrective
action and a timetable
for its implementation.
The revised plan should reflect
the following
actions:
1.

Immediate placement of all A-B Lau category
programs pending final language proficiency
evaluation
on a first priority
basis.

2.

Immediate language proficiency
testing of all "C" category
children
and.their
subsequent placement into appropriate
bilingual
or standard curriculum programs as needed on a second

priority

children into TBE
testing ·a~d full

basis.

3.

Upon ·completion of steps 1 and 2, the completion of language
dominance and proficiency
testing of both TBE and non-TBE
students.
As students are identified
as eligible
and in need
of TBE services,
placement will be effected
immediately.

4.

Specific
steps to ensure that adequate "development, planning,
acquisition
and piloting"
efforts
are made prior to implementation of each compliance. objective,
goal and task.

s.

The submittal
of all committee recor:imcndations to Office
Civil Rights to be completed and submttted within thirty
days of receipt
ofi. this letter.

for
(30)

6.

The submittal
of quarterly
compliance reports delineating
status of each _compliance goal, objective
and task.

the

We wish to assure you of our full cooperation
to the Lowell Public School
System in the resol~tion
of this complaint.
In the event this matter cannot be resolved by informal means within forty-·five
(45) days from the
date of this letter,
formal enforcement action may be initiated
by con:menceroent of administtrative
proceedings or by means authorized by law.

..
.....'

.

.

�/

..........
. ' ..

(

Attachment

3

..
.
..........
..... . . .
.. . ...

TBE STUDENTSTESTED IN SY 1978-79

SCHOOL

GRADE

Ames
Ames
Central
Colburn
Colburn
Bartlett
Bartlett
Green
Lee
Lee
Leblanc
Malloy
Robinson
Robinson

Kdg.
1st
1st
2nd
4th
4-6
7-8
2-3
Kdg.
3

5-6
1
7-8

Jr.High
Res.

Rogers
Rogers
Rogers
Rogers
Rogers
Shaughnessy
Varnum
Varnum
Lowell High

,3

4
5-6
7-8

Elem.Res.
SST
1-2
P-R
9-12

NO.
TBE
..
STUDt"NTS
27
23
24
24
20
17
14

18
25
15
21
15
24
12
28
15
23
26
1l
8
24
6
46
466

....... ..
······
.... ••
..
,.....
······
...
······
.....•
...
. ... ·:
.. ... .
..........
... . .

PRE

POST
CAAUE CTBS BRIGANCE*

LAB

LAB

13
6

-o-or
-o-

24
15
3

24
20
28
17
22

4

-o-0-

-o-0-

-o-o20

-o-

:-0-0-

22
31
17
40

-o-o-o. -o-o-o-

-o-

-0-

27
16
24
19

-o-o-

-o-o-

-0-

.25

-o-

-o-

-0-

40

39

372

-o-0-

-o-o-o-o-o4

-o-o-o-o-o-o. -o-

-o-

-o-o-o-o-

-o-

-0-

-o-o-o-o-o'•6

3

-o9
6

-o16
10

-o-

6•
7
-0-

-o-

-o-o-o-o-o-o-o-o-o-o-o-o-o-

......

•

. ..

;

j

:. . . If
........

-o-o-o-0-0··

-0-

-:-8-0-

-o-o-o-

21

-0-

82

0

:

..

.....

*Brigance·was
administered~to
grades 2-6, but records were not available .
.. According to Mrs. O'Donnell,
"not all second graders at the Varnum and
Colburn Schools were tested",
nor wer; the st~1dcnts in the Bilingual
Special Needs Resource Rooms.

- ..

,.:,

.

':"

-~o!Dlt,i-.&lt;tt~~

•
.. -··· ~--

J

..
..
......
, .. .
. .......

�EXHIBIT

"4"

�LOWELLPUBLICSCHOOLSLOWELL, MASSACHUSETTS01852
SCHOOL DEPARTMENT

SUPERINTENDENT'SOFFICE

~~~
-

DR. PA TRICK J. MOGAN
Superintendent

89 APPLETON STREET
Telephone 459-n65

April

22, 1980

Maria Montalvo, Director
Elementary and Secondary Branch
U.S. Office for Civil Rights - Region I
140 Federal Street
Boston, Massachusetts
02110
Dear Maria,
Enclosed,
please find two copies of the Lowell Public Schools
revised
Lau Compliance Plan, incorporating
the recommendations
made by your office.
.I

-

I believe
that we are now in compliance with the requirements
of the Civil Rights Act of 1964 and the Lau vs Nichols decision
of the U.S .. Supreme Court,· and look forward to· our being granted
the waiver of ineligibility
requested
in January.
I am particularly
grateful
for the assistance
provided by you
and your staff,
and look to a continued
cordial
and cooperative
working relationship
between the Lowell Public Schools and the
U.S. Office for Civil Rights.
Thank you again.
Sincerely,

7c-Patrick
J. Mogan,
Superintendent

PJM:111
Enc.

..

�VOLUNTARY
COMPLIANCE
PLANPURSUANT
TO TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964

.-..

LOWELLPUBLIC SCHOOLS,LOWELL,MASS.
PROGRAMS
FOR STUDENTSOF LIMITED ENGLISH-SPEAKING
ABILITY

. Revised April,

1980

�TABLE OF CONTENTS
Pages
I.
II.

III.

Statement

1

of Responsibility

Lau Compliance Advisory
A. Establishment
B. Training
and Duties

3 - 5

Identification
of Primary/Home Language
A. Classroom Language Survey
B. Home Language Survey
C. Primary Language Cross Validation

IV.

6 - 7

Assessment of Language Dominance
A. Testing
B. Categorization
C. Evaluator
Qualifications

V _- Assessment of LanroJ.ai\;e Proficiency
A. Primary Language Testing
B. English Language Testing
c. Evaluator Qualifications
VI.

VII.

•
of Aca::: :nic Achievement

Assessment
A. Assessment in ~he Primary
B. Assessment in English
C. Evaluator
Qualifications
D. Student Profiles

3

2 -

Team

8

-

9

9

-

11

Language

Placement of Students
in Appropriate
A. Lau Category A and B Students
1, Elementary
Students
(K-8)
a.
20 or more students
b. Fewer than 20 students
2. Secondary Students
a.
20 or more students
b.
Fewer than 20 students
3. Curriculum
B.

Lau Category

C.

Exit

D.

Placement of .Students
in Special
l.
Special Education
2. Title I
3. Talented and Gifted
4. Magnet Schools

Programs

12 - 22

C Students

Criteria
Programs

- ---·· - -·--··· ---· -···-·-. ---··---

----------·

�TABLE OF CONTENTS
Pages
(

VIII.

Staff Development
A. Inventory
of Present Staff
B. Needs Assessment
C. Basis on Which Future Staff

22 - 26

Will Be Provided

IX.

Parent Notifications
and Communications
A. Parent Notifications
B. Parent/School
Communications

X.

Evaluation
A. Process Evaluation
1. Office for Civil Rights Reports
2. Matrix for Compliance
B. Product Evaluation
1. Parent Questionnaire
2. Classroom Teacher Questionnaire
3. Guidance Counselor Questionnaire
4. Facilities
Review

XI.

26 - 27

Appendices
A.
B.
C.
D.
El
E2
F.
G.
H.

Statement of Non-Discrimination
Lau Compliance Advisory Team
Classroom Language Survey Form
Home Language Survey Form
Language Survey Comparison Procedures
Procedures
for Converting BINL Scores
Student Categorization
Form
Basic Inventory
of Natural Language (BINL)
Bilingual
Students Testing-Tutoring
Project

27 - 29

�I.

Statement

of Responsibility

The Lowell Public School Department is committed to providing
equal educational
opportunities
to all children
in the district
(Appendix A) and the activities
set forth in this compliance
plan are de signed to insure that thes·e opportunities
are
provided in an equitable
and a timely manner.
Although the responsibility
for meeting the requirements
of
the Civil Rights Act of 1964 and the Lau vs Nichols decision
of the U.S. Supreme Court rests with the Lowell School
Committee and the Superintendent
of Schools, specific
activities
of the compliance process are delegated
to particular
positions
within the Lowell School Department.
Where responsibility

for fulfilling
any objective
in the
Voluntary Compliance Plan is designated
to a particular
position,
the person holding that position
and exercising
responsibility
shall do so under and subject to the authority
and supervision
of the Superintendent
of Schools.
A responsibility
assigned
to any person or position
may be transferred
to any other person or position
by the Superintendent
in the
best interest
o! the Lowell School Department.
The Lowell School Department has provided a full-time
person
to coordinate
the implementation
of the Lau Compliance Plan.
The Supervisor
of Tra··. i tio~al Bilingual
Education will supervise this person,
Some of the responsibilities
of this person are,
1. To coordinate
the entire
implementation
of the Lau Plan.
2. To ac·t as liaison
between the Lowell School Department
and the U.S. Office for Civil Rights.
J. ~o :monitor and act as liaison between persons responsi-ble for the implementation
of the various objectives.
4. To prepare necessary
reports
for the OCR, the School
Committee and the Superintendent
of Schools.
5. To act as informational
liaison
between the community
and the Lowell School Department.
6. To maintain and update necessary documentation.
7. To submit requests for necessary staff, materials,
and services.
Notwithstanding
implementation
Super~ntendent

the above, the final
of the Lau Compliance
of Schools.

responsibility
for the
Plan rests with the

�2

. TI.

Lau Compliance

Advisory

Team

OBJECTIVE:
To re-organize
the system-wide Lau _Compliance Advisory Team
to advise the Superintendent
of Schools on the implementation
-of the Lau Compliance Plan and to insure that bilingual
students
(both TBE and mainstream) are considered
and involved
in all planning activities,
changes, and new initiatives
in
the school system.
Responsibility,

A.

Superintendent

of Schools

Establishment,
Procedure a
The Superintendent
of Schools has appointed a Lau Compliance
Team which includes,
but is not limited to1 (Appendix B)
Lowell Public Schools Project Director
Lowell Teachers Organization
Representative
Lowell Masters Association
Representative
Superintendent's
designated
liaison
School Committee Representative
Teacher Corps Representative
Citywide Parent r~oups Representative(s)
Master PAC Repre:~ntative(s)
Demographics (Housing).Committee
chairman
TBE Program Supervisor
TBE T_eacher Representative
TBE Guidance Counselor
Director-of
Special Education or designee
Directqr
of Title I
Director
of Federal Programs or designee
Lau Compliance Coordinator

....,

or designee

These members will be appointed by the Superintendent
on
June l of each year to serve for a one year term.
The
Superintendent
will also appoint one of the members to
act as chairperson.
This chairperson
will be bilingual
and will convene a meeting at least once a month excluding
July and August.·
Any future changes in the representation
of the Lau Compliance Advisory Team will take into consideration the needed input from the various elements of the
school and community.
B.

Training
and Duties,
Procedure,
• The Lau Compliance Coordinator
will conduct. training
sessions
as necessary
to insure that the Lau Compliance Advisory Team
understands
its role and is able to perform it.
The Lau
Compliance Advisory 1eam will study the content and time-line
of this Plan to insure that implementation
is proceeding
according
to the schedule.
The Lau Compliance Advisory Team

�-

J

will also receive
suggestions
and compla.s
from parents.
students,
staff,
and community regarding
instances
of
non-compliance
of the Plan, and direct
these to the
attention
of the Superintendent,
accompanied by suggestions
for improvement of implementation.
The Lau Compliance
Advisory Team shall act as the first
step in the process
of mediation
if, and/or when disagreements
regarding
implementation
arise.

III.

Identification
A.

Classroom

of Primary
Language

Home Language

Survey

OBJECTIVE,
To identify,
through the use of a Classroom Language Survey,
all students
in the Lowell Public Schools who speak a
language other than English.
Responsibility:

Lau Compliance

Coordinator

Procedure:

I.

In January;
1978 and April, 1980, the Superintendent
of
Schools,
with the assistance
of the Lau Compliance Coordinator and members of the Lau Compliance Team, conducted
orientation
sessions
for building
administrators
to inform
them of the purpose and procedures
to be followed in the
administration
of the Classroom Language Survey forms.
Follow-up sessions
are held each September to update
inforil'.!_ation on current. compliance procedures.
These
admin~strators
then inform all classroom teachers
of the
purpose of the forms and procedures
to be followed.
The Classroom Language Survey forms are given to every
class~6om teacher at the beginning of each school year,
completed and returned
to the building
administrators
within one week.
From 1978 to 1980 1 these forms included
all students
in the district,
and were submitted to the
Lau Compliance Coordinator
by October 1. Beginning in
September, 1980, Classroom Language Survey forms will
include all students
newly-enrolled
in the district,
and
will be forwarded to the Lau Compliance Coordinator
within ten days of registration.
This same procedure
will be followed for all students
who enroll
from outside
the district
at any time during the school year, so that
all new sturlents eligible
for services
under Lau are
identified
immediately.
·(Appendix C)

�B.

Horne Language

4

-

Survey

OBJECTIVEi
To identify,
through the use of a Horne Language Survey form,
the primary home language of all students
in the Lowell
Public Schools.
Responsibility:
Lau Compliance Coordinator
Procedure:
A Horne Language Survey form was developed and translated
into
eight languages
(English,
Spanish,
Portuguese,
Greek, Polish,
French, Arabic,
and Chinese)
and sent to every student
in the
school district.
Each section
of the survey includes
a brief
explanatory
message from the Superintendent
of Schools.
(Appendix
D)

In January,
1978, building
administrators
attended
an orientation
session
to inform them of the purpose and procedures
to be
followed
in the distribution
of the forms.
These administrators
then informed all classroom
teachers
of the purpose and procedures to be followed.
14,000 Home Language Survey forms were
distributed
to all students
then in the district,
to be filled
out by their
parents
and returned.
On the elementary
level,
a
return
of 98. 5% was achieved.
On the secondary level·, after
an
initial
return
of approximately
80%, students
were allowed to
fill
in the information
requested,
and the response
then
reached over 97%, Cf those not returned,
a number were those
of students
alread:.
identified
and being serviced
by the
Transitional
Bilinf~al
Education
program.
Follow-up forms were
sent out to other s~udent~ to obtain-information,
especially
where Classroom Language Surveys indicated
the existence
of a
primary language other than English.
Students
entering
the Lowell Public Schools are enrolled
in their
neighborhood
school by the school administrator.
Parents who wish
their
children
to be enrolled
in the Transitional
Bilingual
Education
Program
do so through the TBE office.
In either
case,
interpreters
are available
for parents
who do not speak English.
Parents
must provide birth
records,
immunization
records,
emergency procedure
information,
and academic records
from former
schools.
In addition,
since September,
1978, all parents of
newly-enrolled
students
are required
to fill
out a Horne Language
Survey form. (Appendix D) This form and the Classroom Language
Survey form (Section
III-A) are forwarded to the Lau Compliance
Coordinator
within two weeks of enrolment,
for cross-validation
of information.
The same procedures
apply for all students,
regardless
of origin
or linguistic
background.

c.

Primary

Language

Cross-Validation

OBJECTIVE:
To cross-validate
-the primary
Lowell Public Schools.

language

...

of all

students

1n the

•
-

-------••

-• - -•,.·-•••-----r--....--.--~

�5
Responsibility:
Procedure

one:

Lau Compliance Coordinator
Cross-Referencing

The Lau Compliance Coordinator
has cross-referenced
the
responses
of the Home Language and Classroom Language
Surveys distributed
between January, 1978 and March, 1980.
This cross-validation
will continue as part of the Lau
Compliance Coordinator's
duties.
This cross-referencing
procedure
identifies
students
in the Lowell Public Schools
who speak a language other than English,
and the language
that they speak.
The list
of these students
comprises
a part of the permanent files
and records kept and updated
as necessary
by the Lau Compliance Coordinator.
The crossreferencing
and comparison procedures
are shown on Appendix
El, and provide initial
Lau Categories:

A B
C
D
E
Procedure

Monolingual non-English
•
Predominantly
non-English
Bilingual
Predominantly
English
Monolingual English

two:

a.

Students
who are clearly
Classroom Language Suryey
Survey as Lau Category E
no further
consideration
plan.

identified
by both the
and the Home Language
students will need
for the purposes of this

b.

Students
clearly
identified
by both the Classroom
Language Survey and the Home Language Survey as Lau
Category A students
will be referred
for language
proficiency
testing
in the primary language.

c.

For remaining students
whose primary language is not
clearly
identified
through the Home and Classroom
Language Surveys, a language dominance test (BINL)
will be administered.
If tests are not available
in
a specific
language,
the Lau Compliance Coordinator
will arrange an interview
with the student by a person
fluent in the primary language.
(University
of Lowell
personnel
and students,
or members of the International
Institute
may be employed for this purpose.)
Interviews
will be standardized
across the district
and will be
age and grade appropriate.
The results
of the language
dominance tests
and/or interviews
will be incorporated
into the primary language cross-validation
form, thus
providing
the Lau Category.
(Appendix F) This crossvalidation
process,
including
language dominance testing
when necessary,
will be completed within one month of
the receipt
of the Home and Classroom Language survey forms.

�6

IV.

Assessment
A.

of Language

Dominance

Testing
OBJECTIVE:
To determine
the language dominance of students
in the
Lowell Public Schools who speak a language other than
English.
Responsibility:

Lau Compliance

Coordinator

Procedure:
From September,
1978 to May, 1980, the Lowell School
Department
utilized
the Crane Oral Language Dominance
Test and the Bahia Oral Language Test (BOLT) to
determine
language dominance of bilingual
students.
Beginning in September,
1980, the Basic Inventory
of
Natural
Language (BINL) will be used for this purpose.
(Appendix G) It will be administered
in accordance
with the manual of instructions
for the pr~paration
of
students
and ~est administrators.
The test will be
administerec•Jy
persons fluent
in the appropriate
language and in English
if necessary,
and trained
in
the proper administration
of the test.
The testing
will
take place at the school of the student,
during school
hours.
The BINL will be used to test for language
dominance in Spanish,
Portuguese,
and Greek.
For those students
whose primary language is other
than these three,
the Lau Compliance Coordinator
will
arrange
an interview
with the student by an interviewer
proficient
in the primary language.
The interview
will
incorporate
selected
items from the BINL.
All dominance testing
of students
currently
in the Lowell
Public Schools will be completed by the end of May, 1980.
However, the Superintendent
of Schools and individual
parents
have the right
to request
re-testing
of a child
in accordance
with all appropriate
legal requirements.
B,

Categorization
OBJECTIVE:
To determine
the distribution
of all students
in the
Lowell Public Schools in the Lau Categories
A,B,C,D,
E as to language dominance.
Responsibility:

Lau Compliance

Coordinator

and

�7
Procedure:
In accordance with previously-established
procedure,
students
will be placed into appropriate
Lau Categories.
The procedure
for converting
BINL scores into appropriate
Lau Categories
is attached,
(Appendix E2 ) The Lau
Categories
signify
the following:
A - Monolingual
exclusively

non-English.
Students who speak
a language other than English.

B - Predominantly
non-English.
Students who have
some understanding
of and speaking ability
in
English,
but whose ability
to communicate is
mostly in a language other than English.
C - Bilingual.
Students who are able to communicate
equally well in English and in another language.
D - Predominantly
English,
Students who are able
to communicate in another language,
but for
whom English is the predominant
language ..
E - Monolingual
excli;•~vely

.

English,

Students

who speak English

•

C.

Categorizatiun
of all cm-rent. students
will be completed
by September l, 1980, and will continue on an ongoing basis
for all new students,
within seven(?) weeks of registration.
Evaluator
Qualifications
OBJECTIVE:
To train
staff
Basic Inventory
Responsibility:

in the proper administration
of Natural Language (BINL).
Lau Compliance

of the

Coordinator

Procedure:
On May 8, 1980, Dr. Charles Herbert,
author of the
BINL will be in Lowell to train personnel
in the proper
administration
of the BINL.
A core team consisting
of bilingual
teachers
from the
Transitional
Bilingual
Education Program, bilingual
specialists,
and bilingual
and English testers
employed
under the Lowell Tutoring-Testing
Project
will be
available
for this training
session.
Also invited
will
be professional
personnel
from the University
of Lowell
and other institutions
of higher learning.
Further
training
and review will be arranged as needed to
implement the BINL testing
program.

�8

V.

Assessment
A,

Primary

of Language Proficiency
Language Testing

OBJECTIVE:
To assess students
in Lau Categories
A,B, and, if
appropriate,
C, for primary language proficiency
within twenty school days of completion of dominance
testing,
Responsibility:

Lau Compliance

Coordinator

Procedure:
Oral proficiency
of students who speak Spanish, Portuguese,
Greek, as well as other languages,
will be determined
from the fluency and complexity scores of the BINL.
Reading proficiency
in Spanish, Portuguese,
and Greek
will be measured through native language_CLOZE tests,
using age and grade appropriate
selections.
These
tests will be administered
by bilingual
teachers
or
testers
who speak the student's
primary language.
For students
who speak languages other than those
mentioned above, reading proficiency
will be measured
through an Informal Reading Inventory
(I.R,I.)
B,

English

Language Testing

OBJECTIVE:
To assess students
in Lau Category C for English
language proficiency
by October 31 of each year.
Responsibility:

Lau Compliance

Coordinator

Procedure:
Oral proficiency
in English
will
the fluency and complexity
scores
elementary
and secondary students.

be determined from
of the BINL, for

Reading proficiency
in English will be measured through
the ICRT (Criterion
Referenced Reading Test) or an
equivalent
test.
This is the measurement instrument
currently
being administered
in the district.
The
test will be administere·d
by the classroom teacher
in the standard curriculum
classes
and by the ESL
teacher
if the student is in the bilingual
program.
Any equivalent
test utilized
would be one which is also
utilized
by the district.

-

�9

Reading proficiency
in English for students
in Grades
9-12 will be measured with the ICRT or an equivalent
test.
The test will be administered
by the English
teacher
in the standard curriculum
classes
and by an
ESL teacher
in the bilingual
program.
An equivalent
test would be one which is also utilized
district-wide.
Where language proficiency
test results
in English are
inconclusive,
Lau Category C students will be tested
for primary language proficiency.
•
C.

Test

Acquisition

and Evaluator

Qualifications

OBJECTIVE:
To secure primary language CLOZE and I.R.I.
tests
and a formalized
reading evaluation
form, and to
trairi staff
in the administration
of these tests,
~swell
as the ICRT and other appropriate
tests.
Responsibility:

Supervisor

of TBE Program

Procedure:
•

CLOZE and I.: I. tests
in the various appropriate
languages
and a formalized
reading evaluation
form
will be secured under the leadership
of the Supervisor
of the TBE Program by September 30, 1980.
Prior to
the actual test date, appropriate
training
will be
proviaed
to all personnel,
including
classroom teachers,
who will be administering
any of these tests.
VI.

Assessment
A.

of Academic Achievement

Assessment

in the Primary

Language

OBJECTIVE:
To assess students
in Lau Categories
achievement
in the primary language.
Responsibility:
Procedure

one:

Supervisor

A and B for academic

of the TBE Program

Math

Students will be tested for math skills
by bilingual
teachers
in the students'
primary language by January Jl,
1981.
The WRAT(Wide Range Achievement Test, math
component) or another appropriate
test will be used.
Instructions
will be translated
into the appropriate
language(s).
New students
will be administered
the
WRAT- math component, within one month of categorization
as A or B students.

�10

Procedure

two: Reading

Students will be tested for reading skills
by bilingual
teachers
in the students'
primary language by January
Jl, 1981.
The CLOZEprocedures
or the I.R.I.
will be
used to determine whether or not a student is reading
at grade level.
New students
will be tested
for reading
skills
within one month of categorization
as A or B students.
~he determination
of reading below grade level will
be defined as scoring one or more standard deviations
below the norm.
B.

Assessment

in English

OBJECTIVE:
To assess students
in Lau Category
achievement
in English.
Responsibility:

Lau Compliance

C for academic

Coordinator

Procedure:
In October of each year, students
in Lau Category C
will be administered
the I.C.R.T.
This is the test
currently
being administered
to monolingual English
students
in the Lowell Public Schools.
Results of
these tests
should be available
by the end of
November, at which time Lau Category C students
whose achievement
is comparable to English monolingual
students
will be mainstreamed as identified,
but no later
than one month after identification,
or the first
school day of January of the following
calendar year.
Lau Category C students
whose
achievement
is not comparable to English peers (one
or more years below grade level) will be given an
achievement
test in the primary language,
and resulsts
of both tests will be compared to determine appropriate
placement.

'·

C.

Evaluator

Qualifications

OBJECTIVE:
To train bilingual
personnel
to administer
academic
assessment
instruments
in the primary language of students.
Responsibility:

Supervisor

of TBE Program

r

�11

Procedure:
The Supervisor
of the TBE Program, with the assistance
of the Bilingual
Guidance Counselor and the Bilingual
Curriculum Coordinator,
will coordinate
training
of
bilingual
personnel
for carrying
out assessment
of
academic achievement in the primary languages of
students.
Test instruments
will be those indicated
in Section
IV-A, namely, the WRAT-math component, the I.R.I.,
and
CLOZE instruments
for reading,
or equivalent
tests.
Translations
of verbal instructions
of various components
of the WRAT-math component tests will be done by persons
fluent
in the primary languages.
Appropriate
training
will be provided to all personnel
who· will be administering
these tests,
including
bilingual
classroom teachers,
testers,(Appendix
H) and
any person who will administer
an Informal Reading
Inventory.
•
Training
Bilingual
persons,
involved
D.

Student

will

be provided by the Boston University
Ar:· istance
Center staff and other qualified.
ar.~ will be scheduled so that all personnel
are properly prepared prior to test dates.

Profiles

OBJECTIVE:
To develop and maintain a cognitive/language
profile
for each student in Lau Categories
C in the school system.
Responsibility:

Supervisor

needs
A, B, and

of TBE Program

Procedure:
Under the leadership
of the Supervisor
of the TBE Program,
a cognitive/language
needs profile
will be updated for
Lau Category A, B, and C students
upon receipt
o~ all
assessment
data.
This information
will be placed in
the student's
permanent record folder.
Copies will
also be kept in the Bilingual
Program office for easy
access.
Student profiles
for all current
A, B, and C
students
will be updated and maintained.
Profiles
for
all new students
will be developed prior to placement.

I

L.

.. ... .

·-

..

... .,, .......
.. ·-· -·

, ·-· ... -...,-.--.-~-•sr-----,

·--·

•-

...,.,- ...._......._.,----r

--,

--.

·-

,- --"'

-~-1

·-

--r--T0...,.....-,---

'

�12

VII.

Placement
A;

of Students

Lau Category
1.

Elementary
a.

in Appropriate

Programs

A and B Students
Students

(K-8)

Twenty or more students
OBJECTIVE:

.

.

To provide for Lau Category A and B students,
(based on results
of assessments)
in language
groups of twenty or more, an elementary
(K-8)
Transitional
Bilingual
Education
(TBE) program
which is in compliance with state and federal
law, regulations
and guidelines.

.
"

...

,

~

:::
►

f.
::

..
~

ti\
~

I;
-I

I

-

Responsibility:

Supervisor

Procedure

Kindergarten

one:

of TBE Program

The Lowell Public School Department will provide
a TBE Kindergarten
program for children
who
will be four years and nine months old by
O_ctober 1 of each school year.
Kindergarten
age span will be within the one-y.ear limit
mandated by Chapter 71A of the Massachusetts
General Laws. Within each bilingual
kindergarten class,
students
will receive
instruction
in the native language for reading/math
readiness,
native language development,
and
ESL instruction.
Procedure

two:

Grades

1-8

The Lowell School Department will provide a
TBE elementary
program for children
in grades
1-8 based on a system composed of primary,
middle, and upper el~mentary.
Classes
adhere
to the three-year
age span required
by Chapter
71A of the Massachusetts
General Laws.
Depending upon results
of language dominance
and language proficiency
testing,
as well as
the student's
chronological
age, he/she will
be placed in the appropriate
grade level of
the TBE program.
Within each level,
students
will be grouped
for native language instruction
based on
language proficiency
and achievement .
•

i

�All student.
in the TBE program will integrated
with
standard
curriculum
students
in art, music, physical
education,
and recess.
Students
in the elementary
TBE
programs will receive
instruction
in the following
subjects:
Mathematics
Health
Social Studies
Guidelines

U.S. History
Reading and Language Arts
Native History and Culture

for native

language

instruction

are as follows:

Students
in Lau Category A will receive
at least 80%
instruction
in the native language and an ESL component.
Students
in Lau Category B will receive
at least 65%
instruction
in the native language and an ESL component.
b.

Fewer than

twenty

students:

OBJECTIVE:
To develop a flexible
and effective
approach to providing
instruction
to individual
or small groups of limited
English-speaking
students
in various
schools.
Responsibilitv:

Lau Compliance

Coordinator

Procedure:
ESL instruction
and some tutoring
will be provided with
Title
I assistance
(in schools eligible
for such services)
to students
whose primary need is determined
to be high
intensity
English language instruction.
For other students,
assistance
will be provided through
volunteer
or paid tutors
in English as a second language,
or in the content areas in the primary language,
to allow
students
to progress
in general areas as they learn the
English
language.
(Appendix H)
These services
will continue
until
it is determined
these students
are able to function
satisfactorily
standard
classroom
without additional
services.
2.

Secondary
a.

that
in the

Students

Twenty or more students
OBJECTIVE:
To provide a Transitional
Bilingual
Education
(TBE) Program
for Lau Category A and B students
when there are twenty or
more in the district
who speak the same language.

-

�Supervisor

Responsibility:

of.

Program

Procedure:
The Lowell School Department will provide a
TBE secondary program for students
in grades
9-12.
This program will offer all courses
required
for graduation
in the primary languages
as well as ESL courses at various ability
levels.
In addition,
courses in the native languages and
cultures
will be offered at various ability
levels.
Secondary TBE students will be integrated
with
standard
curriculum
students
in art, music, and
physical
education.
Courses are presently
being offered in Portuguese
and Spanish.
b,

Fewer than

twenty

students

OBJECTIVE:
To provide ESL support to Lau Category A and B
students
in language groups of fewer than twenty.
Responsibility:

Supervisor

of

TBE

Program

Procedure:
Lau Category A and B students
in grades 9-12
will be placed into standard curriculum
classes.
ESL classes will also be provided and their
English proficiency
and achievement levels will
determine
into which ESL classes
they will be
placed.
For students
who have been found not to
be achieving
at grade level,
further
screening
will be done for placement into special programs.
This screening
and placement will be done as
specified
later
in this plan.

3,

Curriculum
OBJECTIVE:
To insure that all Lau Category A and B students
have access to a comprehensive
and sequential
curriculum
of instruction
that is comparable
in scope and sequence to that of all students
in the
LPS.
Responsibility:
Supervisor
of TBE Program

r

•

--------

-----~--

�.l. .J

Procedure

one:

Elementary

All Lau Category A and B st.udents in grades K-8
will receive ~he same curriculum
of instruction
that all students
in the Lowell Public Schools
receive.
The courses taught are:
Language Arts
Mathematics
Social Studies
Science
Health and Safety
History and Culture (Native)

Art
Music
Physical Education
Home Economics
Industrial
Arts

The manner and the language in which Lau Category
A and B students will receive
instruction
in these
subjects
has been set forth earlier
in this plan.
Procedure

two: Secondary

All Lau Category A and B students
in grades 9-12
who have been placed in a TBE program will be
offered all courses required
for graduation
from
the Lowell Public School district
in their primary
language.
with the exception
of physicai
education.
They wi1:· be integrated
with standard curriculum
students
-;.n phy.sical education.
In addition
to
these courses,
they will be offered language and
culture
courses in the primary languag~ and
English as a Second Language courses at various
ability
levels.
These courses will be offered
in a sequence which will allow Lau Category A and B
students
to graduate from high school within the
usual four year time period.
This means that some
courses will be offered on alternate
years when
this does not prevent a student from graduating.
Those students
who have not been placed in a
TBE program (i.e.,
fewer than 20 in number) will
be placed in the standard curriculum
and in
addition
will be offered ESL courses at various
ability
levels.
,
For Lau Category A and B students
in grades 9-12
who have been found not to be achieving
at grade
level,
further
screening
will be done for placement into special
programs.
This screening
and
placement will be done as specified
later in this
plan.

--·. ------··
·-----·
. -----... --- . --·

�Procedure

three:

Materials

By February 28 of each school year the Coordinator
of TBE
Curriculum
will conduct an inventory
of teaching materials
currently
in use in the Bilingual
Department.
A survey will
also be taken of Bilingual
Department staff to determine
what primary language and English language teaching materials
are needed.
The Coordinator
of TBE Curriculum will work in close
collaboration
with district-wide
Curriculum Coordinators
to insure comparability
of materials.
By March JO of each year, the Coordinator
of TBE Curriculum
with the help of bilingual
staff members and district-wide
Curriculum
Coordinators,
will decide which materials
will
be purchased.
Should there be materials
needed which are
unavailable
for purchase,
the Coordinator
of TBE Curriculum
will arrange ways in which those materials
can be de~eloped:
a.
b.
c.

r

'

4.

through Title VII National
Network; or
through the use of consultants
who will
the materials;
or
through materials-development
workshops
to school department
staff.

Lau Category

A and B Students

develop
offered

in the Mainstream

OBJECTIVE:
To insure that Lau Category A and B students
standard
curriculum
classrooms
are provided
assistance
to function
in the classroom.
Responsibility:

Lau Compliance

who are in
with needed

Coordinator

Procedure:
Lau Category A and B students
who are in standard
curriculum
classrooms
because of parental
choice will be provided with
tutorial
help, if primary language tutors
can be found, and/or
ESL assistance,
according
to their needs, until
they are
functioning
at the same level as their
peers, or until
other
services
are available.
(Appendix H)

�17

B.

Lau Category

C'tudents

Students who have been determined to be bilingual
and
placed in Lau Category C will be placed in the standard
curriculum
of the Lowell Public Schools and will receive
their academic instruction
in English.
Should any Lau
Category C student be performi~g_below
grade level,
further
screening will be do~e for placement into an
appropriate
program to insure maximum success.
(Section D)
C.

Exit

Criteria

OBJECTIVE:
To mainstream linguistic
lingual English classes.
Responsibility:

minority

students

into

mono-

Supervisor
of TBE Program, in conjunction
with the Lau Compliance Coordinator.

Procedure:
Beginning April 1, 1980, students who have completed one
or more years in a TBE program will be assessed for the
purpose of tletermining
whether the student will be assigned
to the standard curriculum for the next year.
The assessment procedure will be based upon the following c,ri teria:
1 - language prc~~ciency post-test
in English
2 - achievement test in English for students
who, on the
basis of these tests,
appear to be ready for mainstreaming.
All of these tests will follow the same procedures
outlined
earlier
in this plan for dominance, proficiency
and achievement testing.
Upon completion of the post-testing,
the
student's
guidance counselor will call a meeting of the
Bilingual
Pupil Study Team consisting
of,
1
Guidance Counselor
2 - Parent(s)
3 - Primary language-teacher
4 - ESL teacher
5 - Standard curriculum teacher who will instruct
the
child (elementary
school level)
6 - Principal
or designee
7 - Other specialists
as applicable
This team will meet to decide whether,
1 - language proficiency
post-test
scores demonstrate
that the student's
English abilities
allow him/her
to perform satisfactorily
in a monolingual English
classroom.·
If they do, then the student will be
placed in the s~andard curriculum
in September of
the following year.
If they do not, the student
will continue in a TBE program for another year.

r

---- --,

-:---,

·-

~

·-,

---,

�18
2 - achievement
test scores of the Lau Category C
student demonstrate
that the student
is performing
at grade level.
If they do not, then the student
will qe placed in the standard curriculum
and
referred
for further
screening and placement into
an appropriate
special program.
When it has been decided that the TBE student in grades
K-8 will enter the standard curriculum the following
September, a system of partial
integration
will be
scheduled jointly
by the standard curriculum teacher,
the
ESL teacher and the primary language teacher.
Under this
system of partial
integration,
the student may be scheduled
to take Math, Language Arts, and/or Social Studies in the
stanaard
curriculum
class and the other subjects
in his
primary language arid/or ESL class.
The purpose of the
partial
integration
process is to help alleviate
the fears
most TBE students
have about their ability
to perform
academically
in a monolingual English language class,
It
also gives the student an opportunity
to make new friends
and form new peer-group
ties prior to being separated
from
his previous
friends
and peer group.

D.

Special

Programs

Special

1.

Education

OBJECTIVE,
To provide the necessary
special
to insure appropriate
assessment,
seivice
delivery
to Lau Category
special
needs.

education
specialists
diagnosis
and
A and B students with

Re§ponsibility:
Director
of Special Education.
The
Supervisor
of the TBE Program and Staff will act as
liaison
between the Special Education Department and
the TBE Department.
Procedure

one,

Screening

and Assessment

An evaluation
team will be secured to do the screening
and assessment
of Lau Category A and B students with
special
needs.
This evaluation
team will be composed of either a
psychologist
who speaks the primary language or a
special
educator,
L.D. specialist
or other appropriate
specialist
who speaks the primary language.
The Lowell
School Department presently
employs a Spanish-speaking
psychologist.
If, after a careful
search has been conducted,
the school
department
is unable to secure one of these specialists
who speak the primary language,
every effort
will then

--•

·---·-

t•4·

....

-•-,--·

r

--•

r-

-r•·--

-•

- ....... ... -----: ..-·- -

;

I

. ----, ·--- . . .- .. -

�19
be made to purchase services
from other public or
private
school systems.
If it is clearly
not
feasible
to employ or contract
the services
of a
specialist
fluent in the primary home language, an
interpreter
will be provided to assist
Englishspeaking specialists.
In all.cases,
the Lowell
School Department will adhere to the special
education
evaluation
process as set forth in
federal
and state guidelines.
Any evaluation
conducted for a student whose primary
language is not English shall incorporate
the
results
of language dominance, proficiency,
and
achievement
tests
administered
to the student in
the primary language.
The individual
Educational
Plan which is developed for a special
needs Lau
Category A or B student will include a statement
indicating
in which specific
language(s)
services
will be provided.
The caseload of bilingual
specialists
shall not exceed the caseload ordinarily
required
of monolingual English-speaking
specialists.
Procedure

-:.wo:
•
€..·,

Once the
aluation
team has determined that
special
se~vices are necessary
for Lau Category
A and B students,
the Lowell School Department
will provide those services
according
to the
In_di vi dual Educational
Plan by:
1.
2.

J.

providing
bilingual
special
education
classes;or
seeking to purchase services
from private
services
providers;
or
providing
an instructional
aide who speaks
the primary language to assist
a Lau Category
A or B student who has been placed in an
English-speaking
special
education
class.

Special Education
policies
and procedures
will
be in accordance with Massachusetts
General Laws,
Chapter 766, and Public Law 94-142 of the Federal
Laws.

�20

2.

Title

I

OBJECTIVE:
To provide equal
access to.Title
I services
Category A and B students who qualify.

for Lau

Responsibility:
Director of Titler.
The Supervisor
of
the TBE Program and Staff will act as liaison
between
the Title I Program and the TBE Department.
Procedure:
The Lowell School Department will offer services
that
are comparable to the services
offered monolingual
English-speak1ng
students.
At the elementary level,
Title I remedial reading is given to students
in
grades )-8 based upon the following criteria:
1 - Report card grades
2 - Teacher recommendati'on
) - Standardized
test scores
At the secondary level,
remedial reading and math are
given to students
in grades 9-12 based upon the
following
criteria:
1 - Report card gr~des
2 - Teacher recommendation
) ~ Standardized
test scores
The criteria
to be followed for acceptance
into the
Title I program for Lau Category A and B students
in
graaes 1-6 will be:
1 - Report card grades
2 - Teacher recommendation
J - Results of achievement tests administered
during
identification
process,
which indicate
that the
student is t~o or more years behind grade lev~1.

the

For those Lau Category A and B students
who qualify for
Title I services
according to these criteria,
the Lowell
School Department will provide the following:
) ESL Teachers
English
2 ESL Teachers
English/Spanish
1 Instructional
Aide
English/Portuguese
1 Bilingual
Social Worker English/Spanish

�21

3.

Talented

and Gifted

(TAG) Program

OBJECTIVE:
To provide equal access to the Talented and Gifted
(TAG) Program for Lau Category A and B students who
qualify.
Responsibility:

Lowell Public

Schools

Project

Director

Procedure:
The Lowell School Department proposes the development
of a magnet program for talented
and gifted students.
Such a pilot program (grades 1-3) would be planned
jointly
with and funded through the Office of Equal
Education Opportunity
at the State Department of
Education.
Lowell's
TAG Magnet Program will
include the following
components:
a. a non-graded program for approximately
30 students,
grades 1-3;
b. at least 40% of the TAG students
will be minority
students
(as defined by the Commonwealth of
Massachusetts);
c. a staff of two teachers
and two aides.
One teacher
and one aide will be bilingual;
d. the services
of cultural/ethnic
and curriculum
consultants;
e. multicultural
curriculum
and approaches;
f.
integration
of TAG staff,
students
and resources
within the home school through involvement of
regular
education
teachers
and students
in TAG
activities;
assignment of TAG students
to regular
homerooms; dissemination
of curriculum materials
to regular
education
classes;
g. an instructional
program which includes math, science,
language arts,
social studies,
music, and art; and
which promotes skills-oriented,
experientiallybased approaches to learning;
h. dissemination
of program materials
and techniques
to all other Lowell schools with K-6 programs, for
sharing with teachers
and students
not in the
pilot program;
i.
workshops for parents,
to share program philosophy,
materials,
and techniques.

I

l

�,
22

4.

Magnet Schools

II

OBJECTIVE:

!

To provide equal
, for Lau Category

access to the Lowell Mamet Schools
A and B students,.

Responsibility,
Procedure

Lowell Public

Schools

Project

Director

one:

Lau Category A and B students who qualify for magnet
schools will be given equal opportunity
to attend,
in accordance with state and federal laws governing
racial
and ethnic balance in public schools.
Procedure

two,

If twenty or more Lau Category A and B students
of one
language group are enrolled
in a magnet school or
program, a primary language teacher and/or aide will
be provided for each such group, according to previouslyestablished
procedure for other district
schools and
programs.
VIII.

Staff

Development

...

A.

f

Inventory

of Present

..
Staff

OBJECTIVE:
To determine the existing
staff
the TBE Department for assisting
English-speaking
ability.
Responsibility,

Supervisor

resources
students

available
in
of limited

of TBE Program

Procedure,
The Lowell School Department
classifications
of personnel

currently
has the following
in the TBE Program:

Supervisor_
Primary langua_ge Teachers
ESL Teachers
Spanish Bilingual
Special Education Resource Room
Teachers
Primary Language Instructional
Aides
ESL Instructional
Aides
Spanish Bilingual
Psychologist
Tri-lingual
Guidance Counselor (Spanish/Portuguese/Eng~ish)
Tri-lingual
Community Liaison (Spanish/Portuguese/English)
P.A.C. Coordinator
Spanish Bilingual
Social Worker
Title IESL Teachers
Title I Bilingual
Instructional
Aides
Title l Spanish Bilingual
Social Worker

I

l

�23

•

Staffing
assignments
within the TBE Program are based
upon distribution
within the various language areas.
Staff assignments
and student distribution
by schools
as of March 1, 1980, are as follows:
of
No. of
Primary
Students
Lang.Teach.
Elementary
23
1 also
10
1 also
18
1 also
1 also
19
1 also
25
No.

School

Language

Washington
Shaughnessy
Molloy
Green
Bartlett
Pawtucket
Memorial
Robinson
Varnum
Rogers

Spanish
Spanish
Spanish
Spanish
Spanish

R;.::!rs

Portuguese

3

Central
Ames
Colburn

Portuguese
Portuguese
Poi;-~uguese

2
1
1

Spanish
Spanish
Spanish·
Spanish

47

2

35

3

28

2
1

10

of
Primary
Aides

of

No.

No.

ESL
Teach.
teaches
teaches
teaches
teaches
teaches

also
also

teach
teach

also

1
teaches

ESL
ESL

teaches

1

1
1

ESL

3
ESL

2
1
2

Secondary
Lowell
Lowell
Lowell

H.igh
High
High

Spanish
Portuguese
Other

39
16
5

1

1

1

The Lowell School Department also currently
specialists
to meet the special
educational
English-speaking
students:
Position
Number
Bilingual
Psychologist
1
Guidance Counselor
1
Resource Room Teachers
3
Social'Worker
1

of

ESL
Aides

ESL 1
ESL
ESL
ESL
ESL 1

1

also

No.

1

employs the following
needs of limited
Language
Spanish
Spanish/Portuguese
Spanish
Spanish

1

�24

In addition
to these specialists,
the Lowell School Department
also employs the following
para-professionals
to serve limited
English-speaking
students,
Number

Position

Language

1

School-Community Liaison
Instructional
Aides
Instructional
Aides

Spanish/Portuguese
Spanish
Portuguese

4
8

The TBE Department
March 1, 1980.

also

has the following

administrators,

as of

Number

Position

Language

l
1
1

Supervisor,
TBE Program
Lau Compliance Coordinator
TBE Curriculum Coordinator

English/Czech.
English/French
English/Greek

The following

positions

Number

Position

Language

3

ESL Teact.ers
ESL Teac~ ·.rs
Instruct:::nal
Aide
Bilingual
Social Worker

Englis}:l
English/Spanish
Portuguese/English
English/Spanish

2

1
1

are provided

through

Title

I funding:

The followin~ ~ositions
are funded through a Title VII Grant
servicing
80 Spanish, Portuguese,
and English dominant preschoolers,
Number

-Position

Language

1

Project Director
(TBE Program Supervisor)
Teacher/Coordinator
Teachers
Community Liaison
Instructional
Aides

English/Czech

l
2

1
2

Spanish
English/Spanish
Spanish/English
Spanish/English

�25
B.

Needs Assessment
OBJECTIVEs
To determine what staff resources
and staff needs exist in
the Lowell Pubiic Schools for assisting
students
of limited
English-speaking
ability.
Special-emphasis
will be placed
_on the areas of primary language instruction.
English as a
Second Language instruction,
testing.
mainstreaming
linguistic minorities.
special education programs. and use of
community resources.
Responsibility:

Assistant
Superintendent
for Personnel.
in cooperation
with the Supervisor
of the
TBE Program.

Procedures:
A system-wide inventory
of staff resources
and a system-wide
survey of staff needs in meeting the educational
needs of
limited
English-speaking
students will be carried
out by the
Personnel
Office of the Lowell School Department by no later
than October 31. 1980. The purpose of the inventory and
the survey will be,
1. To identify
staff with specific
skills
in working with
students
of li~:ted
English-speaking
ability.
,for
possible
use a.~ instructional
staff and as training
leaders/resources.
_..
2.

To identify
the areas where teachers
and other staff
membe..rs need improvement to become more effective
in
meeting the needs of limited English-speaking
students.

The inventpry
of staff resources
and the survey of staff needs
will be used by the Superintendent
of Schools to determine
and to meet the future staff needs.
C.

Basis

On Which Future

Staff

Will Be Provided

OBJECTIVE:
To identify
and utilize
staff capable of providing
primary
language instruction,
ESL instruction.
special needs
assessment
and services.
and technical/occupational
instruction
and/or assistance.
Responsibility1

Assistant

Superint~ndent

for Personnel

Procedures,

.

The Lowell School Department will provide appropriate
staff
to meet the educational
needs of limited English-speaking
students.
in accordance .~ith state and federal
laws and
regulations.
The Lowell School Department will also provide

�26

the staffing
necessary
to compile and collate
information
maintain proper records relative
to the Lau Compliance
implementation.

and

In the TBE program, the teacher-pupil
ratio will be 15:1
without an aide or 2011 with an aide.
The Kindergarten
classes
will be separated
from the other grades with only
·one-year age span among the children.
IX.

Parent

Notification

A. Parent

and Communications

Notification

OBJECTIVE,
To develop notifications
to parents which will explain
the procedures
and services
available
in the Lowell Public
Schools for all students
and in particular
for students
of limited English-speaking
ability.
These notifications
wi11 initially
be available
in English.
Spanish, and
Portuguese,
and will be translated
into other languages
as the need arises.
Responsibility,
Supervisor
of the TBE Program. Lau
Compliance Coordi~ator.
Project Director.
Directpr
of
Title I. Directic~
of Special Education.
each school
building
administ:ator
.. The Project Director will act
as liaison
between the various departments,
programs.
and schools.
Procedure:
.The Home Language Survey form will identify
those homes
in which parents will need to receive school and program
notices
in a language other than English.
In such cases,
the administrator
responsible
will contact the Project
Director
and will be provided with a list of persons
qualified
to do translation.
It will then be the
responsibility
of each administrator
tosee that these
notifications
are, in fact. translated
and sent to the
proper homes.
In order to facilitate
the notification
process.
the Lau Compliance Coordinator
will compile
summary data for each school. which will include the
number of students
in each school by language group.
This will be done by October JO of each year.

B.

Parent/School

Communications

OBJECTIVE,
To encourage parents
of limited English-speaking
students
and school staff to communicate regularly
with one another.
Responsibility,

Supervisor

of TBE Program.

and Staff.

�27

Procedure:
There are already existing
procedures
to encourage and
facilitate
the achievement of this objective,
1. Teacher/Parent
Conferences are regular
school policy.
2. All special
services
provided to students
require parent
participation
in program planning a~d evaluation.
J. The Bilingual Department has helped to establish
Parent
Advisory Councils for those parents who speak Spanish
and Portuguese.
4. The Bilingual
Department presently
employs Parent
Advisory Council Coordinators
and Community Liaisons
who speak the appropriate
primary language to help
facilitate
PAC meetings,
and the collection
and
distribution
of information.
5, The Bilingual
Department has also established
a Master
PAC (Parent Advisory Council) which consists
of
elec.ted representatives
from each of the separate
Parent Advisory Councils.
In addition,
parents will be invited to participate·
in staff
inservice
programs where they have special
skills
or insights
which would be helpful
to staff development.
Also, in order
to be sure that ~ •.rents are familiar
with current
state and
federal
laws anc·· chool department programs as they relate
to limited English-speaking
students,
the administrative
head of each special
program (i.e.,
Special Education,
Title I, etc.)
or his/her
designee will attend at least
one Master Parent Advisory Council meeting during each
school year, to explain to the parents the requirements
of the law and/or the specifics
of their program.

x.

Evaluation
A.

Process

Evaluation:

Responsibil~ty:

Lau Compliance

Coordinator

Procedures:
The Lau Compliance Coordinator
will meet regularly
with all
persons responsible
and involved in the implementation
of
this plan to insure that the objectives
are being met within
the allotted
time-frame
and to offer assistance
in resolving
schedule conflicts.
The Lau Compliance Coordinator
will also meet regularly
with
the Lau Compliance Advisory Team to keep them informed of
the details
regarding
implementation.
Further,
the Lau Compliance Coordinator
will keep the
Superintendent
of Schools informed of the details
of
implementation,
and advise him of ways in which to resolve
any district-wide
problems which may emerge.

�28
1.

Office

for Civil

Rights

Responsibility:

Reports

Lau Compliance

Coordinator

Procedure:
Quarterly
Reports will be sent to the U.S.· Office for
Civil Rights,
Region I, on dates specified
by the OCR.
2.

Matrix

for Compliance

The following
dates signify
times by which specific
tasks outlined
in the plan are to be accomplished.
This matrix will be utilized
to monitor the school
district's
implementation
of the plan. (Where the
year is not indicated,
activities
are ongoing a,nd to
be done each year.)
*Tentative

... .

April

3, 1980

April

8, 1980

*April

..

Submission of Revised Plan to
OCR
Orientation
for building
administrators
on Lau Compliance
Plan
Quarterly

15,

May

8, 19so·

May

30, 1980

-

Report

BINL Training

to OCR

Session

Dominance Testing,

A,B,C,

completed

Appointment of Lau Compliance
Advisory Team by Superintendent
Appointment of LCAT Chairperson
Classroom Teacher, and
Parent,
Guidance Counselor Evaluation
Questionnaires
Distributed
Facilities
Review completed

June

1,

June

15,

Information/Training
Session for
Lau Compliance Advisory Team

*July

15,

Quarterly

September
September

1, 1980

,

-

Report

to OCR

students
Categorization
of current
completed
Horne
Enrolment of new students:
Language Survey and Classroom
Language Survey distributed;
sent to Lau Compliance Coordinator
within ten days

•

�29

September

20,

Cross-validation

September

JO,

Language dominance testing,
new students,
completed

September

JO, 1980

CLOZE and I.R.I.

tests

*October

15,

Quarterly

to OCR

October

JO,

Summary data for each school
completed
Academic achievement testing,
English,
completed

October

Jl,

November

JO,

January
*January

---

-

, 1981

secured

English language proficiency
testing,
Lau Category C
students,
completed
Inventory of Staff Resources,
completed
Results of English academic
achievement testing
received
Placement or servicing
of.B,C
students
Facilities
Review begins
Quarterly
Report to OCR

15,

January

JO, 1981

Primary language achievement
testing,
Math/Reading,
completed

February

28,

Inventory
of teaching
completed

March

JO,

April

1,

June

•··--.

1980

Report

completed

--------

, 1981

-

materials,

Materials
to be purchaseddesignated
Assessment of students
to be
mainstreamed out of TBE
Cognitive/language
needs profiles
for current A,B,C students
updated

. - .

-

-·

-

�30

B.

Product

Evaluation

OBJECTIVE:
To monitor the progress
students
to insure that
met.
Responsibility:
Procedure

of limited English-speaking
ability
their educational
needs are being

Supervisor

one:

Parent

of the TBE Program

Questionnaire

A parent questionnaire
will be designed to seek information
from parents
about the district's
procedures
and services
to students
of limited English-speaking
ability.
This
questionnaire
will be distributed
each January and June,
beginning
in June, 1980, as a monitoring
device.
The
questionnaire
will be available
in those languages for
which school notices
in a primary language are needed.
Procedure

two:

Classroom

Teacher

Questionnaire

A questionnaire
for classroom teachers,
and others providing
instructional
services
to limited English-speaking
students,
will be designed to get information
about the district's
procedures
and services
for these students.
This questionnaire
will be distributed
in June, 1980 and in January and June of
each year thereafter,
as a monitoring
device.
Procedure

three:

Guidance

Counselor

Questionnaire

A questionnaire
for guidance counselors
of limited Englishspeaking students
will be designed to seek information
about
individual
student progress.
The guidance counselor
will
submit to the Lau Compliance Coordinator
and the Supervisor
of the TBE Program the following
information
for all Lau
Category A and B students
by June 1, 1980:
1.

The results
of the pre-testing
procedure
of dominance,
proficiency,
and achievement
tests
administered
during
the identification
process,
and
2. The results
of the post-testing
procedure
of dominance,
proficiency
and achievement
tests
described
in the
section
under Exit Criteria,
Based upon the pre-test
and post-test
scores,
the TBE Program
Supervisor
will make a statistical
summary showing individual
student
progress
on a system-wide
basis.
Procedure

four:

Facilities

Review

OBJECTIVE:
To review
bilingual

the facilities
and locations
of the various
and ESL programs and to make necessary
changes

�31
as appropriate
English-speaking
Responsibility;

to the educational
students.

needs

Chairman of the Lowell
Demographics (Housing)

of limited
Public Schools
Committee

Procedure:
The Chairman of the Demographics Committee in consultation
with the Lau Compliance Coordinator
and the Lau Compliance
Advisory Team will review bilingual
and ESL Program
facilities
and locations
beginning
in January of each year.
The review will take into consideration
the home districts
of limited
English-speaking
ability
students,
parent
preference,
and ava~lable
space.
The Chairman of the
Demographics Committee will make recommendations
for
future needs regarding
facilities
and locations
by June 1
of each year.

�LIST OF APPENDICES

~·
...

:. ...-,•·, .

A.

Statement

of Non-Discrimination

B.

Lau Compliance

c.

Classroom

D.

Home Language Survey Form

El.

Language

E2.

Procedures

F.

Student

G.

Basic

H.

Bilingual

Advisory

Team

Language Survey Form

Survey Comparison

Procedures

for Converting

BINL Scores

Categorization
Inventory

Form

of Natural

Students

Language

Testing-Tutoring

(BINL)
Project

�A

Fi1e: AC
NONDISCRIMINATION.
Respect for the dignity ·and worth of each individual shall be paramount in
the establishment of all policies by the School Comnittee and in the administration of those policies by its staff. The Constitutions of our nation
and state, pertinent legislation enacted at these two levels of government,
as well as court interpretations regarding citizens' rights, undergird this
statement.
The Committee recognizes that not all persons in this corranunityare recipients
of the rights and benefits afforded them as citizens of our state and nation.
Manysituations are beyond the capability of the schools to conquer on their
own: all of society is responsible for and must participate in their solutions.
/fow•vh-,public schools do have the responsibility to overcome, insofar as
poss1PI~. any barriers that prevent children from achieving their potential.
ne
1s

pJblic school sy~tem will do its part. This tO!TTllitment
to the conrnunity
~ffinned in the following statements of School C011'11littee
intent to:

•

.

1.

Promote the rights and responsibilities
of all individuals as set
forth in the state and federal .Constitutions, pertinent legislation,
and applicable judicial interpretations.

2.

Encourage positive experiences in humanvalues for children and youth
and adults, all of whomhave differing personal and family characteristics and who come from various socioeconomic, racial, and ethnic groups.

3. Work toward a more integrated society and to enlist the support of individuals as .we11as that of groups and agencies, both private and governmental. in such an effort.
4.

Utilize all appropriate comnunication and action techniques to air and
reduce the grievances of indi.viduals and groups.

5.

Carefully consider, in all the decisions made within the school system,
the potential benefits or adverse consequences that those decisions might
have, on the humanrelations aspects of all segments of society.

6. Initiate

a process of reviewing policies and practices of this school
system in order to achieve to the greatest extent possible the objectives of this statement.

The COljJTlittee'spolicy of nondiscrimination shall extend to students, staff,
the general public, and individuals with whomit does business; and shall apply
to race, national background, religion, sex, economic status, political party,
age. handicap, and other humandjfferences~
Current practice codified 1978
Adopted: date of manual adoption
l of 2

�A

Fi 1e: AC

LEGAL
REFS.: M.G.L. 76:5 (Chapter 622 of the Acts of 1971)
M.G.L. Chapter 71B (Chapter 766 of the Acts of 1972)
Civil Rights Act of 1964, as amendedin 1972, Title VI. Title VII
Executive Order 11246, as amendedby Executive Order 11375
Equal EmploymentOpportunity Act of 1972, Title VII
Education Amendmentsof 1972, Title IX (P.L.. 92-318)
45 CFR. Parts 81. 86 (Federal Register June 4. 1975, August 11. 1975)
Rehabilitation Act of 1973
Education for All Handicapped Children Act
CROSSREFS.: GBA,Equal Opportunity Employment
JB, Equal Educational Opportunities

It is the po1icy of the Lowell Public Schools not to discriminate on the basis
o'.ti:e,
color, sex, religion, or national origin in its educational programs,

~c.h·viti es, or emp1oym_e·nt
po1icy as required by Chapter 622 of the Genera1
Law~ftcts

of 1971 and Title IX of the Education Amendmentsof 1972.

nc,.:ipted5/12/76
LEGAL
REFS.: cited above
Note:

Requirem&amp;llts adopted by the State Board of
Educ:ation to promulgate
Chapter 622 may be
c:onsultec ip a public:ation
of the Department
of Educ:atien,
Ch.apter 622 Regulations,
1975.

Lowell Public Schools. Lowell. Mass.
2 of 2

�B

Lau Compliance

Advisory

Team

To be named June 1, 1980.
Membership will
with Quarterly
Report to OCR

be forwarded

�C

LOWELLPUBLIC SCHOOLS
LOWELL,~~SSACHUSETTS
Classroom

Teacher _____________

_

School _____________

_

Language Survey

--------

Date
Grade -----·--Room·-----

(For all students
enrolling
from·outside
the system.
This includes
students
who left the ~"St1nn and are returning.)
PLEASE ATTACHTO HOMELAN:}UAGE
SURVEY-(PARENT QUESTIONNAIRE)Al'::) 5:,;;-;J,
WITHIN TEN DAYSOF ENROLMENT,TO: Lillian
L. Lamoureux, Lau Compliance
Coordinator,
Central Administration,
89 Appleton St., Lowell.

--~-------------------------------------------------------------------•

To the teacher:

C

·dent's

Based upon your observation
in and out of the classroo~
(including
halls,
cafeteria,
playground,
etc.} the
student speaks,
(check one)

name ( please
First

Last

1
English
onl;i:

print)
Init.

•

2

English
another
lan~age

plus

.i.

Another
la.ri~age
only

Note:
lf 2 or )
which
languaf"e?

-

~TF

i:-

REMEMBER
TO RETURNWITH

OF ENROLMENT,
ATTACHED
TO
THANK

YOU.

~

�D
PARENT
QUESTIONNAIRE
Dear Parent:
The cultural composition of our coomunlty is one of our major assets. Language!~ the major means of cultural
expression. Accordingly, we are attempting to identify the cultural resources we have in ou: :.mru11ity. This
questionnaire will help us in determining the homelanguage of all students enrolled in the Lowell Public School System.
Please complete the questionnaire and return it to your child's teacher tomorrow. Families with 110rethan one
child will need to fill out a questionnaire for each child enrolled in school. Thankyou for your cooperation.
Sincerely,

~~?'oGa:r:;ck

J. ~ogan, Superintendent

Student's Name

Address

School_______________________

G.rade.
_______

----------------__,;

Telephone

·------------

·-------'-

RoomH1.111ber
__________

_

1. What language do you use when speaking to your child in the home?
____________________

_

2. What language does your child use when speaking to you in the home?
___________________

_

3. What language does your child use whenspeaking to brothers, sisters,

and friends?

-------------

In what language would you like to receive notices from school?_____________________

4.

Parent's Slgnature: _______________________

_

Date:_________________

_

CUESTIONARIO

..

Querido• Padres:

La c~osicion cultural de nuestra comunidades muy importante. El idioma es la 111anera
principal de la
expresion cultural.
Nosotros estamos tratando de identificar los recoursos culturales que tenemos en nuestra
c~nidad.
Este cuesti6nario nos ayudara a determinar el idioma que se habla en la casa por los estudiantes que han
sido Ntriculados en el sistema de las Escuelas Publicas de Lowell.
Por favor complete el cuestionario para que su nino lo entrP.gue a su maestra naanana. Las familias que tienen
ms de un nine en la escuela llliltriculado deben llenar un cuestionario por cada uno de ellos.
Gracias por SU cooperacion.
Sinceramente,

"?'o~
Mogan,Superintendent

,.

Nocrbredel Estudiante

·----------------

Escuela.______________________

.

,,

Direccion

-

------------

Grado.
_______

Telefono

-----

~Ni.nero del Aula.________

___

_
_

1. eQue idloma usa usti:d para hablar con su nino en la casa?________________________

.: i.Queidioma usa
3.

i~ ~ idior•

su nifio cuando habla con usted en la casa?_______________________

U!.&amp; ~"

_
_

niii'o cuando habla con sus hennanos, o amigos?.
_____________________

_

4. i,En que idioma le gustar(a ,-·••bir los 1nensajes de la escuela?_____________________

_

Fi nna del padre o aiadre:.__________________

_

---'Fecha:._______________

�.e

•

Language

Classroom
English

Survey

Two or more
Languages

Procedures

LAU
Category

All 4 Enqlish
3 or more Enolish
2 English
0 or l English

Only

E-1

Comparison

Home Survey •

Survey

Only a Language
Other than
English

Appendix

or more Enqlish
2 Enqlish
1 English
0 English
3

Dominance
Test
PT/1

DT/2

1-........E

0--.....

.

X

y

X

X

'

D--..

2 or more English

-

X

X

X
X

X
X

X

X

~
A

_L Enalish

0 English

•If the.responses
to 2 or more questions
result
in two or more
languages
being reported,
the student
will be given a.language
dominance test.
·~
. a language
.
Additional
students
ma receive
dominance test at the
parent's
request.
DT/1 - The dominance

language

do~i~ance

test only
category.

will

be used to determine

the

test will be used in conjunction
with the
home '.language and classroom
language surveys to determine
the
language dominance category.

DT/2 - The dominance

�E-2

Appendix
PROCEDURESFOR CONVERTINGBINL SCORES
. INTO APPROPRIAT~ LAU CATEGORIES

RATING IN ACCORDANCE
WITH LAU CATEGORIES

BINL COMPLEXITYLEVEL

1.

s

(E)
4 (D)

125 - 200
76 - 124

3 (C)

51 - 75

25

-

(B)
1 (A)

50
0 - 24

.

2.

NUMERICALVALUEASSIGNED TO THREE POSSIBLE ANSWERSIN
THE CLASSROOMLANGUAGE
SURVEY
•

3.

2

CLS COLUMN
1
2
_3

RATING
5
3

l

NUME.RICAL
VALUE ASSIGNED TO POSSIBLE ANSWERSIN THE
HOMELANGUAGESURVEY
Ht.S LANGUAGE
English
English
and Other Language
Other Than English

RATING
5
3

1

ALL THREE VALUES ADDEDTOGETHERAND DIVIDED BY THREE WILL
GIVE THE LAU CATEGORY.

�.
•

'

-

Name

-

.

-

STUDENTCATEGORIZATION

Dorn.T~sting

CLS

HLS

J.'
IDrr

-

.

F

Total

I

Aver.

I

.

I Lau

Ca·

I
I
I

II

I
I

I

II
I

I

'

'

I

I

.

.

i

\

I

!

I.

I

I

I
!

I

!

.

I

I

i

i

I

i
I

I

-

I

I

'
I
I

I

.

II
. .

I

I

I

I

I

'.

'

I

i
I

t

I

I
I

'

I!

I

I

'

I

•

.

�,

G

BASIC INVENTORY
OF NATURAL
LANGUAGE
BINL
(Information
provided on an informal basis by Dr, Gerard Hoff~a~,
Columbia u. LAU Center at Team Meeting.Tuesday,
January 29, 1980)
A. - Communicative rather response-oriented
1.
Free-respons_e test based on picture
2·.
Tape-recorded
answers
3~ Verbalizations
are scor~d with provided point system
(Maximum of 10 sentences per child needed)
B.
Time:
Approximately
4 tests with transcription
per hour .
•
C. Content:
40 pictures:
5 sets of 8
Both urban and rural scenes; general interest;
(child chooses)

D.

Use by other systems:
N,Y. State Dept.of Ed. - approved
Hudson, MA,
Boston - for non-Hispanics
Cambridge
Amherst
Holyoke

E.

Administration:
1.: lndivid.ual
testing
2.
Comput_er scoring -(10-day

F.

Norms:
(for English as well
Provides 4 categories:
·1. Non-English
Proficient
2. Limited English Proficient
J. English Proficient
J. English Fluent
{Some question

on comparability

tum-around
as other

time guaranteed)

languages)

of norms between different

languages.~

Costs:
1. Xits,
a. l kit - 4o pictures:
$85,
b.· All 7 sets, all levels:
$115,
2. Scoring:
{Approx,)
a.
Maximum, .42 per tes-t )
depends on number scored 1 the greater
b. )1i.nimum: .20 per test)
the number of tests,
the lower per-test
cost.

G.

�H

LOWELLPUBLIC SCHOOLS
LOWELL,MASSACHUSETTS
LAU COMPLIANCE
BILINGUAL STUDENTSTESTING/TUTORINGPROJECT
I.

Purpose:
To develop for the Lowell Public Schools a network of testing
and tutoring
services
for students
in the main~tream who are
bilingual
and in need of assistance.
This program is intended
primarily
for students
whose home language is other than
English and who are not eligible
for the standard bilingual
program because of a) insufficient
numbers for a bilingual
class in the primary language;
orb)
parent preference.
The project
will also assist
former bilingual
program·
students
who have been mainstreamed,
but who are still
in need of support services
within the regular
school
setting.

•

In addition,
the testing
component of the project
will
provide short-term
or individual
student testing
assistance
to the Bilingual
Program when circumstances
require
it;(e.g.,
unavailability
of a tester
or unanticipated
need.)
This program will neither
replace nor duplicate
current
Title I, ESL and/or Remedlal Reading services,but
will
address needs of students
not eligible
for such services.

II.

Organization:
A,

Resources,
Testers/Tutors
will be' recruited
through:
1. University
of Lowell A.I.D. program and Department
of Education,
2.
International
Institute.
J. Unitas, Inc. (Spanish); L.U.P.A., Inc. (Portuguese)
4. Community, church, and citizen
groups.

B,

Tutors:
1..

2.

will

be of three

types:

Volunteer tutors
in English as a Second Language. (This
may be limited by the availability
of non-paid tutors
on a dependable,
consistent
basis.)
Paid tutors
in English as a Second Language, for
students
who need to strengthen
their English
language skills,
indepen_dently of content subjects.
These tutors will be paid at the current hourly rate.

�.sting/~utoring

3.

C.

2.

3.

Paid tutors in the content areas in the primary
language as well as English as a Second Language,
to allow students
to progress
in general areas
as they learn the English language.
These will also
be paid the hourly rate.
Will be native speakers of languages in which they
test,
including English,
Spanish, Portuguese,
and
others as needed.
Will be trained
in testing
procedures
as required
by the particular
assessment instruments
to be
administered.
May be volunteer
or paid, as are tutors.
(B above)

Coordinations
1. Tester/Tutor

2.

•. '•

J.
4.

5.
III.

H

Testers:
1,

D.

- 2

Lau Compliance
information:

Office will coordinate:
- availability
- areas of expertise
schedules,
training
payroll,
reports,
etc.
Student needs:
- referrals
from schools
- age, grade level,
nationality,
primary language
- tests to· be administered
- ESL, Primary language tutoring,
Content area tutoring
- in-school
or home tutoring
- other
Training
of testers/tutors
Assignment and scheduling
for testing
and/or tutoring
Reimbursement:
- time sheets,
etc. according to
school department procedures.

Rationale:
LAU Compliance requires
that the school district
provide for
the educational
needs of all children
whose primary language
is other than English and who have language-related
learning
difficulties.
At the same time, a significant
amount of
language dominance and language proficiency
testing
must be
done as part of treidentification
process required
for compliance.
While the Lowell Public Schools Bilingual
Program addresses
the
needs of students
when the number in any one language reaches
twenty (20) or more, most notably the Spanish and the Portuguese,
the U.S. Office for Civil Rights has expressed
concern over the
fact that many students
in the mainstream have language-related
learning
difficulties
which are not being addressed,
either
because numbers do not warrant a bilingual
program class,
or
parents prefer to keep their children
in the standard classes.

�- J

•Te.ng/Tutoring

H

The school district
is not excused from providing
services
to these children,
whose needs may be temporary (until
English is strengthened
enough to allow them to function
independently)
or long-term.
This testing/tutoring
program, established
as an on-going
adjunct to the school, will provide for compliance with
Office for Civil Rights requirements
and meet the immediate
needs (testing
and/or tutoring)
of students
without
necessitating
an increase
in permanent staff and/or housing
for students
serviced
in this way.

,.
I

•. - • --· -··· .

-

�JS 44
(Rev. 07/86)

.

II . .

.

CIVIL COVER_SHEET •

The JS-44 c,v,I cover sheet and the information cc:intau.ad herein neither· repfKe nor supplement the fllmg and service of pleadings or other paper1 as required by law, except as provided by local
rules of court. This form, approved by the Judicial Conference- ,f the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket
sheet.

ISEE INSTRUCTIONSON THE REVERSEOF THE FO. M.l

George Kouleharas, Kathryn
Stoklosa, Gerald Durkin, George O'Hare,
David Allen, Regina Faticanti,
Robert
Kennedy, Lowell School Ccmnittee, Henry
Mroz and City of Lowell

DEFENDANTS

I (a) PLAINTIFFS Hispanic Parents Advisory
Council, Parents United in Education and Develo
ment of Others, Luis C, Rafael L, Juan N, Pedro
N., Wanda R, Angel S, Daisy S, Ramonita S,
N~Pf S, Ana C, Dolores C, Jose C, Sokhorn C,
Sopo.orn K, -8mQusackP, Ron P, MaJ::qarita G,
t1ig iza H, Iris L, Norma K, and Laurel 0.
(b)

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

Mi dd J esex

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _______
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LAND INVOLVED

(C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

Roger L. Rice
camilo P~ez-Bustilo
METAProJect
7 Story Street
Carnbriage, MA 02138
617 495-9261

Alan Jay Ran
Lafwyerc!;l
QntRet.
or iv:i-1 s
294 Washington
BostO n, MA 02108
617/482-1145

II. BASIS OF JURISDICTION

ATTORNEYS (IF KNOWN)

Law Department
City of Lowell
375 Merrimack Street
Lowell, MA 01852
617/454-8821

Thayer Fr
nt-Smith
Choate, Hal &amp; Stewart
53 States
eet
Boston MA 2109
617/227-502

Ill. CITIZENSHIP OF PRINCIPAL PARTIES

(Pt.ACE AN x IN ONE OOX ONlY}

(PLACE AN. IN ONE BOX
F-OR PLAINTIFF AND ONE BOX FOA DEFENDANT)

(For Diversity Cases Only)

xi

0 1 U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

PTF DEF

D 4 Diversity

0 2 U.S. Government
Defendant

(Indicate Citizenship of
Parties in Item Ill)

IV. CAUSE OF ACTION

_

Citizen of This State

O 1 0 1

Citizen of Another State

O2 O2

Citizen or Subject of a
Foreign Country

03

Incorporated or Principal Place
of Business In This State
Incorporated end Principal Place
of Business In Another State
Foreign Nation

03

PTF DEF
04
04
05

05

06

06

(CITE THE U-5. CIVIL STATUTE UNDER WHICH YOU ARE FILING ANO WRITE A BRIEF STATioMENT OF CAUSE.

School Desegregation and Rights of Linguistic Minority Students in
Lowell Public Schools/Fourteenth
Amendment, 20 u.s.c. §1703 (f) and regulations
pranulgated
pursuant to Title VI of Civil Rights Act of 1964, 42 u.s.c. §2000d et seq_., 34 C.F.R. §100.1
et
OONOTCITEJVRISO,CTIONALSTATUTESUNLESSOIVEFISITV.J

V. NATURE OF SUIT

(PL.ACE AN

CONTRACT
D 110
0 120

0
D
0

Insurance
Manno
130 Mitter Acl
140 Negotiable Instrument
150 Recover; ol Ov0&lt;poymen1
&amp; Enfo,cement of
JUC!gment

0 151
0 152
0 153

0 160
0 190
0 195

Medicare A&lt;o1
Recovery o1Detaulte&lt;I
Student Loans
(Exel. Veterans)
Recovery o, Overpayment
ot VeIeran·s Senellls
Stockh0ld0ts· Suits
0,0er Contraci
ContraC1PrOduct LJablhty

0
0
0
0

0
0
D

0
0

REALPROPERTY
0
0
0
0

IN ONE BOX ONLY)

TORTS
PERSONAL
INJURY
PERSONAL
INJURY
310 Airplane
0 362 Pe&lt;sonal Injury315 Ai,plane Product
MOdMatpraciice
Uabitily
D 365 Personal Injury320 AssauN, Lobel &amp;
PrOductLiability
$!a.oder
0 368 Asbestos Pe1SOnol
330 Federal Employers·
lnIury Product
LiablHly
340 Marine
345 Manne Product
LlabiUly
350 Motor ven,cle
355 Motor Vehicle
Product Liability
360 Other Personal
lnJury

FORFUTURE/P£NALTY
0
0
0
0
0
0

Uabiity

PERSONAL
PROPERTY 0
0 370
0 371
0 380
0 385

CIVILRIGHTS
0 441 Voling
0 442 Employment
0 443 1-1oos1ng1

0 210
0 220

land Condemnahon
Fo,eclosure
230 Roni Lease &amp; EIectm..,,
240 Tons to Land
245 Ton PrOduCILoabiity
290 All Other Real Pr-rty

X

Other Fraud
lhJth in Lending
Other P0&lt;sonot
Pr()C)ertyDamage
Property Damage
Product Uability

Accommodations

0 444 Well11e
RI 440 0.her Civil Rights

Mo&lt;ions to VacaIe
Sentence

0 530 Habeu Cor,,us
0 540 Mandamus&amp; 0.her
0 550 Civil Rigl,ts

0 422

AgricuNure
Food &amp; D&lt;ug
Uquo, Laws
640 R.R. &amp; lhJct&lt;
650 Alrino Regs
660 Occupational
Safety/Health

690

0 423

0

0
D
0

Aw•••
28 USC 158

PROPERTY
RIGHTS

°'""'

Fair LabOr Standards
A&lt;,!
720 Labor/Mgmt ..
Relations
730 Labot/Mgmt.
Repor1ing &amp;
OisciOSute Act
740 Roilway Labol
A&lt;,!
790 Olher Labo&lt;
Litigation
791 Empt. Ret. Inc.
Security AC1

0
0
0
0
0
0

861 HIA (139511)
862 Black Lung (9231
863 OIWC (405(g)}

863

OtWW (405(g))

864 SSID rrlle XVI
865 RSI (405(g)}

0&lt; Defendant)

IRS-Third Party
26 USC 7609

0
0
0

0

0
D

0

VI. ORIGIN
~

1 Original
Proceeding

(PLACE AN x IN ONE BOX ONLY)
0 2 Removed from
State Court

VII. REQUESTED IN
COMPLAINl:

0 3 Remanded from
Appellate Court

CHECK IF THIS IS A CLASS
l8l UNDER F.R.C.P.23

VIII. RELATED CASE(S)
IF ANY

(See instructions):

/-:)

DATE

ACTION

DEMAND$

Lynn Hispanic Advisory Council,

0 6 Multidistrict
Litigation

Corrupt Organ,zations
Selective Serv,ce
Secun11es/Commodit1es/
Exchange
875 Customer Chaflenge
t2 USC 3410
891 Agncuttural A&lt;ols
892 Economic Stabltizat1on
Act
893 Environmenlal Manors
894 Energy Allocauon Act
895 Freedom o1
lnfOfmat,on Act
900 App,ealot Foo OeIerm1nat1
on
Under Equal Access to
Justice
950 ConsI11Utionalityof
State Stallltes
890 Other Statutory
Aceions

Appeal to District
0 7 Judge lrom
Magistrate
Judgment

Check YES only if demanded in complaint:

JURY

DEMAND:

□ YES

!XNO

et al. v. John H. Lawson, et al.

:::.i:..:.:::..::.._=.:=~J~U~D~G~E;...-~Kre~e:::.;:f~o__~n:...&lt;..-----'---D-O~C~K~E=TNUMBER_8,.,_,_.5~-~2L4"--L/_5.__
___
_

SIGNATURE OF ATTORNEY OF RECORD

31 July 1987 L:fb;,,,~
UNITED STATES DISTRICT COURT

O 4 Reinstated or
Reopened

Transferred from
0 5 another district
(specify)

Racketeer Influenced anci

D 810
0 850

0
0

FEDERAL
TAXSUITS
0 870 Ta,os (U.S. Plaintiff
0 871

State
Reapporoonment
D 410 Antitrust
0 430 Bank$ and Banking
0 450 Commerce/ICC Ra1es/e1c.
0 460 Depcnaoion

D 470

Copyrigh1s
Patent
Trademark

SOCIAL
SECURITY

D 710

0

0 400

Withdrawal
2a use 1s1

0 820
0 830
0 840

LABOR

PRISONER
PETITIONS
0 510

610
620
630

nTUCRSTATUTES

BANKRUPTCY

�I

•

-

INSTRUCTIONSFOR ATTORNEYSCOMPLETING CIVIL COVE,N.SHEET FORM JS-44
Authority For Civil Cover Sheet
The JS-44 civil coversheet and the information contained herein neither replaces nor supplements the filings and service or pleadings or other papers
as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference orthe United States in September 1974. is required
for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently a civil cover sheet is submitted to the Clerk or Court for each
civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs - Defendants. Enter names (last. first. middle initial) or plaintiff and defendant. If the plaintiff or defendant is a Government
Agency. use only the foll name or standard abbreviations. Ir the plaintiff or defendant is an orficial within a government agency. identify first the agency and then
the official. giving both name and title.
(b) County or Residence. For each civil case filed. except U.S. plaintiff cases.enter the name of the county where the first listed plaintiff resides
a1 the time or filing. In U.S. plaintiff cases. enter the name or the county in which the first listed derendant resides at the time of riling. (NOTE: In land
condemnation cases. the county of residence of the "defendant" is the location of the tract or land involved).
(c) Attorneys. Enter firm name. address. telephone number. and attorney or record. If there are several attorneys list them on an attachment.
noting in this section "{see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8 (a). F.R.C.P. which requires that jurisdiction be shown in pleadings. Place an
.. X" in one or the boxes. If there is more than one basis of jurisdiction. precedence is given in the order shown below.
United States plaintiff. (I) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and orficers or the United States are included here.
United States defendant. (2) When the plaintiff ir suing the United States. its officers or agencies. place an X in this box.
Federal question. (3) This refers to suits under 28 U.S. C. 1331where jurisdiction arises underthe Constitution of the United States. an amendment to
the Constitution, and act or Congress or a treaty or the United States. In cases where the U.S. is a party. the U.S. plaintiff or derendant code takes
precedence and box I or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332 where panics are citizens or different states. When Box 4 is checked. the
citizenship or the different panics must be checked. (See Section III below.) (Federal question actions take precedence over diversity cases.)

III. Residence(citizenship) of Principal Parties. This section of the JS-44 is to be completed ir diversity of citizenship was indicated above. Mark
this section for each principal party.

IV. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description or the cause.
V. Nature of Suit. Place an" X" in the appropriate box. Ir the nature of suit cannot he determined. be sure the cause or description. in Section IV
above. is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature or suit. If the cause fits more than one
nature of suit. select the most definitive.
VI. Origin. Place an "X"

in one or the seven boxes.

Original Proceedings. {I) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in statecourts may be removed 10the district couns under Title 28 U.S.C .. Section 1441.When
the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded 10 the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district coun. Use the reopening date as the filing date.
Transferred from Anulher District. (5) For casestransforred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority or Title 28 U.S. C. Section 1407.
When this box is checked do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate's decision.

VII. Requested in Complaint. Class Action. Place an "X"

in this box if you arc filing a class action under Ruic 23. F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands or dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS-44 is used 10 reference relating pending cases ir any. Ir there are related pending cases. in sen the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

(07/86)

�UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1.

TITLE OF CASE (name of first
party on each side
Council,
et al. v. George Kouleharas,
et al.

2.

CATEGORYIN WHICH THE CASE BELONGS, BASED UPON THE NUMBEREDNATUREOF SUIT LISTED
IN THE CIVIL COVER SHEET: (SEE LOCAL RULE 8(a))

___

Hispanic

I.

160,

410,

R.23,

II.

195,
710,
840,

368,
720,
850,

400,
730,
890,

440, 441-444,
540, 550,
740, 790, 791, 820·, 830,
892-894-, 895, 950.

III.

110,
240,
345,
380,

120,
245,
350,
385,

130,
290,
355,
450,

140,
310,
360,
891.

151,
315,
362,

190,
320,
365,

210,
330,
370,

230,
340,
371,

220,
620,
870,

422,
630,
871,

423,
640,
875,

430,
650,
900.

460,
660,

510,
690,

530,
810,

610,
861-865,

150,

152,

153.

•••

440

only)

IV.

v.

regardless

of nature

Parents

of suit.

'
I.

/_~/~

4.

TITLE AND NUMBER, IF ANY, OF RELATED CASES (see Local Rule 8(d)
Lynn Hispanic
Parents
Advisory
Council,
et al. v. John H. Lawson,

·~
J_ 'f?

et

al.

s=-K,
No. 8 -

HAS A PRIOR ACTION BETWEENTHE SAME PARTIES AND BASED ON THE SAME CLAIM EVER BEEN
FILED IN THIS COURT?__

5.

fa

~VLA'

~3.

Advisory

~No=------------------------------

.rtn/.1--.

7

&amp;.0 g

DOES THE COMPLAINTIN THIS CASE QUESTION THE CONSTITUTIONALITY OF AN ACT OF CONGRESS,
AFFECTING THE PUBLIC INTEREST?__ ~N~O:._
_______________________
_
IF so, IS THE us OR AN OFFICER, AGENT OF EMPLOYEEor THE us A PARTY?________
_
(see 28 USC 2403)

6.

IS THIS CASE REQUIRED TO BE HEARDAND DETERMINEDBY A DISTRICT COURT OF THREE JUDGES
PURSUANTTO TITLE 28 USC 2284? __ ~N~o:._
_______________________
_

7.

DO ALL PARTIES IN THIS ACTION RESIDE IN THE WESTERNSECTION OF THE DISTRICT OF
MASSACHUSETTSIN THE COUNTIES OF: No
Berkshire,

8.

Hampden,

and Hampshire

DO THE ONLY PARTIES IN MASSACHUSETTSRESIDE IN THE WESTERNSECTION?
YES__

9.

Franklin,

_

NO No

IF ANY OF THE PARTIES ARE THE US, THE COMMONWEALTH
OF MASS, OR ANY GOVERNMENTAL
AGENCY
OF EITHER THE US OR THE COMMONWEALTH,
DO ALL OTHER PARTIES RESIDE IN THE WESTERN
SECTION OF THE DISTRICT_~N~o:.____________________________
_

Roger L. Rice
Alan Jay Ran
Thayer Frerront-Smi th
(Please
Print)
Camilo Perez-Bustilo
La.W¥ers Corrmittee
for
Choate,
Hall &amp; Stewart
At to rne y ' s Name.-.!MET==!1\c!.....:P~r::.:O:::.J.i.:.
ec=t.=.._
______
cl.c.l,iv.ll..L1
..1.J
.....oR..&amp;.i
yg.uh..1.t.;:is......uU.uuud.=e:L.t-.J..l
o,;1,all.l.w'-------'S::.:3::.....!S"-ta"""'-'t,.,e"'-'S"-tr&gt;==..:e:::
-'Ex~c""h..,an=g::i:e::::.
Bldg .
7 Story Street
of the Boston Bar Assoc.
32nd Floor
Address _____
Carnb==r~1~·d~g~e;::_,__,~MA:...:..;.._0~_21_3_8
___
.~2~9~4_w
.......
a~s~b.i~n~g~t~a~n'--'-'S~t~r~e~e~t--~Bo=s:::.t=o~n=--«~MA=-~0~2~1~0~9"-Boston, MA 02108
Te le phone No. _ __:::6.=.l
7.:..1./__;4:.::9-=.5_-9:..:2::..:6:.:1:..__
___
__;6~1~7-'-/--"'-4~8
2.,_--=l:.:l:..:=4.:,!.5
_____
....;6::.:1::..:.7.,_/-=22=-7'--...;;5..;;;.0.;:;.20,;:;._
____
_

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                  <text>These research files were collected while writing the paper titled &lt;a href="https://scholarworks.umb.edu/iaas_pubs/53/"&gt;"The History Matters: Fighting for Equal Education in Lowell, Massachusetts, 1970-1990"&lt;/a&gt;, published by the Institute for Asian American Studies at the University of Massachusetts Boston.&lt;br /&gt;&lt;br /&gt;The supplemental materials provided in this collection cover the story of how Southeast Asian and Latino parents in Lowell confronted the Lowell School Committee in the late 1970s and 1980s, demanding that schools be desegregated and that their children have equal education opportunities.&lt;br /&gt;&lt;br /&gt;Some items are restricted from online publication due to copyright law. Researchers can access these materials upon request.</text>
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                <elementText elementTextId="34460">
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                <elementText elementTextId="34461">
                  <text>Khuon, Chrisna</text>
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            <element elementId="48">
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              <description>A related resource from which the described resource is derived</description>
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                <elementText elementTextId="34462">
                  <text>Born digital collection preserved at the Center for Lowell History. Donated by Bob Forrant in May 2025.</text>
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            <element elementId="47">
              <name>Rights</name>
              <description>Information about rights held in and over the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34463">
                  <text>In Copyright - Educational Use Permitted: This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. In addition, no permission is required from the rights-holder(s) for educational uses. For other uses, you need to obtain permission from the rights-holder(s).</text>
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                  <text>No Copyright - United States: This item is believed to be a part of the Public Domain under the laws of the United States.</text>
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            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
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                <elementText elementTextId="34531">
                  <text>Spanish</text>
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            <element elementId="49">
              <name>Subject</name>
              <description>The topic of the resource</description>
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                  <text>Public schools</text>
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                <elementText elementTextId="34521">
                  <text>School facilities</text>
                </elementText>
                <elementText elementTextId="34522">
                  <text>Immigrant students</text>
                </elementText>
                <elementText elementTextId="34523">
                  <text>Racism in education</text>
                </elementText>
                <elementText elementTextId="34524">
                  <text>Educational equalization</text>
                </elementText>
                <elementText elementTextId="34525">
                  <text>Education, bilingual</text>
                </elementText>
                <elementText elementTextId="34526">
                  <text>Latin American students</text>
                </elementText>
                <elementText elementTextId="34527">
                  <text>Hispanic American high school students</text>
                </elementText>
                <elementText elementTextId="34528">
                  <text>South Asian American students</text>
                </elementText>
                <elementText elementTextId="34572">
                  <text>Legal briefs</text>
                </elementText>
                <elementText elementTextId="34573">
                  <text>Racism against Asians</text>
                </elementText>
                <elementText elementTextId="34574">
                  <text>Veterans</text>
                </elementText>
                <elementText elementTextId="34575">
                  <text>Public housing</text>
                </elementText>
                <elementText elementTextId="34576">
                  <text>Gentrification</text>
                </elementText>
                <elementText elementTextId="34577">
                  <text>Immigrants--Housing</text>
                </elementText>
                <elementText elementTextId="34578">
                  <text>Education, bilingual</text>
                </elementText>
                <elementText elementTextId="34579">
                  <text>School boards</text>
                </elementText>
                <elementText elementTextId="34580">
                  <text>School integration</text>
                </elementText>
                <elementText elementTextId="34581">
                  <text>Racism against Hispanic Americans</text>
                </elementText>
                <elementText elementTextId="34582">
                  <text>Puerto Ricans--United States</text>
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                <elementText elementTextId="34647">
                  <text>City council members</text>
                </elementText>
                <elementText elementTextId="34648">
                  <text>Social work with immigrants</text>
                </elementText>
                <elementText elementTextId="34649">
                  <text>Cambodian Americans</text>
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                <elementText elementTextId="34650">
                  <text>Lawyers</text>
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            <element elementId="42">
              <name>Format</name>
              <description>The file format, physical medium, or dimensions of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34529">
                  <text>PDF</text>
                </elementText>
                <elementText elementTextId="34530">
                  <text>m4a</text>
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            <element elementId="51">
              <name>Type</name>
              <description>The nature or genre of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34532">
                  <text>Text</text>
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                <elementText elementTextId="34533">
                  <text>Audio</text>
                </elementText>
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            <element elementId="38">
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              <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
              <elementTextContainer>
                <elementText elementTextId="34534">
                  <text>Lowell (Mass.)</text>
                </elementText>
                <elementText elementTextId="34657">
                  <text>Revere (Mass.)</text>
                </elementText>
                <elementText elementTextId="34658">
                  <text>Cambridge (Mass.)</text>
                </elementText>
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            <element elementId="37">
              <name>Contributor</name>
              <description>An entity responsible for making contributions to the resource</description>
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                <elementText elementTextId="34651">
                  <text>Yem, Paul Ratha</text>
                </elementText>
                <elementText elementTextId="34652">
                  <text>Perez, Camilo</text>
                </elementText>
                <elementText elementTextId="34653">
                  <text>Kiang, Peter</text>
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                <elementText elementTextId="34654">
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            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
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              <elementText elementTextId="34519">
                <text>1988-1989</text>
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          </element>
          <element elementId="41">
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            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="34535">
                <text>Lawsuit and settlement documents pertaining to the Lowell Hispanic Parents Advisory Council et. al., vs. George Kouloheras, et. al. case.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="49">
            <name>Subject</name>
            <description>The topic of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="34536">
                <text>Legal briefs</text>
              </elementText>
              <elementText elementTextId="34537">
                <text>Public schools</text>
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              <elementText elementTextId="34538">
                <text>School facilities</text>
              </elementText>
              <elementText elementTextId="34539">
                <text>Immigrant students</text>
              </elementText>
              <elementText elementTextId="34540">
                <text>Racism in educations</text>
              </elementText>
              <elementText elementTextId="34541">
                <text>Educational equalization</text>
              </elementText>
              <elementText elementTextId="34542">
                <text>Education, bilingual</text>
              </elementText>
            </elementTextContainer>
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          <element elementId="47">
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              <elementText elementTextId="34543">
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          </element>
          <element elementId="42">
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                <text>Lowell (Mass.)</text>
              </elementText>
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Prepared by:
·THE LOWELLPUBLICSCHOOLSAND
BUREAUOF EQUALEDUCATIONALOPPORTUNITY

Henry J.Mroz
Superintendent of Schools

George A. Tsapatsaris
Project Director
Michael Alves, Project Director for
Desegregation Assistance
Bureau of Equal Educational Opportunity
State Department of Education
Dr. Charles Glenn, Director
Bureau of Equal Educational Opportunity
State Department of Education

Approved by the Lowell School Committee on Tune 11, 198 7
(Containing All Amendments and Clarifications as of February 14, 1996)

�TABLE
OFCONTENTS
L

THE PROBLEM

IL

THE REMEDY

.A.

Interim Measures

B.

Long Term Measures
1. Scope of the Policy

2. School Selection and Assignment Procedures
2.1 Procedures for Centralized Enrollment
2.2 Early and Continuous School Assignments
2.3 Parent Organization and Outreach
2.4 Criteria for Assignment
2.5 Magnet Schools and Programs
2.6 Dissemination of Information
2. 7 Certification of Address
2.8 Transfers
2.9 Assignment Appeal Process
III.

TABLES

NOT INCLUDEDHEREIN-- ATTACHEDTO ORIGINALVERSIONAND KEPT
ON FILE IN THE CHAPTER636 OFFICEOF LOWELLPUBLICSCHOOLS

1. Minority Enrollment by School (1986-87)

. 2. Space Utilization
3. New Students by School
3-A New Kindergarten Students by School (1986-87)
3-B New 1-8 Students by School (1986-87)
4. Zone Configurations (1987-88)
5. Students Enrolled in School Outside of their
Current Attendance Areas
'"'-APPENDIX
I.
IL
IIL

IV.

NOT INCLUDEDHEREIN- ATTACHEDTO ORIGINALVERSIONAND KEPT
ON FILE IN THE CHAPTER636 OFFICEOF LOWELLPUBLICSCHOOLS

Racial Ethnic Enrollments (1986-87)
Considerations for Assessing Student Assignment Plans
Questions and Answers on new Assignment Policy
Controlled Choice in Other School Districts

�,

I --

SECTIONI
THE,PROBLEM

�-----~-I

I

THE PROBLEM

Over the past several years, the Lowell Public Schools has experienced
minority isolation due to a combination of factors:
a.

Influx of unanticipated minority students, the first language of
most of whom is not English.

b.

The System was not prepared to house this rapid increase.

c.

The majority of these students required Bilingual education, which
placed an inordinate strain on the system's limited capacity.

d.

Since 1982, there has been 12.7%increase in minority students
from 18.9%in 1982 to 31.56%in 1986. (See Table I).

In attempting to address the increasing needs for Bilingual students, the
Lowell Public Schools has taken the following action:
1.

Renovated classroom space;

2.

Rented the Moore Street School and paired it with
the Cardinal O'Connell School;

3.

Rented the Lowell Boys Club and Y.M.C.A.

However, these measures were inadequate because they did not solve our
continuing problem of lack of adequate school space and of intensified
minority isolation. Consequently, the District is faced with the problem in
identifying adequate instructional space for the following students effective
September, 1987.
NEEDTO HOUSEFOR SEPTEMBER,
1987:
1.

6
2
8

16

2.

1
2

2
1
6

New Bilingual Spanish classes K-6
New Bilingual Laotian classes Grade 1
New Bilingual Cambodian classes K-6
(Total of Bilingual Classes) (342 Total Bilingual Students)
Standard
Standard
Standard
Standard
(Total of

class at the Leblanc School, Grade 6
classes at the Molloy School, Grades 2 &amp; 4
classes at the Pawtucket Memorial School Grades 1 &amp; 2
class at the Bartlett School, Grade 2
Standard classes) (150 Total Standard Students)
Page 1 (Edited 7/19/96)

�------------

I

3.

NEWSTIJDENTS
AND AVAIIABLESPACE.

The problem of lack of space is also demonstrated by the fact that the
system currently has only 3 57 available seats scattered throughout its 2 6 K-8
schools. If the system enrolls the same number of new students (Grades 18) in 1987-88. as it did in 1986-87, there may be a shortage of 976 seats in
grades 1-8. (See Tables 2 and 3)
In sum, the District will need to accommodate at least 1,471 standard and
bilingual students effective Sept~mber, 1987.

Page 2 (Edited 7/19/96)

�SECTIONII
· THE REMEDY
.

..

�II.

REMEDY

-'i

The fallowing measures have been designed to provide both an interim
and Long-Term solution to the problems of increasing minority isolation
and lack of available school space.
A. INTERIMMEASURES

In order to provide adequate space for September, 1987 the
following actions must be taken immediately:
•
1. Pairing of the Riverside and Joseph Pyne Schools and the establishment
of 8 bilingual classes in that district.

Joseph Pyne -- Grades K-3
Riverside -- Grades 4-6
2. Modular/Portables -- 8 in total to be located at:
Joseph Pyne {K-6)- 2
(4 classrooms to· increase capacity for standard, special education

bilingual ) •

Reilly (K-6)- 2
(Total of 4 classrooms to increase capacity for bilingual classes)
Molloy- I
(2 classrooms to increase capacity for standard classes)
Pawtucket Memorial (K-6)-2
(4 classrooms - increase capacity for 2 standard and 2 bilingual)
Leblanc (K-6)- 1
(2 classrooms to increase capacity for 1 standard and 1 bilingual) •
1

On the basis of these measures, the District will increase its hlstructional capacity by
24 classrooms that will accommodate approximately 600 students for standard,
bilingual and special education services.
3. Central Street School will be reallocated to house the offices of the
bilingual department presently located at Lowell High School, thus
freeing up two (2) classrooms for bilingual instruction in grades 9 - 12.

1

Edited
Page 3 (Edited 7/19/96)

�TIMELINE
SEPTEMBER
1987

1.

Pairing of Joseph Pyne/Riverside,

2.

Opening of Central Street School for Bilingual Offices.

3.

Modules/Portables

B. LONG - TERMMEASURES:

Concurrent with the implementation of the above Interim Measures, the
District will initiate a new Centralized Enrollment Policy that will maximize
parental choice and effective school desegregation. This policy will also
insure maximum efficiency in the future utilization of all school facilities. The
proposed policy is an adaptation of the "Controlled Choice" method of
assignment that has been successfully implemented in other Massachusetts
School districts, e.g., Cambridge, Fall River. (See Attachments)
1. SCOPEOF THE POLICY

In order to reduce minority isolation and maximize student access to
educational expectations at the K-8 level, Lowell Public Schools shall
adopt a new student assignment policy that will not be dependent on
the City's residential housing patterns and which will better
accommodate the programmatic needs of its linguistic minority
students. A review of possible student assignment techniques suggests
that the District can best resolve the problem of minority isolation by
expanding parent choice outside of their immediate neighborhoods.
Such an assignment policy will enable all parents to select schools and
programs they deem most appropriate for their children within the
constraints of minority balance and space availability.
This policy will provide a self-correcting mechanism that will prevent reisolation, thereby ensuring stability of assignments. The policy will also
serve as an innovative planning tool that will facilitate the creation of
new magnet or specialized schools and programs while stimulating the
development of more instructionally effective and enhanced
educational opportunities in all schools. As the permanent method of
assignment, the Centralized Enrollment Policy will govern all student
assignment decisions at the K-8 level, including; new admissions, intra• Page 4 (Edited 7/19/96)

�district transfers, the mainstreaming of T.B.E.and special needs
students into standard education classes, and the reassignment of
students due to school closures, consolidations, expansions, gradelevel reorganization and new construction. The key elements of the
Centralized Assignment Policy \Villinclude:
Consolidation of all eX1sting attendance boundaries into 2
educational zones. (See Table 4). The zones have been designed to
give minority and majority parents a range of school choices with
each zone reflecting the existing racial and ethnic diversity of the
Lowell Public Schools.
All students currently enrolled in the District in grades K-8 will have
the right to continue in their present schools so long as they are at
appropriate grade levels and will not be subject to involuntary
reassignment.
All 1-8 students who will be new to the District in the 1987-88 school
year, will undergo a centralized student registration process during
which their parents will be given the opportunity to express
preferences for the schools and programs they want their children
to attend within their particular geographic attendance zone. Parents
will be allowed to select as many schools as are available by their
own rank of preference. While no student will be guaranteed their
first choice school (although most will get their first choice), all
students will be guaranteed stability of assignment once assigned.
All final assignment decisions will be made by the District's Student
Assignment Officer subject to the constraints of minority balance
and space availability at grade-level. In the event of oversubscription
of minority and/or majority students, the priority of assignment will
be as follows:
a. Staying with older brothers and sisters
b. Children who live closest to the school
c. Random lottery

(Sibling Preference)

Mandatory Back-Up. In the event that a student's schools of choice
cannot be accommodated, the student will be assigned to the
school closest to their home that meets the desegregation-related
provisions of the Policy.
Page 5 (Edited 7/19/96)

�The above provisions will also apply to all students seeking to
transfer into a different school and to all bilingual and special needs
students who are being mainstreamed into regular education
classes. Every effort will be made to allow these students to remain
in their current schools, so long as their assignment does not violate
the desegregation provision of the policy.
2. SCHOOL
SELECTION
AND ASSIGNMENT
PROCEDURES

This policy is designed to provide maximum choice for parents in
selecting the schools their children will attend, within the constraints
imposed by the available space, the requirements of minority balance
and the special requirements of bilingual and special needs children. It
provides stability of assignment for children and, at the same time, a
mechanism for adjusting the minority balance of the schools, as
needed, without unnecessary movement of students. It gives a priority
in assignment to current residents of the city over later arrivals. All
students that are new to the system and those who want a change in
school (transfer) will be subject to the policy.

2. 1 Procedures

for Centralized Enrollment Policy:

Year One: 1987-88 School Year

a.

Students currently in public schools:

The school to which a student is assigned
"home school". Every effort will be made
the school until graduation. Each regular
he/she will not be moved for the purpose
requesting a voluntary transfer.
b.

as of June 198 7 will become his/her
to allow the student to remain in
day student is guaranteed that
of minority balance unless

New and Transfer Students:

Students K-8, newly entering the school system and those requesting a
transfer of school will be subject to the provisions of the student
assignment policy. All such assignments will be made by the Student
Assignment Officer.

Page 6 (Edited 7/19/96)

�2. 2

Early and Continuous Student Assignments:

Year Two: 1988-89 School Year
There will be monthly registration periods for parents of preschool children
and those children who will enter into the school system in September of the
following school year. They will be required to register their children in one of
two Parent Information Centers beginning in December and continuing through
August of the year prior to initial student entrance. At the end of each
monthly registration period, assignments will be made, with parents being
given a period of tim~ to indicate whether they will accept the assignment.
Parents who receive assignments from January through March will be asked to
reconfirm their intention of having their children attend the Lowell Public
Schools in the fall: This will eliminate holding space for children from families
whose plans have changed, and will facilitate the spring assignments.

2. 3

Parent Organization and Outreach

Every effort will be made to ensure that all parents know about the· early
registration period and the procedures involved. An intensive parent outreach
program will be held during the months of October and November. There will
be announcements in the press and other media; notices through the schools
to parents who may have younger children; announcements to all preschools
and day care centers and to community centers and other organizations.
The parent Information Center(s), and all. relevant staff will have the
information parents will need in order to make informed decisions about
schools. Parents will be encouraged to visit the schools that might interest
them prior to registration, in order to make choices as to their preferences.

2. 4

Criteria for Assignment: (As Am.ended)

The criteria for assigning students will be defined as fallows:
a. Parental Preference: At the time of registration, or at the time a
transfer is requested, a l?arent may select three or more schools, in
order of preference as follows:
. For students residing in Zone 1 and the Lincoln School neighborhood,
parents may choose schools in Zones 1, 3 and 4.
,
. For students residing in Zone 2 and the Cardinal O'Connell and Moody
Schools neighborhoods, parents may choose schools in Zone 2, 3 and
4.
Page 7 (Edited 7/19/96)

�Students who move from one geographical zone to the other in the
City may request to remain in the school they presently are attending
prior to change of address provided that:
• The minority /non-minority balance of the school is not adversely
affected
• The parent provides transportation to and from school; or, the
child's transportation needs can be accommodated by existing
school bus routes.
'
Parents/Legal Guardians may request a school of choice outside the
Zone in which they reside based on their child care needs provided
that:
• There is space available at the grade level at the school.
• The minority/non-minority balance of the school is not adversely.
affected.
• The parent provides· transportation to and from the school.
Assignment decisions considering this request will be made after July 1
of each year in order to allow those kindergarten children living within
attendance zones to have adequate opportunity for school choice.
Every effort will be made to accommodate the parent's preference,
within the system of priorities established in this policy. If it is not
possible, for any reason, to grant one of the parent's choices, and the
parent has reason to be dissatisfied with the child's assignment, that
. parent may file an appeal under Section 2.9 "Assignment Appeals ,
Process."
b. Space Available:
Space available in a particular school, program or grade will be defined
according to the policy in effect as to class size and instructional
capacity, so long as it does not disrupt existing classes.

Page 8 (Edited 7/19/96)

�I-

c. Special Needs of the Student:
Students requiring a special education program -willbe assigned
according to the TEAM evaluation process, regardless of other
provisions of this policy.
Students requiring and agreeing to a bilingual program (TEE)will be
assigned to such a program, regardless of other provisions of this
policy. Students who no longer require a substantially separate special
needs placement and those students who have completed their
bilingual program (mainstreamed) will be considered "new" students and
will be subject to the provisions of student assignment policy. (See B 1
Section 6).
d. Sibling Preference:
All Students whose parents make timely applications for a particular
school and already have other children attending a school of choice will
be given a priority of assignment to that school for their racial group.
e. Minority Balance:
Transfers and new assignments, except as noted previously, must meet
the requirements of minority /non-minority balance. The goal is to
achieve a minority /non-minority percentage within each school, program
and grade that reflects, within ten percentage points, above or below,
the minority /non-minority percentage of the zone as a whole-.
Accordingly, all new assignments and transfers effective in the next
school year will be assigned on a minority /non-minority basis calculated
for each of the zones plus or minus 10%;these percentages will be
posted by June 1st prior to the new school year.
f. Place of Residence:
All other priorities being equal; the student, living within the school
neighborhood street directory as defined by the Lowell School
Committee, will have priority of assignment for his/her racial group.
g. Random Lottery:
In the event that, after considering all other priorities, there are still
more student applications than available space, the Office of the
Student Assignment Officer will conduct a random lottery in order to
fill the available space.
Page 9 (Edited 7/19/96)

�h. Waiting list
A parent whose child cannot, for any reason, be assigned to the school
or program of his/her first choice may have the child's name place on a
waiting list for the first suitable vacancy. Students on the waiting list will
have priority, in case of an available vacancy, over new entrants to the
school system. Waiting lists will be subject to criteria of the student
assignment policy and will'be updated monthly.

2. 5

Magnet Schools and Programs:

Applications for existing.magnet schools must meet the same criteria as
other applications. The applications procedure is the same. However, the
Arts and City Magnet Schools will remain city wide schools of choice, while
the Rogers, Bartlett, Green, Greenhalge and Llncoln will become Zone magnets.

2.6

Dissemination of Information:

Information about the student assignment policy and about various schools
and programs for which parents may apply will be circulated as widely as
possible and on a timely basis. In addition to announcements in the press
and other media, parents may seek assistance from the Parent Information
Center(s), and they will be encouraged to visit schools and otherwise make
informed decisions before they register their children in the Lowell Public
Schools. Information will be provided in English, Spanish, Portuguese and
other languages as needed.

2. 7

Certification of Address:

a

All entering students, and current students upon request, must submit
properly documented certification of address form to the Student
Assignment Officer. The Student Assignment Officer will be responsible for
verifying addresses as necessary.

2. 8

Transfers:

(As Amended)

Students who move from one address to another within the city of Lowell will
not be required to transfer to another school during that current school year.
However, the parent of such a student may need to request a transfer due to
transportation conflict.
Page 10 (Edited 7/19/96)

�Once a student has attended a school, a parent who is dissatisfied with the
assignment may request a transfer. Only one transfer per year will be
allowed; such a transfer mu.st be requested in writing through the prescribed
Parent Information Center process no later than October 20th of the school
year or no later than 45 calendar days after the initial placement of the
student in the school.
No transfer will be made that violates minority /non-minority balance or to a
school or program in which there is not sufficient space. A parent whose
request for a transfer is denied may file for an appeal under 2.9 Assignment
Appeals Process.
i

2. 9

Assignment Appeals Process: (As Amended)

A parent whose child has not been assigned to one of their first three
preferences and who is dissatisfied with the assignment or transfer, after
exhausting all of the options of the Student Assignment Policy or having
grounds to believe the policy was not followed, may file an appeal to an
independent Student Assignment Appeals Board. The Board will review each
case referred to it and will make timely decisions on the disposition of the
appeal. It will not violate the desegregation related provisions of the policy.
A copy of the decision will be sent to the parent(s) and the Student
Assignment Officer. Proceedings of the Appeals Board will be recorded by a
secretary, and all records will be maintained accurately.

IMPLEMENTATION

The new Centralized Enrollment Policy will be implemented in two phases.
Phase One will be implemented during the 1987-88 school year and will impact
students in grades 1-8 in the Lowell Public Schools. Phase Two will be
implemented in the 1988-89 school year and will impact all K-8 students newly
enrolling in the district. Prior to the implementation of Phase One, the District
will establish the Office of Implementation that will be responsible for the
school selection and assignment process. This office will be staffed by a
Director, a Student Assignment Officer and a City-Wide Parent/Community
Coordinator. The Office of Implementation will be responsible for the overall
implementation of this plan.
Page 11 (Edited 7/19/96)

�ATI ACHMENTIl

Considerationsfor AssessingStudent AssignmentPlansAugust 1982
The following "common Sense" considerations have served as the basis
for evaluating student assignment plans in Cambridge, Holyoke, Worcester,
and other Massachusetts cities, as well as elsewhere in the United States.
Any plan represents a compromise among these and other considerations; it
is unrealistic to expect that each concern will be satisfied fully. Experience
suggests that a prior agreement to take all of the considerations seriously
makes it much more likely that all of the concerned parties will find a
cpmmon ground which all can accept and live with.
It would be entirely appropriate to give some of the considerations
heavier weight than other--so long as there is general consensus--or to agree
to additional considerations which are special to a particular situation. It is
much better to do so before starting to discuss the specifics of any plan.
The list below is !lQ.t rank-ordered. Each item will be explained.
stability
continuity
conditional choice
fairness of burden and benefits
consistency
protection of untypical programs
parent and community support
encouragement of initiative

effective desegregation
clarity
freedom from manipulation
"benignity"
appropriate time-frame
potential for implementation
safety and security
comprehensiveness

STABILITY
A stable plan builds upon what has already been accomplished as far
as possible, since any changes--especially in a system which has experienced
many--has a cost to parents, students, teachers and administrators, along
with possible benefits.
In particular, sweeping condemnations of the present reality should be
avoided. It is more useful to try to identify the specific elements which are
having undesired effects, and to test whether there are some very specific
and limited remedies available. This of course does not apply to situations in
which a court has found that official action has led to system-wide
segregation--and has not been corrected.

�Generally, stability in most elements of a plan will result in continuity of
education for most students; assurance of future stability encourages
parents and staff to work for specific improvements, with some confidence
that they will not have the benefits snatched away by unpredictable change.

CONTINUITY
Parents, students, and teachers should have some assurance that they
will not be subject to on-going change in the future, except as they seek such
changes. Necessary changes - as a result of school closings, for example should be projected well in advance and the impact lessened by phased
implementation (see below under "appropriate time-frame").

CONDmONAL
CHOICE
We expect to be able to make choices in many areas of our lives, and
we value the opportunity to choose schools and programs. Development of
magnet schools and other "option for excellence" (in Chicago's phrase)
around the country has shown that the exercise of choice can increase
commitment to the schools· and excitement about education, as well as
further desegregation and respond to the human diversity of students.
There is no reason that choice has to be limited to "magnet schools",
as the Cambridge desegregation plan demonstrates in an unusually
consistent way. On the other hand, choice must be "conditional"; that is, it
must operate within constraints which prevent elitism, manipulation,
resegregation, or catering to the educational interests of influential groups of
parents while others are ignored. The subject of appropriate constraints on
voluntary transfer and magnet plans requires careful attention to prevent
abuse. Magnet schools are like a "miracle drug" with power_fulside effects
unless used appropriately.

FAIRNF,SS
OFBURDEN
ANDBENEFITS
A plan should ideally place an equal burden of movement, of use of
less adequate facilities, and of inconvenience upon students of each racial
group and from each neighborhood affected. Unfortunately, the distribution
of student population and of the more adequate facilities often results in a
greater burden being borne by minority students, and this may be
compounded by a perception that their parents are less likely to object or to
leave the public schools. Fairness must therefore be a constant concern of
those developing and implementing a student assignment plan, and such
decisions as school closings or the location of new facilities should be made

�:1

with the intention of remedying·, so far as possible, the effect of unequal
burdens. One of the strengths of Boston's Unified Facilities Plan (October
1979) was its attempt to redress some of the inequities causec;lby earlier
decisions.
•
Benefits should also be distributed fairly, including the opportunity to
attend a magnet school. The recently-approved Springfield (MA)high school
desegregation plan includes provisions to improve the access to
vocationally~relevant programs for female and minority students by upgrading opportunities for all and aggressive recruitment of under-represented
groups of students. •

CONSISTENCY
While a sound plan may encourage diversity in the interest of choice,
school-level initiative, and responsiveness to student diversity, it will also be
concerned for consistency in curriculum, grade structure, administrative
practices, and expectation. It is important to assure that students who
change school for any reason do not lose educational ground, and to
facilitate evaluation and accountability. A"foolish consistency" or rigidity
should not be insisted upon,'but the consistency test should be applied to
every element of a plan and only set aside for good reason and with
adequate safeguards~

PROTECTION
OFUNTYPICAL
PROGRAMS
Programs of bilingual instruction, special education, "enrichment,"
remediation and so forth should be fitted very carefully into any student
assignment plan. Any impact upon such programs should be as the result of
a policy decision and not of "unanticipated consequences" of student·
assignments. While each program has its own purpose and requirements,
there are two primary considerations which apply as untypical (or "atypical")
programs are fitted in: assuring that the program is as separate as it needs
to be to meet its educational objectives, and assuring that the program--and
its students--are no more separate than is strictly necessary.
For example, a bilingual program requires a sufficient number of
classes, students and teachers to provide continuity and support and
students needing a bilingual program require assurance that their assignment
to one will have priority over other considerations. Some school systems
have tried to meet these objectives by housing only bilingual students in
leased facilities. Such as approach denies students the right to be integrated
with others in all ways consistent with their educational program, and

�complicates and retards appropriate mainstreaming on a phased-in ·hasis.
This is a too-brief discussion of a complex issue which has been the
subject of considerable attention by those responsible for such programs;
their help should be sought in assessing any student assignment plan
affecting untypical programs.

PARENT
ANDCOMMUNTIY
SUPPORT
Choice has already been identified as a factor leading to commitment
and support, but other factors must be taken into account as well. If, for
example, many parents do not receive any of their choices, alienation will
result; this argues for careful recruitment strategies which do not appear to
offer opportunities which in fact do not exist. Magnet strategies which result
in all of the students in a school being drawn city-wide may make it harder for
parent support to coalesce. Procedural safeguards against manipulation may
give the schools an impersonal tone which prevents the kind of negotiation
and compromise out of which a common vision can emerge. How to be
responsive without being subject to inappropriate influence is a problem
whicli will not go away; a sound plan will anticipate this problei:nby building in
flexibility wherever it is consistent With the. other considerations.

ENCOURAGEMENT
OFINITIATIVE
Just as influence and choice are incentives on the part of parents (and
older students), so the rewarding of initiative. is an incentive for outstanding
performance from administrators and teachers. "School based managementn
is a valuable support for student assignment plans which allow transfers
through magnet schools or "con~olled enrollment.n
Voluntary transfers into your school or classroom are themselves·
rewarding and they may result in more tangible rewards, such as a school
staying open, or having its budget and staff increased, or even (in some
systems) increased pay for the principal. By the same token, however,
principals and teachers are often unwilling to "give up" students to other
schools, and a sound plan which includes voluntary transfers must include a
recruitment strategy which does not meet convert resistance at the school
level.

EFFECTIVE
PF.SEGREGATION
A sound student assignment plan will show how desegregation will be
achieved or maintained; a difficulty arises in quantifying the degree of

�----------~~I

desegregation necessary. Under Massachusetts law, Pennsylvania re~ations,
and requirements of some other jurisdictions, a fixed percentage of minority
students is set as the maximum-permissible. More commonly, as in the
Boston desegregation orders, a variable percentage is set, linked to-the
overall proportion of each racial group in the system or district. Such
definitions are of course subject to change.
. At a more fundamental level, it is of paramount importance that neither
a student assignment plan nor the operation of voluntary transfers have the
effect of increasing racial isolation. A more subtle point is that an assignment plan should not fail to reduce minority isolation ~ other things
being equal - or effectively prevent the reduction of minority isolation. In
other words, a plan should not commit new official acts which segregate
minority students.
An effective desegregation plan will assure that most if not all (because

of special considerations) schools meet whatever desegregation requirement
is set, and will include provisions for a flexible response to changing students
population which limit resegregation.

CLARITY
While flexibility, options, and incorporation of what_is already working
are all desirable in a student assignment plan, it is also important that it
posses a significant measure of clarity and simplicity so that parents and
teachers can understand it, interpret it, and feel that no "inside information"
is necessary to deal with its provisions. While this is difficult to accomplish,
it argues against a variety of special arrangements and provisions.

•FREEDOM
FROM
MANIPUI.ATION
Any students assignment plan will be undermined--both legally and in
parental support--if it is commonly believed that those with connections or
-inside information can manipulate it to their benefit. While this is an issue
more of the integrity of implementation than of planning as such, it argues for
strong internal monitoring if not centralization of transfer approvals, and for
examination of each proposed element of the plan from the point of view of
its potential for manipulation.

"BENIGNITY"
The student assignment plan should be "benign" in the sense that it
does not cause harm to any aspect of the educational program. A key to the

�outstanding success of the Springfield (1974) and Holyoke (1981)
desegregation plans was that in each case the superintendent was able to
assure parents that education would benefit rather than suffer--and took care
to deliver on that promise. A plan developed by an outside agency is much
more likely (through simple ignorance) to run afoul of educational program,
and this is especially true if school officials have no stake in making it a
success. A sound plan will be worked through in every aspect with
educational leaders to assure that it strengthens instruction and support for
students and that problems are anticipated and dealt with in advance.

APPROPRIATE
TIME-FRAME
Recent experience suggests some value in thinking of a student
assignment plan as progressive, taking advantage of the fact that 25% or
more of students are in a new school each year. Rather than reassign
students, with some inevitable disruption of instruction and relationships, it
may be possible to use the "natural " disruption of movement from
elementary to middle school, for example, to achieve the same desegregation
effect over a period of years. Cambridge has made this approach the key to
its desegregation plan by offering every new student a variety bf options and
then assigning on a basis which supports desegregation.
It is fair to say that, in the past, the Massachusetts Board of Education

has more than once rejected phased-in plans which seemed to offer undue
delays or to place the greatest burden upon the youngest children. There are
some problems with phasing, including administrative complexities, but it may
be time to take a fresh look at how to use the natural turnover of students to
achieve or stabilize desegregation, while assuring continuity to individual
students.
• Looking at assignments as a process over several years than as an
event. at one point in time is especially useful in connection with school
closings, which can generally be anticipated for several years. Arguably, incoming classes should not be assigned to schools from which they will not be
able to graduate.
•

POTENTIAL
FOR
IMPLEMENTATION
Obvious as it may seem, planners do not always take into account the
capability of a school system to implement a particular plan, or the
leadership and incentives which may be required to implement it effectively.
A new magnet plan, for example, may depend upon development of a range
of educational options only vaguely understood by those who will be

I

�responsible for carrying them out, and convincing parents and students that
they should select options which are outside of their previous expectations.
It may assume that teachers and principals will encourage parents to send
their children to other schools (see above), or that complex new
transportation arrangements will be made and carried out successfully. Any
plan should be tested against the capacity of the system, and should
incorporate provisions to increase that capacity as appropriate.

SAFITYANDSECURITY
In the guidelines for development of racial balance plans which the

Board of Education adopted nearly a decade ago, the safety of students was
given a weight equal to all other factors combined. No plan can possibly
succeed unless parents and students feel assured of personal safety and
uninterrupted opportunities for learning. Unfortunately many urban schools-with or without desegregation--do not provide a safe learning environment;
this is an administrative problem rather than a constraint upon
desegregation, and requires vigorous action by school and city officials.
Safety i.&amp;a plannjng consideration with regard to hazardous traffic or
neighborhood conditions for' students walking to school; this is where
"bussing" can be a solution.

COMPREHENSIVENESS
In general, a student assignment plan which inconveniences all students

somewhat will be preferable to a plan which inconveniences some a great
deal and others not at all. In the Springfield and Holyoke plans mentioned
above, all elementary students attend their "neighborhood school" for several
years and another school for several years. This means that there is no
advantage to living in one place rather than another, and that all students and
parents share the same experience of participation. Such plans are generally
very stable and--if based upon establishing primary and upper elementary
schools--may permit improvements in instruction and staffing economies.
On the other hand, plans which involve all students for part of their
school careers tend to require more transportation expense, and to disrupt
schools which are already stably integrated for neighborhood or other
reasons. Worcester--among other cities--has chosen a more "surgical"
approach which moves a minimum of students consistent with desegregation
objectives, and will require on-going adjustment. For a large system with a
fairly small proportion on minority students, this was a reasonable choice.

�SUMMARY
This brief review of considerations which may enter into the evaluation
of student assignment plans is intended to show that there is nothing
mysterious about desegregation planning; jt .is a matter of common sense
applied to a sufficiently broad range of considerations.
The "perfect plan" has n_everyet been developed, and most plans, when
carried out, reveal flaws which were not apparent in the planning stage. Good .
planning, taking into account a broad range of considerations, should identify
most problems in advance~and involve conscious decision to accept
weaknesses in one respect rather than in another.
A good plan, i1i the final analysis, is one which makessenseas a •
framework for the educational mission of the schools over the long term.
Since integration and equal access are-components of this educational
mission, a good plan will bring minority and non-minority students together iil
a variety of educational settings.
Since consistent and appropriate instruction are also components of
the educational mission, a good plan will seek stability, continuity, and
consistency of expectations and qu,ality of instruction.
Since urban education is carried out in a constantly changing
environment which makes constantly fresh demands, a good plan builds in
flexibility, encourages initiative, and offers significant choices.
Since the schools function in a society which has limited opportunities
for minority and female students, and indeed has convinced many to limit
their own expectations, a good plan will work to broaden expectations and
opportunities.
•
•

�Attachment

m

What is "centralized enrollment"?
Centralized enrollment is a way of assigning students to schools that takes a
number of important considerations into account. For example, where does the
child live? What school do the child's older brothers and sisters attend? What
kind of educational program will best meet the child's needs? How can each
school have a mix of students of different raciaVethnic groups?
How does it work?
Under centralized enrollment, the parents or guardians of every child newly
registering in the Lowell Public Schools, or seeking a change of school for any
reason, would be asked to indicate preferences from a list of schools at the
appropriate grade level. The School Department would then assign the chiid
based on considerations that have been approved by the School Committee,
such as those listed above.
Does this do away with the "neighborhood school"?
Several thousand Lowell Students-20% of the enrollment in grades K-8 already
attend school outside of the attendance zones for various reasons, including the
choices of their parents. This proportion would increase somewhat under
centralized enrollment, but most students would continue to attend a school
within walking distance of their homes.
How would where you live be taken into account?
The system of assigning students would be so designed that students living
within a quarter of a mile of each school would be guaranteed assess to any
space available, at any grade level.
We live further than that from my child's school. lt'hat about us?
Any child already attending a school from the zone established for that school
by the School Committee would be guaranteed the right to remain there
through the highest grade provided.
Will my preschooler be able to go there too?

\

I

Younger brothers and sisters would be guaranteed the right to attend school
with their older siblings, grade levels and space permitting.

�Miat happens if my child doesn't get any of the schools I select?
Experience in other cities is that ninety percent or more of children will get one
of their first three choices. Some children do not, so it is the responsibility of the
School Department to assure that every school provides a quality of education
acceptable to any parent.
How will I get information about the different schools?
Parent Information is a very important aspect of centralized enrollment. The
state will provide funding for a vigorous parent information effort, including
outreach workers, printed information and open houses. The media will
cooperate in assuring that parents have full and honest information.
How will this affect the stability of my child's schooling?
Centralized enrollment assure more stability for students, since they are
guaranteed the right to continue in the same school unless theirparents seek a
different assignment.
Miat are the educational benefits of centralized enrollment?
Because centralized enrollment gives parents more choices, it provides an
•incentive to make every school educationally effective. It also permits the staff
of a school to work with parents to define a distinctive approach to excellence,
without having to please everyone. Several recent national reports have stressed
the educational significance of each school having a clear mission. Within public
education, parent choice makes this possible.
•
Aren't there other ways to desegregate schools?
Certainly. In Boston, for example, small geographic areas were assigned to
different schools on an involuntary basis, in such a way that each school had a
desegregated enrollment (at least on paper). A~er a dozen years of experience
with this approach, however, many observers feel that a system of assignments
•like that being proposed for Lowell would be more effective, stable, and popular
with parents.
How would centralized enrollment affect bilingual and special education?
Students would continue to be assigned to bilingual and special education
classes on the basis of their need for that type of education. Mainstreamed
special education students would receive supplemental services in the school to

1

�which they were assigned. Substantially separate special education clci~sesand
bilingual classeswould be located in appropriate school facilities; as a result of
centralized enrollment and assignment, such classeswould not be displaced by
neighborhood population change.
•
What if I don't like the school my child is assigned to?
Whether you selected the school your child was assigned to or not, you would
have the opportunity to seek a different assignment under the school system's
transfer policy. Only those trans( ers would be permitted that were consistent
with the policy, of course. Primary considerations would be availability of space
at the appropriate grade level, and impact of the trans( er on racial balance.
How is centralized enrollment different from "magnet schools"?
Centralized enrollment gives every school the opportunity to develop distinctive
programs and approaches to excellence, like a magnet school. It would,
however, be more like Lowell's "district magnet schools" (such as the Rogers and
Greenhalge) than like the dty-wide magnet schools, since a large proportion of •
the enrollment of each school would be likely to come from nearby residential
areas.
What does "pairing" mean for the schools affected?
Quite simply, that two school buildings serve a single population of students,
with certain grades attending school in one facility and certain grades in the
other.
Why are schools paired?
Pairing is a simple and fair way to achieve school desegregation and to provide
equal educational opportunities, without breaking up classesor reassigning
students on the basis of their address or their race.
What are the advantages of pairing?
There are definite educational advantages in enrolling more children at each
grade level. This permits more variety and individual treatment. It also means,
for example, that children who speak a language other that English will have
more opportunities to be with children who speak English at home, in addition
to taking part in a bilingual program. For children whose only language is
English, it creates the possibility (with the right educational leadership and
planning) of exposure to a second language and culture.

�Are there any disadvantages?
There can be. Without strong leadership and planning, pairing can result in a
loss of continuity between the primary and upper elementary grades. While
pairing represents an opportunity to enrich education for all the children
involved, that will not happen automatically. Staff time for planning and teambuilding are an important element of successful pairing.
Would any resources be available to help make a success·ofpairing?
Yes. The Massachusetts Department of Education would make funds available
for staff planning arid coordination, over the summer ·and during the ·coming
year.

Has pairing been used successfully in other cities?
Certainly. In Springfi.eld, for example, all elementary schools have been paired
or "grouped" (with several primary schools to one upper elementary school) for
twelve years. The educational results have been very positive, and Springfi.eld is
a desegregation success story. Jn Holyoke elementary schools were "grouped"
five years ago, and instruction has improved significantly. Cambridge paired
two schools seven years ago, and Lowell paired the·Moore Street and Cardinal
O'Connell schoolslast year.
Would pairing be permanent?
Not necessarily. Lowell's Lorig Range Plan will include recommendations for a
unifonn grade structure to apply after completion of a school construction and
renovation program.

�Office of Educational Equity

The Commonwealth
of Massachusetts
Department of Education
13B5 HancockStreet. Quincy,Massachusetts02169

M E MO R A N D U M

TO:

Superintendent Henry Mroz
cc: CorrrnissionerRaynolds. Bob Blumenthal, Joe McKeigue,
and George Tsapatsaris

FROM:

Michaet~ ves and Charles Glenn-&amp;

DATE:

December16, 1987

RE:

Lowell Stu~ent Assignment Modification

Wehave reviewed your proposed change in the Lowell Student Assignment
Policy as submitted to the Office of Educational Equity on October
29, 1987. The sole modification concerns establishing school specific
feeder patterns for students matriculating from elementary to
intermediate or junior high school grade levels. The purpose of
this change is to provide stability of assignment and reduce the
necessity of parents to ~ndergo the process of having to reapply
for their child s upper grade assignment.
1

We support this change. provided that the Student Assignment Officer
continues to enforce the dasegregative and administrative controls
of the Lowell Desegregation1 Plan. In short, such assignment would
be subject to both available space and actual desegregation impact.

Ame.ndme.n

t

fl 1

�f ••• 2r,~&amp;J-L.
f...ft,

y

~-~·

f uju.1.

'1ue«f

.. eUe

141U

u (1.,.,,.,,
...&amp;........t
!fcl 4i4 7 / lP,X~~l
&amp;ua"
937-7614

'1.!1'
...~1 ......... ,
~.-.1

..

MEMO
---To:

Dr. Charles Glenn. Director·
Bureau of Educational Equity

From:

George J. T1apat1ari1,

Date:

October 29, 1987

Subject:

Project

Director

ASSIGNMENT
OF STUDENTS
CURRENTLY
ENROLLED
FOR
SEPTEMBER,
1988

Dear Dr. Glenn:
In planning the regi1tration
for 1988 of pupil1 currently in
the 1chool 1y1tem, and who will be completing their final &amp;ride in
the particular
1chool that they presently attend, I am reque1ting
permiuiou to implement the fol lowing procedure,:

!
Schools in Zone I be 1ub-divided
as follow,:
District

I - Zone I: -

Green School {K-3)
District

~

Bartlett

School (K-8)

II - Zone I:

l'awtucket Memorial (K-6)
District

and grouped into 1chool di1trict1

III

- Zone

- - -

➔

MeAvinnueSchool (K-8)

J:

Pine Street School (l-3) - - - ~ Morey School (K-5)
Morey School (K-S)
·waahington School (K-S) - - - ~ Daley School (6-8)
Lincoln School (K•S)
Molloy School (K-S)

II

School ■

in Zone II be 1ub-divided
•• fo1lov1:

District
Ames (k-2)

and grouped into

1chool diatrict1

I - Zone II:
- - - ➔

Colburn (2-5)'

.. - - - ➔

Rogers (K-8)

.f

�-

-

-----

--

-

~

~

District

II - Zone II:

Shaughne11y School (K-5) - - - ➔ Butler School (6-8)
Moore Street (K-1) - - - ➔ Cardinal O'Connell (2-S) - - - ➔ .Butler (6-8)
Di1triet

III - Zone II:

tiveraide (K-2) • - - ➔ Jos. Pyne (3-6) - - - ➔ Moody (7-8)
Leblanc (K-6) - - - ~ Moody (7-8)
Reilly (K-6) - - - i Moody (7-8)
IV - Zone II:

District

Varnum School (l-4)
- - - ~ llobinaon (S-8)
Greenhal1e School (K-4) - - •
lobin1on (S-8)

I

Under thi1 proposed plan. 1tudent1 already in attendance at the
Creen School (K-3) would automatically proceed (upon completion·
of crade 3) to the Bartlett School. (for example)
•
Thi ■

procedure would cut down the number of time, a 1tudent would
need to be rea11igned at the Parent Information Center. The only
1tudent1 who would be proee11ed and a11igned throush the·Parent
Information Center would be:

1.

.

New 1tudent1 to Lowell Public
new Kindergarten regi1trant1 .

School ■,

including

2.

Student• that are main1treamed out of the Bilingual
program and the Spec. Ed. program.

3.

Stud en ti who have moved out of their diltrict
and/or Zone.

4.

Studentl requeating

a tran1fer.

It should be clearly underatood that we will at all time1 endeavor
to meet the majority/minority percentage that the di1trict i1
trying to attain at each 1chool and within their reapective cone.
Your condderation

in thil matter will be sreatly

apprecia.ted.

CNT/pr
c'c: Michael Alvea
P.S.

This memosupersedes our previous memoof 10/S/87.

..•

�.

.

Office of Educational Equity ::

The,Commonwealth
of Massachusetts·
Departmentof Education
• 1385 Hancock
Street,Quincy.Massachusetts
02169

April· 14, 1989
..

·-

..

• ··._·_

.·.

MEMORANDUM

TO:

GeorgeTsapatsaris

FROM: Charles Glenn •~RE:

Modifications of Lowell Desegregation Plan

This is to confirm that the modifications outlined in your
memorandaof May2, 1988 to Michael Alves are consistent with
the Lowell Desegregation Plan and acceptable to the Massachusetts
Departmentof Education.
cc:

Joseph McKeigue

Enclosures

Arne:n.dme.n.t

112

�-

Lowell Public Schools
Lowell,Massachusetts 01852

y

GeorgeN. Tsapatsaris
ProjectDirector

To:

89 Appleton

Street

. Tel. 937-7614

Michael Alves
Office
of Educational

Equity

From:

George

Date:

May 2, 1988

Subject:

AMENDMENT
#2 TO THE VOLUNTARY
DESEGREGATION
PLAN

N. Tsapataaris,

Further
Lowell

Clarification
school System

Project

Director·

P•rtaining
as a Result

to Transfers
Within the
of Change of Adaress

Dear Mike:
During the present
school year, the
officer
has had many requests
by parents
who had
for the opportunity
for their
children
to remain
school that they have been attending
which could
due to the fact that they moved to a new zone.
In planning
the registration
for
to recommend adding the following
to section
(Parental
Preference),
on pag~ 8:

student
assignment
a change of address
in a particular
not be accommodated
I wo~ld like
paragraph
a.

1988/89,

2.4,

Students
who move from one geographical
zone to the
other in the City may request
to remain in the school
they presently
are attending
prior
to the change of
address
provided
that:
1.

the
not

majority/minority
adversely
affected.

2.

The parent
provides
transportation
to and from
school;
or, the child's
transportation
needs
can be accommodated
by existing
school bus
routes.

Your consideration

in this

balance

matter

of the

will

school

is

be greatly

appreciated.
Sincerely,

~i-'tProject
GNT/pr
cc:

Dr.

Charles

Glenn

\

~ . r,;tii,~~

Directo~

�Office of Educational Equity

·

The Commonwealth
of Massachusetts
Department
of Education
1385 HancockStreet,Quincy,Massachusetts
02169-5183•

May 1, 1989

ME MO R A N D U M
TO:

.George Tsapatsa:~

FROM:

Charles Glenn (__(5:•

RE:

Modifications of Lowell Desegregation Plan

This is to confirm that the modifications outlined in your
memorandumof May 13, 1988 to Michael Alves are consistent with
the Lowell Desegregation Plan and acceptable to the Massachusetts
Department of Education.
cc:

Joseph McKeigue

Enclosure

A:r;n,e.nclrnent

lf3

�Lowell Public Schools
Lowell,Massachusetts 018S2
Georget,.:.
Tsapatsaris
ProjectDirector

To:

89 Appleton Street
Tel. 937-7614

Michael Alves
Office
of Educational

Equity

From:

George

Date:

May 13,

Subject:

AMENDMENT#3 TO THE VOLUNTARYDESEGREGATIONPLAN
Further
Clarification
Pertaining
to Bilingual
and
Special
Education
Transfers
Within the Lowell School
System as a result
of Mainstreaming

Dear

N. Tsapatsaris,

Project

Director

1988

Hike:
..

During the present
school year,
the Student
Assignment
Officer
has had many requests
by parents
whose children
have been
recommended
for mainstreaming
from either
the Bilingual
or the
Special
Education
programs.
The request
by the parerits
has been for
the opportunity
for their
children
to remain in a particular
school
where they were receiving
Bilingual
or Special
Ed services.
In many
ases the particular
school was in a different
zone from their
!residency.
year,
page

In planning
for re-gist ration·
I would like
to request
adding the
6 of the revised
Desegregation
Plan

for the 1988/89 school
following
to paragraph
(6/11/87):

6 on

Students
who ·are being recommended for mainstreaming
from Bilingual
and Special
Education
classes
may request
to remain in the school they presently
are attending,
regardless
of Zone, providing
that:
1.

space

is

availabli;

2.

the majority/minority
adversely
affected;

3,

the parent
provides
transportation
to and from
school;
or, the child's
transportation
needs can be
accommodated
by existing
school
bus routes.

Your consideration

in

balance

this

matter

of the

will

school

be greatly

appreciated.
Sincerely,

s~.__\\~
,. Project
GNT/pr
cc:
Dr.

Charles

Glenn

Director

is

not

�.

~-.

LOWELL PUBLIC SCHOOLS

~

::=~

J "J;

•

89 Appleton Street
Lowell, Mq._ssachusetts01852

'

'

Peter S. Stamas
Project Director

Tel: (508) 441-3718
Fax: (508) 441-3761

To:

Dr.

From:

Peter

S.

Date:

June

28,

In

AMENDMENT f4 - LOWELL VOLUNTARY REVISED DESEGREGATION AND
EDUCATIONAL IMPROVEMENTPLAN - CHILD CARE ISSUES AND SCHOOL
ASSIGNMENTS.

re:

Charles

Glenn,
Stamas,

Office
Acting

of Educational
Project

Equity

Director

1991

=======================================================================
Dear

Dr.

Glenn:

During
has had many requests
care needs of working

the past
four
for cross-Zone
parents.

years,
the Student
school
assignments

Assignment
Officer
based
on the child

Current
assignment
decisions,
based on the guidelines
of the
Desegregation
and Educational
Improvement
Plan,
have children
assigned
to
school
in the Zone
in which their
parent/legal
guardian
resides.
For the
school
year
1991-1992
we are seeking
to amend Section
2.4,
paragraph
a. (Farents
Preference)
, on page 8 by adding
that
part
shown in bold print
as follows:
a.

Parental

Preference:

At the time of registration,
or at the time a transfer
is requested,
a parent
may select
three
or more schools,
in order
of preference.
These
may include
schools
within
their
zone or the city~wide
magnet schools.
Fa.rents/legal
guardians
may request
a school
of choice
outside
of the Zone in which they reside
based on their
child
care needs provided
that:

/

•

There is
school.

space

available

The minority/non-minority
not adversely
affected.
•

The parent
school.

provides

at

the

balance

transportation

grade

of

to

level

the

and

at'the

school

is

from

the

�/
&amp;aaigmnent
decisions
coneid•ring
thi.•
r•qu••t
will
be
made after
July l cf each year in order tc allow tho••
kindergarten
children
l.i-ring within
attendance
11:ones to
bave adequate
opportwu.ty
for echool choice.

Every effort
will
be made to accommodate
the parent's
preference,
within
the ey~tern of priorities
eetabliehed
'in this
policy.
If it ie not poesible,
for any reason,
to grant
one of the parent's
choices,
and the parent
hae
reason
to be dieeatisfied
with the child'e
assignment,
that
parent
may file
an appeal
under
Section
2.9
•Assignment
Appeals Process.
Your

consideration

in

this

matter

will

be greatly

appreci-

ated.
Sinee~
'

Peter
S. Stamas
Acting Project
Director
PSS/jc
cc:

George N. Tsapatsaris,
Superintendent
Rosemary Leblanc,
Student
Assignment

Officer

�-------~-1-

Office of Educational Equity

The Commonwealth
of Massachusetts
Department
of Education
1385 Hancock Street, Quincy, Massachusetts 02169-5183

April

4,

1992

Mr. Peters.
Stamas
636 Project
Director
Lowell
Public
Schools
89 Appleton
Street
Lowell,
Massachusetts
Dear

Mr.

01852

Stamas:

We have reviewed
your Amendment #1 "Assignment
of Students
Currently
Enrolled
for September
1992" document
and we
approve
of your plans
for next year.
The opening
of new
buildings
and additions
should
:improve your facilities
for
students
and staff
during
this
school
year and certainly
for next September.
We are
students

pleased
that you continue
a primary
concern.

to make the

Sincerely,

Doreen H. Wilkinson
Executive
Director
DHW:ek
cc:

Superintendent
George
Paula T. Willis
Maureen M. Wark

N. Tsapatsaris

integration

of

�....
LOWELL PUBLIC SCHOOLS
89 Appleton Street
Lowell, Massachusetts 01852
Peter S. Stamas
Project Director

Tel: (508) 441-3718
Fax: (508) 441-3761

To:

Dr. Doreen Wilkinson
Office
of Educational
Equity
Peter
S. Stamas,
Project
Director
March 13, 1992

rrom:

Date:

ASSIGNMENT or STUDENTS CUIUU:NTLYENROLLEDFOR SEPTEMBER, 1992
AMENDMENT
#1 (Revision)

Subject:

Dear

Dr.

Wilkinson:

In planning
the registration
for September
1992 of pupils
currently
in the
school
system,
and who will be completing
their
final
grade
in the particular
school
that
they
presently
attend,
I am requesting
permission
to
implement
the following
revision
to the previously
approved
feeder
pattern
(see attached)
as follows:
ZONE I

Green

School

(Grades

K-3)

*Bailey
School
(Grades PreK-4)
Molloy
School
(Grades K-5)
Morey School
(Grades
K-5)
Washington
School
(Grades K-4)}
Brady

School

(Grades

Pawt.

Memorial

School

K-3)

(Grades

----------&gt;Bartlett

School

(Grades

K-8)

----------&gt;

Daley

School

(Grades

5-8)

....;---------&gt;

Morey

School

(Grades

K-5)

K-4)---------&gt;

*An Wang School

*The Bail.ey School has replaced
the Lincoln
The Wang School has replaced
the McAvinnue

(Grades

5-8)

School;
School.

ZONE II
Card.
O'Connell
School
(Grades K-4)
J. G. Pyne School
(Grades
K-4)
Shaughnessy
School
(Grades PreK-4)

1-----,
I

eu\'.ler.

Greenhalge
School
(Grades K-4)
Varnum School
(Grades F;-4)

}-----&gt;

Robinson

Schoel.

School

~r:ad--=s

(Grades

s .. a)

5-8)

�Page

2.

Amendment

11 (bvision)

r,

J

**Moody Elementary
Leblanc
Reilly

School
School

School

(Grades

K-4)

(Grades
(K-4)
(Grades K-4)

-----&gt;

Rogers

School

)-----&gt;**Sullivan

(Grades

School

**The Sullivan
School has rep1aced
the Moody;
The Moody has rep1aced
the Ames and Colbu~n
For Example:
under this
revised
plan,
Green School
(K-3) would automatically
to the Bartlett
School.

students
proceed

1.

New Students
to
garten
registrants.

2.

Students
and the

3.

Students

who have

4.

Students

requesting

that
Special

Lowell

Public

of their

the

consideration

PSS/jc
Attachment
cc:

Paula Willis
Maureen Wark

in this

matter

and/or

program

Zone.

a transfer.

It should
be clearly
understood
that
we will
at all times
the non-minority/minority
percentage
that
the district
is
at each school
and within
their
respective
Zone.
Your

new Kinder-

Bilingual

district

at the
grade 3)

would need to
students
who
would be:

including

of

5-8)

Schools.

a student
The only
Information

Schools,

are mainstreamed
out
Education
Program.
moved out

(Grades

already
in attendance
(Upon completion
of

This procedure
would cut down the number of times
be reassigned
at the Parent
Information
Center,
would be processed
and assigned
through
the Parent

K-8)

will

be greatly

appreciated,

endeavor
to meet
trying
to attain

�·The Commonwealthof Massachusetts
Department
of
Education
Office of Educational
Equity
_y

April

1385

Hancock

15,

1993

Street,

Quincy,

Massachusetts

02169-5183

Mr .. Peter
S. Stamas
636 Project
Director
Lowell
Public
Schools
89 Appleton
Street
Lowell,
MA 01852
Dear

Mr.

Stamas,

We approve
the Second Revision
of Amendment #1 of Lowell's
Student
Assignment
Plan.
We expect
these
revised
assignments
will
be implemented
for students
enrolled
as of September
1993.
Congratulations
upon the completion
of so much of your school
construction
program under your desegregation
plan.
We hope
be able to visit
your new facilities
soon.
Sincerely,

Doreen H. Wilkinson
Executive
Director
DHW:

sf

to

�LOWELL PUBLIC SCHOOLS
89 App leton Street

Lowell, Massachusetts 01852
Peter S. Stamas
Project Director

Tel: (508) 441-3718
Fax: (508) 441-3761

To:
!'rom:
Date:
SUBJ'J!:CT :

Dear

Dr.

Dr. Doreen M'i1kinson
Office
of Educationa1
Equity
Peter
S. Stamas,
Project
Director
March 8, 1993
SECOND REVISION OF AMENDMENT
fu REVISED ASSIGNMENTS OF
STUDENTS l!:mtOLLED l'OR SEPTEMBER, 1993

Wilkinson:

As a consequence
of the extensive
school
building
construction
and renovation
program
c:urrently
in
place
in the City of Lowell,
we are once again
making
another
adjustment
in our previously
approved
feeder
program pattern.
As expected
these
adjustments
will occur
from time to time until
the
building
program
is completed
(sometime
around
September
1994).
We will,
of course,
keep you advised
of any revis.ion
and seek your approval.
The

second

revision

to

fl is

Amendment

as follows:

ZONII
MURKLANDSCHOOL (Grades PreK-4)
(Made up of grades
K-4 formerly
assigned
to the Green &amp;
Bartlett
Schoo1s)
MOLLOY SCHOOL (Grades K-4)

}--------------&gt;
}
}

BAILEY SCHOOL (Grades PreK-4)
}
MOREY SCHOOL (Grades K-5)
)
WASHINGTON SCHOOL (Grades K-4)}

PAWT. MEMORIAL SCHOOL (Grades

BARTLETT SCHOOL
(Grades
5-8)

--~-------&gt;

K-4)---------&gt;

DALEY SCHOOL (Grades

AN WANGSCHOOL (Grades

5-8)

5-8)

II

ZQNI

CARD. O'CONNELL SCHOOL (Grades·K-4)
J, G. PYNE SCHOOL (Grades K-4)
SHAUGHNESSY SCHOOL (Grades PreK-4)

}-----&gt;

GREENHALGE SCHOOL (Grades K-4)
MCAULIFFE SCHOOL (Grades PreK~4)
(Formerly
the Varnum Sc:hool)

}-----&gt;

BUTLER SCHOOL (Grades

5-8)

}

ROBINSON SCHOOL (Grades

5-8)

�Page

2.

Amendment

#1

(Revision)

LINCOLN SCHOOL (Gr,ades PreK-4)
(Made up of grades
PreK~4 formerly}
assigned
to the Brady and Rogers
} ----&gt;
schools)
}
MOODYELEMENTARYSCHOOL (Grades K-4)}

LEBLANC SCHOOL (Grades
(K-4)
REILLY SCHOOL (Grades K-4)

PLEASE NOTE:
will
no longer

}-----&gt;

As of September,
be in service.

1993 the

ROGERS SCHOOL (Grades

SULLIVAN SCHOOL (Grades

Brady

School

and the

Varnum

This
procedure
would cut down the number
of times a student
be
reassigned
at the Parent
Information
Center.
The
only
would be processed
and assigned
through
the Parent
Information
1.

New Students
to
garten
registrants.

2.

Students
and the

3.

Students

who have

4.

Students

requesting

that
Special

Lowell

Public

Schools,

are mainstreamed
out
Education
Program.
moved out

of their

consideration

in this

Bilingual

district

and/or

cc:

Paula Willis
Maureen Wark

Revision

matter

to

program

Zone.

a transfer.

will

be greatly

PSS/jc
(First

School

new Kinder-

of the

endeavor
to meet
trying
to atttin

appreciated.

Peter
S. Stamas
Project
Director

Attachment

5-8)

would need to
students
who
would be:

including

It
should
be clearly
understood
that we will at all times
the
non-minority/minority
percentage
that the district
is
at each school
and within
their
respective
Zone.
Your

5-8)

Amendment

il)

�---

I -

The Commonwealth of Massachus'etts
Department of Education
Off fee of Educational

Equity

.

J

April

1385

Hancock

26,

1993

Street,

Quincy,

Massachusetts

02169-5183

Mr .. Peter
S. Stamas
Chapter
636 Project
Director
Lowell
Public
Schools
89 Appleton
Street
Lowell,
Massachusetts
01852
Dear

Mr.

Thank you
amendment
choice.

Stamas:
for
#5.

making the requested
changes
to your recent
It now continues
to encourage
parental
freedom

Your Amendment #5 to Lowell's
Revised
Voluntary
Desegregation
Educational
Improvement
Plan which deal$,with
transfers
within
the Loweli
Public
School System is acceptable
to this
office.
Sincerely,

Doreen H. Wilkinson
Executive
Director
DHW:ek

;

of
and

�-~-1----~-

LOWELL PUBLIC SCHOOLS
89 Appleton Street
Lowell, Massachusetts 01852
Peter S. Stamas
Project Director

Tel: (508) 441-3718
Fax: (508) 441-3761

To:

Dr.

Doreen Wilkinson
Office
of Educational
Equity
Peter S. Stamas,
Project
Director

From.:
Date:
SUBJECT:

April
14, 1993
~~~H'J1'
fS TqJLOWELL'S REVISED VOLUNTARYDESEGREGATION
-ANfiEDtiCATIONAt-IMPROVEMEN'l'PLAN - 'l'ranafers within the
Lowell Public
School System

The numb-era
of students
requesting
multiple
transfers.
'within
the same
school
year has risen
steadily
since
the implementation
of the desegregation
plan.
Parents
who request
these
transfers
have many reasons
for so
doing.
Some request
a change of _school because
they have moved to a different
part
of the city.
Some reque~t
a transfer
in order
to have a child
attend
the same school
as a sibling.
Others
request
a transfer
because·
they are dissatisfied
with the school
their
child
is attending
for a variety of personal
reasons.
Some are quick
to request
a tra~sfer
if their
child
has been subjected
to disciplinary
ac_tion by a teacher
or principal.
Parents
requesting
a transfer
for their
child
because
of personal
reasons
are currently
allowed
to do so at any time during
the school
year.
Children have been placed
in 2, 3, and sometimes
4 different
schools
during
an
academic
year
because
of parental
requests.
This practice
is not only
educationally
unsound,
but is also
psychologically,
socially,
and emotionally
unsound
for the children
involved,
and it is also
disruptive
to
the learning
processes
of the childre~
in the classrooms
to which the
student
is newly assigned.
After
reviewing
the desegregation
plan
and-its
statement
would lik~ to propose
the following
change which received
Lowell School Committee
on March 24, 1993.

on transfers,
we
approval
by the

\

Amend Section
shown in bold
2,8

2.8 Transfers
(page
print
and underlined

11) by adding
the
in the following:

sentence

Transfers;

"Once a student
has attended
a school,
a parent
who is dissatisfied
with the assignment
may request
a transfer.
Only one
transfer
per year will
be allowed;
such a transfer
must be
requested
in writing
through
the prescribed
Parent
Information Center proce.sa no later
than October
20th of the school
year or no later
than 4Lg!.ensl,ar
days after
the initial
placement
of the student
i.n the school
year,

t"'t _y_

y

L .,.,,.

�Page 2
Amendment

*5

NO transfer
will be made that
violates
minority
balance
or to
a school
or program
in which there
is not sufficient
space.
A parent
whose request
for a transfer
is denied
may file
for
an appeal
under 2.8 Assignment
Appeal Process .
. Students
who move from one address
to another
within
the city
of Lowell will
not be required
to transfer
to another
school
during
that
current
school
year.
However,
the parent
of such
a student
may need to request
a transfer
due to transportation
conflict."
Once again we would like to point
out that
the
2.8 is always
open to a parent
whose request
transfer
has been denied.

Appeal Process
for a child's

under section
placement
or

Peter
S. Stamas
Project
Director
PSS/jc

�LOWELL PUBLIC SCHOOLS
89 Appleton Street
Lowell, Massachusetts 01852

J
Peter S. Stamas
Project Director

Tel: (508) 441-3718
Fax: (508) 441-3761

To:
From:
Date:
SUBJECT:

After
would
Lowell

reviewing
the desegregation
plan
and its
statement
like
to propose
the following
change which received
School Committee
on March 24, 1993.

Amend Section
one transfer
the following:
2.8

Dr. Doreen Wilkinson
Office
of Educational
Equity
Peter S. Stainas, Project
Director
April 23, 1993
AMENDMENT
#5 TO LOWELL'S REVISED VOLUNTARYDESEGREGATION
AND EDUCATIONALIMPROVEMENTPLAN - Transfers
within the
Lowell Public
School System

on transfers,
we
approval
by the

2.8 Transfers
(page 11) by adding
the second
se'ntence
"only
...
in the school
year"
as shown in the second paragraph
of

Transfers:

.Students
who move from one address
to another
within
the city of Lowell
will
not be required
to transfer
to another
school
during
that
current
school
year.
However,
the parent
of such a student
may need to request
a transfer
due to transportation
conflict.
Once a student
has attended
a school,
a parent
who is dissatisfied
with
the assignment
may request
a transfer.
Only one transfer
per year will
be allowed;
such a transfer
must be requested
in writing
through
the
prescribed
Parent
Information
Center
process
no later
than October
20th
of the school
year or no later
than
45 calendar
days after
the initial
placement
of the student
in the school
year.
NO transfer
will
be made that
violates
minority
balance
or to a school
or program
in which there
is not sufficient
space.
A parent
whose request
for a transfer
is denied
may file
for an appeal
under
g...,..g_Assignrnent
Appeal Process.
~-1
The Lowell
Public
Schools
will
do everything
they
can to keep a child
in
school
and to encourage
attendance
in school
everyday
even to the e~tent
of
accommodating
unusual
circumstances
of school-home
location
issues
or matters
of transportation.
Once again
we would like to point out that the
2.8 is always
open to a parent
whose request
transfer
has been denied.

Appeal Process
for a child's

Project

under section
placement
or

Director

�-- ----

*t

I-

-------~~I

1.·heComniOllW.
Calth0~ MassaChusetts

2

0

Ju;

P.

~ Department of Educat10n
~'fflJ

Malden,M-•-

350 MainSt-.

. •

02148-5023 • (617) 388-3300

.J

M E M O R A t; D U M

Commission$.r

~f.ltJJ,

Antonucci

Doreen H. Wilkinson

'.FROM:

June

22,

1993

Amendment to Lowell

RE:

Desegregation

Plan

LOWELL

The eoard-approved
student assignment
plan i.n Lowe11·requires
amendment to respond to the completion
of school construotion
which was funded by the state under Lo~ell's
Desegregation
Plan.
'l'he proposed
changes are outlin~d
in the attached
memorandum.·
l-

In Part One, to start
in September
Zone 3 to their
previous
attendance
citywide
Magnet School Zone.

1993, the system adds a
zones, plus their

2.

In Part Two, to start
in September
additional
school to zone 3.

1994

These

changes

have been approved

by the

1

Lowell

they

will

Public

add an
School

committee.
I recommend

approval
of this amendment as soon as possible
so
students
and staff
can be informed of the changes prior to the
close of school on June 25, 1993.
These amendments usually
go to
the Boara for approval,
but I understand
that you have authority
to take action on behalf of the Board between the June and
September
regular
meetings.
If you approve the amendment, I will
notify
the Superintendent
immediately.·
Please

call

DHW:ek

Attachment

me if

you have any questions.

Thank you.

�LOWELL PUBLIC SCHOOLS
89 App"leton Street
Lowell, Massachusetts 01852

Tel: (508) 937-7647
Tel: (508) 937-7614
FAX: (508) 441-3761

George N. Tsapatsaris
Superintendent

To:
From:
Date:

Dr. Doreen Wilkinson
George N. Tsapatsaris, Superintendent
June 14, 1993

'lI'IHIIlffiIID
ffilETI§lI(Q)W
'lI'(Q)AMIEWID&gt;MlEW'lI'
ffll.....
A ffilEVIl§JEID&gt;IF(Q)11JJ:R
..~(Q)NJE§'lI'ffi1UC'lI'1UIRIE
{IP!lrri (Q)m~!ltro&lt;dl
!Psirra'lI'v@)

S l!Jlffi
JJIEC 'II':

·we respectfully submit for your review and subsequent approval the final phase of our student
assignment structure as it has been evolving around the school construction and renovation
programs over the last 5 to 6 years as approved by the State Board of Education as Part of
Lowell's Desegregation plan.
The extensive 131 million dollar school construction and renovation program for the Lowell Public
Schools, which is an important part of the Revised Voluntary Desegregation and Educational Plan,
is entering its final phase. As indicated previously, as this building program has proceeded it
required adjustments in our central enrollment planl for students. We have attached hereto a new,
two-part. IF@w.rr
..~®ll!l.~ student assignment structure. The Lowell School Committee after
studying this latest revision for several months voted at its meeting of May 26, 1993 to approve
both Part One (for the school year 1993-94, starting September, 1993) and Part Two (Starting in
September, 1994).

1.

In Part One, 1993-94, (see Inclosure #1) we have added a Zone 3 to our previous
enrollment structure by taking away the Rogers School arid the Moody School from Zone
1 and the Lincoln School from Zone 1. The Molloy School will now feed the Bartlett
School in Zone 1.
•

2.

In Part Two, starting September, 1994, (see Inclosure #2) we will add to Zone 3 by taking
the Cardinal O'Connell school away from Zone 2.

3.

These changes.will address two major concerns:
a.

The resulting student assignment restructuring will increase the number of options
from which parents can choose for their children which in turn facilitates the
equitable and balanced distribution of minority status and non-minority status
students by the Student Placement Officer.

*

*

All of Zone 1 students will now also be able to choose schools in Zone 3
and in the Citywide Zone.
All of Zone 2 students will now also be able to choose schools in Zone 3
and in the Citywide Zone.
•

1 lnclosure#3 is a copy of the last previousrevisionto Amendment#1

,.,_..,

-

_J_

-~r-i1

........:_,.

�*

Children in the traditionally defined districts of the Rogers, Moody and
O'Connell schools (Zone 3) will still retain the right to choose from among
the Zone 2 schools.

*

Children in the traditionally defined district of the Lincoln School will still retain the
right to choose from among the Zone 1 Schools.

Starting with September 1994, the McAvinnue School, the last of the newly constructed
Schools,will be ready for occupancy. At that point in time, except for the Arts Magnet (K-8) and
City Magnet (K-8) Schools, the School system will have completed its evolution to PreK-4, 5-8,
and 9-12 alignment
Of course, all city residents still maintain the option of selecting Citywide Zone schools as their
choice.
It is our feeling that these revisions should serve our school system well in meeting Lowell's
Revised Voluntary Desegregation and Educational Plan for several years into the future. Therefore
we respectfully seek your approval of this revision.
Sincerely,

A~n~

George N. Tsapatsaris
Superintendent

PSS/jc

2

�LOWELL PUBLIC SCHOOLS .

Henry J.Mroz Administration Office
89 Appleton Street
Lowell, Massachusetts 01852
Peter S. Stamas
Project Director

To:
• From:
Date:
Re:

Tel: (508) 441-3718
Fax: (508) 441-3761

Superintendent George N. Tsapats~~~,w;fl,.,}
Peter S. Stamas, Project Director ~September 8, 1995
Motion by School Committeeman Timothy Golden: That
the Superintendent report by the next meetin,g on the
feasibility of implementing a school choice policy in which
neighborhood residents receive preference in the
enrollment of their children in their neighborhood school.

Attached please find Section 2.4 (as amended) which was extracted
from LoweU's Voluntary Desegregation and Curriculum Improvement Plan
adopted in 1987.
. As you will notice paragraph f. lists Place of Residence as a priority. I
would propose that in applying this priority we use the following procedure.
After the priorities spelled out in paragraphs b, c, d, and e have been
addressed, then priority "f" apply's. Those children who live in the·
traditionally defined neighborhood district of their respective school shall be
given preference over all other children as it appli_esto the acceptance list,
the sibling wait list, and the non-sibling wait list.
Presently with respect to paragraph "f" the "place of residence"
qualification was based on the Zone in which the child lives'._Under this
proposed modification the "place of residence" qualification would be based
on the neighborhood in which the child_resides.
I believe that this revision addresses the concern for neighborhood
preference while at the same time it remains in conformance with the
Voluntary Desegregation Plan.

Schools of Choice

�EFFECTOF SCHOOLCOJ.vfMITTEE
ACTION WHICH REALIGNSTHE
SCHOOLNEIGHBORHOODDEFINITION AND STREETDIRECTORY
AND WHICH REDEFINES
THESTUDENTPLACE:tv1ENT
CRITERION
(#2.4f) ENTITLED,"PLACEOF RESIDENCE"IN THECENTRALlZED
ASSIGNJ.v1ENT
POLICY.
Upon approval by the Lowell School Committee on February 14, 1996, the following
clarifications to the guidelines for the Centralized Assignment Policy take effect:
•The Lowell School Committee has realigned the street-directory definition
for each of the elementary and middle schools in Lowell effective the
School Year 1996-1997.
•The placement criterion (#2.4f of the Lowell Voluntary Revised
Desegregation and Educational Plan - approved June 11, 1987) is further
clarified so as to give priority in this category to those students who reside
within the given school neighborhood as defined by the realigned street
directory adopted by the Lowell School Committee on February 14, 1996.
•These modifications will take effect for the school year 1996-1997 and
would apply to the following:
1.
2.
3.

New Students to Lowell Public School~, including new
Kindergarten registrants.
Students that are mainstreamed out of the TBEprogram or the
Special Education Program.
Students who change address and who move out of their
previous school neighborhood and/or Zone.

•Students already assigned for the 1995-1996 school year or those
already entered on waiting lists in 1995-1996 will be grandfathered.
As a result of these clarifications section 2 .4 "Criteria for Assignment" of the Lowell
Voluntary Revised Desegregation and Educational Improvement Plan will read as
follows: (italicized section reflect the resulting clarifications)
2.4 Criteria for Assignment:

(As Amended)

The criteria for assigning students will be defined as follows.:
a. Parental Preference: At the time of registration, or at the time a transfer
is requested, a parent may select three or more schools, in order of
preference as follows:
• For students residing in Zone 1 and the Lincoln School neighborhood,
parents may choose schools in Zones 1, 3 and 4.
• For students residing in Zone 2 and the Cardinal O'Connell and Moody
Schools neighborhoods, parents may choose schools in Zone 2, 3 and 4.
Page 1 Clarilied Student Placement Policy (2/7tt)

�i

Students who move from one geographical zone to the other in the City may
•requei:;t to remain in the school they presently are attending prior to change
of address provided that: .
• The minority/non-minority
affected

balance of the school is not adversely

• The parent provides transportation to and from school; or, the child's
transportation needs can be accommodated by existing school bus
routes.
Parents/Legal Guardians may request a school of choice outsio.e the Zone in
which they reside based on their child care needs provided that:
• There is space available at the grade level at the school.
• The minority/non-minority
affected.

balance of the school is not adversely

• The parent provides transportation to and from the school.
Assignment decisions considering this request will be made after July 1 of
each year in order to allow those kindergarten children living within
attendance zones to have adequate opportunity for school choice.
Every effort will be made to accommodate the parent's preference, within
the system of priorities established in this policy. If it is not possible, for any
reason, to grant one of the parent's choices, and the parent has reason to be
dissatisfied with the child's _assignment, frlat parent may file an appeal under
Section 2.9 "Assignment Appeals Process."
b. Space Available:
Space available in a particular school, program or grade will be defined
according to the policy in effect as to class size and instructional capacity,
so long as it doe~ not disrupt existing classes.
c. Special Needs of the Student:
Students requiring a special education program will be assigned according
to the TEAM evaluation process, regardless of other provisions of this policy.
Students requiring and agreeing to a bilingual program (TBE)will be
assigned to such a program, regardless of other provisions of this policy.
Students who no longer require a substantially separate special needs
placement and those students who have completed their bilingual program
(mainstreamed) will be considered "new'' students and will be subject to the
provisions of student assignment policy. (See B 1 Section 6).
Page 2 Clarified Student Placement Policy (2/7/95)

�d. Sibling Preference:
All Students whose parents make timely applications for a particular school
and already have other children attending that school of choice will be
given a priority of assignment to that school for their racial group.
e. Minority Balance:
Transfers and new assignments, except as noted previously, must meet the
requirements of minority/non-minority balance. The goal is to achieve a
minority/non-minority percentage within each school, program and grade
that reflects, within ten percentage points, above or below, the minority/nonminority percentage of the zone as a whole. Accordingly, all new
assignments and transfers effective in the next school year will be assigned
on a minority/non-minority basis calculated for each. of the zones plus or
minus 10%; these percentages will be posted by June 1st prior to the new
school year.
f. Place of Residence:
All other priorities being equal; the student, living within the school
neighborhood street directory as defined by the Lowell School Committee,
will have priority of assignment for his/her racial group.
g. Random Lottery:
In the event that, after considering all other priorities, there are still more
student applications than available space, the Office of the Student
Assignment Officer will conduct a random lottery in order to fill the available
.space.

h. Waiting List:
A parent whose child cannot, for any reason, be assigned to the school or
program of his/her first choice may nave the child's name place on a waiting
list for the first suitable vacancy. Students on the waiting list will have priority,
in case of an available vacancy, over new entrants to the school system.
Waiting lists will be subject to criteria of the student assignment policy and
•will be updated monthly.

Sections 2.8 and 2.9 are presented below to give .a broader picture of the student
placement policies and procedures along with the clarified Section 2 .4.
2. 8 Transfers: (As Amended)
Students who move from one address to another within the city of Lowell will not be
Page 3 Clarified Student Placement Policy (2/7/95)

�required to transfer to another school during that current school year. However, the
• parent of such a student may need to request a transfer due to transportation
conflict.
Once a student has attended a school, a parent who is dissatisfied with the
assignment may request a transfer. Only one transfer per year will be allowed; •
such a transfer must be requested in writing through the prescribed Parent
Information Center process no later than October 20th of the school year or no later
than 45 calendar days after the initial placement of the student in the school.
No transfer will be made that violates minority/non-minority balance or to a school
or program in which there is not sufficient space. A parent whose request for a •
transfer is denied may file for an appeal under 2.9 Assignment Appeals Process:
2.9 Assignment Appeals Process:
A parent whose child has not been assigned to one of their first three preferences
and who is dissatisfied with the assignment or transfer, after exhausting all of the
options of the Student Assignment Policy or having grounds to believe the policy
was not followed, may file an appeal to an independent Student Assignment
Appeals Board. The Board will review each case referred to it and will make timely
decisions on the disposition of the appeal. It will not violate the desegregation
related provisions of the policy. A copy of the decision will be sent to the parent(s)
and the Student Assignment Officer. Proceedings of the Appeals Board will be
recorded by a secretary, and all records will be maintained accurately.

Page 4 Clarified Student Placement Policy (2/7/95)

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                    <text>VOLUNTARY
COMPLIANCE
PLAN
PURSUANT TO TITLE VI OF THE CML RIGHTS ACT OF 1964

LOWELL PUBLIC SCHOOLS
LOWELL, MA

Approved by the Lowell School Committee on November 9, 1988

�\

TABLE OF CONTENTS
TOPIC

PAGE

STATEMENT AND PURPOSE OF RESPONSIBILI1Y

1

Equal Educational

Opportunity

1

Compliance and Accountability

2

Transitional

Bilingual, Two-Way, Demonstration

Programming for Literacy

School,
4

Program Administration

8

Overall Staffing Concerns

9

Recruitment

and Hirtng

9

Needs Assessment

10

Training and In-SeIVice

11

Parental· Involvement

13

Access to Equal Facilities and Technology

14

Program Location

15

Identification

15

of Students to be Served

Exiting and Post-Exit Monitoring

17

Drop-Out Prevention and Recovery Services

18

Grades 9-12

19

Elementary K-8 Grades

19

Chapter I

20

Bilingual Early Childhood Education

21

Special Education

21

Vocational
-----Discipline

Education

24
24

�STATEMENT AND PURPOSE OF RESPONSIBILITY

The Lowell Public Schools adopt this Voluntazy I.AU Compliance Plan as
a consent agreement between the School Department and linguistic minortty
parents and students intended to insure continued compliance with legal
obligations under federal an~ state law and regulations, including the U.S.
Constitution; Title VI of the Civil Rights Act of 1964; the Federal Equal
Opportunity Act; G.L. Chapter 71A, the State Transitional Bilingual Education
Act; and related Federal and State provisions regarding compensatory, special,
and vocational education. This Plan updates and modifies the. previous I.AU
Plan adopted and last revised in April 1980 and the Voluntary Desegregation
Plan adopted on June 11, 1987 in light of current circumstances, evolving
educational practices and legal standards. Final responsibility for
implementation of this Plan rests with the Superintendent of Schools.
EQUAL EDUCATIONAL OPPORTUNITY

OBJECTIVE l

All students in the Lowell Public Schools shall be assigned in a manner which
assures equal educational opportunity regardless of race, national ortgin, sex,
language background, or residency in a desegregated, multicultural, pluralistic.
learning community.
Task 1.1
Bilingual and special education program students are to be assigned to .
appropriate

clusters at appropriate settings, followed by the assignment of all

other students by means of centralized enrollment in such a way that each
school reflects the percentage of majority and minority in the school system
(plus or minus 100/4)inclusive of bilingual programs.

This percentage is revised

on an annual basis to reflect the current percentages of the school system.
'-Bilingual student assignments

are subject to provisions of the Voluntary

Desegregation Plan not otherwise modified by this revised I.AU Compliance

Plan.

Page 1 (Voluntary Compliance Plan) -- October 28, 1988

�COMPLIANCE AND ACCOUNTABILITY
OBJECTIVE 2

To assure system-wide compliance with Federal, State, and Local laws,
regulations,

and policies regarding equal educational opportunity for linguistic

minority students.

Task 2.1
The Project Director (Desegregation Coordinator) will have direct line authority
over the Bilingual Program Supervisor and other program staff, and with the
responsibility

of assuring appropriate

monolingual,. compensatory,

coordination of services among bilingual,

and special education programming.

Task 2.2
The Project Director will have responsibility
Superintendent

for reporting directly to the

regarding linguistic minority equity compliance issues, and will

continue to serve as the Superintendent's
Bilingual Education Sub-committee

representative to the Mayor's

of the Lowell School Committee.

Task 2.3
There shall be convened a Mayor's Bilingual Education Sub-Committee
to the Lowell School Committee.

(BESC)

The members shall include representatives

of

•the School Committee selected by the Mayor and will meet with representatives
of minority parent plaintiffs on a monthly basis. To assure compliance with
linguistic minority equity requirements,
Transitional
1
1

1
'--i_

1
1
·l
1

membership in the Master PAC for

Bilingual Education will be expanded to include:

Representative of Citywide Parent Advisory Committee
Representative of bilingual program teachers
LAUTesting and Assessment Specialist
Citywide Guidance Director (as needed)
Director of Special Education (as needed)
Director of Chapter I (as needed)
Representative of Northeast Regional Office,
State Department of Education (as needed)
Representative of Teachers' and/or Supervisors' Union (as needed)

Page 2 (Voluntary Compliance Plan) -- October 28, 1988

�The Composition of the new Master PAC for Transitional Bilingual Education
will be all of the above in addition to the present composition:
Designee of Lowell School Committee
Transitional Bilingual Education Supervisor
Project Director
Officers and elected representatives of each Sub-PAC
Minority representative from University of Lowell
Minority representative from Middlesex Community College
Representative from City of Lowell Bilingual Ubrary
Bilingual Department Head
Bilingual Program Facilitators

The Officers of the Master PAC will be elected annually. The Project Director
will be responsible for assuring that the above described members and
representatives are designated by June 1st of each year and that the PAC meets
at least once per month throughout the year to plan and assure
implementation of equitable linguistic minority programming. Any future
changes in the Master PAC membership will take into consideration needed
input from varied sectors of the school system, broader community and region.
Meetings of the Master PAC shall be open public meetings, and may be
expanded to include invited guests and speakers. This newly organized Master
PAC shall meet for the first time within 30 days of this Plan's adoption.
Task 2.4
The Sub-committee purpose shall be to monitor and evaluate and advise the
School Committee regarding all aspects of the planning and implementation of
this Agreement. Mayor's Sub-committee will also receiye suggestions and
complaints from parents, students, staff and community regarding compliance
issues, and direct these to the attention of the Superintendent of Schools
accompanied by suggestions for appropriate action. The Superintendent's
consideration will be the first step in process of dispute resolution if and/ or
when disagreements arise regarding implementation. Final resolution of said
disagreements shall be determined by the School Committee.
Task 2.5
The Deputy Superintendent of Personnel will review and monitor the
~ectlveness
of staff development and in-service training efforts on both a
systemic and individual school basis, each year.

Page 3·(Voluntary Compliance Plan) -- October 28, 1988

�Task 2.6

The Project Director, Supervisor of Transitional Bilingual Education, IAU
Testing &amp; Assessment Specialist and Master PAC shall ensure that the
following data be compiled and be available by June 30th of each year:
a.

number of linguistic minority students 1n each Lowell Public School program and type of
program;

b.

results of academic testing including curriculum-referenced,
native language proficiency testing;

c.

absentee rate;

d.

drop-out rate;

e.

promotion rate:

f.

suspension

•g.

basic skills, English and/or

and expulsion rates;

graduation data and rate of matriculation at institutes of high education:

h.

academic progress in monolingual programs following existing from Transitional
Bilingual programming;

i.

number of students serviced by native or ESL tutors;

J.

for special education students that data specified 1n special education section, infra, as
well as data regarding movement in program by prototype;

k.

names. national origin. native language and cultural background of all transitional
bilingual, Two-Way and ESL professional and paraprofessional staff including their
certification and waiver status and levels and/ or subjects taught by each.

TRANSITIONAL

BILINGUAL,

1WO-WAY, DEMONSTRATION

SCHOOL

PROGRAMMING FOR LITERACY
O&amp;JECTIVE3

The Lowell Public Schools provide a Transitional Bilingual Education Program
for Spanish, Cambodian, Laotian, Vietnamese and Portuguese limited Englishproficient students, and will initiate Transitional Bilingual Education
programs for other language groups as numbers (20 of a particular linguistic
group systemwide) warrant.
~tive
language and ESL tutors provide services to students of low incidence
populations (under 20 systemwide). Students in the Transitional Bilingual.
Education Program develop literacy in the home language as well as in English,
and study their people's culture and history as well as that of the United
States, in compliance with Mass. GL Chapter 7 lA. Programs intended to
provide meaningful opportunities to develop literacy in English as well as a
Page 4 (Voluntary Compliance Plan) -- October 28, 1988

�second language shall include transitional bilingual education as required by
state law. Native language and English as A Second Language (ESL) tutors will
provide services to linguistic minority students whose total enrollment is less
than twenty in the Lowell Public Schools.
Multilingual/Multicultural
programs shall be open to all students on the basis
of both racial and linguistic criteria broadly consistent with systemwide equal
education opportunity concerns. Courses shall be scheduled in such a manner
as to accommodate these students' needs to take other required courses in
English.
Multilingual/Multicultural
programs shall be developed according to the
following schedule:
1.
The Robinson School's Two-Way program (Spanish-English) for grades 56 will be expanded to include grades 7-8 by September 1989.
2..
A Two-Way pilot program (Spanish-English) for grades 1-4 will be
established at the Reilly School to begin in September 1988.
3.
A Demonstration School. grades Pre-K-3 will be established in
conjunction with the College of Education of the University of Lowell.
The Demonstration School will be a city-wide magnet, located on the
grounds of the University of Lowell and managed by its College of
Education. The Demonstration School will have Hispanic and
Cambodian students and perhaps others and will expose the students to
Khmer, Spanish and English languages and respective cultures. It will
open in September 1989 contingent on implementation by the University
of Lowell.
4.
Multilingual/multicultural
programs will be established at other schools
by the Principal, staff, parents, consistent with the principles of the
central enrollment plan.
5.
However, in all such cases, the Principal and staff shall have the final
decision in adopting and/ or retaining said program.
6.
All newly constructed schools under the State reimbursed construction
plan shall be designated multilingual/multicultural
schools with
Transitional Bilingual Education programs provided in a manner
consistent with desegregation requirements.
7.
A newly constructed school under the state-reimbursed construction plan
shall be designated a multilingual/multicultural
school with a two-way
multilingual/multicultural
program. One of the language components of
this school will be a Spanish-English cuniculum.
·-..__
This school will be planned in a manner consistent with desegregation
requirements, as well as involvement of the respective parental
representatives and staff.

Page 5 (Voluntary Compliance Plan) -- October 28, 1988

�Task 3.1
The Supervisor of Transitional Bilingual Education programs shall coordinate
Transitional Bilingual Education programs which shall be located throughout
the Lowell Public Schools in appropriate desegregated environments.
Task 3.2
The Supervisor of Transitional Bilingual Education will coordinate the
planning and development of multilingual/multicultural
programs that may be
instituted in the Lowell Public Schools.
Task 3.3
The Master PAC shall be consulted throughout the school year as part of the
above-described community-based program planning process.
Task 3.4
Any new Two-Way Bilingual programs will have as their fundamental objective
the development of literacy through various approaches including the whole
language-based approach utilizing children's interests and experiences, as well
as quality children's literature, in both English and one other language.
Task 3.5
In-service training in multilingual/multicultural
whole language techniques
shall be provided prior to, and during, each program's implementation.
Task 3.6
All Lowell Public Schools are developing multicultural programs as part of their
Chapter 636 proposals to the extent that these funds are available.
Task 3.7
All linguistic minority students served by the Lowell Public Schools shall be
entitled to curricular offerings in any program in which they are enrolled which
are equal and comparable in size, scope, sequence and quality to those
provided in the standard monolingual program. The Superintendent shall
within the first three months undertake a needs assessment in this area of
program implementation and make appropriate recommendations to the School
Committee.
Task 3.8
All linguistic minority students served by the Lowell Public Schools shall be
---placed according to age/ grade appropriate norms. Students who are eligible
shall receive supplemental instruction and supportive services regardless of
English proficiency.

Page 6 (Voluntary Compliance Plan) -- October 28, 1988

�Task 3.9

By Aprll 15 of each year, the Project Director and Supervisor of Transitional
Bilingual Education shall initiate a review of the scheduling and structure of
programming for all linguistic minority students so as to eliminate inequities
related to student transportation, insufficient staffing, inadequate facilities or
other factors disproportionately impacting such students.
Task 3.10

At Lowell High School, language minortty students

are received in 2 categortes:

a.

Tirrough the normal promotion process (i.E., 8th Grade to 9th, etc.).
These students are in a continuous assessment mode through their
classroom and are the beneficiaries of the Student Support Team
mechanism or direct intervention by teachers, counselors, MICAS staff,
and administrators.

b.

As new entries into the school system and Lowell High School. these
students will be subject to the following steps:
i) check documents for completeness and relevancy;
ii) complete I.AU form, language dominance testing;
iii) have prior academic records assessed;

iv) take placement tests regarding native language, English language,
math;
v) GUIDANCE - DESIGNS program based on input from prtor steps
and implements placement.
Task 3.11

These plans shall call for a range of approprtate programming from standard
curriculum placement to alternative and/or work-study arrangements
including college-oriented or community college courses, and supplemental
language developmental support or tutortng as well as an ongoing relationship
with adult counselors.
Task 3.12

Linguistic minority students with limited English proficiency shall be entitled
to satisfy High School graduation requirements through satisfactory
completion of native language and ESL content area courses substantially
equivalent to those offered in the monolingual standard curriculum. Such
§rudents'
previously attained secondary level credit for courses taken in their
home country and/ or in their native language or via ESL content area
instruction shall also be taken into account towards the satisfaction of these
graduation requirements.
Page 7 (Voluntary Compliance Plan) •• October 28, 1988

�PROGRAM ADMINISTRATION
OBJECTIVE 4
The delivery of educational and supportive services to linguistic minority
children shall be coordinated throughout the school system, and shall include
equal access to all programming as well as appropriate
multilingual/multicultural
and Transitional Bilingual Education programs.
Task 4.1
Overall delivery of coordinated educational and supportive services for
linguistic minorities, inside and outside bilingual programming, shall be
overseen by the Assistant Superintendent for Curriculum &amp; Instruction
Services. Direct supervision of bilingual and other language programming
services shall be the responsibility of the Supervisor of Transitional Bilingual
Education.
Task4.2
In addition to the Supervisor of Transitional Bilingual Education, supportive
staff shall at minimum include one {1) Facilitator for the Spanish component;
one {l) Facilitator for the Khmer component; one {1) Curriculum Coordinator
for the Southeast Asian component: one (1) half-time Facilitator for the
Portuguese component; a l.AU Testing &amp; Assessment Specialist; Home/School
liaisons for Spanish, Cambodian and Laotian; one {I) Parent Advisory Council
Coordinator for the Transitional Bilingual Education program, and one (1)
Khmer Liaison assigned to the Guidance Department.
Task 4.3
Each Facilitator, Curriculum Coordinator, Department Head for each major
program component at the elementary and secondary level shall be primarily
responsible for curriculum development and implementation, and shall report
regularly to the Supervisor for Transitional Bilingual Education regarding such
efforts.
Together this personnel will be responsible for coordinating and monitoring
bilingual matertals procurement and development and will assure the
---aevelopment, acquisition and use of culturally and linguistically appropriate
instructional materials which positively reflect Lowell's multi-cultural
characteristics.
All such materials shall avoid negative stereotypes of members
of any ethnic or racial group·. The personnel will report to the Supervisor of
Transitionfll Bilingual Education regarding this issue on a regular basis.
Page 8 (Voluntruy Compliance Plan) -- October 28, 1988

�Task 4.4
Each school Administrative staff will ensure that all necessary services for
linguistic minortty students in their school be provided.
Task 4.5
Each new position in the Bilingual program's administrative structure shall be
filled within three months of this Plan's adoption pursuant to the overall
recruitment and hirtng guidelines set forth in the Plan. In the case of bilingual
program administrator positions, the Personnel Selection Advisory Committee
shall include at least two parent representatives named by the Master Parents
Advisory Council. In the case of school-based administrative positions in
schools having bilingual programs, the Personnel Selection Advisory
Comnµttee shall include at least one parent representative from the
language(s) served in the bilingual program(s) of that school. For other central
administrator positions effecting all students, the Master PAC shall nominate
one representative.
The Personnel Selection Advisory Committee shall
continue to consist of two teachers, two administrators, two parents, two
experts from outside the school system, and one community representative.
OVERALL STAFFING CONCERNS
OBJECTIVE 5

The overall goal of personnel recruitment, hiring and training in the Lowell
Public Schools shall be to obtain a fully qualified and trained professional
staff. A determined effort will be made to obtain qualified minority staff
personnel and/ or administrators. The Lowell School Department is an equal
opportunity employer.
A. RECRUITMENT AND HIRING

Task 5.1
No local requirements for Wring additional to those imposed by state law shall
----i,e applied for personnel in the bilingual programs by the Lowell Public
Schools. Reliance on the National Teachers Examination for bilingual
teachers will cease immediately. Bilingual teachers placed in non-permanent
status upon hiring because of reliance on the NIE shall be granted permanent
status and accorded retroactive seniortty and prospective pay at the permanent
Page 9 (Voluntary Compliance Plan) -- October 28. 1988

�employee level so long as recommended by the Superintendent of Schools and
they have passed the State Tests, provided that the above does not contravene
any collective bargaining agreements.
Task 5.2
Where there are two or more equally qualified candidates for a professional
position in the bilingual programs, that candidate shall be selected which
• contributes the most to assuring the overall staff representativeness described
above.
Task 5.3
,
In hiring multilingual/multicultural
or transitional bilingual staff, there shall
be a preference for hiring bilingual/bicultural
staff fully proficient in the
language and cultural background of the linguistic minority groups served by
the program at issue.
Task 5.4
Bilingual program staff shall be interviewed for the school level by personnel
selection committees composed of the Deputy Superintendent for Personnel,
Principal and PAC representatives of the linguistic groups to be served (and
Master PAC representative in the case of multilingual/multicultural
programs).
The Deputy Superintendent for Personnel shall supervise such interviews.
Task 5.5
Recruitment procedures for linguistic minority personnel shall be developed by
the Deputy Superintendent for Personnel in conjunction with the Transitional
Bilingual Education Supervisor and Master PAC with maximum participation
by linguistic minority parents and community organizations. Such procedures
shall assure specific outreach to linguistic minority communities, media,
network, and if feasible, to the home countries of linguistic minority students.
B. NEEDS ASSESSMENT

Task 5.6
Each year, by February 1, the Deputy Superintendent for Personnel in
conjunction with the Supervisor of Transitional Bilingual Education Program
~d
Master PAC shall undertake a Personnel Needs Assessment of the
multilingual/multicultural
and transitional bilingual programs, as well as of
supportive services programming to determine:
a.
number of staff available compared to number of staff needed in light of
changes in student population served, broken down by each instructional
program or supportive service provided, and by school;
Page 10 (Voluntruy Compliance Plan) -- October 28, 1988

�b.

said staff shall also be classified by certificated or non-certificated
status, nature of qualifications, and extent of need for additional
training;

c.

results of this needs assessment will be incorporated into next school
year's budget request in terms of specific hirtng objectives, inservice
training, in light of projected enrollment estimates which shall be
reviewed on a regular basis throughout the summer and school year.

This procedures is an on-going process.
Task 5.7
Questionnaires and meetings regarding bilingual program implementation,
staff needs assessment, and ~aining needs shall be conducted among linguistic
minority parents, classroom teachers, and personnel each January and June,
as part of overall program evaluation and monitoring.
Results of these questionnaires and consultations shall be taken into account
and incorporated into the Personnel Needs Assessment and budget request
process described above.
Task 5.8,
Each February prior to the submission of the budget requests for the district's
bilingual programs, there shall be a special meeting of the master PAC to
review overall program implementation and needs for the following school year.
C. TRAINING AND IN-SERVICE
Task 5.9
A systematic, carefully planned summer and year-round in-service training
program will be developed in conjunction with appropriate institutes of higher
education and offered during 1988, 1989, 1990, and 1991 and thereafter as
necessary. This program will provide participating personnel with the
coursework credit necessary for certification. This program will be planned and
conducted in conjunction with the University of Lowell, Middlesex Community
College, and other available sources of outside expertise in bilingual education
and English as a Second Language instruction. The Lowell Public Schools
----s_hallcontract with appropriate institutes of higher education to provide the
supervision necessary to satisfy student teaching and other professional
internship requirements under state certification standards.

Page 11 (Voluntary Compliance Plan) -- October 28, 1988

�,

,

Task 5.10
This in-service program shall take into account the annual Personnel Needs
Assessment conducted pursuant to this Plan. The program offered shall be
open to all school personnel and required for all waivered or grandfathered
personnel in bilingual education or ESL. This program shall be offered by the
University of Lowell, College of Education, or by other qualified expert higher
education personnel. It should have the following minimal components:

1.
2.
3.
4.
5.
6.
7.
8.
9.

improvement of teachers' language skills in the appropriate language;
knowledge about the cultural backgrounds of those students with limited
proficiency in English, and cultural issues related to the appropriate
handling of student conduct;
instructional methods for meeting the needs of those students with
limited proficiency in English;
adaptation and utilization of curriculum to meet the needs of those
students with limited proficiency in English;
assessment of students with limited proficiency in English for purposes
of identification and educational diagnosis;
methods of working with the parents of students with limited proficiency
in English and methods of improving school-community relations;
advancement of knowledge about legal requirements concerning
Bilingual/English as a Second Language education;
theory and practice of transitional bilingual and multilingual/
multicultural education;
whole language approaches to literacy.

Task 5.11
The only teachers who may be exempted from the above-described training
program are those who by the beginning of the 1988-89 school year submit
evidence of a plan to otherwise obtain the course work credit necessary for
certification in their area by 1991-92. Substantial weight shall be given to
demonstrable experience and competence as the equivalent to academic study
requirements in developing systemwide and individual training programs and
the measurement of significant progress towards their completion.
Failure to make appropriate progress towards completion of either the in- .
"Se!Vice training program or an individual plan shall result in termination from
employment, absent a showing of good cause.

Page 12 (Voluntary Compliance Plan) -- October 28, 1988

�Task 5.12
This in-service program shall be conducted for the number of days and hours
per day necessary to provide the basis for certiflability by participants by 199192. The Lowell Public Schools will request extension of the current waivered
status of teachers in the bilingual program pending completion of this inservice program as soon as is possible.
Task 5.13
The Lowell School Department will be conducting nine in-service, citywide staff
development workshops durtng the 1988-89 school year. Six of the nine will be
at the school level and addressing the needs assessment of each_ individual
school. The remaining three will be addressing systemwide concerns. It is
anticipated that staff development will be conducted annually.
Individual school plans for such training shall be submitted in advance to the
Professional Development committee and Deputy Superintendent for Personnel
who shall ensure that they are properly coordinated with overall systemic
efforts.
Task 5.14
The Deputy Supertntendent for Personnel shall plan and ensure the delivery of
coordinated training to system administrators and prtncipals regarding
linguistic minority issues.
PARENTAL INVOLVEMENT
OBJECTIVE 6

To assure effective linguistic minority parental, student, and community
involvement in providing support to, and in decision-making, regarding
linguistic minority services and concerns.
Task 6.1
Full compliance with Federal and State requirements governing parental
involvement in linguistic minority programming; support and funding of Parent
Advisory Councils (PACs) as currently provided; involvement of other
~mmuni_ty organizations such as mutual assistance associations; and
understandable communication in native-language with these parents,
Advisory Councils, and community organizations.

Page 13 (Voluntary Compliance Plan) -- October 28, 1988

�Task 6.2
All School Department communications to linguistic minority parents from
those groups to which Bilingual services are provided shall be in English and
in native language by way of written translations and/ or oral interpretation.
For linguistic minority parents of mainstream students, there shall be a good
faith effort to provide such translation into languages in which Bilingual
services are provided.
Task 6.3
At all School Committee meetings attended by non-English proficient linguistic
minority parents, there shall be provided the necessary translation and
interpretation services by establishing a pool of voluntary translators, without
compensation, to insure maximum effective participation by speakers of
languages in which services are provided by the Lowell Public Schools. The
Master PAC shall make arrangements to provide the above.
ACCESS TO EQUAL FACILITIES AND TECHNOLOGY
OBJECTIVE 7

Linguistic minority students are entitled to be placed in facilities equal in
quality to those utilized for monolingual students, and shall at no time be
segregated in separate, unequal facilities. Facilities utilized for linguistic
minority educational programming shall be adequately sound-proofed and
otherwise appropriate for instruction. No hallways or portions of hallways
shall be used for providing services to such students. Each bilingual class up
to the maximum student-teacher ratio permitted by State law shall be housed
in a separate classroom. No two bilingual or ESL classes shall simultaneously
share a single classroom, although team-teaching is permissible when
appropriate.
Task 7.1
The Project Director, Supervisor of Transitional Bilingual Education and
"Master PAC will regularly monitor program implementation to assure
compliance with the above-described objective.

Page 14 (Voluntary Compliance Plan) -- October 28, 1988

�-----1--

Task 7.2
The Assistant Superintendent for Cuniculum and Instruction Services,
Supervisor of Transitional Bilingual Education Programs and Master PAC shall
also monitor to ensure that linguistic minority ~tudents have equal access to
computer-assisted
instruction in both English and their native language as
appropriate and as needed. Such instruction shall not be limited to remedial
purposes, but rather should reflect whole language and other pedagogical
approaches. This shall include positive efforts to develop, adapt. and procure
necessary software and additional hardware.
Existing computers and softw~e shall be equally distributed throughout the
school system.
Transitional bilingual and multilingual/multicultural
programs shall have a
fair share of such technological resources throughout the School System.
PROGRAM LOCATION
OBJECTIVES
Programs serving linguistic minority students shall be placed in locations
chosen as a result of planning by the Superintendent of Schools, the Project
Director and the Transitional Bilingual Education Supervisor.
Task 8.1
Locations shall be chosen which assure: a) compliance .with desegregation
requirements; b) maximum access for effective parental involvement, ..and c)
implementation of system's overall equal educational opportunity objectives.
Task 8.2
Location of all classes must be approved by the Lowell School Committee
IDENTIFICATION OF STUDENTS TO BE SERVED
OBJECTIVE9
All students of linguistic minority origin with limited English proficiency
entitled to native language instruction under Federal and State law and
~ulations
shall be promptly and appropriately identified and served.

Page 15 (Voluntary Compliance Plan) -- October 28, 1988

�--,

Task 9.1
No student entitled to such se:rvices shall be placed on "waiting lists" nor in
any other manner deprived of their right to appropriate se:rvices.
Task 9.2
All students entitled to services shall be identified as in need of services upon
registration through centralized enrollment at the Parent Information Center
by trained staff proficient in their home language, as well as by means of the
Home Language Swvey required by State law.
This staff shall fully inform each such students' parents of their right to
appropriate services and shall refer them in contact with the bilingual program
liaison or other bilingual personnel.
Task 9.3
Students in need of appropriate language services shall be tested for their
English proficiency upon registration and thereafter. placement by
appropriately trained staff, on valid measures. Native language proficiency will
be assessed by classroom teachers within a reasonable time after placement.
These measures shall be monitored by the IAU Testing &amp; Assessment Specialist
for their appropriateness.
Task 9.4
All students in need of approprtate language services shall be tested for
academic achievement in their native language within 10 days of placement, by
means of valid written and/ or oral measures administered by appropriate
trained staff.
Task 9.5
Every reasonable effort will be undertaken to promptly fully document the prtor
schooling experiences of newcomer students by means of school records as well
as evidence of school work in their family's possession. Special efforts will be
undertaken to identify the nature of such prior schooling experiences in the
case of refugee children and of children from Puerto Rico. In the latter
instance, requests for records and other appropriate information will be
\7igorously pursued through the island's Department of Public Instruction, and
by means of available computer communication and information networks.

Page 16 (Voluntary Compliance Plan) -- October 28. 1988

�Task 9.6
The nature of p'rior schooling will be taken into account in assigning newcomer
students to appropriate programming, and in providing additional supportive
services as necessary.
EXIST AND POST-EXIT MONITORING
OBJECTIVE l 0

No student shall be exited from the transitional bilingual program until a
Bilingual Pupil Study Team has been convened with appropriate notlftcation to
and opportunity to attend by the child's parent and/ or representative. These
Teams' proceedings shall be fully documented, signed by all those present, and
placed on file in the Bilingual office. The testing results and recommend_ations
are placed in each student's cumulative folder. In all cases, 603 CMR 1405,
paragraph 3, shall prevail.
Task 10.l
Exiting from the program shall be overseen by the I.AUTesting &amp; Assessment
Specialist, based on multiple criteria to be discussed at the Bilingual pupil
Study Team meetings. These criteria include valid measurements of: a) English
and native language proficiency and academic achievement; b)
recommendations by teachers, guidance counselor, and Chapter I staff, as
needed; and c) parental input. Students readiness for exiting pursuant to
these criteria shall be reviewed on at least an annual basis.
Specific criteria shall be reviewed and modified as appropriate by Transitional
Bilingual Education Supervisor and IAU Testing &amp; Assessment Specialist on a
regular basis.
Task 10.2
Data regarding each student exited or partially integrated from the bilingual
program each year shall be compiled and reported to the_Project Director by the
Transitional Bilingual Education Supervisor in January and June of each year.
Task 10.3
--sach student exited from the bilingual program is entitled to the controlled
choice process under the Voluntary D~egregation Plan, either to be assigned
to a school where he/ she had been receiving Transitional Bilingual Education
services as described in the Voluntary Desegregation Plan as amended, or
another school of their choice.
Page 17 (Voluntary Compliance Plan) -- October 28, 1988

�Task 10.4

Exited bilingual program students will receive follow-up tutorial and other
supportive services such as Chapter I and/ or remedial reading, if needed.
Task 10.5

No transitional bilingual program student shall be held back or placed in lower
grade or the same grade upon exiting or lateral mainstream without convening
of a Bilingual Pupil Study Team with the opportunity for parental
participation, at which basis for such recommendation is fully presented. If
the parent disagrees with the decision of the Bilingual Pupil Study Team, they
have the right to appeal to the Superintendent for review ofthe decision.
Task 10.6

Bilingual Pupil Study Teams·shall be convened for exited students experiencing
difficulty in the mainstream.
Such monitoring teams shall be convened at
minimum within one year of initial exiting. Parents shall be given the
opportunity to participate in these meetings. The IAU Testing &amp; Assessment
Specialist monitors the progress of all exited students.
Task 10.7

Comprehensive standards for integration of students shall be developed
together with appropriate transitional programming by Principals and the
Bilingual Education Supervisor. These standards and programrecommendations shall be implemented beginning with the 1988-1989 school
year.
DROP-OUT PREVENTION AND RECOVERY SERVICES

O&amp;JECTIVE 11

Each linguistic miJ?.ority student has the right to be identified as in need of
drop-out prevention services where the student exhibits a pattern of a)
excessive absences; b) consistent under-achievement in native language and/ or
English: and c) identification as "at risk" for grade retention and other reasons
by teacher, parent, self, or other staff referral.
Task 11.l

~ch
school serving linguistic minority students shall develop effective plans to
provide students identified as "at risk" with linguistically and culturally
appropriate regular and alternative instructional and supportive services to
encourage continuing attendance in school.
Page 18 (Voluntary Compliance Plan) -- October 28, 1988

�Task 11.2

In compliance with 11.1 above, each individual preventive instructional and
supportive services plan shall be developed with parental and student (if age 12
or above) participation, as well as representation from among the student's
teachers, and other staff involved (guidance, bilingual, special,compensatory,
and vocational education, as approprtate).
GRADES 9-12
Task 11.3

At Lowell High School, Bilingual Guidance Staff and other support staff such
as MICAS and SPED provide counseling services to linguistic minority students
at grades 9-12.
ELEMENTARY K-8 GRADES
Task 11.4

School Administrators will continue to seek drop-out preventative measures for
all at risk students in their school. Native speaking liaison staff from the
Transitional Bilingual Education office continuously are called upon to assist
at the K-8 school.
Task 11.5

During the 1988-1989 school year, all School Department Staff
(Administrative, teaching, paraprofessional} will participate in nine staff
development workshops. The Deputy Superintendent for Personnel is
responsible for assuring that new personnel receives the necessary inf onnation
prior to assignment.
Task 11.6

Every student who
has left school prior to graduation for any reason other
I
than departure from Lowell, since the 1986-87 school year, shall be identified
within 14 days of the adoption of this Plan by the Guidance Department, and
shall be contacted personally and appointments scheduled to review their
status. The entire staff, including the Bilingual Liaison staff, will be utilized
by the Guidance Department to personally communicate with_ these students.
~e
Citywide Director of Guidance will be responsible to cany out this task. A
list of students identified and then of those contacted (indicating by whom,
how, and when), broken down by group and last school of attendance, shall be
compiled and submitted to the Superintendent's Office. This list shall indicate
which students are willing to return to school.
Page 19 (Voluntary Compliance Plan) -- October 28, 1988

�Task 11. 7
The Citywide Director of Guidance will notify the various organizations,
agencies and media of the above mentioned initiation.
Task 11.8
Each student contacted pursuant to the above-described task shall be
encouraged to return to school. Those interested in returning to school shall
participate in the development of an effective learning plan to continue their
schooling. They shall be entitled to equal access to all educational programs
provided by the Lowell Public Schools and to specially funded and designed
programs as necessary suited to their needs. Guidance or other personnel
shall coordinate the development of their effective learning plans. These plans
shall be reported to the Assistant Supertntendent for Curriculum and
Instruction.
CHAPTER I
OBJECTIVE 12
Linguistic minority students shall have equal access to Chapter I and other
compensatory education services.
Task 12.1
Instructional Services in Chapter I Reading and Mathematics will be provided
in English and the native language.
Task 12.2
Through uniform criteria, children are selected for participation on the basis of
educational deprivation, not on the basis of English speaking proficiency
alone. The referral/ selection process ranks students according to greatest
need. A system-wide rank order eligibility list identifies students in greatest
need. Students in greatest need will receive instructional services in English as
a Second Language, Reading and Mathematics. Reading and mathematics
instruction will be provided in English and the native language.
Task 12.3
The Assistant Superintendent for Curriculum and Instructional Services, the
----S.Upervisor of Transitional Bilingual Education and the Master PAC shall
monitor the equal provision of remedial services to linguistic ~inority students
on a regular basis.

Page 20 (Voluntary Compliance Plan) -- October 28, 1988

�Task 12.4

1\vo full-time Parent Liaisons have been added for the 1988-89 school year to
work under the Parent Coordinator. These positions will employ a native
Khmer or Hispanic speaking person.
BILINGUAL EARLY CHILDHOOD EDUCATION
O&amp;JECTIVE 13

Each newly constructed or renovated school site shall attempt to provide
bilingual early childhood educational programming.
Task 13.1

The Assistant Superintendent for Curriculum &amp; Instruction Services,
Supervisor of Transitional Bilingual Education and the Early Childhood
Director shall coordinate the planning of bilingual early childhood
programming.
SPECIAL EDUCATION
OBJECTIVE 14

The Lowell Public Schools shall ensure that adequate and appropriate bilingual
special education services are provided to students of limited English
proficiency who require special education. No student whose primary or home
language is other than English shall be placed in a special education program
until appropriate assessments of linguistic proficiency and academic
achievement are completed. (The administration of such tests shall not delay
placement in bilingual special education programs nor in any way extend the
time for completing a special education evaluation under the Chapter 766
Regulations.) All students who are eligible for enrollment in a bilingual
program who are also found to be in need of special education services shall be
provided with bilingual special education.
Task 14.1

All psychological testing and evaluation of students whose primary or home
--i-anguage is other than English shall be conducted by persons who are fluent in
both languages, or at minimum proficient in the cultural background of the
student tested.

Page 21 (Voluntary Compliance Plan) -- October 28. 1988

�Task 14.2
All psychological testing and evaluation of students who are eligible for
enrollment in the bilingual program shall be conducted in their own language.
Caseloads for bilingual psychologists shall not exceed the ratios for those of
non-bilingual psychologists, and whenever it is determined on this or any
other reasonable basis that a bilingual psychologist's workload. is excessive,
additional bilingual personnel shall be hired or contracted for immediately as
necessary. Priority in the provision of psychological services shall be on
linguistic and cultural background related to that of the students to be sei:ved,
and professional experience and training regardless of citizenship.
Task 14.3
Special Education evaluations shall be completed within thirty school days of
the date when parental consent for an evaluation is received. A request for
parental consent shall be sent to a student's parents in the primary or home
language within five days of a referral for an evaluation (as provided in Section
317 or the Chapter 766 Regulations). A written request by a parent for special
education services or a special education evaluation shall constitute parental
consent to proceed with an evaluation.
Task14.4
Bilingual personnel (teacher, counselor and/ or administrator) shall participate
as a member of the evaluation team for each child whose primary or home
language is other than English at each stage of the special education process
(including the pre-referral, referral, assessment, placement, and periodic review
stages).
Task 14.5
The Lowell Public Schools shall hire and train at least one full time
Cambodian; one full time Hispanic, and one part time Laotian bilingual
community liaison interpreter in special education. These persons shall work
in the area of bilingual special education, and shall provide assistance to the
bilingual evaluation team chairpersons and parents.
~ least one Cambodian and one Hispanic clerk shall be hired to work out of
the central special education office on a full time basis. These community
liaisons and other central office supportive services .personnel will be
appropriately trained in special education assessment, evaluation, placement,
compliance, and community outreach issues upon hiring.
Page 22 (Voluntary Compllance Plan) -- October 28, 1988

�Task 14.6

The Lowell Public Schools shall employ sufficient bilingual special education
teachers to ensure that appropriate bilingual special education services are
provided to students of limited English proficiency in need of special
education. This number shall be determined by the Administrator of Special
Education, and once fixed, said staff will be recruited and hired as soon as
possible, and in no case later than the beginning of the 1988-1989 school year.
Task 14.7

The Lowell Public Schools shall employ sufficient bilingual certified speech
pathologists to ensure that appropriate bilingual speech and language services
are provided to students of limited English proficiency in need of such services.
The Lowell Public Schools shall employ at least two bilingual certified speech
pathologists, one for the Southeast Asian component and one for the Hispanic
component, unless maximum feasible efforts to recruit and employ such
personnel are unsuccessful.
Task 14.8

The Lowell Public Schools shall employ bilingual special education personnel
to provide or assist in the provision of bilingual special education services to
children of limited English Proficiency who are vision impaired or hearing
impaired, or in need of adaptive physical education, occupational or physical
therapy, .if determined necessary by the Administrator of SPED. Preference in
the hiring of all such staff shall be on behalf of those with the necessary
linguistic and cultural background, and representatives of each linguistic PAC
shall participate in the interviewing of staff intended to serve students of their
linguistic background.
Task 14.9

The Lowell Public Schools shall provide special education services to linguistic
minority students in a manner that does not result in disproportionate underenrollment or over-enrollment of linguistic minority students in individual
special education prototypes.
~k14.10

The Lowell Public Schools shall ensure that linguistic minority students of
limited English proficiency are not misclassified for special education purposes
due to a language barrier.
Compliance with the above-described specific tasks to assure linguistically and
Page ·23 (Voluntruy Compliance

Plan) -- October 28, 1988

�culturally appropriate equal educational opportunities to linguistic minority
children shall be regularly monitored by the Administrator of Special
Education.
VOCATIONAL EDUCATION
OBJECTIVE 15

The Lowell Public Schools shall ensure that all linguistic minority students are
provided with equal access to all vocational and occupational courses and
programs offered by or through the Lowell Public Schools. The Lowell Public
Schools shall ensure the availability of adequate bilingual staff, including both
teachers and counselors, as well as the availability of necessaxy resources in
order to fulfill this obligation.
Compliance with the above-described task shall be monitored by the Citywide
Director of Guidance on a regular basis.
DISCIPLINE
OBJECTIVE 16

The Lowell Public Schools shall take all necessary action to ensure that all
disciplinary sanctions are applied in a manner which does not discriminate
against students on the basis of race, national origin or native language, and
shall take all necessary action to eliminate forthwith any racial disparities in
suspension rates.
No linguistic minority students shall be subjected to any form of disciplinary
action or reprimand for expressing themselves in their native language.
Task 16.1

The Lowell Public Schools shall provide for a bilingual administrator, teacher,
and/ or counselor to be present when any student of limited English proficiency
is confronted regarding any disciplinary issue.
Task 16.2
A]J notices sent to parents for groups in which Bilingual services are provided
regarding disciplinary matte,rs shall be in the primary language of the home.
--4!1notices sent to these linguistic minority parents pursuant to this provision
shall include the name, title and position of the school administrator or
counselor who is available to discuss the matter further with the parent. A
native speaking translator shall be available to discuss the disciplinary matter
with the parents.
Page 24 (Voluntary Compliance Plan) -- October 28-, 1988

�Task 16.3

1

The Lowell Public Schools shall maintain and compile information regarding
all disciplinary action resulting in a suspension. Upon request, the principal of
each school shall provide the following information to the Superintendent
regarding each suspension:
1.
date of disciplinary action
2.
length of suspension
3.
cause .of suspension
4.
age, race and sex of student
5.
primary or home language of student
6.
whether student is enrolled in bilingual or ESL classes
Only the Lowell School Committee can expel a student. 2
Task 16.4
All student disciplinary rules and codes (whether system-wide or promulgated
by individual schools) shall be published in both English and the home
language and copies shall be issued to students.
Task 16.5 3
The. Lowell Public Schools shall use maximum feasible efforts to ensure that
students and parents can utilize the procedures for appealing disciplinary
actions.
These actions shall include, but not be limited to the following:
1.
Distrtbute copies of pamphlets describing procedures to each student. in
English and in the primary language of the home at the beginning of
each semester;
2.
Describe the appeal procedure to students over the public address system
in each school at least once each semester;
3.
Provide a copy of the pamphlet describing the procedures, to the parent of
each student who is suspended or expelled on the day that the
suspension or expulsion first occurs.

' For further update on requireddisciplinaryprovisionsand proceduressee the EducationRefonn Act of
1993 and the resulting court decisionsand policies.
2 For further update on requireddisciplinaryprovisionsand proceduressee the EducationReformAct of
1993 and the resulting court decisionsand policies.•
3 For further update on requireddisciplinaryprovisions
and proceduressee the EducationRefonn Act of
1993 and the resulting court decisionsand policies.
•

Page 25 (Voluntary Compliance Plan) -- October 28,.1988

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                    <text>Analysis of the Lowell Public Schools Hispanic-Latino/a/x/e Experience Report
CPE 2205
Jill Hendrickson Lohmeier, Ph.D.
Teresa I. Gonzales, Ph.D.
Shanna R. Thompson, Ed.D.

Submitted to: Latifah Phillips
Lowell Public Schools
October 25, 2022

Acknowledgements. Thanks to the following Center for Program Evaluation students who
helped with this report: Eisha Haroon, Essowelda Tewoutchoyo, Golnar Fotouhi, Haad Naeem,
Holly DeAngelis, Joanna Miller, Maddalana Emond, Siffat Sharmin, Xiaoye Yang, and Zachary
Katimy.

1

�Table of Contents
Executive Summary ........................................................................................................................ 3
1. Lowell Public Schools ................................................................................................................ 7
2. Evaluation Objectives, Responsibilities, and Methods ............................................................. 11
2.1 Evaluation Period and Objectives ....................................................................................... 11
2.2 Structure of Evaluation Responsibilities ............................................................................. 11
2.3 Evaluation Methods............................................................................................................. 11
3. Secondary Data Analysis Results ............................................................................................. 14
4. LPS Stakeholders’ Perspectives: Focus Group Results ............................................................ 37
4.1 Hispanic-Latino/a/x/e Employee Focus Group Results ...................................................... 37
4.2 Hispanic-Latino/a/x/e Parent Focus Group Results ............................................................ 41
4.3 Hispanic-Latino/a/x/e Student Focus Group Results .......................................................... 44
5. Limitations ................................................................................................................................ 50
6. Conclusions ............................................................................................................................... 50
7. Recommendations ..................................................................................................................... 51
References ..................................................................................................................................... 52
Appendices.................................................................................................................................... 53
Appendix A ................................................................................................................................ 54
Appendix B ................................................................................................................................ 58
Appendix C ................................................................................................................................ 62
Appendix D ................................................................................................................................ 66

2

�Executive Summary
The Center for Program Evaluation was contracted by Lowell Public Schools (LPS) and
Fortaleza Inc to conduct an analysis of the Hispanic-Latino/a/x/e students in this school district.
To provide a complete picture of the students’ experience, this report, along with several
supplemental documents, compiles both quantitative and qualitative data and concludes with an
assessment of the students’ experience, followed by recommendations for potential
improvements.
Highlighted Evaluation Findings
• The total student population in LPS has decreased by 3.1% from 2017 to 2022, while the
Hispanic-Latino/a/x/e student population increased by 14.5% and the HispanicLatino/a/x/e staff increased by 38.2% during the same period. The Henry J. Robinson
Middle School, the Charlotte M. Murkland Elementary School, and the Moody
Elementary School had the largest increases in Hispanic-Latino/a/x/e students from 20172022, while the Laura Lee Therapeutic Day School had the largest decrease in HispanicLatino/a/x/e students for that same period.
• During the 2021-2022 school year, the percentage of Hispanic-Latino/a/x/e students in
each school ranged from 16.3% to 59% with a district average of 37.7%, which is higher
than the state average for this group (23.1%). Six schools had 50% or more students who
identify as Hispanic-Latino/a/x/e: LeBlanc Therapeutic Day School (59%), Henry J.
Robinson Middle School (55%), Moody Elementary School (52%), Joseph McAvinnue
Elementary School (50%), S. Christa McAuliffe Elementary School (50%), and
Greenhalge Elementary School (50%).
• A majority of LPS staff identified as White (85%) in 2021-2022, while only 7% of LPS
staff identified as Hispanic-Latino/a/x/e; nevertheless, this amount is slightly more than
the state’s average (5.4%). Six schools have more than 10% of their staff identifying as
Hispanic-Latino/a/x/e: S Christa McAuliffe Elementary School (12.1%), Joseph
McAvinnue Elementary School (13.7%), Henry J. Robinson Middle School (12.4%),
Laura Lee Therapeutic Day School (18.9%), LeBlanc Therapeutic Day School (15.7%),
and Peter W. Reilly Elementary School (11.2%).
• Approximately 48% of the ELs in LPS identify as Hispanic-Latino/a/x/e, which is lower
than the state average (63.4%). The most common language for ELs is Spanish (38.7%).
The ELs come from 53 different countries with the most common country being the
United States and the second most common country being Brazil (15%). The Moody
Elementary School (53.5%) had the most ELs in 2021-2022.
• Eighteen schools (66.7%) had an average class size larger than the state’s average of 16
students during the 2020-2021 school year. During that same year, the district’s average
student to teacher ratio (12.8 to 1) was higher than the state average (11.9 to 1).
• During 2021-2022, 925 students were disciplined. Of those 925, 52.2% were HispanicLatino/a/x/e students. This ethnicity group was disciplined more in LPS compared to all
other race/ethnicity groups. Of the 283 students Lowell High School disciplined in 20212022, 50% were Hispanic-Latino/a/x/e. The Henry J. Robinson Middle School and

3

�•

•

•

•

•

•

•

•

Kathryn P. Stoklosa Middle School had the next highest number of Hispanic-Latino/a/x/e
students being disciplined with more than 50 each.
Overall, at the end of the year of the 2021-2022, the district had a fair attendance rate of
89.7%, while Hispanic-Latino/a/x/e students had a slightly lower rate of 87.5%. All but
four of the LPS had attendance rates for Hispanic-Latino/a/x/e students in 2021-2022
over 85%. Those four schools were Lowell High School (83.6%), Laura Lee Therapeutic
Day School (79.9%), the LeBlanc Therapeutic Day School (68.7%), and Career Academy
(61.8%).
The retention rate (i.e., repeating a grade rate) for Hispanic-Latino/a/x/e (3.6%) was
higher than that of all students in the district (2.8%). The schools with the highest
retention rates in LPS during 2021-2022 were the Career Academy (32.6%), Lowell High
School (12.9%), and Dr. Janice Adie Day School (8.3%).
The attrition rate in 2021-2022 was 11.9% for Hispanic-Latino/a/x/e which is only
slightly higher than the rate for all students in the district (11.2%). Three schools had
attrition rates that exceed 20% for Hispanic-Latino/a/x/e students, they were: the
Charlotte M. Murkland Elementary School (20.1%), Dr. Janice Adie Day School
(23.1%), and the Career Academy (23.3%).
During the 2021-2022 school year, the four schools with the highest churn rates (i.e.,
students transferring into or out of the school) in the district were Career Academy
(50%), Washington Elementary School (34.2%), Cardinal O'Connell Early Learning
Center (33.3%), Bartlett Community Partnership (32.4%), and Lowell High School
(30%). The three school with the lowest churn rates in the district during 2021-2022 were
Dr. An Wang Middle School (13.7%), James S. Daley Middle School (15%), and
LeBlanc Therapeutic Day School (15.4%).
The LPS Hispanic-Latino/a/x/e MassCore completion rate (6.8%) was lower than any
other subgroup in the entire district. The Grade 9 course passing rate for HispanicLatino/a/x/e students in LPS (31.7%) was lower than the all-students’ rate (46.1%) in
2020-2021.
All of the graduation rates (2021 for 4-year, 2020 for 5-year) for Hispanic-Latino/a/x/e
students in LPS were lower than the all-students’ rates. The dropout rate for HispanicLatino/a/x/e students in LPS (4.7%) was slightly higher than the all-students’ rate (2.7%)
and the special education rate (3.2%), but lower than the ELs’ rate (6%).
In terms of advanced course completion, the Hispanic-Latino/a/x/e students have the
lowest rate compared to all other race/ethnicity groups. Approximately 34% of the 20202021 Hispanic-Latino/a/x/e graduates attend higher education which was lower than the
all-student rate (53.3%). The most common types of higher education the LPS HispanicLatino/a/x/e graduates attend are two-year public institution (45%), MA community
colleges (43.3%), and four-year public institution (41.7%).
During focus group interviews, Hispanic-Latino/a/x/e employees, parents, and students
were forthcoming with their perspectives on what they liked about LPS, how they define
academic success, the challenges Hispanics-Latinos/as/xs/es face in the LPS district, and
their recommendations for improvement.

4

�o Employees within the district like the increased diversity, the relationships they
have, and the Hispanic-Latino/a/x/e culture. Parents like how the district includes
families, has good communication, and had students actively learning during the
pandemic. Students like how diverse LPS is. They also like having racial/ethnic
discussions, having translation supports, and making community connections.
o The challenges identified by the focus group participants include bullying and
harassment, low expectations, assumptions, stereotypes, micro- and macroaggressions, unfair treatment and inequities, limited opportunities, lack of
representation, academic language-related difficulties, language barriers, lack of
trust in adults, turnover, stressful transitions, untrained substitute teachers, limited
familiarity with the U.S. education system, and external factors.
Conclusions
LPS experienced a 14.5% increase in Hispanic-Latino/a/x/e student enrollment since the 20172018 school year. The district hired more Hispanic-Latino/a/x/e staff (38.2%) during that same
period. The Hispanic-Latino/a/x/e parents noticed that as the number of Spanish speaking staff
increased within the district, the inclusion and communication within the schools improved. The
district has dedicated teachers who are actively trying to improve the Hispanic-Latino/a/x/e
experience. Employees, parents, and students feel the district acknowledges and celebrates the
different cultures within LPS. Even so, the district needs to continue improving the HispanicLatino/a/x/e experience within the district by addressing the challenges identified in the focus
groups, amending some current practices, and adapting to students’ varying needs and cultural
backgrounds. Also, it is important to note bullying was a main topic of discussion and concern
for students and parents, but employees discussed it only minimally, which is consistent with the
finding that several students said they do not have an adult they feel comfortable talking with at
school. Thus, they may not feel comfortable telling adults that bullying is occurring. The
following section provides recommendations for continued improvement based upon the work
that has already been started in LPS.
Recommendations
First and foremost, given the number of Hispanic-Latino/a/x/e students within the district, more
Hispanic-Latino/a/x/e educators should be hired. LPS might consider “Grow Your Own Model”
that has been successful in Illinois and Washington. More details can be found here:
https://www.doe.mass.edu/teach/NationalModels.html. To improve the experience of HispanicsLatinos/as/xs/es in LPS, the recommendations from the employees, parents, and students
provided earlier in this report and summarized in the bullets below should be considered and
incorporated:
• Employees recommended establishing a welcoming environment with more
representation for Hispanic-Latino/a/x/e students, families, and staff, more academic
opportunities and supports, more flexibility, and more consistency.
• Parents recommended adding more bilingual adults, more safety trainings, more bullying
prevention, more sports and extracurricular programs, more cultural exchanges within the
school community, and other recommendations discussed further in the report.
• Students recommended increasing Hispanic-Latino/a/x/e representation in faculty and
staff, encourage more connections between members of the school community, provide
more language-related academic supports, offer more clubs and social opportunities,

5

�improve awareness issues such as bullying, and other recommendations discussed further
in the report.
In addition, the findings in the Best Practices Report should also be considered and incorporated.
They include specific recommendations about how to do each of the following essential elements
for building the success of Hispanic-Latino/a/x/e students:
• Develop and implement inclusive policies and practices.
• Encourage bilingualism and multilingualism.
• Connect curricula to students’ cultural backgrounds.
• Engage Hispanic-Latino/a/x/e students in classes and have high expectations.
• Strengthen communication between schools and Hispanic-Latino/a/x/e families.
• Support and understanding familism.
• Empower students.
• Strengthen relationships between students and school personnel.
• Increase community connections and partnerships.
• Address racial and ethnic inequalities, discrimination, prejudices, and stereotypes.
• Increase resources and supports for students and families.
• Increase mental health resources and supports.

6

�Analysis of the Lowell Public Schools Hispanic-Latino/a/x/e Experience
The Center for Program Evaluation was hired by Lowell Public Schools (LPS) and Fortaleza, Inc
to analyze the Hispanic-Latino/a/x/e experience in LPS to determine existing strengths and
potential ways to improve the existing academic environment for Hispanic-Latino/a/x/e students.
To provide a complete picture of the Hispanic-Latino/a/x/e experience, various types of data
were gathered and analyzed. This report is divided into several key sections with a goal of
providing formative feedback to LPS. The first section provides a brief overview of Fortaleza,
Inc and LPS. Section 2 provides a description of the evaluation objectives and methods. Section
3 provides the results of our secondary data analysis. Then findings from the qualitative data
collected from key stakeholder groups are presented in Section 4. Section 5 provides the
limitations of this study. The report concludes with an assessment of the Hispanic-Latino/a/x/e
experience within LPS based on all of the data described, followed by recommendations for
potential improvements.
1. Lowell Public Schools
Lowell Public Schools are located in Lowell, MA, which is a gateway city located 30 miles
northwest of Boston. According to the U.S. Census Bureau (2021), 113,994 people live within
the city’s 13.58 square miles. According to Granberry and Mattos (2017), Lowell’s largest
subgroup of Hispanic-Latino/a/x/e residents is the Puerto Rican community followed by
Dominicans, Colombians, Mexicans, and Guatemalans.
LPS currently has 27 schools: 10 PreK-4, two PreK-8, one PreK-12, one PreK, two K-4, one K6, one K-8, six 5-8, one 8-12, and two 9-12. The Central Administration for the district is located
at 155 Middlesex Street in Downtown Lowell. LPS is currently working with Fortaleza, Inc.
Founded in 2017 and incorporated as a non-profit in 2020, Fortaleza Inc is a group of educators,
community leaders, and parents advocating for the removal of structural educational inequities
and barriers and the elimination of education opportunity gaps for K-12 Latino students in the
LPS.
During the 2021-2022 school year, the percentage of Hispanic-Latino/a/x/e students during this
year in the district ranged from 16.3% to 59% with an average of 37.7%. Six schools had 50% or
more students who identify as Hispanic-Latino/a/x/e: LeBlanc Therapeutic Day School (59%),
Henry J. Robinson Middle School (55%), Moody Elementary School (52%), Joseph McAvinnue
Elementary School (50%), S. Christa McAuliffe Elementary School (50%), and Greenhalge
Elementary School (50%). Table 1 lists the 27 schools in LPS by the percentage of HispanicLatino/a/x/e students in 2021-2022. Figure 1 shows where each of the schools are located within
the city. Figure 2 provides the LPS organizational chart.

7

�Table 1
Percentage of Hispanic-Latino/a/x/e in Each Lowell Public School in 2021-2022
2021-2022
No. on
% of
Total
Map in
Name of School
Hispanic- Enrollment
Figure 1
Latino/a/x/e
1
59.0%
39
LeBlanc Therapeutic Day School
2
54.6%
635
Henry J. Robinson Middle School
3
51.5%
241
Moody Elementary School
4
50.2%
444
Joseph McAvinnue Elementary School
5
49.9%
479
S. Christa McAuliffe Elementary School
6
49.7%
465
Greenhalge Elementary School
7
47.1%
17
Laura Lee Therapeutic Day School
8
45.7%
865
Rogers STEM Academy School
9
44.9%
644
James Sullivan Middle School
10
44.3%
97
The Career Academy
11
43.0%
453
Charlotte M. Murkland Elementary School
12
41.2%
461
John J. Shaughnessy Elementary School
13
40.5%
84
Cardinal O'Connell Early Learning Center
14
39.5%
453
Pyne Arts School
15
39.2%
665
Dr. An Wang Middle School
16
37.4%
462
Bartlett Community Partnership
17
36.4%
456
Peter W Reilly Elementary
18
36.4%
646
Kathryn P. Stoklosa Middle School
19
34.9%
3,056
Lowell High School
20
34.8%
515
B. F. Butler Middle School
21
32.0%
484
Abraham Lincoln Elementary School
22
30.8%
454
Pawtucketville Memorial Elementary School
23
26.4%
246
Washington Elementary School
24
25.0%
52
Dr. Janice Adie Day School
25
23.7%
456
Dr. Gertrude Bailey Elementary School
26
16.9%
649
James S. Daley Middle School
27
16.3%
473
Charles W. Morey Elementary School
Note. Data were obtained from MA DESE (2022) website.

8

Grade
Levels
8-12
5-8
K-4
PreK-4
PreK-4
PreK-4
K-6
K-8
5-8
9-12
PreK-4
PreK-4
PreK
PreK-8
5-8
PreK-8
K-4
5-8
9-12, SP
5-8
PreK-4
PreK-4
PreK-4
PreK-12
PreK-4
5-8
PreK-4

�Figure 1
Map of Lowell Public Schools

Note. Map was adapted from City of Lowell (n.d.) School Zone map.

9

�Figure 2
LPS Organizational Structure

10

�2. Evaluation Objectives, Responsibilities, and Methods
The following section provides descriptions of the evaluation objectives and methods.
2.1 Evaluation Period and Objectives
This evaluation followed a combination of an asset-based community development approach
(Green &amp; Haines, 2015) and an improvement-focused evaluation model (Stufflebeam &amp; Coryn,
2014) in which the primary goal is for the evaluators to determine existing strengths and
potential ways to improve the experience and academic performance of Hispanic-Latino/a/x/e
students in LPS.
2.2 Structure of Evaluation Responsibilities
Jill H. Lohmeier, Ph.D., Associate Professor in the School of Education and Director of the
Center for Program Evaluation (CPE), and Teresa I. Gonzales, Assistant Professor of Sociology
at UMass Lowell were hired as the external evaluators in 2022. Under the direction of Dr.
Lohmeier, the CPE staff assisted with the evaluation. Key evaluation activities included:
● Initial meeting with key LPS district stakeholders and Fortaleza Inc. representatives;
● Recruiting a stakeholder evaluation review panel;
● Conducting a literature review;
● Analyzing relevant LPS-provided secondary data, current strategies, and reports;
● Implementing a district-wide survey;
● Conducting focus groups with Hispanic-Latino/a/x/e students, parents, and employees
(e.g., LPS teachers, staff, and administrators);
● Writing up the evaluation results into a final report; and
● Presenting results to LPS key stakeholders and leaders.
2.3 Evaluation Methods
The evaluation of the PK-12 Hispanic-Latino/a/x/e student experience at LPS includes both
qualitative and quantitative data collection and analyses. The types of data collected include
secondary school data (demographic data, attendance, graduation rates, schedules, test scores,
etc.), district-wide survey of Hispanic-Latino/a/x/e students, and focus group data (students,
parents, employees). The data were analyzed to identify both the strengths and opportunities for
improvement within the Hispanic-Latino/a/x/e student experience in the LPS district as well as
determine stakeholders’ perspectives, the challenges they are facing, and their recommendations.
The methods used for each type of data collected are described below.
Stakeholder Review Panel
A stakeholder review panel was created at the beginning of the evaluation. Members of the panel
included people from Fortaleza, LPS, UMass Lowell, and the Lowell community. The panel
helped guide the study by reviewing all of the developed instruments (e.g., survey questions,
focus group protocols) and consent forms (e.g., focus group consent forms) as well as the
evaluation plan.
Secondary School Data
School data was gathered from the Massachusetts Department of Elementary and Secondary
Education’s (MA DESE) website. Data and documents provided by LPS were also analyzed.

11

�Survey Data
The Hispanic-Latino/a/x/e student survey was designed to learn about the Hispanic-Latino/a/x/e
student experience at LPS. The survey contained 18 questions: nine Likert scale items about
students’ experiences in LPS; four open-ended questions about what their teachers have done
and would do to help them do better in school and feel more a part of the school community; and
five demographic questions. The survey was offered in both English and Spanish. Participants
were entered in a random drawing for a chance to win a pair of Airpods.
Unfortunately, the survey was administered by the school district on the last day of the 20212022 school year. Only six students participated. A separate briefing of the survey results was
created. The sample size was too small to make any conclusions from the results. The CPE
currently has a Community Social Psychology student doing their practicum in the CPE until
May 2022. Dr. Thompson has offered to have this student analyze survey data if the school
would like to try administering the instrument again during the 2022-2023 school year.
Focus Groups
Six focus groups were conducted during June - August 2022. The length of the focus groups
ranged from approximately 53 to 107 minutes. A total of 31 Hispanics-Latinos/as/xs/es (21
females, 10 males) participated. Overall, as a group combined, the focus group participants had
experience and familiarity with more than 50% of the LPS schools. All focus groups were
recorded verbatim, transcribed by CPE staff and translators, and then thematically analyzed. It is
important to note a Spanish speaking CPE staff member assisted with facilitating all of the focus
groups except the Employee Focus Group on June 23, 2022, and the High School Focus Group
on August 17, 2022. This staff member along with Dr. Gonzales also assisted with the
transcription and translation of the Spanish components of the recordings. They also helped
translate the focus group consent and assent forms as well as other related materials. Copies of
the focus group protocols are provided in Appendices A-C. Table 2 provides a summary of the
focus group details while Table 3 provides a breakdown of how the participants identify
themselves. The participants shared a wide range of terms they use to identify themselves.
However, the identity cited the most was Hispanic.

12

�Table 2
Focus Group Details
Focus Group

Date

Location

Language

Number of
Participants

Length

Employees

06/23/2022

Zoom

English

8 (8 F)

107 minutes

Parents

06/15/2022

155 Middlesex Street

Spanish

7 (6 F, 1 M)

90 Minutes

Elementary
School Students

06/14/2022

Boys and Girls Club

English &amp;
Spanish

6 (1 F, 5 M)

72 minutes

Middle School
Students

06/8/2022

Boys and Girls Club

English

4 (1 F, 3 M)

53 Minutes

High School
Students

06/17/2022

155 Middlesex Street

English

2 (1 F, 1 M)

103 Minutes

High School
Students

08/17/2022

27 Loring Street

English

4 (4 F)

94 Minutes

Table 3
How the Focus Group Participants Identify Themselves
Ethnicities
Students
Parents
American
1
Hispanic
3
6
Hispanic/Puerto Rican
3
Honduran/Latino
1
Latina
Latina/Hispanic
Latina/Hispanic/Latinx
Latino
3
1
Latinx
Puerto Rican
5
Totals
16
7

13

Employees
1
6
1
8

Totals
1
9
3
1
1
6
1
4
5
31

�3. Secondary Data Analysis Results
This section presents the findings from the secondary data analyses of data provided by the LPS
and the MA DESE website.
Gender
A majority of the LPS teachers during the 2021-2022 school year were female (80.7%). During
the 2021-2022 school year, LPS had a total student enrollment of 13,991. The gender breakdown
for students is 52% male and 48% female. The Laura Lee Therapeutic Day School (91%) and Dr.
Janice Adie Day School (80%) both have high male student populations.
Race/Ethnicity
In terms of race/ethnicity, a majority of LPS staff identified as White (85%) in 2021-2022, while
the largest race/ethnicity of students was Hispanic-Latino/a/x/e (37.7%) which is higher than the
state average for this group (23.1%). Approximately 7% of LPS staff in 2021-2022 identified as
Hispanic-Latino/a/x/e which is larger than the state’s average (5.4%). Six schools have more
than 10% of their staff identifying as Hispanic-Latino/a/x/e: S Christa McAuliffe Elementary
School (12.1%), Joseph McAvinnue Elementary School (13.7%), Henry J. Robinson Middle
School (12.4%), Laura Lee Therapeutic Day School (18.9%), LeBlanc Therapeutic Day School
(15.7%), and Peter W. Reilly Elementary School (11.2%). See Table 4 for further details about
LPS student and staff demographics.
Moreover, the total student population decreased by 3.1% from 2017 to 2022, whereas the
Hispanic-Latino/a/x/e student population increased by 14.5% and the Hispanic-Latino/a/x/e staff
increased by 38.2% during the same period. Figure 3 provides the last five years of student
enrollment in LPS broken down by race/ethnicity. From 2017-2022, 18 of the 27 schools
experienced an increase in students who identify as Hispanic-Latino/a/x/e. It is important to note,
the Cardinal O'Connell Early Learning Center was missing data for the 2017-2018 so we were
unable to determine whether they had an increase or decrease. The Henry J. Robinson Middle
School, the Charlotte M. Murkland Elementary School, and the Moody Elementary School had
the largest increases in Hispanic-Latino/a/x/e students from 2017-2022. During the 2021-2022
school year, the Cardinal O'Connell Early Learning Center, the Moody Elementary School, the
LeBlanc Therapeutic Day School, and the Henry J. Robinson Middle School had the largest
increases in Hispanic-Latino/a/x/e students. The Laura Lee Therapeutic Day School had the
largest decrease in Hispanic-Latino/a/x/e students from 2017-2022 and for the 2021-2022 school
year. The figures in Appendix D depict the changes in enrollment broken down by race/ethnicity
in all of the LPS schools from 2017-2022.
Table 5 breaks down the race of each type of employed educator in LPS. Over the last three
years, all five types of employed educators (i.e., administrator, teacher, paraprofessional, others)
had less than 12% identifying as Hispanic-Latino/a/x/e. Also, LPS Hispanic-Latino/a/x/e
administrators and teachers have both slightly increased in percentage.

14

�Table 4
2021-2022 Percentage of Race and Gender of Students (n=13,991) and Staff (FTE=2,126.5) in LPS
Race

Gender
MultiRace,
NonHispanic

Males

Females

NonBinary

0.2%

5.2%

50.2%

49.8%

-

-

-

-

5.4%

94.6%

-

12.1%

0.2%

-

3.2%

47.6%

52.4%

-

7.8%

84.5%

1.1%

-

-

17.1%

82.9%

-

31.7%

34.8%

21.6%

-

-

5.2%

49.9%

50.1%

-

6.7%

3%

1.5%

87.4%

-

-

1.5%

26.3%

73.7%

-

84

11.9%

23.8%

40.5%

16.7%

1.2%

-

6%

64.3%

36.9%

-

Staff

35

-

12.9%

7.1%

80%

-

-

-

-

100%

-

Charles W. Morey
Elementary School

Students

473

4.2%

59.4%

16.3%

15%

-

-

5.1%

49.5%

50.5%

-

Staff

70.4

-

5.7%

5.7%

88.6%

-

-

-

5.7%

94.3%

-

Charlotte M.
Murkland
Elementary School

Students

453

7.3%

30.5%

43%

16.1%

0.2%

-

2.9%

51.9%

48.1%

-

Staff

68.3

-

9.5%

4.4%

86.1%

-

-

-

13.9%

86.1%

-

Dr. An Wang
Middle School

Students

665

9.8%

18.2%

39.2%

27.2%

-

-

5.6%

50.8%

49.2%

-

Staff

73.7

-

2.7%

2.7%

94.6%

-

-

-

16.3%

83.9%

-

Dr. Gertrude Bailey
Elementary School

Students

456

4.4%

42.5%

23.7%

24.3%

-

-

5%

51.5%

48.5%

-

Staff

69.2

0.7%

2.9%

-

96.4%

-

-

-

2.9%

97.1%

-

Dr. Janice Adie Day
School

Students

52

15.4%

15.4%

25%

36.5%

1.9%

-

5.8%

76.9%

23.1%

-

Staff

50.6

2%

7.9%

7.9%

82.2%

-

-

-

25.7%

74.3%

-

Students

465

12.9%

12.3%

49.7%

21.5%

-

-

3.7%

52.7%

47.4%

-

Staff

80.4

3.1%

4.4%

3.7%

86.3%

1.2%

-

1.2%

3.7%

96.3%

-

School

Student/
Staff

Native
Native
Hawaiian,
American
Pacific
Islander

n

African
American

Asian

Hispanic

White

Students

484

4.1%

46.9%

32%

11.4%

0.2%

Staff

64.3

1.6%

7.8%

3.1%

87.6%

Bartlett Community
Partnership

Students

462

8.9%

38.1%

37.4%

Staff

90.1

1.1%

5.5%

B. F. Butler Middle
School

Students

515

6.8%

Staff

67.3

Cardinal O'Connell
Early Learning
Center

Students

Abraham Lincoln
Elementary School

Greenhalge
Elementary School

15

�Henry J. Robinson
Middle School

Students

635

7.2%

11.3%

54.6%

24.6%

-

-

2.2%

47.9%

52.1%

-

Staff

80.6

3.7%

6.8%

12.4%

75.8%

-

-

1.2%

24.8%

75.2%

-

James S. Daley
Middle School

Students

649

4.5%

49.3%

16.9%

23.9%

-

-

5.4%

54.1%

45.9%

-

Staff

86.4

2.3%

6.9%

3.5%

87.3%

-

-

-

17.9%

82.1%

-

James Sullivan
Middle School

Students

644

6.2%

13.8%

44.9%

30.7%

-

0.2%

4.2%

51.2%

48.8%

-

Staff

87.2

5.2%

1.1%

8%

85.7%

-

-

-

24.1%

75.9%

-

John J. Shaughnessy
Elementary School

Students

461

6.1%

29.5%

41.2%

20.4%

-

-

2.8%

50.5%

49.5%

-

Staff

68.1

4.4%

-

4.4%

91.2%

-

-

-

8.8%

91.2%

-

Joseph McAvinnue
Elementary School

Students

444

7.4%

15.3%

50.2%

22.1%

-

-

5%

52%

48%

-

Staff

72.4

-

2.8%

13.7%

83.6%

-

-

-

11%

89%

-

Kathryn P. Stoklosa
Middle School

Students

646

4.5%

45.2%

36.4%

11.6%

-

-

2.3%

55.1%

44.9%

-

Staff

81.8

2.4%

8.6%

4.9%

83.5%

-

0.6%

-

32%

68%

-

Laura Lee
Therapeutic Day
School
LeBlanc
Therapeutic Day
School

Students

17

5.9%

-

47.1%

29.4%

-

-

17.6%

82.4%

17.6%

-

Staff

17.5

5.7%

-

18.9%

73.7%

-

-

1.7%

33.1%

66.9%

-

Students

39

2.6%

2.6%

59%

33.3%

-

-

2.6%

53.8%

43.6%

2.6%

Staff

20.4

2.5%

-

15.7%

80.9%

-

-

1%

30.9%

69.1%

-

Students

3056

11%

29.4%

34.9%

20.7%

-

-

3.9%

52.9%

47%

0.1%

Staff

323.9

2.5%

6%

8.8%

81.3%

-

-

1.4%

37%

63%

-

Students

241

6.2%

11.6%

51.5%

29%

0.4%

-

1.2%

46.5%

53.1%

0.4%

Staff

36.6

-

-

8.7%

91.3%

-

-

-

5.5%

94.5%

-

Pawtucketville
Memorial
Elementary School

Students

454

8%

24%

30.8%

32.8%

-

-

5.3%

50.9%

49.1%

-

Staff

67

2.2%

4.5%

-

93.3%

-

-

-

7.5%

92.5%

-

Peter W. Reilly
Elementary

Students

456

2.9%

10.3%

36.4%

45.2%

-

-

5.3%

49.1%

50.9%

-

Staff

66.9

1.5%

0.4%

11.2%

86.8%

-

-

-

4.5%

95.5%

-

Students

453

5.7%

13.1%

39.5%

36.9%

-

0.2%

3.6%

56.1%

43.9%

-

Staff

75.4

2.7%

4%

6.6%

86.7%

-

-

-

13.5%

86.5%

-

Lowell High School
Moody Elementary
School

Pyne Arts School

16

�Rogers STEM
Academy School

Students

865

9.5%

19.8%

45.7%

21.2%

0.2%

-

3.7%

53.6%

46.4%

-

Staff

103.3

2.4%

8.2%

5.2%

83.2%

1%

-

-

21.8%

78.2%

-

S. Christa
McAuliffe
Elementary School

Students

479

5.8%

9.2%

49.9%

30.9%

-

0.2%

4%

48%

52%

-

Staff

74.4

2.7%

1.3%

12.1%

83.9%

-

-

-

8.6%

91.4%

-

The Career
Academy

Students

97

6.2%

21.6%

44.3%

20.6%

-

-

7.2%

61.9%

38.1%

-

Staff
Students
Staff

17.1
246
50.9

7.3%
-

5.8%
42.7%
2.4%

5.8%
26.4%
3.9%

88.3%
17.5%
93.7%

0.4%
-

0.4%
-

5.3%
-

33.3%
63%
12.8%

66.7%
37%
87.2%

-

Students

13,991

7.7%

27.5%

37.7%

22.9%

0.1%

-

4.1%

52.1%

47.9%

-

Staff

2,126.5

2.2%

5.1%

7.1%

85.0%

0.1%

-

0.5%

19.3%

80.7%

-

Students

911,529

9.3%

7.2%

23.1%

55.7%

0.2%

0.1%

4.3%

51.3%

48.7%

-

Staff

140,800.7

4.8%

1.8%

5.4%

87.2%

0.1%

-

0.6%

20.5%

79.5%

-

Washington
Elementary School
District
State

Note. Data were obtained from MA DESE (2022) website.
Figure 3
5-Year Student Enrollment in Lowell Public Schools by Race/Ethnicity
2017-2018

7.9

28.9

31.9

27.4

3.9

2018-2019

7.9

28.7

33.1

26.4

3.9

2019-2020

7.9

28.3

34.4

25.5

3.9

2020-2021

7.9

28.2

35

24.8

4.1

2021-2022

7.7

27.5

37.7

0%
African American

10%
Asian

20%
Hispanic

30%

40%

Native American

50%
White

22.9
60%

70%

80%

Native Hawaiian, Pacific Islander

4.1
90%

100%

Multi-Race, Non-Hispanic

Note. For 2017-2018, n = 14,436; 2018-2019, n = 14,548; 2019-2020, n = 14,434; 2020-2021, n = 14,023; 2021-2022, n = 13,991.

17

�Table 5
3-Years of Employed Educators in LPS Broken down by Race/Ethnicity
American
African
Employed
Total
Indian or
Asian
American/
Educators
(n)
Alaska
Black
Native
Administrator
2019-2020
98
4.1%
4.1%
2020-2021
109
5.5%
5.5%
2021-2022
115
3.5%
4.3%
Teacher
2019-2020
1,079
0.1%
2.3%
1.1%
2020-2021
1,093
0.1%
3.1%
1.6%
2021-2022
1,089
0.2%
3.4%
1.5%
Paraprofessional
2019-2020
437
0.7%
5.3%
2.5%
2020-2021
394
0.5%
5.8%
2.3%
2021-2022
460
0.2%
8.7%
3.7%
Other - Licensed
2019-2020
128
4.7%
0.8%
2020-2021
121
5.8%
1.7%
2021-2022
151
6%
1.3%
Other - Non-Licensed
2019-2020
373
6.2%
2.9%
2020-2021
280
6.8%
2.9%
2021-2022
455
5.9%
2.9%

18

Hispanic/
Latino

Native
Hawaiian
or Pacific
Islander

Multi-Race,
NonHispanic

White

8.2%
9.2%
10.4%

-

2%
1.8%
2.6%

81.6%
78%
79.1%

3.2%
4.3%
4.7%

0.2%
-

0.2%
0.3%
0.3%

93%
90.7%
90%

11.9%
11.2%
10.9%

-

0.5%
0.5%
0.4%

79.2%
79.7%
76.1%

7.8%
7.4%
7.3%

-

1.7%
1.3%

86.7%
83.5%
84.1%

4.3%
8.6%
7.3%

0.5%
0.4%
0.2%

0.3%
-

85.8%
81.4%
83.7%

�Special Populations
LPS has a higher percentage of all special population students, except students with disabilities,
when to compared to the state averages. Approximately 48% of the ELs in LPS identify as
Hispanic-Latino/a/x/e, which is lower than the state average (63.4%). A total of 48 languages are
represented in the district. The most common language for ELs is Spanish (38.7%). The ELs
come from 53 different countries with the most common country being the United States and the
second most common country being Brazil (15%). The Moody Elementary School (53.5%) had
the most ELs in 2021-2022. Tables 6 and 7 provide further details on LPS special populations
and selected demographics in the district and state while Table 8 provides further details on
special populations at the school level.
Table 6
2021-2022 LPS Special Populations Compared to State
% of District
(n = 13,991)

% of State
(n =911,529)

First Language not English

36.7%

23.9%

English Learner

26.3%

11%

Students With Disabilities

18.6%

18.9%

High Needs

84.1%

55.6%

75%

43.8%

Special Populations

Economically Disadvantaged

Note. Data were obtained from MA DESE (2022) website.
Table 7
2021 - 2022 Percentage of ELs in LPS by Selected Demographics
Percentage of ELs
District
State
Demographic
All
ELs
All Students
ELs
Students
(n=3,682)
(n=911,529) (n=100,231)
(n=13,991)
Students With Disabilities
18.8%
2.3%
19.1%
3.4%
Low Income
75%
69%
43.8%
62.8%
First Language not English
36.7%
100%
23.9%
100%
African American/Black
7.7%
7%
9.3%
12.7%
Asian
27.5%
30%
7.2%
10.2%
Hispanic
37.7%
48.4%
23.1%
63.4%
White
22.9%
13.1%
55.7%
12.3%
Note. Data were obtained from MA DESE (2022) website.

19

�Table 8
2021-2022 Selected Student Populations by School (n=13,991)
Special Populations
School

Abraham Lincoln Elementary School
Bartlett Community Partnership
B. F. Butler Middle School
Cardinal O'Connell Early Learning Center
Charles W. Morey Elementary School
Charlotte M. Murkland Elementary School
Dr. An Wang Middle School
Dr. Gertrude Bailey Elementary School
Dr. Janice Adie Day School
Greenhalge Elementary School
Henry J. Robinson Middle School
James S. Daley Middle School
James Sullivan Middle School
John J. Shaughnessy Elementary School
Joseph McAvinnue Elementary School
Kathryn P. Stoklosa Middle School
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School
Lowell High School
Moody Elementary School
Pawtucketville Memorial Elementary School

First Language
Not English

English
Learners

Students With
Disabilities

High
Needs

Low
Income

47.9%
40.5%
30.5%
29.8%
42.5%
45.7%
33.8%
37.5%
17.3%
41.3%
38.3%
33%
44.1%
38.4%
39%
45.2%
11.8%
17.9%
31.2%
60.2%
28.9%

34.9%
27.7%
17.1%
33.4%
36%
23.8%
31.8%
5.8%
31.4%
28.3%
13.4%
33.7%
29.5%
32.7%
27.1%
11.8%
15.4%
21.8%
53.5%
22%

17.4%
20.3%
19%
29.8%
13.7%
15.5%
16.5%
18.4%
100%
18.7%
19.4%
21.7%
20.7%
18.2%
17.6%
16.3%
100%
97.4%
15.1%
8.7%
18.5%

89.5%
88.3%
85.8%
83.3%
82.9%
93.6%
80.6%
77.4%
100%
94.2%
92.9%
74.7%
85.7%
88.1%
90.8%
89.5%
100%
100%
79.1%
95%
73.6%

80.8%
78.8%
75.3%
73.8%
69.1%
88.5%
71.3%
67.1%
73.1%
88.6%
86.6%
61.9%
76.6%
78.7%
82.9%
81.4%
94.1%
89.7%
70.9%
89.2%
63%

20

�Peter W. Reilly Elementary
29.4%
Pyne Arts School
27.8%
Rogers STEM Academy School
43.1%
S. Christa McAuliffe Elementary School
29%
The Career Academy
18.6%
Washington Elementary School
48.4%
District
36.7%
State
23.9%
Note. Data were obtained from MA DESE (2022) website.

23.2%
17%
32%
22.1%
11.3%
42.3%
26.3%
11%

21

18%
27.4%
13.2%
16.9%
20.6%
21.1%
18.6%
18.9%

67.1%
72.8%
91.9%
86.8%
95.9%
88.6%
84.1%
55.6%

58.1%
59.4%
82.7%
81%
90.7%
76%
75%
43.8%

�Class Size
Eighteen schools (66.7%) had an average class size larger than the state’s average of 16 students
during the 2020-2021 school year (see Table 9).
Table 9
2020-2021 Class Size by School (n= 14,364)
Schools
Abraham Lincoln Elementary School

Bartlett Community Partnership

B. F. Butler Middle School

Cardinal O'Connell Early Learning Center

Charles W. Morey Elementary School
Charlotte M. Murkland Elementary
School
Dr. An Wang Middle School

Dr. Gertrude Bailey Elementary School

Dr. Janice Adie Day School

Greenhalge Elementary School

Henry J. Robinson Middle School

Student Groups
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED

22

% of
Students
33.3%
36%
21%
34%
26.8%
23.6%
35.4%
16.2%
21.5%
35.6%
21.1%
45.6%
13.1%
37.5%
16.3%
39.6%
39.6%
16.7%
39.7%
23.2%
16.6%
23.5%
31.9%
18.6%
28.3%
6.5%
100%
49.4%
31.1%
18.7%
49.8%
24.9%
20.8%

Average
Class Size
17.5

17.2

22.6

8.2

17

18.4

21.5

16.8

2.8

17.4

25

�James S. Daley Middle School

James Sullivan Middle School

John J. Shaughnessy Elementary School

Joseph McAvinnue Elementary School

Kathryn P. Stoklosa Middle School

Laura Lee Therapeutic Day School

LeBlanc Therapeutic Day School

Lowell High School

Moody Elementary School

Pawtucketville Memorial Elementary
School

Peter W. Reilly Elementary

Pyne Arts School

Rogers STEM Academy School

Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
EL
SPED

23

18.5%
8.7%
20.9%
44.4%
23.5%
20.7%
39.1%
32%
18.7%
46.4%
33.1%
19.8%
32.9%
24.8%
17%
60.9%
13%
100%
55.3%
13.2%
100%
31.1%
20%
13.5%
46.6%
51.7%
10.3%
28%
20%
17.4%
36.4%
22.8%
20%
38.6%
17.2%
24.7%
44.5%
29.1%
15%

18.8

21.8

15.6

13.9

20.7

2.8

4

19.7

23.9

18

18.3

15.1

26.9

�Hispanic-Latino/a/x/e
EL
SPED
Hispanic-Latino/a/x/e
The Career Academy
EL
SPED
Hispanic-Latino/a/x/e
Washington Elementary School
EL
SPED
Hispanic-Latino/a/x/e
District
EL
SPED
Note. Data were obtained from MA DESE (2022) website.
S. Christa McAuliffe Elementary School

47.3%
22.2%
18.1%
52.4%
20.7%
23.2%
21.5%
37.8%
25.6%
35.6%
25%
18.6%

19.3

8.7

9.8

18.1

Student to Teacher Ratios
During the 2021-2022 school year, the district’s average student to teacher ratio (12.8 to 1) was
higher than the state average (11.9 to 1). However, eight schools had a lower student to teacher
ratio than the state average (See Table 10).
Table 10
2021-2022 LPS Student to Teacher Ratios
School
Abraham Lincoln Elementary School
Bartlett Community Partnership
B. F. Butler Middle School
Cardinal O'Connell Early Learning Center
Charles W. Morey Elementary School
Charlotte M. Murkland Elementary School
Dr. An Wang Middle School
Dr. Gertrude Bailey Elementary School
Dr. Janice Adie Day School
Greenhalge Elementary School
Henry J. Robinson Middle School
James S. Daley Middle School
James Sullivan Middle School
John J. Shaughnessy Elementary School
Joseph McAvinnue Elementary School
Kathryn P. Stoklosa Middle School
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School
Lowell High School
Moody Elementary School
Pawtucketville Memorial Elementary School

Student to Teacher Ratio
13.1 to 1
11.4 to 1
12.5 to 1
10.5 to 1
13.1 to 1
12.6 to 1
15.1 to 1
12.7 to 1
4.3 to 1
12.2 to 1
13.2 to 1
13.9 to 1
14.1 to 1
12.5 to 1
12 to 1
12.4 to 1
2.7 to 1
4.7 to 1
13.9 to 1
12.1 to 1
13.4 to 1

24

�Peter W. Reilly Elementary
13.4 to 1
Pyne Arts School
11.6 to 1
Rogers STEM Academy School
15.2 to 1
S. Christa McAuliffe Elementary School
12.9 to 1
The Career Academy
9.9 to 1
Washington Elementary School
11.2 to 1
District
12.8 to 1
State
11.9 to 1
Note. Data were obtained from MA DESE (2022) website.
Student Discipline
During 2021-2022, 925 students were disciplined. Of those 925, 52.2% were HispanicLatino/a/x/e students. This ethnicity group was disciplined more in LPS compared to all other
race/ethnicity groups. Of the 283 students Lowell High School disciplined in 2021-2022, 50%
were Hispanic-Latino/a/x/e. The Henry J. Robinson Middle School and Kathryn P. Stoklosa
Middle School had the next highest number of Hispanic-Latino/a/x/e students being disciplined
with more than 50 each. Table 11 provides an overview of discipline rates by school.
Table 11
2021-2022 Student Discipline Rates by School
School
Abraham Lincoln Elementary School
Bartlett Community Partnership
B. F. Butler Middle School
Cardinal O'Connell Early Learning
Center
Charles W. Morey Elementary School
Charlotte M. Murkland Elementary
School
Dr. An Wang Middle School
Dr. Gertrude Bailey Elementary School
Dr. Janice Adie Day School
Greenhalge Elementary School

Student Group

Total Students

# of Students
Disciplined

Hispanic-Latino/a/x/e

169

-

All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e

528
207
537
215
566
47
114
91
515
212
502
277
701
117
495
17
61
264

1
24
43
24
59
2
2
4
24
42
3
9
11

25

�Henry J. Robinson Middle School
James S. Daley Middle School
James Sullivan Middle School
John J. Shaughnessy Elementary School
Joseph McAvinnue Elementary School
Kathryn P. Stoklosa Middle School
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School
Lowell High School
Moody Elementary School
Pawtucketville Memorial Elementary
School
Peter W. Reilly Elementary
Pyne Arts School
Rogers STEM Academy School
S. Christa McAuliffe Elementary School
The Career Academy
Washington Elementary School
District

All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
HispanicLatino/a/x/e
All Students

Note. Data were obtained from MA DESE (2022) website.

26

520
376
697
127
693
314
691
220
521
236
491
260
699
10
22
26
48
1216
3356
139
272
160
512
193
514
214
530
429
931
267
534
61
143
72
269

16
56
103
4
12
36
65
7
16
2
52
99
1
3
14
25
142
283
1
4
7
8
16
27
25
38
2
4
28
60
5
6

5849

483

15264

925

�Student Attendance and Retention Rates
Overall, at the end of the year of the 2021-2022, the district had a fair attendance rate of 89.7%,
while Hispanic-Latino/a/x/e students had a slightly lower rate of 87.5%. Seven schools had
attendance rates for Hispanic-Latino/a/x/e students that were higher than the district average in
2021-2022. They were the Pyne Arts School (90.7%), Pawtucketville Memorial Elementary
School (90.5%), Charlotte M. Murkland Elementary School (90.5%), Kathryn P. Stoklosa
Middle School (90.3%), James S. Daley Middle School (90.3%), Abraham Lincoln Elementary
School (90%), and Dr. An Wang Middle School (90%). All but four of the LPS had attendance
rates for Hispanic-Latino/a/x/e students in 2021-2022 over 85%. Those four schools were Lowell
High School (83.6%), Laura Lee Therapeutic Day School (79.9%), the LeBlanc Therapeutic Day
School (68.7%), Career Academy (61.8%).
The retention rate (i.e., repeating a grade rate) for Hispanic-Latino/a/x/e students (3.6%) was
higher than that of all students in the district (2.8%). The schools with the highest retention rates
in LPS during 2021-2022 were the Career Academy (32.6%), Lowell High School (12.9%), and
Dr. Janice Adie Day School (8.3%). Table 12 provides further details on students’ attendance
and retention rates during the 2021-2022 school year.
Student Mobility
In LPS, some of the Hispanic-Latino/a/x/e population is transient. As shown in Table 13, the
attrition rate in 2021-2022 was 11.9% for Hispanic-Latino/a/x/e which is only slightly higher
than the rate for all students in the district (11.2%). Three schools had attrition rates that exceed
20% for Hispanic-Latino/a/x/e students, they were: the Charlotte M. Murkland Elementary
School (20.1%), Dr. Janice Adie Day School (23.1%), and the Career Academy (23.3%). From
2021-2022, the average stability rate of the Hispanic-Latino/x/e/a students in LPS (86.7%) was
lower than the all-students in the district average of 89.5%. The churn and intake rates for
Hispanic-Latino/a/x/e students were also higher than the all-students average. During the 20212022 school year, the four schools with the highest churn rates (i.e., students transferring into or
out of the school) in the district were Career Academy (50%), Washington Elementary School
(34.2%), Cardinal O'Connell Early Learning Center (33.3%), Bartlett Community Partnership
(32.4%), and Lowell High School (30%). The three school with the lowest churn rates in the
district during 2021-2022 were Dr. An Wang Middle School (13.7%), James S. Daley Middle
School (15), and LeBlanc Therapeutic Day School (15.4%). Table 14 provides further details on
students’ mobility in LPS.

27

�Table 12
2021-2022 Student Attendance and Retention Rates by School
School
Abraham Lincoln Elementary School
Bartlett Community Partnership
B. F. Butler Middle School
Cardinal O'Connell Early Learning Center
Charles W. Morey Elementary School
Charlotte M. Murkland Elementary School
Dr. An Wang Middle School
Dr. Gertrude Bailey Elementary School
Dr. Janice Adie Day School
Greenhalge Elementary School
Henry J. Robinson Middle School
James S. Daley Middle School
James Sullivan Middle School
John J. Shaughnessy Elementary School
Joseph McAvinnue Elementary School
Kathryn P. Stoklosa Middle School
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School

Student Group
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
28

Attendance
Rates
90.0%
91.4%
86.5%
88.9%
88.7%
91.5%
85.6%
88.5%
88.7%
92.0%
90.5%
90.9%
90.0%
92.1%
88.4%
91.2%
87.3%
87.7%
88.3%
89.2%
88.1%
88.0%
90.3%
93.4%
89.2%
90.1%
87.7%
90.2%
88.6%
89.9%
90.3%
91.8%
79.9%
80.8%
68.7%
61.6%

Retention
Rates
2.3%
0.8%
0.7%
0.3%
0.2%
0.3%
2.2%
0.9%
0.8%
0.9%
2.7%
1.4%
8.3%
2.0%
0.2%
0.2%
0.3%
0.6%
0.3%
0.2%
4.3%
7.7%

�Hispanic-Latino/a/x/e
83.6%
12.9%
All Students
87.1%
8.9%
Hispanic-Latino/a/x/e
88.9%
1.1%
Moody Elementary School
All Students
90.1%
0.5%
Hispanic-Latino/a/x/e
90.5%
1.0%
Pawtucketville Memorial Elementary
School
All Students
91.8%
0.6%
Hispanic-Latino/a/x/e
88.6%
Peter W. Reilly Elementary
All Students
91.2%
0.3%
Hispanic-Latino/a/x/e
90.7%
Pyne Arts School
All Students
91.8%
Hispanic-Latino/a/x/e
88.4%
Rogers STEM Academy School
All Students
89.8%
0.3%
Hispanic-Latino/a/x/e
88.3%
S. Christa McAuliffe Elementary School
All Students
89.2%
Hispanic-Latino/a/x/e
61.8%
32.6%
The Career Academy
All Students
70.1%
35.1%
Hispanic-Latino/a/x/e
86.9%
Washington Elementary School
All Students
89.7%
0.6%
Hispanic-Latino/a/x/e
87.5%
3.6%
District
All Students
89.7%
2.8%
Note. Data were obtained from MA DESE (2022) website. It is important to note, no retention
rates were reported for the Cardinal O'Connell Early Learning Center.
Lowell High School

29

�Table 13
2021-2022 Student Attrition Rate by School
Hispanic-Latino/a/x/e
All Students
Attrition Rate
Attrition Rate
Abraham Lincoln Elementary School
11.9%
11.2%
Bartlett Community Partnership
12.4%
14.7%
B. F. Butler Middle School
8.8%
7.6%
Cardinal O'Connell Early Learning Center
Charles W. Morey Elementary School
5.8%
10.3%
Charlotte M. Murkland Elementary School
20.1%
19.7%
Dr. An Wang Middle School
8.3%
8.7%
Dr. Gertrude Bailey Elementary School
16.4%
12.3%
Dr. Janice Adie Day School
23.1%
12.5%
Greenhalge Elementary School
11.7%
13.1%
Henry J. Robinson Middle School
11.4%
14.3%
James S. Daley Middle School
11.8%
6.1%
James Sullivan Middle School
13.1%
13.2%
John J. Shaughnessy Elementary School
14.4%
15.8%
Joseph McAvinnue Elementary School
13.6%
15.2%
Kathryn P. Stoklosa Middle School
14.9%
11.3%
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School
7.4%
Lowell High School
11.2%
8.0%
Moody Elementary School
16.5%
20.0%
Pawtucketville Memorial Elementary School
15.0%
14.6%
Peter W. Reilly Elementary
18.9%
16.6%
Pyne Arts School
8.2%
9.2%
Rogers STEM Academy School
15.6%
15.9%
S. Christa McAuliffe Elementary School
16.9%
16.6%
The Career Academy
23.3%
21.1%
Washington Elementary School
18.9%
15.3%
District
11.9%
11.2%
Note. Data were obtained from MA DESE (2022) website. It is important to note, no attrition
rates were reported for the Cardinal O'Connell Early Learning Center.
School

30

�Table 14
2021-2022 Student Mobility Rate by School
School
Abraham Lincoln Elementary School
Bartlett Community Partnership
B. F. Butler Middle School
Cardinal O'Connell Early Learning Center
Charles W. Morey Elementary School
Charlotte M. Murkland Elementary School
Dr. An Wang Middle School
Dr. Gertrude Bailey Elementary School
Dr. Janice Adie Day School
Greenhalge Elementary School
Henry J. Robinson Middle School
James S. Daley Middle School

Student Group

Churn/
Intake Enroll

Churn

Intake

Stability
Enroll

Stability

Hispanic-Latino/a/x/e

169

22.5%

18.9%

157

89.7%

All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students

529
207
539
215
567
48
118
91
518
213
507
278
705
118
497
17
61
264
520
377
697
127
693

18.7%
32.4%
24.5%
22.8%
13.9%
33.3%
38.1%
19.8%
14.5%
26.8%
26.2%
13.7%
12.2%
19.5%
16.3%
23.5%
18.0%
24.2%
23.1%
17.8%
18.5%
15.0%
9.4%

13.4%
20.8%
17.3%
17.7%
9.3%
27.1%
30.5%
17.6%
9.1%
20.7%
19.5%
8.6%
7.2%
9.3%
10.5%
23.5%
16.4%
15.2%
13.7%
12.7%
12.3%
11.8%
6.2%

495
175
468
181
518
38
88
77
480
196
463
261
669
111
462
13
52
235
469
347
648
112
653

86.9%
80.0%
87.0%
91.7%
94.2%
84.2%
83.0%
94.8%
92.3%
79.6%
80.8%
92.0%
92.5%
85.6%
90.0%
100.0%
96.2%
85.1%
85.3%
89.3%
87.7%
96.4%
96.2%

31

�James Sullivan Middle School
John J. Shaughnessy Elementary School
Joseph McAvinnue Elementary School
Kathryn P. Stoklosa Middle School
Laura Lee Therapeutic Day School
LeBlanc Therapeutic Day School
Lowell High School
Moody Elementary School
Pawtucketville Memorial Elementary
School
Peter W. Reilly Elementary
Pyne Arts School
Rogers STEM Academy School
S. Christa McAuliffe Elementary School
The Career Academy

Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
All Students

32

313
692
220
521
238
497
259
702
10
22
26
48
1229
3381
139
273
160
512
194
516
214
530
430
938
267
533
61
141

18.8%
16.8%
25.0%
23.2%
16.4%
19.7%
19.7%
15.4%
20.0%
22.7%
15.4%
31.3%
30.0%
21.0%
21.6%
22.7%
17.5%
15.4%
24.7%
18.6%
22.4%
19.6%
18.1%
16.2%
20.6%
19.3%
50.8%
48.9%

11.5%
10.1%
16.8%
15.4%
11.3%
12.7%
14.7%
9.7%
20.0%
22.7%
15.4%
20.8%
18.3%
12.3%
16.5%
16.5%
15.6%
11.5%
17.5%
14.0%
17.3%
16.0%
11.9%
9.1%
15.4%
15.0%
29.5%
29.8%

292
646
192
465
227
458
237
660
8
17
23
39
1097
3121
127
246
140
462
168
464
184
459
400
887
238
477
44
100

87.0%
89.2%
85.9%
86.0%
87.7%
87.1%
87.8%
90.0%
100.0%
100.0%
95.7%
84.6%
78.4%
85.6%
85.8%
85.8%
94.3%
93.7%
86.9%
90.5%
90.2%
92.8%
88.0%
88.6%
89.1%
90.1%
68.2%
72.0%

�Hispanic-Latino/a/x/e
All Students
Hispanic-Latino/a/x/e
District
All Students
Note. Data were obtained from MA DESE (2022) website.
Washington Elementary School

33

73
270
5872
15338

34.2%
18.9%
22.0%
17.9%

24.7%
13.3%
15.0%
11.6%

66
249
5346
14216

72.7%
88.0%
86.7%
89.5%

�Students Completion Rates
Table 15 provides MassCore Completion Rates during the 2020-2021. The LPS HispanicLatino/a/x/e MassCore completion rate (6.8%) was lower than any other subgroup in the entire
district, with their completion rate being statistically different from the overall rate (Χ2 (1) =
11.91, p &lt; .001). The Grade 9 course passing rate for Hispanic-Latino/a/x/e students in LPS
(31.7%) was statistically different from the all-students’ rate (46.1%) in 2020-2021 (Χ2 (1) =
19.11, p &lt;.0001) (see Table 16). All of the graduation rates for Hispanic-Latino/a/x/e students in
LPS (Tables 17-20) were lower than the all-students’ rates. The dropout rate (Table 21) for
Hispanic-Latino/a/x/e students in LPS (4.7%) was slightly higher than the all-students’ rate
(2.7%) (Χ2 (1) = 20.90, p &lt;.0001) and the special education rate (3.2%), but lower than the ELs’
rate (6%). In terms of advanced course completion, there is a significant relationship bewteen
race and advanced completion rate (Χ2 (4) = 21.258, p &lt; .001). The Hispanic-Latino/a/x/e
students have the lowest rate compared to all other race/ethnicity groups (Table 22). As shown in
Table 23, the 2020-2021 Hispanic-Latino/a/x/e graduates attend higher education at statistically
significantly different rates than the all-student rate (34.1% and 53.3% respectively; Χ2 (1) =
11.50, p &lt; .0001). The most common types of higher education the LPS Hispanic-Latino/a/x/e
graduates attend are two-year public institution (45%), MA community colleges (43.3%), and
four-year public institution (41.7%).
Table 15
MassCore Completion Rates during 2020-2021 School Year
# Completed
Student Group
# Graduated
MassCore
Hispanic-Latino/a/x/e
176
12
All Students
730
120
Note. Data were obtained from MA DESE (2022) website.
Table 16
Grade Nine Course Passing Rate during 2020-2021 School Year
# Grade Nine
# Passing All
Student Group
Students
Courses
Hispanic-Latino/a/x/e
357
113
All Students
908
419
Note. Data were obtained from MA DESE (2022) website.
Table 17
4-Year Graduation Rate (2021)
Student Group

Hispanic-Latino/a/x/e
All Students

# in
Cohort

%
Graduated

241
866

68%
80%
34

% Still
% Nonin
Grad
School Completers
0.4%
16.2%
10%
0.7%

% Completed
MassCore
6.8%
16.4%

% Passing All
Courses
31.7%
46.1%

% H.S.
Equiv.
0.2%

%
Dropped
Out
15.4%
9%

�Table 18
4-Year Adjusted Cohort Graduation Rate (2021)
Student Group
% Still
% Non%
# in
%
% H.S.
in
Grad
Dropped
Cohort Graduated
Equiv.
School Completers
Out
0.6%
Hispanic-Latino/a/x/e
180
70.6%
14.4%
14.4%
All Students
657
82.8%
9.1%
0.3%
0.2%
7.6%
Note. The adjusted graduation rate does not include students who transfers into the district.
Table 19
5-Year Graduation Rate (2020)
Student Group

Hispanic-Latino/a/x/e
All Students

# in
Cohort

%
Graduated

227
863

77.5%
83.4%

% Still
% Nonin
Grad
School Completers
2.2%
3.1%
3.5%
1.2%

% H.S.
Equiv.
2.2%
2.1%

%
Dropped
Out
15%
9.8%

Table 20
5-Year Adjusted Cohort Graduation Rate (2020)
Student Group
% Still
% Non%
# in
%
% H.S.
in
Grad
Dropped
Cohort Graduated
Equiv.
School Completers
Out
1.8%
Hispanic-Latino/a/x/e
170
79.4%
2.4%
1.8%
14.7%
All Students
662
87%
2.9%
0.8%
2.0%
7.4%
Note. The adjusted graduation rate does not include students who transfers into the district.
Table 21
Dropout Rate for Hispanic-Latino/a/x/e during the 2020-2021 School Year
#
#
%
%
%
%
Student
Enrolled Dropout
Dropout Dropout Dropout Dropout
Group
Grades
All
All
Grade
Grade
Grade
9-12
Grades
Grades
9
10
11
Hispanic991
47
4.7%
2.3%
5.7%
4%
Latino/a/x/e
EL
645
39
6%
1.8%
4.8%
9.2%
SPED
441
14
3.2%
3.9%
7.8%
All Students
3,161
86
2.7%
1.8%
2.8%
2.9%
Note. Data were obtained from MA DESE (2022) website.

35

%
Dropout
Grade
12
8.6%
13.2%
3.6%
3.6%

�Table 22
2020-2021 Advanced Course Completion
Student Group

Grades
11 &amp; 12
Students

# Students
Completing
Advanced

Hispanic-Latino/a/x/e
402
181
African American/Black
192
126
Asian
491
370
Multi-Racial, Non-Hispanic
55
33
White
437
281
All Students
1,577
991
Note. Data were obtained from MA DESE (2022) website.

% Students
Completing
Advanced
45%
65.6%
75.4%
60%
64.3%
62.8%

Table 23
2020-2021 Graduates Attending Institutions of Higher Education
High
Attending
Student
Private Private
School
Coll./
Group
2-Yr
4-Yr
Graduates
Univ.
60
176
13.3%
Hispanic(34.1%)
Latino/a/x/e
60
176
4.5%
(34.1%)
389
730
17.2%
(53.3%)
All Students
389
730
9.2%
(53.3%)
Note. Data were obtained from MA DESE (2022) website.

Advanced Course Completion Rate by Subject
History &amp;
All
Science &amp;
ELA
Math
Social
Other
Technology
Sciences Subjects
2.7% 23.9%
29.9%
6.5%
4%
4.7% 34.4%
45.3%
12%
2.6% 50.3%
48.7%
15.9%
1.8% 38.2%
34.5%
9.1%
3.2% 35.7%
43.5%
18.8%
0.9%
3%
37.2%
41.5%
13.6%
1.3%

Public
2-Yr

Public
4-Yr

MA
Comm.
College

MA
State
Univ.

UMass

45%

41.7%

43.3%

5%

33.3%

15.3%

14.2%

14.8%

1.7%

11.4%

32.1%

50.6%

30.3%

5.9%

37.8%

17.1%

27%

16.2%

3.2%

20.1%

36

Percent By
College
Attendee
High School
Grad
College
Attendee
High School
Grad

�4. LPS Stakeholders’ Perspectives: Focus Group Results
According to Taylor and Whittaker (2009), individuals frame problems based on their personal
values, experiences, cultures, and assumptions. Understanding the beliefs that each stakeholder
possesses in a school community enables a group to find common ground and select appropriate
alternatives. For this evaluation, it was important to gain an understanding of LPS stakeholders’
perspectives. More specifically, Hispanic-Latino/a/x/e employees, parents, and students were
consulted. To gather these perspectives, we conducted focus groups during the Summer of 2022.
Members of each stakeholder group were asked questions related to what they liked about LPS,
how they define academic success, the challenges Hispanic-Latino/a/x/e face in LPS, and their
recommendations for improving the Hispanic-Latino/a/x/e experience in LPS (See Appendices
A-C). The following section presents each group’s perspectives.
4.1 Hispanic-Latino/a/x/e Employee Focus Group Results
Hispanic-Latino/a/x/e employees were forthcoming with their perspectives on what they liked
about LPS, how they define academic success, the challenges Hispanics-Latinos/as/xs/es face in
the LPS district, and their recommendations for improvement.
What Hispanic-Latino/a/x/e Employees Like About LPS
The Hispanic-Latino/a/x/e employees who took part in the focus group identified several aspects
they like about working in LPS.
Increased diversity. The employees especially like how diversity has increased over the years,
that each school has a balance of cultures, and that they feel they have colleagues who are true
allies that value inclusivity. They also like that there are now more bilingual or multilingual
employees in the district which makes students feel more comfortable. In addition, such
exposure to other cultures, languages, and backgrounds allows LPS employees and students to
feel more accepted. They also like the various community events that are held to celebrate the
district’s diversity such as Asian American Pacific Islander (AAPI) celebrations, the Juneteenth
celebration, pride month, and Hispanic heritage month. Another employee likes that the district
is now “in a great place to really develop and grow.”
Relationships. One employee likes building community relationships. In addition, she gains
personal satisfaction from developing relationships with students that encourage and help them
to persevere. She further shared, “It is an honor for me to be able to work with my kids and see
them succeed.” Another employee likes being an advocate for the students, working to show
others in the community that the students are more than the labels that are applied to them.
Hispanic-Latino/a/x/e culture. Other employees spoke highly of the Hispanic-Latino/a/x/e
culture. They described this ethnic group as loving family people who respect their elders and
stay optimistic and persistent during difficult times in addition to sticking together no matter
what.
How Employees Define Academic Success for Hispanic-Latino/a/x/e Students
When asked how they would define academic success for Hispanic-Latino/a/x/e students,
employees shared a few thoughts. For one employee, academic success was achieving college
readiness which includes knowing what services are available and how to take exams. Another
employee defined academic success as Hispanics-Latinos/as/xs/es being held to the same
37

�standards, receiving the same opportunities, and obtaining just as much recognition as White
students when they excel (e.g., article in the newspaper). In addition, academic success was
defined as a love for learning and reading.
Challenges Employees Think the LPS Hispanic-Latino/a/x/e Community Face
Employees shared some challenges they feel the Hispanic-Latino/a/x/e community face within
the LPS district.
Underlying assumptions and beliefs. First, members of the LPS community have some
underlying assumptions and beliefs about Hispanics-Latinos/as/xs/es that are not true. For
instance, parents are stereotyped as not caring about their children’s education when a student
does not complete homework. However, the parents actually do care they just do not know how
to help their children with the assignments. Similar sentiments are expressed when parents do not
participate in school events. However, many Hispanic-Latino/a/x/e parents have to work more
than one job, so they have limited free time.
Language barriers. Moreover, some family members do not speak English and need a
translator, but sometimes the availability of a translator does not match the times a parent is
available.
Challenges Hispanic-Latino/a/x/e Employees Face
Hispanic-Latino/a/x/e employees also face challenges within the LPS district.
Micro-aggressions. Hispanic-Latino/a/x/e employees mentioned that they experience
microaggressions often. For instance, a couple of the employees have been questioned about
their credentials, backgrounds, and their capabilities. Such actions give off the impression that
others do not think they are qualified.
Employment barriers. According to the participants, Hispanic-Latino/a/x/e employees must
work twice as hard to get acknowledged and prove they are capable. In other words, it is difficult
for them to “break the barrier” and “move up.” Moreover, a limited number of administrators are
people of color.
Lack of representation. Additionally, the lack of Hispanic-Latino/a/x/e representation in
leadership roles in the district and larger community was cited as another challenge (e.g., school
board, city council).
Turnover. New employee turnover was also mentioned as a challenge. As one employee put it,
“You don't know if they're going to be in the building the following year.” In addition to staff
turnover, the employees cited the transient nature of the Hispanic-Latino/a/x/e students as a
challenge for LPS.
Challenges Employees Think Students in LPS Face
Employees shared several challenges they feel Hispanic-Latino/a/x/e students face within the
LPS district.

38

�Academic language-related difficulties. When English is not a student’s primary language, the
student experiences challenges at school. For instance, a student may have done well in math in
their own country but may now struggle in math due to word problems written in English. Also,
newcomers who are still developing their bilingual or multilingual skills might experience stress
when they are forced to speak only in English.
Inequities and limited opportunities. Hispanic-Latino/a/x/e students do not have the same
academic opportunities or receive the same level of recognition when they excel as one
employee explained, “the opportunities are not there, the recognition is not there and
accessibility to classes, to honor classes” are not there. Another employee shared, “many times
students get looped in or kind of funneled into a specific tiered academics, which then limits
their ability and even those who say I'm going to go to college, they will not be prepared.”
Another employee stated, “It's sad … to see how many times Hispanic kids do something great at
the academic level and nothing is said. You don't see it in the newspaper, you don't see it
anywhere. But when a White kid does something, you know it's everywhere.” In addition, a lack
of consistency exists among schools, deans, and principals on the consequences they impose for
infractions. A lack of knowledge about cultures may explain why Hispanic-Latino/a/x/e students
are disproportionately disciplined.
Limited opportunities for extracurricular activities like sports exist for Hispanic-Latino/a/x/e
students because they do not feel welcomed in those groups. In addition, limited after-school
programs are offered so students might struggle to find a place to do their homework or get some
tutoring. The dropout rate for Hispanic-Latino/a/x/e students is significant which indicates more
academic supports are needed. One employee explained, “some students don't know that they
have the right to take higher level classes. And there are certain policies in place that would limit
students to transition to higher levels.” Another employee added that certain gatekeepers and
some educators manage the courses that keep kids from attending honors or Advanced
Placement (AP) classes. Moreover, college and career readiness opportunities are very limited.
Stressful transitions. Newcomers face stress when transitioning to the U.S. education system.
They have to learn all new customs, cultures, foods, and lifestyles in addition to content
knowledge. Thus, they are under tremendous pressure.
Hispanic-Latino/a/x/e Employees’ Recommendations
Employees shared several recommendations that they feel would improve the experience of
Hispanics-Latinos/as/xs/es within the LPS district. They include making LPS a more welcoming
environment with more representation, more academic opportunities and supports, more
flexibility, and more consistency.
More welcoming environment. Hispanic-Latino/a/x/e employees assert a more welcoming and
approachable environment needs to be established, especially for newcomers. When a family
comes to register a student with the LPS district, an orientation in their native language should be
provided with information on the district, school, and child’s education. The information session
should also review expectations for students and families (e.g., attendance, homework). During
this process, each family should be connected with a representative or liaison that can help them
navigate all aspects of this new educational system. In addition to a newcomer orientation, a

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�more welcoming environment within the schools can be created by having more bilingual and
multilingual people working, providing educators training about cultures, and offering English as
a Second Language (ESL) classes for families. In addition, English speaking teachers could learn
some greetings in other languages to make their classrooms more welcoming. Lastly, the sports
program could find ways to become a more welcoming place for Hispanic-Latino/a/x/e students
as well.
More representation. More people of color are needed in leadership positions. As one
employee put it, “we need to have leaders that look like us, speak like us, think like us, not
because we are divisive, but we need to be included.” One suggestion was to increase the
diversity of interview committees and the use of different recruitment approaches for finding
diverse candidates. They also mentioned that their affinity groups need more people. Another
employee asserted that the schools could benefit from Hispanic-Latino/a/x/e leaders and
professionals being brought in from the community to talk to students (e.g., doctors, lawyers,
government employees). In addition, dialogues within the Hispanic-Latino/a/x/e community as
well as with allies need to continue.
More academic opportunities and support. The employees noted that Hispanic-Latino/a/x/e
students need more academic opportunities and support, especially in terms of access to rigorous
higher-level coursework. Practices at the elementary and middle school level need to be
reviewed to make sure students are being set up for future success when they transition to high
school. Policies should be reviewed to make sure they are not marginalizing any groups from
academic success. When a Hispanic-Latino/a/x/e student comes to this country, the tendency to
label them as a special education student needs to stop as well. Not all Hispanic-Latino/a/x/e
students need such services. The employees believe standards should be the same for everybody
and Hispanic-Latino/a/x/e students should receive the same amount of recognition as White
students when they excel. Also, more college and career opportunities are needed.
More flexibility. Hispanic-Latino/a/x/e employees also advocated for more flexibility in several
areas. For instance, educators need to be willing to call parents at times that work for them.
Hispanic-Latino/a/x/e parents often work long hours, so their availability is limited. Schools
should be willing to go out into a community and meet parents within places they feel more
comfortable (e.g., churches, community centers, homes). In addition, teachers should let
newcomers speak in their native language when they first arrive instead of restricting all
communications to English only. Providing language flexibility to students will help reduce
stress and increase feelings of comfort. One teacher felt providing language flexibility would
also reduce incidents of bullying related to students’ language capabilities.
More consistency. Hispanic-Latino/a/x/e employees emphasized the importance of consistency.
Once something is started and made a priority, efforts need to remain consistent to keep families
excited, engaged, and active. To increase consistency, political willingness, an allocated budget,
and a timeline with planned changes need to be developed.

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�4.2 Hispanic-Latino/a/x/e Parent Focus Group Results
Like the employees, the Hispanic-Latino/a/x/e parents were forthcoming with their perspectives
on what they like about LPS, how they define academic success, the challenges HispanicsLatinos/as/xs/es face in the LPS district, and their recommendations for improvement.
What Hispanic-Latino/a/x/e Parents Like about LPS
The Hispanic-Latino/a/x/e parents who participated in the focus group also shared several
aspects they like about LPS.
Inclusion of families. First, the parents feel the district has done a good job of including or
welcoming people from different backgrounds into the community. They invite people to
activities and projects even if they do not speak English. Parents are given the opportunity to
give suggestions when something is happening, and those suggestions and perspectives are
considered by LPS. They also shared that when a concern or situation occurs, the school
addresses it; as one parent shared, “there is no negligence.” Other aspects parents liked about the
LPS school system were activities related to cultural traditions from other countries, seminars on
racism, and the way Hispanic-Latino/a/x/e families and students help each other.
Good communication. When asked about the school’s communication efforts, the parents said
there is a lot of good communication. According to the parents, schools use Classdojo, Zoom,
email, and phone calls to contact them. The parents especially like it when teachers put
information on the Classdojo app, so they know what their children are working on or learning.
They especially like the app and email when they are at work and unable to answer their phones
or attend a Zoom call. The app and email allow them to quickly check in to make sure everything
is okay. The translations available via Zoom have also been very helpful. They have noticed that
as the number of Spanish speaking staff has increased within the district, inclusion and
communication within the schools has improved.
Active learning during pandemic. Lastly, one parent noted that they were happy that the
children were actively learning during the pandemic and that homework was being sent home.
How Hispanic-Latino/a/x/e Parents Define Academic Success
When asked how they would define academic success for Hispanic-Latino/a/x/e students, parents
shared a variety of definitions. For one parent, academic success was passing classes and being
able to interact with and adapt to people who speak other languages. Another parent asserted
academic success is striving to perform academically and obtaining honors, but also developing
as an individual as well. In addition, this parent felt academic success includes doing service or
positive things for the school. Another parent defined academic success as a student who
understands, comprehends, writes, and speaks in English; develops into someone who can
function professionally; and knows how to serve not only themselves, but also society when they
finish their studies. Another parent added that academic success includes enriching Americans in
their language, culture, music, and folklore while another parent stated that it is about setting and
achieving goals, whether those goals are going to a university, obtaining an apprenticeship, or
starting a career.

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�Challenges Hispanics-Latinos/as/xs/es in LPS Face
Parents shared several challenges they feel Hispanics-Latinos/as/xs/es face within the LPS
district. They include language barriers, untrained substitute teachers, limited familiarity with the
U.S. education system, stereotypes, bullying, and low expectations. In addition, they mentioned a
few external factors that create challenges for parents and students.
Language barriers. Language barriers can inhibit school participation from both student and
family members. As one parent shared, when “a child comes in and only knows how to speak
Spanish, and they take him to a classroom where they only know how to speak English. That’s
terrible, that’s terrible!” Moreover, different dialects can affect communication. For instance,
Portuguese-speaking students and families have a harder time because most of the bilingual
people who are available in LPS speak English and Spanish, but not Portuguese. As a result,
some of the bilingual students are asked to serve as translators for languages they do not know.
More specifically, if no one speaks Portuguese a Spanish speaking child will be asked to serve as
a translator but this child struggles serving as a language broker because Spanish and Portuguese
are not the same language.
Untrained substitute teachers. According to the parents, substitute teachers make mistakes and
sometimes mark their child(ren) absent when they are in fact present in class. For example, a
parent received a phone call that made them nervous because they had just taken their child to
school, but a substitute called them in error to tell them that their child was not in school.
Limited familiarity with the U.S. education system. Some of LPS’s Hispanic-Latino/a/x/e
parents come from very different education backgrounds, so they are not familiar with the U.S.
assessments and grading systems, as well as the school rituals and routines. One parent was
unclear about how homework is handled as her child does not bring homework home, and when
the parent asks, the child says it was finished at school. It is important to note that this parent’s
experience with homework is significantly different from the aforementioned parent who said
homework was being sent home consistently. Also, the food in U.S. schools is unfamiliar to the
students as they do not always like pizza, hamburgers, and hotdogs, instead they want foods that
are familiar to them: “rice, broth, beans, and lentils”.
Stereotypes. The parents shared several stereotypes they encountered in the LPS system that
create challenges for Hispanics-Latinos/as/xs/es. They include, “Hispanics/Latinos are loud”,
“Hispanics/Latinos move into a neighborhood and damage it”, and “Hispanics/Latinos are
scandalous.” In addition, they have encountered people who just assume everyone who is
Hispanic-Latino/a/x/e is from Mexico, but this ethnic group is not monolithic. Instead, it is
composed of a wide range of cultural and ethnic backgrounds.
Bullying. Several parents also brought up bullying as challenge Hispanics-Latinos/as/xs/es
students face. One parent shared, “my child is being bullied a lot at school and it affects them
emotionally.” Another parent mentioned that her two children have been bullied multiple times.
She then spoke about how aggressive or uncontrolled behaviors of classmates can negatively
affect children. Another parent had to report a bullying incident that involved a classmate
sending her elementary student inappropriate text messages.

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�Low expectations. According to one parent, Hispanic-Latino/a/x/e students are not being pushed
enough. This parent further shared that her child told her they do not do anything in English
class, so the parent wonders, “What are they learning?” if they are not doing anything.
External factors. Parents also mentioned a few external factors that are affecting both parents
and students. For instance, they want to participate in school activities, but they are busy with
work. Parents also mentioned their children are affected by external factors like music, the
internet, and technological devices. One parent asserted, “we are raising mummies” when she
explained how technology is influencing children's development.
Hispanic-Latino/a/x/e Parent Recommendations for Improvement
Parents shared several recommendations that they feel would improve the experience of
Hispanics-Latinos/as/xs/es within the LPS district. They include adding more bilingual adults,
more safety trainings, more bullying prevention, more sports and extracurricular programs, and
more cultural exchanges within the school community, in addition to other recommendations.
More bilingual adults. LPS needs more bilingual adults (Spanish as well as Portuguese) who
can help the teachers. Another suggestion was to have two teachers team instruct the children
together, one who speaks English and one who speaks Spanish. The parent felt a bilingual
teacher would be welcoming for the children during the learning process. In addition, parents
believe English speaking teachers should work on becoming bilingual. As one parent shared,
“Education is two-way, the teacher learns from the student just as the student learns from the
teacher. A teacher who only masters their language does not have effective communication with
the student.” In addition, parents and the community also learn as well. “Everyone gets rich and
grows.” Another suggestion was to have bilingual mentors within the same school who teach
children how to adapt to the new school system as well as a mentor for the parents to help them
learn about the district and navigate U.S. school systems. Some families also need help with
knowing how to fill out applications, how to communicate with the nurse or social worker, how
transportation works, and how to access English classes for parents.
More safety trainings. Parents also want more security related trainings. They are concerned
about the shootings that have been happening inside U.S. schools and they want LPS to teach the
children how they can handle such situations without panicking. One parent noted that
emergency drills used to happen more before Covid. They want the reestablishment of drills,
trainings, and seminars that help children know how to stay safe during various types of
emergencies. They also suggested that the district establish plans for how to communicate with
non-English speaking parents during such emergencies and share those plans with the parents. In
addition, parents would like information sessions that teach parents about the dangers on the
internet for children and how to put parental controls on electronic devices.
More bullying prevention. Parents would like the adults in the schools to take better action on
bullying matters. They would like to see a program that helps children overcome bullying and
provides a platform for children to be heard. They said schools need to give a lot more talks
about what bullying is and how to react to it. Also, each school should be provided with a
counselor or a psychologist, someone beyond a teacher, who can talk to the children involved. A
program that “follows up with the aggressor because they really need the most help.”

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�More sports and extracurricular programs. Parents want more sports programs to be made
available to the students. They feel sports are great because they teach discipline, education,
character, healthy mental and physical habits, as well as encourage students to keep their grades
up. In addition to sports, parents believe more extracurricular activities like afterschool
programs, crafts, and community service opportunities that promote responsibility are needed.
More cultural exchanges. Parents suggested that more cultural exchanges should occur within
LPS. The Hispanics-Latinos/as/xs/es within this district are not a monolithic group, but instead
have rich diversity. One parent asserted that every American could be enriched learning about
Hispanic-Latino/a/x/e cultures (e.g., folklore, customs, history, food). Another parent suggested
holding cultural weeks where students and families in the entire district get to discover all of the
different cultures present in LPS. They also suggested reaching out to retired family members
(i.e., grandparents) who might be able to join in on school activities in the place of parents who
cannot attend because of work. In addition, they would like to see a more inclusive cafeteria
menu that offers a variety of cultural dishes.
Other recommendations. Parents had a few more recommendations. First, they believe
establishing a few newcomer schools that provide bilingual education until children are ready for
English only education. Parents would like more support, rules, and trainings for substitute
teachers. They would also like more links, connections, or information about additional
community resources such as emotional therapists and speech therapists.
4.3 Hispanic-Latino/a/x/e Student Focus Group Results
Like the Hispanic-Latino/a/x/e parents and employees, the elementary, middle, and high school
students were also very forthcoming with their perspectives on what they like about LPS, how
they define academic success, the challenges Hispanics-Latinos/as/xs/es face in the LPS district,
and their recommendations for improvement.
What Hispanic-Latino/a/x/e Students Like about LPS
During the focus groups, Hispanic-Latino/a/x/e students were asked what they liked about LPS.
Diversity. Overall, the students like how racially and ethnically diverse LPS is. One student
shared that diversity makes life more interesting. Another student mentioned the different flags
that are hanging up in their school while another highlighted the cultural celebrations or potlucks
that are held because both feel they acknowledge and celebrate the different LPS cultures.
Racial/ethnic discussions. Students especially like when race/ethnicity is talked about in school
because they believe such discussions increase people’s understanding and awareness of others
which helps the overall community. One student, in particular, liked that the school was holding
these focus groups because they gave the students an opportunity to share their school
experiences, which was viewed as a gesture from caring people who are trying to make things
better.

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�Translation supports. They appreciated the use of adult translators, translated materials,
peers/buddies who translate, and translation tools like Google Translate because such supports
help to improve their understanding and communications.
Community connections. The students also liked the connections they have made with other
students, and some of the adults in the school community (e.g., guidance counselor, social
workers, and translators). Students especially like it when teachers contact parents for positive
reasons (e.g., doing a good job, earning a field trip for good behavior) or when parents advocate
for them (e.g., need extra time or help). They also looked favorably upon the opportunities they
have had to learn about other cultures (e.g., new vocabulary, customs). Lastly, a student
described the Hispanics-Latinos/as/xs/es within LPS as a large accepting, “nice community” that
“feels like home.”
How LPS Hispanic-Latino/a/x/e Students Define Academic Success
LPS Hispanic-Latino/a/x/e students had a variety of definitions for academic success. About half
of the students defined academic success as having good grades in school. Some students further
clarified that good grades meant getting straight As. Other definitions included having perfect
attendance, demonstrating good behavior, paying attention, skipping a grade, being on time,
being really smart, having a positive attitude, earning free time and bonus stuff, learning how to
speak English, being an active member in the school community, attending honors classes,
graduating from high school, and going to college. One student said academic success occurs
when a student tries their hardest or best to “to keep up with schoolwork and their family stuff.”
Another student clarified that academic success is more than just getting a job, it is having “the
knowledge to do whatever you want in the future.” Lastly, an academically successful student
not only gets along with their classmates, but they also help their peers to succeed by sharing
what they have learned.
Challenges LPS Hispanic-Latino/a/x/e Students Face
Students shared several challenges they feel Hispanics-Latinos/as/xs/es face within the LPS
district. They include assumptions and stereotypes, micro- and macro-aggressions, bullying and
harassment, unfair treatment and inequities, lack of representation, academic language-related
difficulties, lack of trust in adults, and other challenges.
Assumptions and stereotypes. According to the focus group participants, people often jump to
conclusions about the Hispanic-Latino/a/x/e students based on color of their skin, the languages
they speak, and their cultural backgrounds. The most common assumptions or stereotypes
students have heard within the school community include Hispanics-Latinos/as/xs/es are
“trouble”, “loud”, “aggressive”, “poor”, “illegal immigrants”, “on government help”, and
“dumb”. In addition, students have experienced people in the school system who assume because
someone is Hispanic-Latino/a/x/e they are more likely to “go to church”, eat “tacos” and “spicy
food” “do something wrong”, “steal something”, “pick or start a fight”, “have an attitude”, “get
into trouble”, or “have abusive parents”. One middle school student shared, “Everyone always
says that they hate the Portuguese and Brazilian kids because of how loud they are.” One student
has noticed when something bad happens on the news that involves a Hispanic-Latino/a/x/e,
people are more likely to make negative assumptions about others from that culture. When we
asked the students why they thought the discipline rates for Hispanic-Latino/a/x/e students in

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�LPS were so high, they said that they believe “culture clashes” are occurring and “mannerisms
are being misinterpreted” or “perceived as disrespectful” by the teachers. The students further
explained that Hispanic-Latino/a/x/e students cannot be themselves because they will be told
they are acting inappropriately or wrong. Lastly, students who identify as Hispanic-Latino/a/x/e
but only speak English often encounter people who assume they speak Spanish or Portuguese.
When they are unable to converse, they are told they are not really Hispanic-Latino/a/x/e often
by others from the same ethnic group. Similar sentiments have been expressed towards students
whose skin tones do not match what others assume Hispanics-Latinos/as/xs/es should look like.
Micro- and macro-aggressions. Hispanic-Latino/a/x/e students often experience micro- and
macro-aggressions. They shared various back-handed compliments they encounter from teachers
and other students. For instance, “Oh, you’re quiet for a Hispanic girl!”, “Wow, you’re very
polite for a Puerto Rican!”, “Why are you trying to act like you’re White?”, “You’re really smart
for a Hispanic or Puerto Rican!”, “You’re more intelligent than I would’ve thought you were!”,
“You’re a lot more well-spoken than I would’ve expected!”, and “I’m surprised how good your
grades are!” One student clarified that comments like those mentioned above were usually stated
in a friendly manner, but the deliverer’s intentions did not have the desired impact. In addition,
this student experienced people touching and commenting on their hair in uncomfortable ways
(e.g., your hair is like rope). Hispanic-Latino/a/x/e students also experience racial slurs, blatant
insults, or putdowns. Another student commented that “negative people are mean to successful
people”. Students in LPS who are viewed as acting White are referred to as “White-washed.”
Students from multiple cultural backgrounds in LPS have been called “mutts” or from a “mixed
breed”. The students said even when people are joking around (e.g., “You dirty Mexican”, “You
tiny Hispanic”), they do not find it funny.
Bullying and harassment. LPS Hispanic-Latino/a/x/e students get bullied for their race and
culture, the way they look, and how they talk. Bullying occurs both verbally and physically.
Cyberbullying often trickles into the school and fights that started online will escalate into a
physical altercation when students come into contact with one another. The “No sabo kids”,
Hispanic-Latino/a/x/e students who do not speak Spanish or Portuguese, are often invalidated by
their peers. They are told they are not Hispanics-Latinos/as/xs/es if they do not speak Spanish
and/or Portuguese. For those who do speak Spanish, some have encountered English speakers
who have told them to “go back to your country if you want to speak Spanish.”
In addition to bullying, the female students we interviewed experienced harassment in
elementary, middle, and high school. Some of the girls shared that they have been touched in
uncomfortable ways by their peers without their consent. When the students were asked if they
had ideas on how to stop bullying, one student did not think there was a way to stop it because
“we can’t control how other people act.”
Unfair treatment and inequities. Hispanics-Latinos/as/xs/es have experienced unfair treatment
and inequities in the LPS school system. As one student explained, “they say they don’t treat you
[Hispanic-Latino/a/x/e] differently, but they do…especially teachers.” Students reported being
looked down upon by some teachers, guidance counselors, and security guards. Some students
do not go to school because they do not like the way they are treated by the adults. They would
rather not be in school, so they do not have to be in an environment that makes them feel
inferior. A student said that some parents also avoid going to the schools because of how they are

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�treated. One student was called a racial slur by another student in class and the teacher did not
address it. Instead, the student felt the teacher was kind of “egging on” the offending student.
Then the teacher did something that the student referred to as “racist”, and according to the
student the teacher did not experience any consequences. The student felt it was “not fair”
because the school “didn’t really acknowledge” the teacher’s inappropriate behaviors. When the
system incorrectly had the wrong schedule for another Hispanic-Latino/a/x/e student, multiple
adults jumped to the conclusion that the student was skipping classes when in fact the issue was
a logistical error in the system. Another student had a guidance counselor who was perceived as
unsupportive and having low expectations of the student. Hispanics-Latinos/as/xs/es in LPS are
more often placed in lower-level classes. Hispanic-Latino/a/x/e students have been racially
profiled by security guards when they happen to be in the wrong place at the wrong time. They
have also experienced inequities in discipline responses. They have noticed when White students
get in trouble the consequences are less harsh than the ones Hispanic-Latino/a/x/e receive. Like
Hispanic-Latino/a/x/e employees, Hispanic-Latino/a/x/e students also felt they have to work
harder than other racial or ethnic groups to achieve similar goals (e.g., scholarship opportunities,
place in higher level courses). One student described the systematic differences in the LPS as
follows “it [going to school] is kind of normal … for regular Americans.” For this reason,
another student explained, some immigrants feel they need to Americanize themselves because it
is required to be successful because as another student put it, you “might live in America, but it
doesn’t mean you’re American.” This student also emphatically shared, “I don't like when people
use that term, American, I feel like it is putting you in a certain class that you shouldn’t be put
in.”
Lack of representation. Hispanic-Latino/a/x/e students do not feel represented within the school
and within the city as one student exclaimed, “It’s to the point that we don’t have any kind of
representation anywhere.” Very few multilingual teachers and teachers of color are working in
the district. Very few Hispanics-Latinos/as/xs/es are enrolled in higher level classes so some
students who are eligible will not take those classes because they do not want to “feel out of
place”, “isolated”, and “awkward”. They are also not represented in their textbooks or in the
curriculum. As one student shared, “our ethnicity and culture are not really brought to life” in the
classroom. Another student felt the teachers appear to feel awkward when talking about race so
such discussions are not being held as often as they should.
Academic language-related difficulties. Some Hispanic-Latino/a/x/e students experience
academic language-related difficulties. The students felt there was not enough help for students
learning English and they “don't have the same opportunities to perform and get the same grades
as other students.” Newcomer or multilingual students can find it difficult to pass tests when they
do not know English yet and tests like MCAS are only provided in English. Multiple students
told us that their EL class was not helpful because they were not engaging in English lessons
instead the course was treated like a study hall, and they were told to do the homework they had
for other classes. One student said the EL class was, “a waste of time.” Another student told us
that when they were younger, teachers would pull them out of class to have them serve as a
translator for an EL in another class. Because the student was constantly being pulled out of class
to serve as a translator for someone else, they got behind in their own studies.

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�Lack of trust in adults. Many of the students who participated in the focus groups did not have
an adult at school they feel comfortable going to if they had an issue or a problem. One said they
are scared of them, another said they do not trust them, while another said the teachers do not
really understand them. In addition, one student avoids telling teachers something during class
because other students are nosey and eavesdrop.
Other challenges. A few other challenges were cited by students. They included coping with
trauma and mental health related issues, being involved with gangs, having limited knowledge of
their rights as students, having to work to support their families, and being the first generation to
finish high school or attend college. They also mentioned a lack of connection and
communication between teachers and the Hispanic-Latino/a/x/e parents as well as the pandemic
as additional challenges.
LPS Hispanic-Latino/a/x/e Students’ Recommendations for Improvement
Students shared several recommendations that they feel would improve the Hispanic-Latino/a/x/e
experience within the LPS district. They include increasing Hispanic-Latino/a/x/e representation,
educator-related suggestions, encourage more connections, provide more language-related
academic supports, offer more clubs and social opportunities, improve awareness, and other
recommendations.
More Hispanic-Latino/a/x/e representation. LPS needs more diversity in their staff so the
adults’ backgrounds match those of the students. Hispanic-Latino/a/x/e students would like more
teachers of color and more multilingual educators. The students feel more comfortable and
calmer with teachers of color that understand them and can relate to their experiences. The
students think students would be more respectful if more teachers of color were present because
they would be able to be themselves. If students need help, they are more likely to approach a
staff member who has a similar background to theirs. In addition to the educators, students
would also like more representation within the city, the curriculum, their textbooks, their daily
lessons, and the community (e.g., memorials). Moreover, students would like culture and race
related topics integrated into their classes (e.g., slavery). They believe teachers should start
talking about race early so students understand at a young age that it is inappropriate to speak
badly about other races and cultures. They would also like more students of color in higher level
classes. Lastly, the students suggested having world language classes in all grades not just in the
high school.
Educator-related suggestions. In addition to teachers of color and multilingual teachers,
students would like more culturally responsive White educators who are understanding and
accepting of differences. They would like for teachers, counselors, and other adults in the school
district to treat students fairly. They would like for them to have higher standards for HispanicLatino/a/x/e students. They want them to encourage students to do better and to prepare to go to
college. They would like for their educators to provide more guidance as well as academic and
social support. Lastly, they would like for teachers to be held accountable when they do say or
do something inappropriate.
Encourage more connections. Students would like to see more connections between teachers
and parents. They would also like students to develop connections with each other more through

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�integrated opportunities where they can get to know each other and learn from each other. A
student suggested adding a community service requirement so students can make connections to
their community. They suggested drawing upon community resources like the Latinx
Community Center for Empowerment, Teen Block, and Mill City Grows.
Provide more language-related academic supports. Another recommendation students made
was to provide more academic support, especially for reading in English as that skill affects
every class. Students felt more time to practice English was needed. Classes should have
bilingual teachers or access to translators as well as tools like Spanish-English dictionaries and
Google Translate when needed. The MCAS and other standardized tests should be provided in
multiple languages. They would like to see bilingual study groups established for doing
homework and more group work being employed in classrooms.
Offer more clubs and social opportunities. Students would like to see more clubs and social
opportunities in all grades, especially those that are related to culture and language. For high
school clubs that exist, consider holding some or all meetings during lunch so students who have
to work after school still have an opportunity to participate. They also think existing clubs (e.g.,
Gear Up, Tenacity Challenge, Black Unity Club, Latino Club, Anti-Bias Club, etc.) need to be
promoted more so students know such opportunities exist. In addition, they suggested having
more inclusive sports programs. They are also interested in dance groups, as well as more recess
and socializing time.
Improve awareness. The Hispanic-Latino/a/x/e students identified several issues that need more
awareness and prevention efforts in LPS. First, they suggested starting a bullying prevention
campaign. One student suggested having students make signs with sticks they could hold. Other
students said the campaign could tell people, “If you don’t have anything nice to say don’t say it
at all!”, “Don’t jump to conclusions!”, and “Stop talking behind people’s backs!” Another
student suggested having students work through bullying in groups. Second, another student
thinks LPS should educate students on what their rights are. Third, an orientation for transfer
students should be implemented so they become more aware of what LPS has to offer them (e.g.,
social workers, clubs, and various kinds of support). Fourth, students believe more should be
done about mental health awareness especially because the pandemic exacerbated already
existing issues.
Other recommendations. Students provided a few other recommendations. They include having
elevators that students can use, providing bigger playgrounds with swings, installing a
trampoline park and a playroom inside. They also want equitable disciplinary practices (e.g.,
suspensions) implemented. Lastly, they recommended that LPS increase merit-based scholarship
opportunities for Hispanic-Latino/a/x/e students.

49

�5. Limitations
All studies have limitations which shed light on possible avenues for future studies or
evaluations. The most salient limitations for this formative evaluation include:
• It took a long time to establish the contract and data sharing agreement;
• The likely impact of Covid-19 pandemic on the school data;
• Small sample size on student survey; and
• A limited number of current EL students participating in the focus groups.
Although this evaluation had these limitations, our findings are still important for the program
and for future evaluations of similar programs.
6. Conclusions
LPS has experienced a 14.5% increase in Hispanic-Latino/a/x/e student enrollment since the
2017-2018 school year. The district has hired more Hispanic-Latino/a/x/e staff (38.2%) during
that same period. The Hispanic-Latino/a/x/e parents have noticed that as the number of Spanish
speaking staff has increased within the district, the inclusion and communication within the
schools has improved. The district has dedicated teachers who are actively trying to improve the
Hispanic-Latino/a/x/e experience. Employees, parents, and students feel the district
acknowledges and celebrates the different cultures within LPS. Employees within the district like
the increased diversity, the relationships they have, and the Hispanic-Latino/a/x/e culture.
Parents like how the district includes families, has good communication, and had students
actively learning during the pandemic. Students like how diverse LPS is. They also like having
racial/ethnic discussions, having translation supports, and making community connections.
However, the district needs to continue improving the Hispanic-Latino/a/x/e experience within
the district by amending some current practices and adapting to students’ varying needs and
cultural backgrounds. The various types of challenges identified need to be addressed: bullying
and harassment, low expectations, assumptions, stereotypes, micro- and macro-aggressions,
unfair treatment and inequities, limited opportunities, lack of representation, academic languagerelated difficulties, language barriers, lack of trust in adults, turnover, stressful transitions,
untrained substitute teachers, limited familiarity with the U.S. education system, and external
factors. Also, it is important to note bullying was a main topic of discussion and concern for
students and parents, but for employees it was minimally discussed. Considering that several
students said they do not have an adult they feel comfortable talking with at school, this fact
might explain why the employees do not know such incidents are occurring. The following
section provides recommendations for continued improvement based upon the work that has
already been started in LPS.

50

�7. Recommendations
First and foremost, given the number of Hispanic-Latino/a/x/e students within the district, more
Hispanic-Latino/a/x/e educators should be hired. LPS might consider “Grow Your Own Model”
that has been successful in Illinois and Washington. More details can be found here:
https://www.doe.mass.edu/teach/NationalModels.html. To improve the experience of HispanicsLatinos/as/xs/es in LPS, the recommendations from the employees, parents, and students
provided earlier in this report and summarized in the bullets below should be considered and
incorporated:
• Employees recommended establishing a welcoming environment with more
representation for Hispanic-Latino/a/x/e students, families, and staff, more academic
opportunities and supports, more flexibility, and more consistency.
• Parents recommended adding more bilingual adults, more safety trainings, more bullying
prevention, more sports and extracurricular programs, more cultural exchanges within the
school community, and other recommendations discussed further in the report.
• Students recommended increasing Hispanic-Latino/a/x/e representation in faculty and
staff, encourage more connections between members of the school community, provide
more language-related academic supports, offer more clubs and social opportunities,
improve awareness issues such as bullying, and other recommendations discussed further
in the report.
In addition, the findings in the Best Practices Report should also be considered and incorporated.
They include specific recommendations about how to do each of the following essential elements
for building the success of Hispanic-Latino/a/x/e students:
• Develop and implement inclusive policies and practices.
• Encourage bilingualism and multilingualism.
• Connect curricula to students’ cultural backgrounds.
• Engage Hispanic-Latino/a/x/e students in classes and have high expectations.
• Strengthen communication between schools and Hispanic-Latino/a/x/e families.
• Support and understanding familism.
• Empower students.
• Strengthen relationships between students and school personnel.
• Increase community connections and partnerships.
• Address racial and ethnic inequalities, discrimination, prejudices, and stereotypes.
• Increase resources and supports for students and families.
• Increase mental health resources and supports.

51

�References
City of Lowell. (n.d.). Public school zones.
https://www.lowellma.gov/DocumentCenter/View/14355/PublicSchoolZones_CEDITED
Fortaleza. (2021, November 16). About [Facebook page].
https://www.facebook.com/FortalezaLowell/about/.
Granberry, P., &amp; Mattos, T. (2017). Latinos in Massachusetts selected areas: Lowell. Gastón
Institute Publications, 222, 1-12. https://scholarworks.umb.edu/gaston_pubs/222
Massachusetts Department of Elementary and Secondary Education. (2021). School and district
profiles: Lowell.
https://profiles.doe.mass.edu/general/general.aspx?topNavID=1&amp;leftNavId=100&amp;orgcod
e=01600000&amp;orgtypecode=5
U.S. Census Bureau. (2020). QuickFacts: Lowell city, Massachusetts.
https://www.census.gov/quickfacts/lowellcitymassachusetts

52

�Appendices

53

�Appendix A
Student Focus Group Protocols
English Version
Topics
Perceptions of
School/District

•
•
•
•
•
•
•
•
•

•
Communicating with
Parents
Supports or Resources

•
•

•
•

Family and
Community
Connections

•

Question Examples
How do you identify racially or ethnically? Do you prefer
Latina/Latino/Latinx/Latine or Hispanic?
Can you tell me about your experiences as a Latina/o/x/e or
Hispanic student in Lowell Public Schools?
What, if anything, do you like about your experience as a
Latina/o/x/e or Hispanic in this school district?
What, if anything, would you like to change about the
Latina/o/x/e or Hispanic experience in this school district?
How would you describe academic success for Latina/o/x/e
or Hispanic students in Lowell Public Schools?
What, if anything, do you like about the school you are
attending or this school district?
What, if anything, would you like to change about the
school you are attending or this school district?
Have you noticed any positive or negative outcomes for
Latinas/os/xs/es or Hispanics in this district? If so, what are
they?
How many of your classes focus on Latinas/os/xs/es or
Hispanics? Do any of your classes link to your own
experiences outside of school?
o (If yes) Can you tell me about these classes?
o (If no) Why do you think that is?
Can you tell me about any clubs that support you as a
Latina/o/x/e or Hispanic student?
What are some ways the school contacts you and your
family? Do you think these methods are effective?
What kinds of school provided resources or supports have
you used? (translators, afterschool programs, ESL classes,
phone calling system, etc.). Which ones are working for you
and which ones aren’t?
What kinds or supports or resources do you think
Latinas/os/xs/es or Hispanics need?
Do you feel comfortable talking to somebody in the school
district about your needs? Do you think other
Latinas/os/xs/es or Hispanics in the district feel comfortable
going to the schools? Why or why not?
In what ways are you supported by your family in terms of
your education – at home? – at school?

54

�•
•
•
Assets &amp; Needs

•
•
•

External Factors

•

Recommendations

•
•

Additional Comments

•

What are some underlying assumptions or beliefs that
people in your school community have about
Latinas/os/xs/es or Hispanics students and their families?
What are some ways the school has tried to involve you and
other Latina/o/x or Hispanic students?
What are some ways you would like to participate? How
often would you like to participate?
What do you think is the benefit of having Latina/o/x/e or
Hispanic students in the school system?
What, if anything, do you or other Latina/o/x/e or Hispanic
students need to be successful in school?
Are there any other needs that Latinas/os/xs/es or Hispanics
in this district have that are not being met?
Are there any things outside of school that influence you or
other Latina/o/x/e students’ ability to be successful?
What are some ways the school can reach out to
Latina/o/x/e or Hispanic students and their families?
What are some recommendations you have to help improve
the Latina/o/x/e or Hispanic experience in your school
and/or in your district?
Are there any other comments or suggestions you like to
share?

55

�Spanish Version
Temas
Percepciones de la
escuela/Distrito

•
•
•
•
•
•
•
•
•

•
Comunicarse con los
Padres

•

Apoyos o Recursos

•

•
•

Conexiones familiares
y comunitarias

•

Ejemplos de preguntas
¿Cómo identificas su raza o etnia? ¿Prefieres
Latina/Latino/Latinx/Latine o Hispano?
¿Me puede contar sobre sus experiencias como estudiante
latina/o/x/e o hispana en las Escuelas Públicas de Lowell?
¿Qué le gusta de sus experiencias como latina/o/x/e o
hispana en este distrito escolar?
¿Qué le gustaría cambiar sobre la experiencia latina/o/x/e o
hispana en este distrito escolar?
¿En su opinión, que es el éxito académico para las
estudiantes latinas/os/xs/es o hispanos en las Escuelas
Públicas de Lowell?
¿Qué le gusta de la escuela a la que asiste o de este distrito
escolar?
¿Qué le gustaría cambiar de la escuela a la que asiste o de
este distrito escolar?
¿Ha notado algún resultado positivo o negativo para las
latinas/os/xs/es o hispanas en este distrito? Si es así, ¿Que
son?
¿Cuántas de sus clases se enfocan en latinas/os/xs/es o
hispanas? ¿Alguna de sus clases se relaciona con sus
propias experiencias fuera de la escuela?
o (En caso afirmativo) ¿Puede hablarme de estas
clases?
o (Si no) ¿Por qué crees que es eso?
¿Puedes hablarme de algún club que te apoye como
estudiante latina/o/x/e o hispana?
¿Cuáles son algunas formas en que la escuela se comunica
con usted y su familia? ¿Crees que estos métodos son
efectivos?
¿Qué tipo de recursos o apoyos proporcionados por la
escuela ha utilizado? (traductores, programas
extracurriculares, clases de ESL, sistema de llamadas
telefónicas, etc.). ¿Cuáles te funcionan y cuáles no?
¿Qué tipo de apoyos o recursos cree que necesitan las
latinas/os/xs/es o las hispanas?
¿Se siente cómodo hablando con alguien en el distrito
escolar sobre sus necesidades? ¿Crees que otras estudiantes
latinas/os/xs/es o hispanas en el distrito se sienten cómodas
yendo a las escuelas? ¿Por qué o por qué no?
¿De qué manera recibe apoyo de su familia en términos de
su educación, en el hogar? - ¿en la escuela?

56

�•
•
•
Activos y necesidades

•
•
•

Factores externos

•

Recomendaciones

•
•

Comentarios
adicionales

•

¿Cuáles son algunas suposiciones o creencias que tienen las
personas en su comunidad escolar acerca de los estudiantes
latinos/os/xs/es o hispanos y sus familias?
¿Cuáles son algunas de las formas en que la escuela ha
tratado de incluir a usted y a otras estudiantes
latinas/os/xs/es o hispanos?
¿Cuáles son algunas formas en las que le gustaría
participar? ¿Con qué frecuencia le gustaría participar?
¿Cuál cree que es el beneficio de tener estudiantes
latinas/os/xs/es o hispanos en el sistema escolar?
¿Qué necesitan usted y otras estudiantes latinas/os/xs/es o
hispanos para tener éxito en la escuela?
¿Hay otras cosas que las latinas/os/xs/es o las hispanas en
este distrito necesitan?
¿Hay cosas fuera de la escuela que influyan en la capacidad
de usted o de otras estudiantes latinas/os/xs/es para tener
éxito?
¿Cuáles son algunas otras formas en que la escuela puede
comunicarse con las estudiantes latinas/os/xs/es o hispanos
y sus familias?
¿Qué otras recomendaciones tiene para mejorar la
experiencia latina/o/x/e o hispana en su escuela y/o en su
distrito?
¿Hay algún otro comentario o sugerencia que le gustaría
compartir?

57

�Appendix B
Parent/Guardian Focus Group Protocols
English Version
Topics
Perceptions of
School/District

•
•
•
•
•
•
•
•
•

Communicating with
Parents
Supports or Resources

•
•

•
•

Family and
Community
Connections

•
•
•
•

Question Examples
How do you identify racially or ethnically? Do you prefer
Latina/Latino/Latinx/Latine or Hispanic?
Can you tell me about your experiences as a Latina/o/x/e or
Hispanic parent in Lowell Public Schools?
What, if anything, do you like about your experience as a
Latina/o/x/e or Hispanic in this school district?
What, if anything, would you like to change about the
Latina/o/x/e or Hispanic experience in this school district?
How would you describe academic success for Latina/o/x/e
or Hispanic students in Lowell Public Schools?
What, if anything, do you like about the school your child is
attending or this school district?
What, if anything, would you like to change about the
school your child is attending or this school district?
Have you noticed any positive or negative unanticipated
outcomes for Latinas/os/xs/es or Hispanics in this district?
If so, what are they?
Do you know if your child has any classes that have a focus
on Latinas/os/xs/es or Hispanics in the U.S.?
What are some ways the school contacts you? Do you think
these methods are effective?
What kinds of school provided resources or supports have
you used? (translators, afterschool programs, ESL classes,
phone calling system, etc.). Which ones are working well,
and which ones aren’t?
What kinds or supports or resources do Latinas/os/xs/es or
Hispanics need?
Do you feel comfortable talking to somebody in the district
about your child’s and your needs? Do you think other
Latinas/os/xs/es or Hispanics in the district feel comfortable
going to the schools? Why or why not?
In what ways do you support your child in terms of their
education – at home? – at school?
What are some underlying assumptions or beliefs that
people in your school community have about Latina/o/x/e
or Hispanic students and their families?
What are some ways the school has tried to involve you and
other Latina/o/x/e or Hispanic parents?
What are some ways you would like to participate? How
often would you like to participate?

58

�Assets &amp; Needs

•
•
•
•
•

External Factors

•

Recommendations

•
•

Additional Comments

•

What do you think is the benefit of having Latina/o/x/e or
Hispanic students and families in the school system?
How might the school tap into those benefits?
What does your child(ren) or other Latina/o/x/e or Hispanic
students need to be successful in school?
What, if anything, do you or other Latina/o/x/e or Hispanic
parents need in supporting your/their child(ren)’s
education?
Are there any other needs that Latinas/os/xs/es or Hispanics
have in this district that are not being met?
What kinds of external factors (things that are outside of
your control) have an influence on Latinas/os/xs/es or
Hispanics in this school district?
What are some other ways the school can reach out to
Latina/o/x/e or Hispanic parents?
What are some other recommendations you would provide
to the Lowell Public Schools to help improve the
Latina/o/x/e or Hispanic experience in your school and/or in
your district?
Are there any other comments or suggestions you like to
share?

59

�Spanish Version
Temas
Percepciones de la
escuela/Distrito

•
•
•
•
•
•
•
•

Comunicarse con los
Padres
Apoyos o Recursos

•
•

•
•

Conexiones Familiares
y Comunitarias

•
•
•
•

Activos y necesidades

•

Ejemplos de Preguntas
¿Cómo identificas su raza o etnia? ¿Prefieres
Latina/Latino/Latinx/Latine o Hispano?
¿Puede contarme sobre sus experiencias como pariente
latina/o/x/e o hispana en las Escuelas Públicas de Lowell?
¿En su opinión, que es el éxito académico para las
estudiantes latinas/os/xs/es o hispanos en las Escuelas
Públicas de Lowell?
¿Qué le gusta de ser latina/o/x/e o hispana en este distrito
escolar?
¿Qué le gusta de la escuela a la que asiste su hijo o de este
distrito escolar?
¿Qué le gustaría cambiar de la escuela a la que asiste su hijo
o de este distrito escolar?
¿Ha notado algún resultado positivo o negativo para las
latinas/os/xs/es o hispanas en este distrito? Si es así, ¿Que
son?
¿Sabe si su hijo tiene alguna clase que tiene un enfoque en
latinas/os/xs/es o hispanas en los estados unidos?
¿Cuáles son algunas formas en que la escuela se comunica
con usted? ¿Crees que estos métodos son efectivos?
¿Qué tipo de recursos o apoyos proporcionados por la
escuela ha utilizado? (traductores, programas
extracurriculares, clases de ESL, sistema de llamadas
telefónicas, etc.). ¿Cuáles funcionan bien y cuáles no?
¿Qué tipos de apoyos o recursos necesitan las
latinas/os/xs/es o las hispanas?
¿Se siente cómodo hablando con alguien en el distrito sobre
las necesidades de su hijo y las suyas? ¿Crees que otras
latinas/os/xs/es o hispanas en el distrito se sienten cómodas
hablando con alguien en las escuelas? ¿Por qué o por qué
no?
¿De qué manera apoya a su hijo en términos de su
educación, en casa? - ¿en la escuela?
¿Cuáles son algunas suposiciones o creencias que tienen las
personas en su comunidad escolar acerca de los estudiantes
latinos/os/xs/es o hispanos y sus familias?
¿Cuáles son algunas formas en que la escuela ha tratado de
incluir a usted y a otros padres latinas/os/xs/es o hispanos?
¿Cuáles son algunas formas en las que le gustaría
participar? ¿Con qué frecuencia le gustaría participar?
¿Cuál cree que es el beneficio de tener estudiantes y
familias latinas/os/xs/es o hispanas en el sistema escolar?

60

�•
•
•
•
Factores externos

•

Recomendaciones

•
•

Comentarios
Adicionales

•

¿Cómo podría la escuela aprovechar esos beneficios?
¿Qué necesitan su(s) hijo(s) o otras estudiantes
latinas/os/xs/es o hispanos para tener éxito en la escuela?
¿Qué necesitan usted o otros parientes latinas/os/xs/es o
hispanos para apoyar la educación de su(s) hijo(s)?
¿Hay otras cosas que las latinas/os/xs/es o las hispanas en
este distrito necesitan?
¿Qué tipo de factores externos (cosas que están fuera de su
control) tienen influencia en las latinas/os/xs/es o hispanas
en este distrito escolar?
¿Cuáles son algunas otras formas en que la escuela puede
comunicar con las parientes latinas/os/xs/es o hispanos?
¿Qué otras recomendaciones tienen para mejorar la
experiencia latina/o/x/e o hispana en su escuela y en su
distrito?
¿Hay algún otro comentario o sugerencia que le gustaría
compartir?

61

�Appendix C
Employee Focus Group Protocols
English Version
Topics
Perceptions of School

•
•
•
•
•
•
•

Supports or Resources

•
•
•

Family and
Community
Connections

•
•
•

Assets &amp; Needs

•
•
•

Question Examples
How do you identify racially or ethnically? Do you prefer
Latina/Latino/Latinx/Latine or Hispanic?
Can you tell me about your experiences as a Latina/o/x/e or
Hispanic employee in Lowell Public Schools?
How would you describe academic success for Latina/o/x/e
or Hispanic students in Lowell Public Schools?
What, if anything, do you like about your experience as a
Latina/o/x/e or Hispanic in this school district?
What, if anything, would you like to change about the
Latina/o/x/e or Hispanic experience in this school district?
Have you noticed any positive or negative unanticipated
outcomes for Latinas/os/xs/es or Hispanics in this district?
If so, what are they?
Do you or any other teachers offer classes that focus on
Latinas/os/xs/es? Do you have sections of your classes that
center Latina/o/x/e or Hispanic histories or culture in the
U.S.?
What kinds of resources or supports does the district
provide for Latinas/os/xs/es or Hispanics? Which ones are
working well, and which ones aren’t?
What kinds or supports or resources do Latinas/os/xs/es or
Hispanics need?
Do you feel comfortable talking to somebody in the district
about your experiences as a Latino/a/x/e? Do you think
other Latinas/os/xs/es or Hispanics in the district feel
comfortable in this district? Why or why not?
What are some underlying assumptions or beliefs that
people in your school community have about
Latinas/os/xs/es or Hispanic students and their families?
What are some ways the school or district has tried to
involve Latinas/os/xs/es or Hispanics?
What are some ways you think Latinas/os/xs/es or
Hispanics would like to participate? How often do you think
they would like to participate?
What benefits do Latina/o/x/e or Hispanic students &amp;
families bring to the district?
How might the district capitalize on those benefits?
What, if anything, do Latina/o/x/e or Hispanic students need
to be successful in school?

62

�•
•
External Factors

•

Recommendations

•
•

Additional Comments

•

What, if anything, do Latina/o/x/e or Hispanic parents need
to support their child(ren)’s education?
Are there any other needs that Latinas/os/xs/es or Hispanics
have in this district that are not being met?
Are there any things outside of school that influence
Latina/o/x/e students’ ability to be successful?
What are some ways the school can reach out to
Latinas/os/xs/es or Hispanics in the district?
What are some recommendations you would provide to the
Lowell Public Schools to help improve the Latina/o/x/e or
Hispanic experience in your school and/or in your district?
Are there any other comments or suggestions you would
like to share?

63

�Spanish Version
Temas
Percepciones de la
escuela

•
•
•
•
•
•
•

Apoyos o Recursos

•
•
•

Conexiones familiares
y comunitarias

•
•
•

Activos y necesidades

•
•
•
•

Ejemplos de preguntas
¿Cómo identificas su raza o etnia? ¿Prefieres
Latina/Latino/Latinx/Latine o Hispano?
¿Puede contarme sobre sus experiencias como empleada
latina/o/x/e o hispana en las Escuelas Públicas de Lowell?
¿En su opinión, que es el éxito académico para las
estudiantes latinas/os/xs/es o hispanos en las Escuelas
Públicas de Lowell?
¿Qué le gusta de ser latina/o/x/e o hispana en este distrito
escolar?
¿Qué le gustaría cambiar sobre la experiencia latina/o/x/e o
hispana en este distrito escolar?
¿Ha notado algún resultado positivo o negativo para las
latinas/os/xs/es o hispanas en este distrito? Si es así, ¿Que
son?
¿Usted o algún otro maestro ofrece clases que se enfocan en
latinas/os/xs/es? ¿Tiene secciones de sus clases que se
centren en historias o cultura latina/o/x/e o hispana en los
estados unidos?
¿Qué tipo de recursos o apoyos brinda el distrito a las
latinas/os/xs/es o hispanas? ¿Cuáles funcionan bien y cuáles
no?
¿Qué tipo de apoyos o recursos necesitan las latinas/os/xs/es
o las hispanas?
¿Se siente cómodo hablando con alguien en el distrito sobre
sus experiencias como latino/a/x/e? ¿Cree que otras
latinas/os/xs/es o hispanas en el distrito se sienten cómodas
en este distrito? ¿Por qué o por qué no?
¿Cuáles son algunas suposiciones o creencias que tienen las
personas en su comunidad escolar acerca de los estudiantes
latinos/os/xs/es o hispanos y sus familias?
¿Cuáles son algunas formas en que la escuela o el distrito ha
tratado de incluir a las latinas/os/xs/es o hispanas?
¿En su opinión, cuáles son algunas formas que las
latinas/os/xs/es o hispanas les gustaría participar? ¿Con qué
frecuencia cree que les gustaría participar?
¿Qué beneficios traen los estudiantes y familias
latinas/os/xs/es o hispanas al distrito?
¿Cómo podría el distrito capitalizar esos beneficios?
¿Qué necesitan las estudiantes latinas/os/xs/es o hispanos
para tener éxito en la escuela?
¿Qué necesitan los padres latinos/as/xs/es o hispanos para
apoyar la educación de sus hijos?
64

�•
Factores externos

•

Recomendaciones

•
•

Comentarios
adicionales

•

¿Hay otras necesidades que tienen las latinas/os/xs/es o los
hispanos en este distrito que no se están satisfaciendo?
¿Hay cosas fuera de la escuela que influyen las estudiantes
latinas/os/xs/es para tener éxito?
¿Como puede la escuela comunicarse mejor con las
latinas/os/xs/es o hispanas en el distrito?
¿Qué otras recomendaciones le darían a las Escuelas
Públicas de Lowell para ayudar a mejorar la experiencia
latina/o/x/e o hispana en su escuela y/o en su distrito?
¿Hay algún otro comentario o sugerencia que le gustaría
compartir?

65

�Appendix D
5-Year Student Enrollment in Each of the Lowell Public Schools by Race/Ethnicity

It is important to note the total student enrollment provided in Table D.1 for each year applies to all of the figures in this Appendix.
Table D.1
5-Year LPS Student Enrollment Totals for Each School Year
School Year
n
2017-2018
14,436
2018-2019
14,548
2019-2020
14,434
2020-2021
14,023
2021-2022
13,991

Figure D.1
Abraham Lincoln Elementary School
2017-2018

5.1

2018-2019

3.1

2019-2020

2.8

2020-2021

3.7

47.8

2021-2022

4.1

46.9

0%
African American

50.5

29.2

49.9

30.8

46.7

10%
Asian

20%
Hispanic

30%

32

Native American

White

60%

3.9

70%

11.4
80%

Native Hawaiian, Pacific Islander

90%

4.5
3.9
5.2
100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 487; 2018-2019, n = 509; 2019-2020, n = 493; 2020-2021, n = 460; 2021-2022, n = 484.

66

12
11.3

32
50%

3.7

14
33

40%

11.3

�Figure D.2
Bartlett Community Partnership
2017-2018

9.4

39.7

32.8

15

2.9

2018-2019

8.2

40.9

31

2019-2020

8.6

39.3

34

15.4

2.7

2020-2021

8.9

39.7

33.5

14.3

3.6

2021-2022

8.9
0%

38.1
10%

African American

Asian

20%
Hispanic

30%

16.9

37.4
40%

Native American

50%
White

60%

2.7

12.1
70%

80%

Native Hawaiian, Pacific Islander

3.2

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 521; 2018-2019, n = 474; 2019-2020, n = 488; 2020-2021, n = 474; 2021-2022, n = 462.
Figure D.3
B.F. Butler Middle School
2017-2018

8.1

2018-2019

7.2

2019-2020

7

2020-2021

6.9

31.5

34.5

21.6

5.5

2021-2022

6.8

31.7

34.8

21.6

5.2

0%
African American

27.3
26.3
29.4

10%
Asian

20%
Hispanic

30.3

28.7

5.6

33.5

27

6

24.5

6

33.1

30%

40%

Native American

50%
White

60%

70%

80%

Native Hawaiian, Pacific Islander

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 534; 2018-2019, n = 567; 2019-2020, n = 571; 2020-2021, n = 550; 2021-2022, n = 515.

67

90%

�Figure D.4
Cardinal O'Connell Early Learning Center
2018-2019

6.7

2019-2020

4.6

2020-2021

5.7

2021-2022

25

45.2

23.9

39.4

11.9

African American

32.9

23.8
10%

Asian

20%

Hispanic

40%

Native American

50%

White

4.6

25.7

40.5
30%

3.8

27.5

32.9

0%

19.2

2.9

16.7
60%

70%

80%

Native Hawaiian, Pacific Islander

6
90%

100%

Multi-Race, Non-Hispanic

Note. 2018-2019, n = 104; 2019-2020, n = 109; 2020-2021, n = 70; 2021-2022, n = 84; No data was available for 2017-2018.
Figure D.5
Charles W. Morey Elementary School
2017-2018

4.9

61.6

2018-2019

4.9

62.4

10.8

17.2

4.3

2019-2020

5

61.8

11

17.5

4.6

2020-2021

5.6

59.9

12.3

17.1

5

16.3

15

2021-2022

4.2
0%

African American

9.7

59.4
10%
Asian

20%
Hispanic

30%

40%

Native American

50%
White

60%

70%

19.2

80%

Native Hawaiian, Pacific Islander

90%

5.1
100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 515; 2018-2019, n = 511; 2019-2020, n = 498; 2020-2021, n = 479; 2021-2022, n = 473.

68

4.3

�Figure D.6
Charlotte M. Murkland Elementary School
2017-2018

5

2018-2019

4.7

45.1

31.7

42.8

2019-2020

6.3

2020-2021

6.3

35

2021-2022

7.3

30.5

0%

African American

33.8

40

10%

20%

Asian

Hispanic

12.6
14.3

38.3

12.8

39.2

15.6

43
30%

40%

Native American

50%

White

60%

16.1
70%

80%

Native Hawaiian, Pacific Islander

90%

5.6
4.3
2.5
3.6
2.9
100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 501; 2018-2019, n = 509; 2019-2020, n = 475; 2020-2021, n = 474; 2021-2022, n = 453.
Figure D.7
Dr. An Wang Middle School
2017-2018

8.1

2018-2019

7.6

2019-2020

8.3

2020-2021

9

2021-2022

9.8
0%

African American

17.9

39.6

15.8

17.2
17.5
18.2
10%
Asian

20%
Hispanic

31.1

42

29.8

4.8

40.4

28.8

5.3

39.4

28.9

5.2

27.2

5.6

39.2
30%

40%

Native American

3.3

50%
White

60%

70%

80%

Native Hawaiian, Pacific Islander

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 692; 2018-2019, n = 688; 2019-2020, n = 715; 2020-2021, n = 668; 2021-2022, n = 665.
69

90%

�Figure D.8
Dr. Gertrude Bailey Elementary School
2017-2018

4.3

2018-2019

4.3

2019-2020

5.3

42.3

21.7

26.6

4.1

2020-2021

4.9

42.9

22.1

25

5.1

2021-2022

4.4

23.7

24.3

5

34.8

21.1

38

33.8

21.5

31.3

42.5

0%

10%

African American

Asian

20%

30%

Hispanic

40%

Native American

50%
White

5.7

60%

70%

4.7

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 488; 2018-2019, n = 508; 2019-2020, n = 489; 2020-2021, n = 452; 2021-2022, n = 456.
Figure D.9
Dr. Janice Adie Day School
2017-2018

26.9

26.9

2018-2019

17.4

17.4

2019-2020

17

18.9

2020-2021

18

18

2021-2022

15.4
0%

African American

10%
Asian

Hispanic

23.1

32.6

Native American

50%
White

60%

6

36.5
70%

5.8
80%

Native Hawaiian, Pacific Islander

Note. 2017-2018, n = 26; 2018-2019, n = 46; 2019-2020, n = 53; 2020-2021, n = 50; 2021-2022, n = 52.
70

3.8

32
1.9

40%

4.3

32.1

26
25

30%

28.3

28.3

15.4
20%

23.1

90%

100%

Multi-Race, Non-Hispanic

�Figure D.10
Greenhalge Elementary School
2017-2018

10.4

13.3

2018-2019

12.4

2019-2020

11.6

11

2020-2021

10.8

11.1

2021-2022

13.5

12.9
0%

29.1

43.8
48.2
48.3

20%

Asian

Hispanic

26.9

3.2

25.2

4

49.7
30%

40%

Native American

4.4

25.1

12.3

10%

African American

42.6

50%
White

4.7

21.5
60%

70%

80%

Native Hawaiian, Pacific Islander

3.7
90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 502; 2018-2019, n = 502; 2019-2020, n = 473; 2020-2021, n = 443; 2021-2022, n = 465.
Figure D.11
Henry J. Robinson Middle School
2017-2018

11.3

2018-2019

10

2019-2020

8.7

15.1

2020-2021

10.2

12.8

2021-2022

7.2
0%

African American

17.3
16.8

Asian

24.3

4.5

45.8

24

3.4

49.9

23.8

48.9

11.3
10%

42.6

26.1

54.6
20%
Hispanic

30%

40%

Native American

2.5
2

24.6
50%

White

60%

70%

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 666; 2018-2019, n = 638; 2019-2020, n = 643; 2020-2021, n = 658; 2021-2022, n = 635.
71

2.2

�Figure D.12
James S Daley Middle School
2017-2018

3.7

2018-2019

4.2

2019-2020

3.9

2020-2021

5.1

47.3

2021-2022

4.5

49.3

0%

44.7

10%

African American

20%

Asian

Hispanic

19.9

26.9

4.9

45.8

19

26

5

45.8

18.5

27.1

4.7

30%

17.9
16.9
40%

50%

Native American

White

60%

70%

25.2

4.5

23.9

5.4

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 700; 2018-2019, n = 695; 2019-2020, n = 697; 2020-2021, n = 691; 2021-2022, n = 649.
Figure D.13
James Sullivan Middle School
2017-2018

9

14

2018-2019

8.3

15.6

2019-2020

6.5

2020-2021

5.3

2021-2022

6.2
0%

African American

39

42.8

12.9

30

4.7

32.2

43.1

13.8

Asian

4

41.5

13.2

10%

33.9

33.4

44.9
20%
Hispanic

30%

5.3

30.7

40%

Native American

5.3

50%
White

60%

70%

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 643; 2018-2019, n = 494; 2019-2020, n = 676; 2020-2021, n = 641; 2021-2022, n = 644.

72

4.2

�Figure D.14
John J. Shaughnessy Elementary School
2017-2018

5.4

2018-2019

29

6.7

27.6

2019-2020

5.2

30.8

2020-2021

5.1

30.8

2021-2022

6.1

29.5

0%

10%

African American

33.3

20%

Asian

Hispanic

28.6

34.9

27.8

38.3

30%

40%

Native American

50%
White

3.5
2.6

23.1

2.7

39.6

21

3.5

41.2

20.4

2.8

60%

70%

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 462; 2018-2019, n = 493; 2019-2020, n = 481; 2020-2021, n = 452; 2021-2022, n = 461.
Figure D.15
Joseph McAvinnue Elementary School
2017-2018

6

2018-2019

5.5

15.2

50.3

17.7

49.9

2019-2020

7.6

16.9

2020-2021

7.5

16.4

2021-2022

7.4
0%

African American

49.8
45.8

15.3
10%
Asian

25.5

Hispanic

30%

40%

Native American

2.8

21.8

3.8

60%

70%

80%

Native Hawaiian, Pacific Islander

5
90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 487; 2018-2019, n = 469; 2019-2020, n = 472; 2020-2021, n = 428; 2021-2022, n = 444.
73

4.4

22.1

50%
White

24.1

25.9

50.2
20%

3.1

�Figure D.16
Kathryn P. Stoklosa Middle School
2017-2018

6.4

2018-2019

5

2019-2020

4.5

2020-2021
2021-2022

49.6

29.7

48.4

5.9
4.5

30.7

10%

African American

20%

Asian

Hispanic

3.2

12

3.9

47.4

31.7

12.6

3.8

44.8

33.1

12.5

3.7

45.2

0%

11.1

36.4

30%

40%

Native American

50%
White

60%

11.6

70%

80%

Native Hawaiian, Pacific Islander

2.3

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 684; 2018-2019, n = 675; 2019-2020, n = 682; 2020-2021, n = 656; 2021-2022, n = 646.
Figure D.17
Laura Lee Therapeutic Day School
2017-2018

13

2018-2019

60.9

15

2019-2020
2020-2021

4.3

45

9.5

0%
African American

33.3

60.9

5.9

Asian

20%
Hispanic

30%

9.5
26.1

47.1
10%

8.7

40

47.6

4.3

2021-2022

13

8.7

29.4
40%

Native American

50%
White

60%

70%

17.6
80%

Native Hawaiian, Pacific Islander

Note. 2017-2018, n = 23; 2018-2019, n = 20; 2019-2020, n = 21; 2020-2021, n = 23; 2021-2022, n = 17.
74

90%

100%

Multi-Race, Non-Hispanic

�Figure D.18
LeBlanc Therapeutic Day School
2017-2018

5.6

2018-2019

5.6

63.9

8.6

2019-2020

3

2020-2021

2.8 2.8

2021-2022

2.6 2.6

54.3

6.1

0%

11.4

30.3

52.8

9.1

38.9

59

Asian

20%

30%

Hispanic

5.6

25.7

51.5

10%

African American

19.4

2.8

33.3
40%

Native American

50%
White

60%

70%

2.6

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 36; 2018-2019, n = 35; 2019-2020, n = 33; 2020-2021, n = 36; 2021-2022, n = 39.
Figure D.19
Lowell High School
2017-2018

11.4

31.7

25.3

28.9

2.6

2018-2019

12.3

30.6

26.3

27.9

2.9

2019-2020

12

30.6

27.5

26.7

3.2

2020-2021

11.1

29.9

30.6

24.7

3.7

2021-2022

11

29.4

0%
African American

10%
Asian

20%
Hispanic

34.9
30%

40%

Native American

50%
White

60%

20.7
70%

80%

Native Hawaiian, Pacific Islander

3.9
90%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 3154; 2018-2019, n = 3174; 2019-2020, n = 3011; 2020-2021, n = 3048; 2021-2022, n = 3056.

75

100%

�Figure D.20
Moody Elementary School
2017-2018

4.5

18.5

40.3

2018-2019

6.9

17.7

2019-2020

7.6

16.9

2020-2021

6.1

2021-2022

6.2
0%

African American

40.8

Asian

Hispanic

30%

1.8

29

40%

Native American

1.3

32.5

51.5
20%

2.2

29.8

44.7

11.6

3.7

32.5

44.4

14.9

10%

32.9

50%
White

60%

70%

80%

Native Hawaiian, Pacific Islander

1.2
90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 243; 2018-2019, n = 277; 2019-2020, n = 225; 2020-2021, n = 228; 2021-2022, n = 241.
Figure D.21
Pawtucketville Memorial Elementary School
2017-2018

8

2018-2019

9.5

23.2

26.2

36.5

4.6

2019-2020

9.8

22.9

25.8

36.8

4.7

2020-2021

8.2

2021-2022

7
0%

African American

22.3

28.2

25.5

27.4

24
10%
Asian

20%
Hispanic

35.8

30.8
30%

40%

Native American

50%
White

60%

70%

5.7

34.1

4.8

32.8

5.3

80%

Native Hawaiian, Pacific Islander

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 511; 2018-2019, n = 496; 2019-2020, n = 489; 2020-2021, n = 463; 2021-2022, n = 454.
76

90%

�Figure D.22
Peter W. Reilly Elementary
2017-2018

3.9

2018-2019

2.1

9.4

2019-2020

1.5

8.5

2020-2021

3.1

2021-2022

36.9

8.3

2.9

46.7

39.8

44.3

38.1

9.2

36.2

10.3

36.4

0%
10%
African American Asian

20%
Hispanic

4.2
4.3

47.6

4.2

47.2

4

45.2

5.3

30%
40%
50%
60%
70%
80%
90%
100%
Native American White Native Hawaiian, Pacific Islander Multi-Race, Non-Hispanic

Note. 2017-2018, n = 542; 2018-2019, n = 575; 2019-2020, n = 473; 2020-2021, n = 445; 2021-2022, n = 456.
Figure D.23
Pyne Arts School
2017-2018

4.5

2018-2019

5.7

2019-2020

6.7

2020-2021

7.7

2021-2022

5.7
0%

African American

12.9

36.3

12.1

39.2

12.5

38.2

13.6
14.1
10%
Asian

41.8

20%
Hispanic

30%

4.5

39.2

3.7

38.6

4

37.5

37.5

3.6

39.5

36.9

3.5

40%

Native American

50%
White

60%

70%

80%

Native Hawaiian, Pacific Islander

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 490; 2018-2019, n = 487; 2019-2020, n = 505; 2020-2021, n = 469; 2021-2022, n = 453.

77

90%

�Figure D.24
Rogers STEM Academy School
2017-2018

8.8

24.4

39.3

2018-2019

9.3

23.3

39.4

2019-2020

11.2

2020-2021

10.6

2021-2022

9.5
0%

22.5
21.6
19.8
10%

African American

Asian

20%
Hispanic

24.1
23.2

40%

50%

Native American

White

4.7

42.1

20.6

3.6

44.2

20

3.5

21.2

3.7

45.7
30%

3.5

60%

70%

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 685; 2018-2019, n = 738; 2019-2020, n = 843; 2020-2021, n = 848; 2021-2022, n = 865.
Figure D.25
S. Christa McAuliffe Elementary School
2017-2018

6.6

8.1

2018-2019

6.5

8.3

2019-2020

6.1

9

2020-2021

5.8

11.8

2021-2022

5.8
0%

African American

44.3
48

47.5

Asian

49.9
20%
Hispanic

30%

40%

Native American

2.5

34.4

49.7

9.2
10%

38.5

50%
White

60%

70%

32.8

2.4

30.9

3.9

30.9

4

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 483; 2018-2019, n = 506; 2019-2020, n = 491; 2020-2021, n = 482; 2021-2022, n = 479.
78

2.8

�Figure D.26
The Career Academy
2017-2018

9.7

15

2018-2019

10.2

15.3

2019-2020
2020-2021

7.7

0%

African American

Asian

23.7

4.2

22

47.9

21.6
10%

4.4

50.5

21.3

6.2

23.9

46.6

16.5

4.3

2021-2022

46.9

20%

Hispanic

21.3

44.3
30%

40%

Native American

50%

White

3.3
5.3

20.6
60%

70%

80%

Native Hawaiian, Pacific Islander

7.2
90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 113; 2018-2019, n = 118; 2019-2020, n = 91; 2020-2021, n = 94; 2021-2022, n = 97.
Figure D.27
Washington Elementary School
2017-2018

4.8

45.2

22.6

19.4

8.1

2018-2019

4.2

46.3

22.1

19.6

7.9

24.1

19

7.6

22.4

7.1

2019-2020
2020-2021

6.8

42.6

5.4

2021-2022

43.2

7.3
0%

African American

22

42.7
10%

Asian

20%

Hispanic

30%

26.4
40%

Native American

50%

White

60%

17.5
70%

80%

Native Hawaiian, Pacific Islander

90%

100%

Multi-Race, Non-Hispanic

Note. 2017-2018, n = 248; 2018-2019, n = 240; 2019-2020, n = 237; 2020-2021, n = 241; 2021-2022, n = 246.

79

5.3

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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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 [1983-1990]</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>1st Floor Filing Cabinets 001 - 024, 1B Section 1</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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 [1983-1990]</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
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                  <text>Food</text>
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                <elementText elementTextId="31945">
                  <text>Vietnamese</text>
                </elementText>
                <elementText elementTextId="31946">
                  <text>Harvard University</text>
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                <elementText elementTextId="31947">
                  <text>Cowbells</text>
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                <elementText elementTextId="31948">
                  <text>Musicians</text>
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                <elementText elementTextId="31949">
                  <text>Tourism</text>
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                <elementText elementTextId="31950">
                  <text>Laotian</text>
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                <elementText elementTextId="31951">
                  <text>Indonesian</text>
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                <elementText elementTextId="31952">
                  <text>Princes</text>
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                <elementText elementTextId="31953">
                  <text>Buddhist</text>
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                <elementText elementTextId="31954">
                  <text>Cambodian Photographers</text>
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                <elementText elementTextId="31955">
                  <text>Students</text>
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                <elementText elementTextId="31956">
                  <text>Buddhist Chants</text>
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                <elementText elementTextId="31957">
                  <text>Posters</text>
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                <elementText elementTextId="31958">
                  <text>Intimate partner violence</text>
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                <elementText elementTextId="31959">
                  <text>Laotian</text>
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                <elementText elementTextId="31960">
                  <text>Cambodian</text>
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                <elementText elementTextId="31961">
                  <text>Speakers</text>
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                <elementText elementTextId="31962">
                  <text>College Professors</text>
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                <elementText elementTextId="31963">
                  <text>Carpenters</text>
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                <elementText elementTextId="31964">
                  <text>Family</text>
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                <elementText elementTextId="31965">
                  <text>Brothers and Sisters; Siblings.</text>
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                <elementText elementTextId="31966">
                  <text>Memorial Service</text>
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                <elementText elementTextId="31967">
                  <text>Filipino Americans; Filipino American women</text>
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                <elementText elementTextId="31968">
                  <text>Items, Thailand</text>
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                <elementText elementTextId="31969">
                  <text>Entertainers</text>
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                <elementText elementTextId="31970">
                  <text>Food Industry and Trade -- Employees</text>
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                <elementText elementTextId="31971">
                  <text>Businessmen</text>
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                <elementText elementTextId="31972">
                  <text>Children</text>
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                <elementText elementTextId="31973">
                  <text>Thai</text>
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            <element elementId="41">
              <name>Description</name>
              <description>An account of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31979">
                  <text>&lt;p&gt;The Lowell Sun Photography Collection - Southeast Asian Cultures and Persons Collection documents the rich cultural tapestry of Southeast Asian communities in Lowell, including Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines.  These diverse images are drawn from the annual National Folk Festival events, as well as from photographs showcasing Southeast Asian children, students, entertainers, dancers, musicians, doctors, entrepreneurs, and women's rights advocates, highlighting their engagement with the Lowell community.&lt;br /&gt;&lt;br /&gt;This digital collection is only a small sample of the much larger Lowell Sun Photography Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.  The overall collection contains over 20,000 images, most which can only be accessed in person, by appointment, at the Center. These images were originally captured by Lowell Sun photographers to accompany newspaper stories. Photographers frequented local businesses and events to capture what life looked like in Lowell at the time.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Please Note&lt;/strong&gt;: The selection of images in this digital collection was primarily based on the probability of featuring members of the Southeast Asian community, primarily determined by their names.  In cases where a direct link to Southeast Asian culture was less evident, photos were chosen based on naming conventions specific to their respective cultures.  We understand that this method may not always be accurate, and welcome any feedback as to images that may be unrelated.  Images include members of the Cambodian, Thai, Vietnamese, Laotian, and people of the Philippines communities, among others.&lt;br /&gt;&lt;br /&gt;If you are interested in seeing the many other images in this collection that have not been digitized, please contact the Center for Lowell History to make an appointment.&lt;/p&gt;</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="48">
              <name>Source</name>
              <description>A related resource from which the described resource is derived</description>
              <elementTextContainer>
                <elementText elementTextId="31980">
                  <text>Digitized from Lowell Sun Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="39">
              <name>Creator</name>
              <description>An entity primarily responsible for making the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31981">
                  <text>Bridgeford, Bill&#13;
</text>
                </elementText>
                <elementText elementTextId="31982">
                  <text>Brow, David</text>
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                <elementText elementTextId="31983">
                  <text>Cauchon, Bradley&#13;
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                </elementText>
                <elementText elementTextId="31984">
                  <text>Donovan, Dan&#13;
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                </elementText>
                <elementText elementTextId="31985">
                  <text>Gregory, David&#13;
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                </elementText>
                <elementText elementTextId="31986">
                  <text>Hunt, Richard&#13;
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                </elementText>
                <elementText elementTextId="31987">
                  <text>Malakie, Julia &#13;
</text>
                </elementText>
                <elementText elementTextId="31988">
                  <text>Pigeon, Mike&#13;
</text>
                </elementText>
                <elementText elementTextId="31989">
                  <text>Whitaker, Robert&#13;
</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="40">
              <name>Date</name>
              <description>A point or period of time associated with an event in the lifecycle of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31990">
                  <text>1983-1990</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="45">
              <name>Publisher</name>
              <description>An entity responsible for making the resource available</description>
              <elementTextContainer>
                <elementText elementTextId="31991">
                  <text>UMass Lowell, Center for Lowell History</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="47">
              <name>Rights</name>
              <description>Information about rights held in and over the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31992">
                  <text>In Copyright - Educational Use Permitted: This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. In addition, no permission is required from the rights-holder(s) for educational uses. For other uses, you need to obtain permission from the rights-holder(s).</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="46">
              <name>Relation</name>
              <description>A related resource</description>
              <elementTextContainer>
                <elementText elementTextId="31993">
                  <text>1st Floor Filing Cabinets 001 - 024, 1B Section 1</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="42">
              <name>Format</name>
              <description>The file format, physical medium, or dimensions of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31994">
                  <text>JPEG</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31995">
                  <text>English</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="51">
              <name>Type</name>
              <description>The nature or genre of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="31996">
                  <text>Image</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="38">
              <name>Coverage</name>
              <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
              <elementTextContainer>
                <elementText elementTextId="31997">
                  <text>Lowell (Mass.)</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="43">
              <name>Identifier</name>
              <description>An unambiguous reference to the resource within a given context</description>
              <elementTextContainer>
                <elementText elementTextId="31998">
                  <text>LowellSun_</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </collection>
    <itemType itemTypeId="6">
      <name>Image</name>
      <description>A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials.</description>
    </itemType>
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
        <elementContainer>
          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="33920">
                <text>Front(Left-To-Right): Jim Silveria, Tim Savard[?], David Lamarre. Rear: Kevin O'Brien, Thuy Huynh, Mike Pepin, Allan Urgent.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="48">
            <name>Source</name>
            <description>A related resource from which the described resource is derived</description>
            <elementTextContainer>
              <elementText elementTextId="33921">
                <text>Digitized from Lowell Sun Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="45">
            <name>Publisher</name>
            <description>An entity responsible for making the resource available</description>
            <elementTextContainer>
              <elementText elementTextId="33922">
                <text>UMass Lowell, Center for Lowell History</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="40">
            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="33923">
                <text>1987-12-14</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="47">
            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="33924">
                <text>In Copyright - Educational Use Permitted: This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. In addition, no permission is required from the rights-holder(s) for educational uses. For other uses, you need to obtain permission from the rights-holder(s).</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="46">
            <name>Relation</name>
            <description>A related resource</description>
            <elementTextContainer>
              <elementText elementTextId="33925">
                <text>Item located in Drawer 19, Folder: Schools--High School Sports - Soccer - Boys - '87-88 - B.</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="42">
            <name>Format</name>
            <description>The file format, physical medium, or dimensions of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="33926">
                <text>JPEG</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="51">
            <name>Type</name>
            <description>The nature or genre of the resource</description>
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              <elementText elementTextId="33927">
                <text>Image</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="43">
            <name>Identifier</name>
            <description>An unambiguous reference to the resource within a given context</description>
            <elementTextContainer>
              <elementText elementTextId="33928">
                <text>LowellSun_HighSchoolSportsTrackBoys'87-'88B_001_</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="38">
            <name>Coverage</name>
            <description>The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant</description>
            <elementTextContainer>
              <elementText elementTextId="33929">
                <text>Lowell (Mass.)</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="34376">
                <text>Lowell Track Veterans</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </item>
</itemContainer>
