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                    <text>Lowell Folklife Collection – Southeast Asian Subject Guide
The Lowell Folklife Project was conducted in 1987-1988 as a cooperative project of the American Folklife Center and the
Lowell Historic Preservation Commission, with support from the Massachusetts Council on the Arts and Humanities, to
document contemporary ethnic neighborhoods, occupations, and community life related to the history of industrialization in
Lowell, Massachusetts.
One of the documented communities was the Southeast Asian community. This subject guide will link to the individual
relevant items.
Link to full collection: https://www.loc.gov/collections/lowell-folklife-project/about-this-collection/

Paylin Market (June-September 1987)
Title/Link

Date

Additional Metadata

Type

Walking tour of Lowell with Doug DeNatale, Paul Marion,
and Rosemary Noon, Lowell, Massachusetts
Street scenes, Lowell, Massachusetts
Street scenes, Lowell, Massachusetts; Paylin Market,
Lowell, Massachusetts
Paylin Market, Lowell, Massachusetts
Paylin Market, 6 Branch Street, Lowell, Massachusetts
Paylin Market, 6 Branch St., Lowell, Massachusetts;
Street scenes, Merrimack St., Lowell, Massachusetts;
Lee Jewelry, 474 Merrimack St., Lowell, Massachusetts

1987-06-19

Paylin Market

Images

# of
Items
14

1987-09-11
1987-09-11

Paylin Market, Market Mills

Images
Images

8
26

Images
Images
Images

7
8
14

1987-09-11
1987-09-11
1987-09-11

�Trairatanaram Temple ceremony (August 30, 1987)
Title/Link

Date

Additional Metadata

Type

Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 1
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 2
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 3
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 4
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 5
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 6
Trairatanaram Temple ceremony, Lowell,
Massachusetts, part 7
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts

1987-08-30

1987-08-30

Sao Khun, Doug DeNatale

Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Images

1987-08-30

Larry Flynn

Images

38

1987-08-30

Sao Khun, John Massey

Images

38

1987-08-30

Images

27

1987-08-30

Images

30

Images

38

1987-08-30
1987-08-30
1987-08-30
1987-08-30
1987-08-30
1987-08-30

1987-08-30

Sao Khun

# of
Items
1
1
1
1
1
1
1
36

�Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts

1987-08-30

George Chigas

Images

38

1987-08-30

Doug DeNatale

Images

38

1987-08-30

Images

9

1987-08-30

Images

1

1987-08-30

Images

9

1987-08-30

Images

1

1987-08-30

Images

9

1987-08-30

Images

1

Images

9

1987-08-30

Images

1

1987-08-30

Images

9

1987-08-30

Images

1

1987-08-30

Images

4

1987-08-30

Images

5

1987-08-30

Images

20

1987-08-30

Larry Flynn

�Money Tree Celebration, Trairatanaram Temple, Lowell,
Massachusetts
Celebration at Trairatanaram Temple in North
Chelmsford, Massachusetts

1987-08-30

Images

14

1987-08-30

Images

19

Asian Motors (September 1987-February 1988)
Title/Link

Date

Additional Metadata

Type

# of
Items
2
30
3
13

Street scenes, Lowell, Massachusetts
Asian Motors, 36 Payne St., Lowell, Massachusetts
Asian Motors, Lowell, Massachusetts
Asian Motors, 36 Payne St., Lowell, Massachusetts;
Scenes from Highland neighborhood, Lowell,
Massachusetts

1987-09-20
1988-02-10
1988-02-10
1988-02-10

Asian Automotive Center

Images
Images
Images
Images

Title/Link

Date

Additional Metadata

Type

Battambang Market, Merrimack St., Lowell,
Massachusetts
Battambang Market, Merrimack St., Lowell,
Massachusetts
Battambang Market, Merrimack St., Lowell,
Massachusetts
Battambang Market, Merrimack St., Lowell,
Massachusetts
Battambang Market, Merrimack St., Lowell,
Massachusetts

1987-09-12

Images

# of
Items
1

1987-09-12

Images

1

1987-09-12

Images

1

1987-09-12

Images

1

1987-09-12

Images

1

Battambang Market (September 12-14, 1987)

�Street scenes, Lowell, Massachusetts

1987-09-14

Market Mills, Lee Jewelry, and Battambang Market on
Merrimack St., Lowell, Massachusetts
Market Mills, Lee Jewelry, and Battambang Market on
Merrimack St., Lowell, Massachusetts
Battambang Market, Lowell Massachusetts

Battambang Market, Lee
Jewelry, Cosmo
Apartments

Images

9

1987-09-14

Images

30

1987-09-14

Images

8

1987-09-14

Images

2

Southeast Asian Medical Clinic (September 14-16, 1987)
Title/Link

Date

In Dr. Hung Do’s office
Dr. Hung Do and Dr. Giao Tran, Southeast Asian
Medical Clinic, Lowell, Massachusetts

1987-09-14
1987-09-16

Additional Metadata

Type
Images
Images

# of
Items
8
6

Cambodian musicians at home of Sorn Veuk (September 20, 1987)
Title/Link

Date

Additional Metadata

Type

Cambodian musicians at home of Sorn Veuk, Lowell
Massachusetts
Cambodian musicians at home of Sorn Veuk, Lowell,
Massachusetts
Cambodian music performed at the home of Sorn Veuk,
Lowell, Massachusetts
Cambodian musicians at the home of Sorn Veuk,
Lowell, Massachusetts

1987-09-20

Chorb Chan, Sokhm Bun,
Nhak Chann
George Chigas

Images

# of
Items
25

Images

11

Nnak Chann, Sokhm Bun,
Images
Chorb Chan, Doug DeNatale
Nhak Chan, Sokhm Bun,
Images
Chorb Chan, Chanthy Chigas

24

1987-09-20
1987-09-20
1987-09-20

36

�Cambodian musicians at the home of Sorn Veuk,
Lowell, Massachusetts
Cambodian musicians at the home of Sorn Veuk,
Lowell, Massachusetts
Home of Sorn Veuk, Lowell Massachusetts; South East
Asian Restaurant, Lowell, Massachusetts

1987-09-20
1987-09-19
1987-09-20

Chorb Chan, Nhak Chann,
Doug DeNatale
Sokhm Bun, Chorb Chan,
Nhak Chann
Sopheap Muth and Pen Hing,
Chay Kim, Sarin Kim, Pen
Vann

Images

20

Images

16

Images

25

Wedding of Sopheap Kuth and Pen Hing (September 26-27, 1987)
Title/Link

Date

Additional Metadata

Type

Wedding of Sopheap Muth and Pen Hing, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts

1987-09-26

Sarabuth Kao, Pen Vann

Images

# of
Items
20

1987-09-26

Sarann Kong, Sirik Seng,
Saravuth Kao, Sarin Kim

Images

37

1987-09-26

John Massey, Sao Khon,
Larry Flynn, Jack LeudersBooth, Angkor Garage
David Taylor, Sarann Kong

Images

32

Images

36

Doug DeNatale, Pen Vann,
Jack Lueders-Booth, Sarin
Kim, Larry Flynn
Jack Lueders-Booth

Images

36

Images

35

1987-09-26
1987-09-26
1987-09-26

�Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts; Wedding reception held at Lin Gardens
Restaurant, Dracut, Massachusetts
Wedding of Sopheap Kuth and Pen Hing, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell
Massachusetts

1987-09-26

Sarin Kim, Sarann Kong, Sirik
Seng

Images

36

Images

22

Images

20

1987-09-26

Images

16

1987-09-26

Images

20

1987-09-26

Images

38

1987-09-26

Images

36

Images

37

1987-09-26

Images

36

1987-09-26

Images

37

1987-09-26

Images

18

1987-09-26

1987-09-26

1987-09-26

Doug DeNatale

Pen Vann

�Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Masaschusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Pen Hing’s mother, Mrs. Chounn Chen, Lowell,
Masaschusetts
Wedding of Pen Hing and Sopheap Kuth, as residence of
Chhoun Chen, Lowell, Massachusetts

1987-09-26

Images

37

1987-09-26

Images

32

1987-09-26

Images

38

1987-09-26

Images

36

1987-09-26

Images

38

1987-09-26

Images

38

Images

20

Wedding of Pen Hing and Sopheap Kuth, at residence of
Chhoun Chen, Lowell, Massachusetts
Wedding of Pen Hing and Sopheap Kuth, at residence of
Chhoun Chen, Lowell, Massachusetts
Wedding of Pen Hing and Sopheap Kuth, at residence of
Chhoun Chen, Lowell, Massachusetts
Wedding of Pen Hing and Sopheap Kuth, at residence of
Chhoun Chen, Lowell, Massachusetts
Wedding of Pen Hing and Sopheap Kuth, at residence of
Chhoun Chen, Lowell, Massachusetts

1987-09-26

Images

20

Images

20

Images

19

Images

3

Images

20

1987-09-26

Vath Ouk, Vann Pen, Sokha
Kuth, Sao Khun, John
Massey, Noy Pen
Vann Pen, Phalik Ting, Vath
Ouk, Noy Pen, Sokha Kuth

1987-09-26
1987-09-26

Vann Pen, Phalik Ting

1987-09-26
1987-09-26

John Massey, Chanthy
Chigas

�Wedding reception for Sopheap Muth and Pen Hing, Lin
Gardens Restaurant, Lowell, Massachusetts
Wedding reception for Sopheap Muth and Pen Hing, Lin
Gardens Restaurant, Lowell, Massachusetts
Wedding reception for Sopheap Muth and Pen Hing, Lin
Gardens Restaurant, Lowell, Massachusetts
Wedding reception for Sopheap Muth and Pen Hing at
Lin Garden Restaurant, Lowell, Massachusetts
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 1
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 2
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 3
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 4
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 5
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 6
Wedding of Sopheap Kuth and Pen Hing at the home of
Chhoun Chen, Lowell, Massachusetts, Part 7

1987-09-27
1987-09-27

David Taylor

1987-09-27
1987-09-27

Sirik Seng, Saravuth Kao,
David Taylor

1987-09-26
1987-09-26
1987-09-26
1987-09-26
1987-09-26
1987-09-26
1987-09-26

Images

27

Images

36

Images

36

Images

20

Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording

1

Type

# of
Items
39

1
1
1
1
1
1

Veneration of the Ancestors Feast (September 27, 1987)
Title/Link

Date

Veneration of the Ancestors Feast, Trairatanaram
Temple, Chelmsford, Massachusetts

1987-09-27

Additional Metadata

Images

�Veneration of the Ancestors Feat, Trairatanaram
Temple, Chelmsford, Massachusetts
Veneration of the Ancestors Feast, Trairatanaram
Temple, Chelsmford, Massachusetts
Buddhist temple, Chemlsford, Massachusetts
Ceremony for the Veneration of the Ancestors,
Trairatanaram Temple, Lowell, Massachusetts

1987-09-27

Dhammak Vddho/John
Massey
Dhammak Vddho

Images

30

Images

27

1987-09-27
1987-09-27

Dhammak Vddho

Images
Images

38
5

Title/Link

Date

Additional Metadata

Type

Ethnic Covenant Dinner, Lowell, Massachusetts
Ethnic Covenant Dinner, Lowell, Massachusetts

1987-10-24
1987-10-24

Images
Images

Ethnic covenant dinner, Notre Dame de Lourdes
Church, Lowell, Massachusetts

1987-10-24

Sameth Chea
Peter Van Nguyen, Sameth
Chea
Sameth Chea

# of
Items
30
37

Images

14

1987-09-27

Ethnic Covenant Dinner (October 24, 1987)

Southeast Asian Restaurant and Market (December 2-14, 1987)
Title/Link

Date

Additional Metadata

Unidentified, Lowell, Massachusetts

1987

Street scenes, Lowell, Massachusetts

1987-09-14

Southeast Asian grocery store, Lowell, Massachusetts
Southeast Asian Restaurant and Market, Lowell,
Massachusetts

1987-12-02
1987-12-02

Southeast Asian
Restaurant
Southeast Asian
Restaurant, Southeast
Asian Import Store
Joe Antonaccio

Type

# of
Items
3
6

Audio
recording

20
1

�Southeast Asian Restaurant and Market, Lowell,
Massachusetts

1987-12-03

Joe Antonaccio

27

Southeast Asian Restaurant and Market, Lowell,
Massachusetts
Southeast Asian Restaurant and Market, Lowell,
Massachusetts
Southeast Asian Restaurant, Lowell, Massachusetts
Southeast Asian grocery store, Lowell, Massachusetts
Southeast Asian grocery store, Lowell, Massachusetts
Southeast Asian Restaurant and Market, Lowell,
Massachusetts; Street scenes, Lowell, Massachusetts
Southeast Asian Restaurant, Lowell, Massachusetts
Southeast Asian Restaurant, Lowell, Massachusetts

1987-12-03

Joe Antonaccio

24

1987-12-03

Joe Antonaccio

36

1987-12-03
1987-12-03
1987-12-03
1987-12-03

Joe Antonaccio

11
19
10
35

Joe Antonaccio

1987-12-03
1987-12-04

3
11

Trairatanaram Temple (December 3 and 12, 1987)
Title/Link

Date

Additional Metadata

Type

Trairatanaram Temple, North Chelmsford,
Massachusetts
Trairatanaram Temple, North Chelmsford,
Massachusetts
Trairatanaram Temple, North Chelmsford,
Massachusetts
Trairatanaram Temple, North Chelmsford,
Massachusetts
Trairatanaram Temple, North Chelmsford,
Massachusetts

1987-12-03

John Massey

Images

# of
Items
39

1987-12-03

John Massey, Michael Bell

Images

27

1987-12-03

John Massey

Images

2

Images

16

Images

34

1987-12-03
1987-12-12

Dhammak Vddho/John
Massey

�Trairatanaram Temple, North Chelmsford,
Massachusetts
Trairatanaram Temple, North Chelmsford,
Masaschusetts
Maha Visantara Jataka Desana ceremony,
Trairatanaram Temple, Chelmsford, Massachusetts
Chelmsford Buddhist Temple during Maha Visantara
Jakata Desana, Chelmsford, Massachusetts
Chelmsford Buddhist Temple during Maha Visantara
Jakata Desana, Chelmsford, Massachusetts
Maha Visantara Jataka Desana, Lowell, Massachusetts,
part 1
Maha Visantara Jataka Desana, Lowell, Massachusetts,
part 2

1987-12-12

John Massey

Images

38

1987-12-12

John Massey

Images

32

1987-12-12

John Massey, Michael Bell

Images

38

1987-12-12

John Massey, Michael Bell,
Sao Khon

Images

20

1987-12-12

Images

4

1987-12-12

Audio
recording
Audio
recording

1

1987-12-12

1

Phnom Penh Market (December 3, 1987)
Title/Link

Date

Phnom Penh Market, Market St., Lowell, Massachusetts
Phnom Penh Market, Market St., Lowell, Massachusetts
Phnom Penh Market, Market St., Lowell, Massachusetts
Phnom Penh Market, Lowell, Massachusetts

1987-12-03
1987-12-03
1987-12-03
1987-12-03

Additional Metadata

Type
Images
Images
Images
Images

# of
Items
9
1
6
6

Cambodian Mutual Assistance Association (CMAA) (December 17, 1987)
Title/Link

Date

Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts

1987-12-17

Additional Metadata

Type
Images

# of
Items
38

�Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts
Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts
Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts
Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts
Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts
Cambodian Mutual Assistance Association, 125 Perry
Street, Lowell, Massachusetts

1987-12-17

Images

38

1987-12-17

Images

38

Images

32

1987-12-17

Images

7

1987-12-17

Images

20

1987-12-17

Images

17

1987-12-17

Theresa Theobald

Laotian and Cambodian New Year’s Celebrations (April 16, 1988)
Title/Link

Date

Additional Metadata

Type

Laotian New Year’s Celebration at the Lowell Girl’s Club,
Lowell, Massachusetts
Laotian New Year’s Celebration, Lowell Girl’s Club,
Lowell, Massachusetts
Laotian New Year’s celebration, Lowell Girl’s Club,
Lowell, Massachusetts
Laotian New Year’s celebration, Lowell Girl’s Club,
Lowell, Massachusetts
Laotian New Year’s celebration, Lowell Girls Club,
Lowell, Massachusetts
Laotian New Year’s celebration, Lowell Girls Club,
Lowell, Massachusetts

1988-04-16

Images

# of
Items
38

1988-04-16

Images

38

1988-04-16

Images

35

1988-04-16

Images

36

1988-04-16

Images

20

1988-04-16

Images

20

�Laotian New Year’s celebration, Lowell Girls Club,
Lowell, Massachusetts
Laotian New Year’s celebration, City Hall and the Lowell
Girls Club, Lowell, Massachusetts
Laotian New Years celebration, Lowell Girls Club, Lowell,
Massachusetts; Cambodian New Years celebration,
Trairatanaram Temple, Lowell, Massachusetts
Laotian New Year’s celebration, Lowell Girls Club,
Lowell, Massachusetts; Cambodian New Year's
celebration, Cumnock Hall, University of Lowell, Lowell,
Massachusetts
Laotian New Year’s celebration, Lowell Girls Club,
Lowell, Massachusetts; Cambodian New Year’s
celebration, Trairatanaram Temple, Lowell,
Massachusetts
Cambodian New Year’s celebration, University of Lowell,
Lowell, Massachusetts
Cambodian New Year’s celebration, University of Lowell,
Lowell, Massachusetts
Cambodian New Year’s celebration, Cumnock Hall,
University of Lowell, Lowell, Massachusetts
Cambodian New Year’s celebration, Trairatanaram
Temple, Lowell, Massachusetts; Cambodian New Year’s
celebration, Cumnock Hall, University of Lowell, Lowell,
Massachusetts
Cambodian New Year’s celebration, Trairatanaram
Temple, Lowell, Massachusetts; Laotian New Year’s
celebration, Lowell Girls Club, Lowell, Massachusetts
Cambodian New Year’s celebration, Trairatanaram
Temple, Lowell, Massachusetts

1988-04-16

Amy Weatherbee

Images

17

1988-04-16

Images

32

1988-04-16

Images

8

1988-04-16

Images

20

1988-04-16

Images

36

1988-04-16

Images

36

1988-04-16

Images

36

1988-04-16

Images

10

1988-04-16

Images

20

1988-04-16

Images

8

1988-04-16

Images

15

�Other Images
Title/Link

Date

Hair salon, Lowell, Massachusetts
Hearings before Governor’s Advisory Board on Refugees
Resettlement, Smith-Baker Center, Lowell,
Massachusetts

1987
1987-06-19

Maps and Street Scenes, Lowell, Massachusetts
Cambodian wedding reception next to the Southeast
Asian Restaurant near City Hall, Lowell, Massachusetts
Laotian American Organization, International Institute,
Lowell, Massachusetts

Additional Metadata

Images
Images

# of
Items
34
29

1987-06-19
1987-08-22

Images
Images

2
7

1987-09-10

Images

21

Sherry Crump, Robert
Sherman, Hai Pho, Jim
Aldrich, Bill Waxman,
Kathlee Llque, Sharon
Woodward, Anthony
Nguyen, Paul Majukai,
Thomas Henlgan, Sylvia
Sangiulo, Francisco
Santiago, Lydia Mattei,
Theresa Theobold, Ethnic
Covenant, Office for
Children at Lowell City Hall,
St. Anthony’s Church,
International Institute of
Lowell, Northeast
Consortium of Colleges and
Universities, Laotian
American Organization,
Cambodian Mutual
Assistance Association

Type

�Lee Jewelry Store, Lowell, Massachusetts
Laotian American Organization, International Institute,
Lowell, Massachusetts
Street scenes, Lowell, Massachusetts
Photos made while driving around Lowell, Massachusetts
Street scenes, Lowell Massachusetts
Street scenes, Lowell, Massachusetts

1987-09-14
1987-09-15

Images
Images

6
25

1987-09-18
1987-10-25
1987-10-29
1987-10-29

Images
Images
Images
Images

2
7
2
1

Larry Flynn, Lowell, Massachusetts; Narong Hul, Lowell,
Massachusetts, Fieldworkers, Lowell, Massachusetts

1987-11-02

Images

12

Mekong Market
Kong Pong Cham Asian
Market

Oral Histories and Other Audio Recordings
Title/Link

Date

Interview with Thong Pham, Lowell, Massachusetts;
Interview with Gia Pho, Chelmsford, Massachusetts
Interview with Douangmany Malavong, Lowell,
Massachusetts
Interview with Xuandung Pham, Merrimack, New
Hampshire
Interview with Khanhnguyen Ong, Lowell, Massachusetts,
part 1
Interview with Khanhnguyen Ong, Lowell, Massachusetts,
part 2
Interview with wedding guests before the wedding of Ly
Khoxayo’s daughter Phonh Khoxayo, Bedford,
Massachusetts; Interview with Phosy Sengsiri, Lowell,
Massachusetts

1987-04-26
1987-05-10
1987-05-22
1987-06-10
1987-06-10
1987-06-13

Additional Metadata

Type
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording

# of
Items
1
1
1
1
1
1

�Interview with Venerable Sao Khon, Trairatanaram Temple, 1987-06-19
North Chelmsford, Massachusetts
Interview with Bouapha Bouala, Lowell, Massachusetts
1987-07-15

Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording

1

1987-09-09

Audio
recording

1

1987-09-10

Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording

1

Interview with Khamsone Silavong, Lowell, Massachusetts

1987-07-23

Interview with George Chigas, Lowell, Massachusetts, part
1
Interview with George Chigas, Lowell, Massachusetts, part
2
Interview with Steve Schmidt, director of the Laotian
American Organization of Greater Lowell, Massachusetts,
part 1
Interview with Steve Schmidt, director of the Laotian
American Organization of Greater Lowell, Massachusetts,
part 2
Recording of English as a second language class for
Laotian American Organization, Lowell, Massachusetts
Interview with Mary Vu, Methuen, Massachusetts

1987-09-03

Interview with Larry Flynn, Lowell, Massachusetts, part 1

1987-11-02

Interview with Larry Flynn, Lowell, Massachusetts, part 2

1987-11-02

Interview with Larry Flynn, Lowell, Massachusetts, part 3

1987-11-02

1987-09-03
1987-09-09

1987-10-28

Interview with Narin Sao, Lowell Division of Employment
1987-11-04
Security of Massachusetts, Lowell, Massachusetts
Interview with Phomma Sayasane, Massachusetts Division 1987-11-04
of Employment Security, Lowell, Massachusetts, part 1

1
1
1
1
1

1
1
1
1
1
1

�Interview with Phomma Sayasane, Massachusetts Division 1987-11-04
of Employment Security, Lowell, Massachusetts, part 2
Interview with Narong Hul, Lowell, Massachusetts, part 1
1987-11-09
Interview with Narong Hul, Lowell, Massachusetts, part 2

1987-11-09

Interview with Joe Antonaccio, Lowell, Massachusetts,
part 1
Interview with Joe Antonaccio, Lowell, Massachusetts,
part 2
Interview with John Massey, Lowell, Massachusetts, part 1

1987-11-16

Interview with John Massey, Lowell, Massachusetts, part 2

1987-12-01

Interview with Theresa Theobald, Lowell, Massachusetts,
part 1
Interview with Theresa Theobald, Lowell, Massachusetts,
part 2
Interview with Theresa Theobald, Lowell, Massachusetts,
part 3
Interview with Sergent Kuch, Lowell, Massachusetts

1987-12-17

Interview with John Massey, Lowell, Massachusetts

1987-12-22

Interview with Steve Schmidt, Lowell, Massachusetts, part
1
Interview with Steve Schmidt, Lowell, Massachusetts, part
2
Interview with Ahn Vu (Hoang), Lowell, Massachusetts,
part 1

1987-12-22

1987-11-16
1987-12-01

1987-12-17
1987-12-17
1987-12-21

1987-12-22
1988-01-07

Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording
Audio
recording

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

�Interview with Ahn Vu (Hoang), Lowell, Massachusetts,
part 2

1988-01-07

Audio
recording

1

�</text>
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                  <text>&lt;a href="https://www.loc.gov/collections/lowell-folklife-project/about-this-collection/?loclr=blogflt"&gt;Click here to view all the items in the Lowell Folklife Collection.&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Please note that this collection was not digitized by the Southeast Asian Digital Archive. By clicking the link above, you will be brought to the Library of Congress' website. Read below or on the project's website for more information on the digitization of these records.&lt;br /&gt;&lt;br /&gt;The Lowell Folklife Project was conducted in 1987-1988 as a cooperative project of the American Folklife Center and the Lowell Historic Preservation Commission, with support from the Massachusetts Council on the Arts and Humanities, to document contemporary ethnic neighborhoods, occupations, and community life related to the history of industrialization in Lowell, Massachusetts.</text>
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            <element elementId="47">
              <name>Rights</name>
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              <elementTextContainer>
                <elementText elementTextId="34664">
                  <text>No copyright - Items in this collection are in the public domain.</text>
                </elementText>
              </elementTextContainer>
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              <name>Coverage</name>
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            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
              <elementTextContainer>
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                  <text>Central Khmer</text>
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            <element elementId="49">
              <name>Subject</name>
              <description>The topic of the resource</description>
              <elementTextContainer>
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                </elementText>
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              </elementTextContainer>
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            <description>A name given to the resource</description>
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          <element elementId="40">
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            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
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            <description>An account of the resource</description>
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                <text>The Lowell Folklife Project was conducted in 1987-1988 as a cooperative project of the American Folklife Center and the Lowell Historic Preservation Commission, with support from the Massachusetts Council on the Arts and Humanities, to document contemporary ethnic neighborhoods, occupations, and community life related to the history of industrialization in Lowell, Massachusetts.&#13;
One of the documented communities was the Southeast Asian community. This subject guide will link to the individual relevant items.</text>
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            <description>The topic of the resource</description>
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                <text>Southeast Asian Americans</text>
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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>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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              <description>An entity primarily responsible for making the resource</description>
              <elementTextContainer>
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                  <text>Forrant, Bob</text>
                </elementText>
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                </elementText>
                <elementText elementTextId="34461">
                  <text>Khuon, Chrisna</text>
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                  <text>Born digital collection preserved at the Center for Lowell History. Donated by Bob Forrant in May 2025.</text>
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              <description>Information about rights held in and over the resource</description>
              <elementTextContainer>
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                </elementText>
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            <element elementId="44">
              <name>Language</name>
              <description>A language of the resource</description>
              <elementTextContainer>
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                  <text>English</text>
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                <elementText elementTextId="34531">
                  <text>Spanish</text>
                </elementText>
              </elementTextContainer>
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            <element elementId="49">
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              <description>The topic of the resource</description>
              <elementTextContainer>
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                </elementText>
                <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>
                </elementText>
                <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>
                </elementText>
                <elementText elementTextId="34650">
                  <text>Lawyers</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="42">
              <name>Format</name>
              <description>The file format, physical medium, or dimensions of the resource</description>
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                  <text>PDF</text>
                </elementText>
                <elementText elementTextId="34530">
                  <text>m4a</text>
                </elementText>
              </elementTextContainer>
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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

Voluntary

WHEREAS, the
accepted

which

minority

have,

Rule

approval;

class

linguistic

Schools

under

court's

WHEREAS, the

action

the

claims

requires

that

of this

will,

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

-

•

-

•

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-~~-.:--~·

~---..,.,-~

\. -,~ 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; •
'·!
.:
•

I ,

,f

�....

~

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. .

�-------------------------=

.....-:--,-=

-

lETTERS

WEDNESDAY,
JANUARY
6, 1~88 ,

THESUN

--

--

.

..

ft

...

.

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

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0

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19

a, fieari'ng

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r

w.e.re any

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members

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20

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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

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of

the

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of

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with

us.

agreeable,

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Honor.

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extent

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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

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put

be

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of

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be moving

Rule

27,

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be

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THE COURT:

20

'MR. SWEENEY:

21

there

a.re

Who pays

for

costs?

The defendants·!

fact,

sofl}e.

~

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L

THE CQURT,

22

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on that

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MR. SWEENEY:

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1

under

that

are
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trme
will

going
27,

comes.
be

to

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1

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your

Honor.

2

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then.

5

(.Whereupon

court

was

adjourned.)

6
7

• CERTIFICATE
8

r,

BarBara

Sakurai,

Official

Court

Reporter,

9

.On;i.'ted

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D_f$·tri'Ct

Court,

do

hereby

and

accurate

certify

that

10

the

for.ego:j.~ng

t,s a, true

transcript

of

the

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proceed:j.'ngs·
12

taken

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

down

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�-'
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.

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PARTIES HAVING REACHED AGREEMENT COURT ENTERED
JUDGMENTS:
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CONSENT AGREEMENT DATED 11-3-88
LAU COMPLIANCE PLAN ENTERED.

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(c/s

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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

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support

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Garland

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1989).

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decision

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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
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some of the benefit
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-2-

in a

standard

57

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sought
in bringing
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plaintiff
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at page 4386.
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exceed

page

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psychologists

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48 of her

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of bilingual

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49 that

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Ms. Janice

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Education,

psychologists

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Department

in Lowell.

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46-49.

mandates

Massachusetts

DOE to use bilingual
testing.

Plan

pages

35,

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work with

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to

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liaisons

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under

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parents

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Hispanic),

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Lau Plan,

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education

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participate

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on page

57 that

persons

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Public

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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

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pages

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Adie

deposition.
Ms. Adie
education
Lowell
teachers

admits

teachers
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...

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speech

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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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10-27-89

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LQhlflL HISPANIC
I/.

G. KOULOHERAS
et

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10/27
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HEARINGHELD ON.ATTYS' FEES; ORDERISSUED;
FEES: $80,000-00
&amp; COSTS AWARDED
IN AMOUNTOF
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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

I

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

I

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"'D"

Yrs.
En,ro11

�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATION
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TITLE VII PROJECTLOHELL

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TRANSITIONAL
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SCHOOL

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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

..

r

BY

FEES TE.'4DERED

[]YES

46.00

AMOUNTS

ONO

TITLE

WILLIAMG.JOYCE
..____

CONSTABLE,CITYOF BOSTON

-

...

STATEM:;NT OF ScriVICE FEES
TRr

"'EL.

SERv::

,-,,

·-

TOT .a.L.

$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
.~,...~.,
• -, ••, __
• 1 •= ft Clrt
Oil=: BOG'.!ON
.._o ... -~•
1

~

Addres$ of Server
~

ADDITIONAL.

INFORMATION

!!}

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

..

ot its

service see Ru1e 17{d).

Cv J~.,. "' , .... ' "h. ._
• 'NasninF...1
I ~') - l' .! ' '"' "' ,o
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
'
'
'
I
I
'
I
'
I
I
I
I
I
I

I

.

.

I

'

.
.'

I

'

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�LOWELLPUBLIC SCHOOLS
TRANSITIONALBILINGUALEDUCATION
PROGRAM
TITLE VII PROJECTLOWELL

Page.l

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�LOWELL
PUBLICSCHOOLS
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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."_ .• ··: , .... _.; .
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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 ..
• •
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•. 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 ...
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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-· . , .
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·_a:sHari.ybody·t~t~m
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'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.'
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- Yvette Vidal, 13

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�THE BOSTON GLOBE

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SATURDAY

MAY 16. 1987

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

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"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.".
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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

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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.
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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~-

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THURSDAY, MAY 28. 1987.

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GEORGE KOULOHERAS
Voted for plan
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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.
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1-Alwell,.OI('s
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sch~l\plan,'•
hut·~
suit•is - •·.
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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.
, • -·
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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
, •
: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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• .In a letter received. yesterday
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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The .state _Ed~1cat1onDepar~ment had turned the matter over
'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
1
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
•
-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.
•
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
-='
~ . s1al) e emen ary- eve s u en s
segregation In their school system.
•
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
•
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. • . .
.· .
: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 $2.5 m1IllonIn bilingual education . last night tor the plan were:. Ken,-:
attend. • .
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funding .. •
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• :::~ nedy, Alleq, Regina Fatlcant! aric;t:
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The plan Is sch.eduled to be Implemented by the
• The .commltte~ has also been. George OJ!are. Those. who vot,ed·
beginning of the next school'year.
,
accused of harboring racist att!:.: ~galnst were: ,Kathryn Stoklasa,'
According to Education Department officials tudes by some local minority· Kouloheras _and Gerald Durkjn.-:
Charles Glenn and Michael Alves, who worked close- grou~s- . • .
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.ly _with Mroz In }he development of the plan, the "Do the right thing"
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adoption of the .controlled choice" method of stu- : , "The committee voted again to·.
dent assignment Is the most significant portion of .Integrate and to do the right thtng'
the plan pecause It wo:1Id allow-children from any for the kids In this city. and that's ,
.n~lghboi:!}oodto ch~ose their school_~s long a$ 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
•
•. ·~eemed to be that many of
.•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
•
,.pf refugees _and develop plans to
; .
·~ • .J· ·.
.
. ;• •·
. :' . Globe staff photo/Wendy Maeda
La Phia Pheth sits beneath a sign that says ''Lao".during the hear, .address their concerns .
resettlement inJ.owell yesterday.·.
.
;;,:,-,
.. Earlier In the day, 32-year-old ing on...refugee
-.
. -···
...
• •
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.
•
•.
,,forced to leave when a city inspecproblem
will
end
there.
..
. "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 .. • . .. . . . .
i.
• 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. ··-·. ·•~ .
,
_;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
J
•
out _toget us and out for revenge,".
:,.will begin In federal court In Bos- aws.
,·'
he said. "We will get our revenge
ton next week.
. By a 4-3 vote, the committee on
• . •
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"Th
f
J
d
d
,
bn
them
in.
court."
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'l , •
e main reason we arc iling
une
approve a pan,
I
rawn
..
. • •, , •, ·l
_,'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:
• ,
• • .
·,
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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1"~:,,:.
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'"·· 1!:Pel
''"C3ti0ri"··needs/J
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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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{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:':
:• . ':·,' _,·
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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!;:

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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.
•
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"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
·
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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.
. •
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•
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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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Over Lowe I .using
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Thursday • November 5, ·1987

availablefor comment. • • •• 1 Alvesadded that the Lowellsit•
•
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. 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.
'
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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
•I
••
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 • .. : . .
,;
, '"' (',
-!
··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· '.,_ --~--.
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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;
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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

•
•
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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.
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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~-·-:,'.!:: ......

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UNITEDSTATESDISTRICTCOURT

//',.

DISTRICTOF MASSACHUSETTS
• ,

)
)
)
)
)
)

VS.
GEORGE
D. KOULOHERAS,
ET AL

Defendants

.../'

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HISPANICPARENTS
ADVISORY
COUNCIL,
ET AL
Plaintiffs

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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

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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

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

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UNITEDSTATESDISTRICTCOURT
DISTRICTOF MASSACHUSETTS

C·

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.

vs.
GEORGE
KOULEHARAS,
et als,
)
Defendants

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

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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

�•

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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

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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

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Greek
Spanish
Portuguese·
Polish
Korean
Vietnamese
Other
Iranian
Indian
Japanese
Lebanese
French
ltalian
ithuanian

0
60

TOTALS

134

24

,...•15 ·
·'.'·2138
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.121
505

49
107

38
14

223

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258

26
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487

17

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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•
.

,,'

. . ..

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STUDENTS
ENROLLED
II~ llILINGU/11.
PHOGRAM
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SPEAKSONLY SPEAKSMOSTLYSPEAKSTIIIS
THIS
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&amp;
LANGUAGE :, LAHGUAGE
&amp;
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FIIGLISH81
SOMEOF THIS

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TOTALS
254

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2

.60

32

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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

'
'•

:

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.

:

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....
..

•

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.. . ..

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, . .

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.

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OFF'l~_E

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SU RN AMC:

OFFICE

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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

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tuguese

•
I

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160
..

113

ean

4

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se

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81

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-·

�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:

.

'(
..
.

~

.

.

. -.

..

~

.

...

..

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.: : ...
.. ·

..

.

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.

.

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·B.

f....

...

-

I

6

I

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•

•

;

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
Resource
Resource

-~11y ..
: \·· t:g,~_... :sy

ia I
l

1

25
13
3

Rescurcei

••
• ----+-,

10

--------,-,----t------:-,

~
. '11;___
•

·11

12

Resource,
Resource!'
Resource 1
Resourcej

• • ,.er-s

• • -·-: • ·nt.."'.i •

PROGRAM
PLACED
I PL.A.CED
NODATE tlORECORD
PLACED
1 YR+ PLACED
1 YR+
OF
OF CET
AFTER
BEFORE
WITHOUlPRIOR
CET
TOCET PLACEMENT
CET
.CET.
Resourc·e
3
3
3
3
Resource
1
1
1
1
Resource
4
4
l
4
4
l
Resource
2
2
2
2
6
Resource 32
32
32
Resource
3 1
3
3
4

l

I
1

1

I
i

~~

14
ia
1
1
25
13
3

10

12

14
i2

4

18
l
l
25

3
l

9

6
3
3

2

I
1

l .
1

13
3
10
----;-,------t----~--

4

:

P.LS .••••••••••••••••••••••

,~l
•v~

156

154

20

32

5

BILINGUALPROGRPJ\
l Y).+ ••
PROGRAM
l PL.~CEJ!
PLACEDNODAIE HORECORD
PLACED
l YR+. PLACED
OF
OF CET
AFTER
BEFORE
'ci'IEI
HOUilPRIOR
TOCET PLAC8·:ENT
CET
CET

I

..

1
1

O.LNUMBER!11

£NGUAL
PROGRfa;,;
.....

34

22

1

8

LANGUAGE
COLLABORATIVF
~

iot
!

7

ILAtlGUAGE
I

coiLABORATivi
2
.

2

10

\L\. .BER Itt
illAGt: COLLABORATIVE.
.... ; 1O
.

..
I

6

�_ .....·-

·•..
.
.

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
CET TOCET PLACEMENTCET

liOOL
-;,_

,..

..
. :...··
.
...

ir-tlett
:·e-School Class

Deaf

1TAL NUMBERIN
:AI-. PROGRP.H
........
'

•....

6
2

6

6

2

7

-17

:lTALS.•·........................

6

8

.......
; ...-... ..
i- • '

.....

8

• H0/·1ESTUDENTS

.

PLACED,.,
''0 DAtE
PRIOR
OF
'rE•·~··r' Lf-'.....
1·:~:•t ·i
TO CET -,

RECORD

i•l"u
\

OF

rE•I
~

.

.,

;)TALNUMBER
!H
'

c:11 •nr-i,-l
i.'1
UvC.l\
0 1,•E

i

1 C:
\1-1·;:,
.. •'--

.............

pon!~:..;~1,i
,,_,_,._,

♦

•

• •• • • • • • •

.................

;:;

.._

-

4

'.:.

VISUALLY
HANDICAPPED
.. . ..

·r~HO.
OL

~

- ..

.

•

••

04

••

. . .-

:1 YR+
PROGi&lt;.AH
! PL;\CED···PlACED__NODATE• t~O RECORD·PLACED
OFf
WITHOUT~PRIOR "7. , __ OF : .. _
J\FTER

CET

TOCET PLACEMEMTCET

,----~---'&lt;1,r.-:1:---:-...,.......--!----=:...=..:.--t-_:...::~.::.;_-+-~~=..:.::~-i--....::..:;::..:__+----=::..;_--+---...::..::..:.

I.
•
~~1suaIIyl
J:
_,_n_e_r_a_n-_L.
_P_r_o.=_g_r_am--1-r
a nnLl_
·_i
c_a..:..-P..:..r:'i-:i"_d--=-8----..
__ 8:__._-+-- __ 8__

--1------l------~----

8

I

NUtlBER
Irl
(SUALLY
HANDiCAPPEO
...•.....

j}TAL
1

JTALS. ....

. -···

; ...................

14
8

8

8

8

CET

I

PLACED
BEFC::
....I
Cc-

�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._,,
!t--f..oil:::f
•

t,..
,

: y.

•. ·.: .. :

.,.

·.

.•··

....

,,t,:;:;1•-l.l

,-},.J

LC.L.l.1-

.

,.

,.

o.

-,
. ..;+-:;..:.:
::.'-'•
~-~·-

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

·---

1,

""

1..1-

;-•-••

1..1

&gt;

•••

,

~.'
' 1 v:or:--:.1i1G
, ••
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.
.

. ,, ...

~

x'.-

.
.
i-~---

..

2. •

•• r._ ·:·

b.

. ... .
-. -··-·•. ..,,_.

..

·._. · ....

..

. ..

:.

i

1•--·

-A-••

-·-··---

. 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
::
I

.

(fJ

I!Ar:les

IiRcgers

•j Varnum
l!Sartlett
IL.

: 1ncoln
?awtucketvill

!

Sp. Ther 1

I

1

(.

SiJ. liie:f
Sp. Th2:- l

2

3
.,

3

2

2

3

?
...,

,~ -•

C

l

!
•

1~erj

I ne ....J
t I

t

T~erj
i;_,

t 11C:

•

~

r,

t,1 Riverside

.... ,

So
.. -_:.1;,,,,,..!
- • t

l Butler

j'J

1

So.

Ill-

I Sp. -••1 ,._Cl.,.. III
'P ,,.._r·
... •
Sp. -·.I 1.:_.....__I IIt
.:)p.
in:rj

,"."',\ ,
• -- .J Cc::,,...ra,

i .: Oak1and

2

2
2

I So.

' . . •.· 1 ~ . oy
•.
! u~· . ...
,
. 'f . iff·
•
j! ~ •. ngton

t

.,
2

Tl-,o.,..

! Sp. Ther•

1
' !J L~ura Lee

\

.

2

Sp.

n: .riorey
;;cAve~ue

l : ne~
11lJ1 ,
j\
\

Six

...

Sp.

uGreen

,;Shaughnessy

..

~:Em.1 Sp. Therl

iMiddlesex Villa;e
·" _ Ii Pine Street

I

~e

---•-"-••·---

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
Sp. Ther
Sp. Ther
Sp. Ther
1
l
1
Sp. Ther
Sp. Ther
4
4
4
•
4
Sp. The:
1
1
1
I Sp. Ther
Sp. Ther 1
Sp. The:j1

jJ.G. Pyr.e
·'jColburn

1
r~
0 Ccnne 11

.. --· .......----·- ..·----

- -

SPEECH
THERAPY

!E11iot

:

-

'lo\-ie 11,. MA

♦

\Moody

.

.

'

~ SCHOOL•

'

- ...- -·--

.

Or. Earl Sharfman

•

l ..

I~

'

. .

..

--

•

-- .

•

I

Sp. Th:;!
••

j ; ,.D•

-~ •

j ~~:II::

I

-

,..,.,

1

"t:.

~

1

I

I
•

-, ;..- -

,..

L·..J

I

9
20
2

1
16

9
20

3

2

....

r

I

�....

~

.-

.. ·- ...

~

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...,-,

J-'-•

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

.... .:.. ...,_

......... ~

~

t.......•

~1i.._

L

_J

,..., .::.1.oc.~::=::,:::,:... 1..,1c.t,

••

1,..

•

,

0 ·:

·-

-·

'.:

: •••

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.
~

•

: !

.
j

'

•

-

.-- • .,J

•

.;:J

I

....

.....

-

.__

•

...

..,

,

)

•

•

....

-

'-.

•

'

•

..,

_,

••

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.,_;

.,_,.

'

..

~

rl-!1

I

~.,J

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

V

L~-~

II

i

_,,

I

.J

1~/..))

,:•

'""':'

\...t;:

(,...)

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""
_, ~.---,-,o-)
:ie
~
·iii , senso,...··
i;:, -ot· ,.,_ I ar.-u~,.,.,
• •~ a.:;-,
r ...,..-o...
t..ual ,
cogn,·~,·vQ
_;~-c~~v, a ~•-n•~~-~1
I. .. :: ... 1 u 11a
,
~
- ,
Cl!
I :: t. I • C , att1·
• ~ ...
!..u~,-~~1
Id l I~
,
1
c::;::.1~-i':""i~r'!•~
,·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

'.Ji

1 .._:::_

,

1.

·....: .

--

..,.

• !

d••-.:-,

,-:-

-iU

,CY

l ..

',

.1.,,..._

-

t..,

ll

C

•·

-::.-..

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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L~ ••.·- - [\ ••ii -15.
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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

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~~~t,

pl~~~i~c.

~c~uisi~icic,

r.~ ♦
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piloting

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77

78

77

Sept-Hov Dec
.-

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77

JtUlC

79

79

78

Sept

iScpt-Mar-Junc

80

- June

.

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r::of icie;.,c..

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longu::i2c

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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.

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Dl7:vclop:~c.:nc of instruct.ic;nol

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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.
, ·;

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.

81 •

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80

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conitoring,
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79

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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:,'.

..
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Crite:rI.:i !or Scuc!:nts St'lccr1oni.
fc: I~structicn
.'.lt EluccntJry
a:-.c :-:icdlc

Es:a~lishcd
1.0 - l,J)

of

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(Sc:a as tn~I~

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-

80
June

. 81
Sept Jurre

80

.

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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.

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Goal i4
1ancc
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Staff Training
Initial

4,5

- ---

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Planning Stages

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Plan.

for Staff on Complinn~o

In-service

for Staff.

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Co::;pli~ce Goal #5

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District Testing for Identified
Students (Primary Langu;:ige):-/
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Examination of Students .
Mainstreamed Using Prcdi~tive
Data for Purpose of
, -:-:
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,1

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District Testing for Identified
Students (English)
• \.••

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- June

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•

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Evaluation-of Instructional
Programs
For Students of Limited English-speaking
Ability.
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5.0

-

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Sept - June.

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Co:r.pliance Goal ff6
Cor..rnunityand Parental Involvement
6.0

&amp;6.1 Parental and Community:Involvcmcnt

6.2

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Central Administration/Princip~ls
Notification to Parents and Communlty

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�3

EXHIBIT

"3"

�.-

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••

',

Dr. P4trick Mogan
Superintendent
Lovell Public Schools
89 Appleton Street
Lovell,
M.aaaachusetta

I

, I
,·--1::)r-·-..

•

I

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{ f)vv£1r

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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

I

'
I

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

--l

--r
l

SURN Al'!:

oFriC~

o.,TE

I-

-

-

I
i
/I

I DATP:
l

................. .
.... ... . ...... .
. ................
·············••••••
. .... .. . ····· ········•
....... •••••.

•. I

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them.

563 (1974).

.-... ..... .
.... ...,-·
. ····· --•··. - .• ·-

I

I

l

�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

I
I

I ..

Rights

I

f•
i

I .
l

I

Encloaure

cc:

I

Official
E&amp;S Reader
JGB Reader.

I

}!Huff Reader

I

OCR.:E&amp;S:M.HWAUG:EC
11/21/79
(Remington)

I

II

. .. . -

-·

......

.

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or~ICE

/IT E

(r~l[E
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:-:
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.. :·::.:
..............
. ........
. . ..... .

..

....
····················y········································
••••••••
'
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3URNAME

OAT!!:

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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;

�,,

I

I

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~

•'

-2-

.... .. . ..................................
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....

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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-

.....

.... .

. .

�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.

�-~t;:-.i.,
...

...t, .,... :.., j ••

:

):'.

'!""',••

J. :. '

•'T

•
'

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 .

•

.
..

-s-

'

�- ~,'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

•

-6-

�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.

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�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•·--

-•

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I

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�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,;:;._
____
_

�</text>
                  </elementText>
                </elementTextContainer>
              </element>
            </elementContainer>
          </elementSet>
        </elementSetContainer>
      </file>
    </fileContainer>
    <collection collectionId="23">
      <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="50">
              <name>Title</name>
              <description>A name given to the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34456">
                  <text>Equal Education in Lowell Research Files, 1970-1990</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="34457">
                  <text>1970-1990</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="41">
              <name>Description</name>
              <description>An account of the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34458">
                  <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>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="39">
              <name>Creator</name>
              <description>An entity primarily responsible for making the resource</description>
              <elementTextContainer>
                <elementText elementTextId="34459">
                  <text>Forrant, Bob</text>
                </elementText>
                <elementText elementTextId="34460">
                  <text>Khoeun, Chandaranee</text>
                </elementText>
                <elementText elementTextId="34461">
                  <text>Khuon, Chrisna</text>
                </elementText>
              </elementTextContainer>
            </element>
            <element elementId="48">
              <name>Source</name>
              <description>A related resource from which the described resource is derived</description>
              <elementTextContainer>
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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>Born digital collection preserved at the Center for Lowell History. Donated by Bob Forrant in May 2025.</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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 [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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 [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>&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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 [1983-1990]</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>Owner posing in the shot with "Evil Jungle Princess Dish", or "Yam Nena Lae Taeng Kwa".  Beef Salad in Cucumber Boats.</text>
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                <text>Digitized from Lowell Sun Collection, owned by the Lowell Historical Society, housed at the Center for Lowell History.</text>
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              </elementText>
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          </element>
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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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 [1983-1990]</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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 [1983-1990]</text>
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