MODULE 4
New York State Regulations, Standards and ESL Students
Introduction
The purpose of this module is to introduce participants in this training to some key
information contained in the New York State Commissioner’s Regulations Part 154.
These regulations pertain to students in grades K-12 whose native language is other
than English and who speak little or no English. (See TAT Pack appendix for the
complete text of the recently revised CR Part 154 Regulations.) Such students are
known as Limited English Proficient English Language Learners, or LEP/ELLs. Refer to
other TAT PACK modules for additional information on topics such as testing and
assessment, integrating LEP students into the general classroom, LEP/special
education, and others.
It is strongly recommended that instructors use overhead transparencies of each of the
pages in this module. Open the discussion by displaying each of the questions while
covering the answers. Ask participants to discuss possible responses to each of the
questions, one question at a time, before revealing the responses that have been
provided (based on the CR Part 154 Regulations).
NOTE:
For complete, official and up-to-date information about LEP/ELL students in
New York State, please contact the New York State Education Department
Office of Bilingual Education at (518) 474–8775. Also see the New York
State Education Department website information, and a list of regional
Bilingual/ESL technical assistance centers (BETACs), in the appendix of
this document.
OH 4.1
INITIAL IDENTIFICATION OF STUDENTS
1. How do you know when a student is LEP?
Every new student coming into a NYS public school must
have his/her parent (or guardian) fill out a Home Language
Questionnaire. If the HLQ indicates that a language other
than English is spoken in the home, the student
must be tested to determine his/her level of English
proficiency. (See sample in this module, immediately
following.)
2. What test is used by the school district to identify students as
LEP?
IMPORTANT NOTE: As of 2003, the New York State
Education Department (NYSED) now requires that the newly
developed Language Assessment Battery-R (LAB-R) must be
use in every school district in the State in order to determine
whether a student who has entered a NYS school for the first
time (at any grade level) is LEP.
3. What is the cut-off point on the new LAB-R which will
determine which students are LEP and should, therefore, be
placed in an English as a second language (ESL) or bilingual
education program?
The designated levels on the LAB-R which will be used to
identify students as LEP are available from the New York
State Education Department, along with other information on
the administration of the test.
4. How often will the students take the LAB-R test?
This test will be used exclusively for initial identification and
placement purposes, and will be administered one time only to
each student who is possibly LEP.
Notes: (Display OH 4.2: Home Language Questionnaire [HLQ].)
Explain that the HLQ is available in many different languages other
than English, and should be administered in the language best
understood by the LEP student’s parent or guardian. To obtain copies
of the translated HLQ contact your nearest Bilingual/ESL Technical
Assistance Center (BETAC). (See appendix for a complete list of the
statewide BETAC network.)
OH 4.3
Annual Assessment
5. How do you know if LEP students should still be in ESL
(or bilingual education) program at the end of the school
year?
All LEP students have traditionally been tested every spring,
without exception, until they surpassed the 40th percentile on
a standardized test of reading in English selected by the
school district and approved by the NYSED. If a LEP student
could score above the 40th percentile, this was considered by
the State to be the point at which such students could begin
to function successfully in mainstream classrooms without
additional ESL support.
NOTE: As of 2003, a new standards-based test developed
by the NYSED is now being implemented throughout the
State. The New York State English as a Second Language
Achievement Test (NYSESLAT) will be administered
uniformly to every LEP student in ESL or bilingual education
programs in the New York State public schools, every
spring, at every grade level, until the student is no longer
designated as LEP.
6. Will the passing score on the annual test still be the 40th
percentile?
No. The NYSESLAT offers vertical scaling across the grades
in the total test battery, and tests listening, speaking,
reading and writing in English. The test has cut points
indicating beginning, intermediate or advanced skills in each
of the scales, and also cut points that indicate when a
student is ready to exit the program.
7. Who is responsible for the former LEP students once they
have tested out of the program?
All school districts are held accountable for the progress
made by LEP/ELL students in meeting all of the State
standards after they are no longer receiving ESL or bilingual
services. The progress of these students is reported to the
NYSED through annual student data reports.
OH 4.4
IN ESL CLASSROOMS
1.
What is ESL?
ESL stands for English as a Second Language. (The
preferred term, although not as widely used, is ESOL,
English to Speakers of Other Languages.) The most widely
used form of ESL is ESL “pull-out.” This means the
LEP/ELL student goes to ESL classes during certain times of
the day, to learn and strengthen his/her English language
skills, and is in the regular classroom the rest of the day.
In ESL classes, students receive instruction in listening,
speaking, reading and writing in English, cultural information,
and content area information using ESL methodologies.
2.
Why do we need ESL teachers? Don’t they interfere with
content area classes?
ESL teachers are specially trained and certified in order to
help LEP students learn English as rapidly as possible so
they can participate fully in all aspects of the school
program.
ESL teachers and content area teachers should coordinate
with one another to the greatest extent possible. ESL
teachers should reflect students’ subject area material in
their ESL lessons. Conversely, classroom teachers should
provide LEP students with opportunities to practice what
they are learning in their ESL classes (e.g., question and
answer forms).
3.
How come some students are in bilingual education classes,
while others go to ESL only?
Not every school district offers bilingual education (native
language and ESL) programs. Bilingual programs are
required in NYS only when there are twenty or more LEP
students in the same building, in the same class, who speak
the same language other than English.
OH 4.5
Why do kindergarten students need ESL?
English proficient students at this age are also developing
their language skills. However, they have already had four or
more years of English language development before coming
to kindergarten. LEP students have a lot of catching up to
do.
4. How can I as a classroom (or subject area) teacher work
with different levels of LEP students who may speak several
different languages other than English, in the same
classroom?
Some suggestions: Carefully group your students by ability
levels, have them work in pairs, group more advanced
students with beginning level students, and assign native
English speaking “buddies” to assist each LEP/Ell student.
(See TAT PACK module on this topic.)
OH 4.6
IN BILINGUAL EDUCATION CLASSROOMS
QUESTIONS:
1. What is bilingual education? Is it just for Spanish speaking LEP/ELL
students?
Bilingual education means that content area classes are being taught
both in English and the students’ native languages, not necessarily
limited to Spanish. Native language arts instruction is also provided.
However, it is important to note that ESL must always be the first priority
of all bilingual education programs.
2. Why do students in bilingual education programs study their native
languages? Don’t they know them already?
A goal of bilingual education programs is to maintain the students’ native
languages and build upon them while, at the same time, developing their
English skills.
3.
How many schools in New York State have bilingual education
programs? Where are these schools located?
Bilingual Education programs are usually found in the larger cities in New
York State such as: New York City, Yonkers, Syracuse, Rochester,
Buffalo, and Newburgh as well as some larger districts on Long Island
and in the Westchester/Mid-Hudson region. All other school districts
with LEP/ELL students offer ESL programs only.
4.
Some people say that these students are in bilingual education classes
forever, even at the high school level. Is that true?
New York State education law states that students cannot be in bilingual
(or ESL) programs any longer than six year Students who may be
observed in bilingual programs at the high school level are recent
arrivals to the U.S.
OH 4.7
5. Why does bilingual education (and ESL) seem to take so
long? Many students who are in bilingual education (or ESL)
classes appear to speak English.
There is a big difference between the English that LEP
students
Speak socially (e.g., on the playground) and the English they
will have to use in school. Academic language (e.g., reading
textbooks) takes much longer to learn than informal,
conversational English.
6.
Can parents take their children out of a bilingual education
program?
According to New York State regulations, parents have the
option to withdraw their child from a bilingual education
program. However, the student must remain in the ESL
program until he/she is no longer LEP.
7. With more than 125 different languages spoken by LEP
students in New York State are teachers expected to learn all
these different languages?
Bilingual education programs exist in only a few majority
languages other than English, and bilingual teachers are hired
who are certified to teach in both English and the students’
native language. (ESL teachers, on the other hand, are not
required to know and use the students’ native languages.)
8. Doesn’t bilingual education encourage racial and ethnic
segregation?
No, grouping same language children for instructional
purposes need not prevent their integration with native English
speakers. In fact, they must be integrated with their English
proficient peers for classes such as art, music, and physical
education.
OH 4.8
MEETING THE STANDARDS
1. Are LEP students exempt from New York State’s standards
and graduation requirements?
No, LEP students are not exempt from meeting the NYS
standards, which is why it is extremely important for ESL (and
bilingual education) teachers to work closely with regular
classroom and subject area teachers. Schools should also
provide additional instruction for LEP/ELLs after school, on
weekends, and during the summer, to the greatest extent
possible.
2. Can LEP students graduate from high school if they don’t
pass the required Regents examinations?
No, and some LEP students may need additional time in high
school to prepare, especially if they haven’t had many years of
schooling in their home country.
3. What happens if a LEP student fails one or more of the
Regents examinations?
Any student can take the exams over again until he/she
passes them.
4. If students have taken ESL, why are some of them allowed to
take some of the content area Regents exams in their native
languages?
LEP students are in ESL because they need English language
support. Although they may seem to speak English well, they
may not be ready to take content area exams that contain
difficult, academic language.
4. Doesn’t it give the LEP students an unfair advantage if they
take the content area Regents examinations in their native
language?
No, the tests are for the purpose of demonstrating knowledge
of the content area.
OH 4.9
PARENTAL INVOLVEMENT
NOTE: Parental involvement is addressed in several sections of the
CR Part 154 Regulations because it is especially important – and
sometimes difficult - to involve the parents (or guardians) of LEP
students in their children’s education.
QUESTIONS:
1. What are some ways to get LEP students’ parents involved in
the school?
Send home weekly or monthly packets of each student’s work
for parents to review; invite parents to come in and work on
special projects with their children; and, encourage parents to
be reading partners with their children (in the native language
and/or English).
2. If LEP parents do not seem to be interested in their children’s
schoolwork, and say that they are too busy to attend school
functions, how can schools accommodate them?
Hold meetings at different times and days of the week, or
send out a survey in the native language that asks which
times they are available to come in to the school. This will help
to accommodate working parents and/or parents with other
children at home. Also, send notices home in the native
language of the parents and make follow-up phone calls
(using a translator, if necessary).
3. What can teachers do if the parents of LEP students will not
attend important parent-teacher conferences?
In other cultures, parents may not be expected or welcomed
into their children’s schools unless the child is in trouble.
Begin with meetings, and other communication, that focuses
on the positive aspects of the student’s behavior and
performance.
4.
5.
OH 4.10
What can teachers do after they have tried writing letters and
calling home to their LEP students’ parents, but they are still
reluctant to get involved?
Find someone in the school or in the community to serve as a
translator. Also, try to schedule a meeting close to where the
parents live; for example, in a church or in a library. Also
consider providing transportation (subway tokens, school bus,
etc.) and, where possible, baby-sitting services at the school
during parent functions.
What can school personnel do if LEP parents seem to
distance themselves from other parents at school meetings?
How can we promote unity?
You might try “ice-breaker” activities and/or social functions
such as sharing ethnic foods and multi-cultural entertainment
as part of the meetings.
6. What are some of the requirements for LEP parental
involvement, according to CR Part 154?
The requirements include the provision of an initial parent
orientation to the school and to the NYS standards and
graduation requirements, when the LEP student first enrolls in
school; informing parents of their children’s placement in ESL
or bilingual education programs, and parent-teacher meetings
to inform parents of their children’s progress in school. (See
Regulations in the appendix of this document.)