IDENTIFICATION
IDENTIFICATIONCOMMENTS
PROPOSED REGULATORY CHANGE
Implement a four step ELL identification process to
ensure holistic and individualized decisions can be
made by qualified staff, including:
(1) administration of the Home Language
Questionnaire;
(2) an individual interview with the student;
(3) a determination for students with a disability of
whether the disability is the determinant factor
affecting the student’s ability to demonstrate
proficiency in English; and
 Support was expressed for defining qualified staff to
conduct the identification process and enhance intake
procedures that will provide teachers with more
information about incoming ELLs.
 Concerns were raised about lack of qualified staff and
additional resources necessary to fully implement the
enhanced identification process for example requiring
additional student work.
(4) the administration of a statewide English
language proficiency identification assessment.
Qualified staff is defined as an bilingual or ESL
teacher, or a teacher trained in cultural
competency, language development and the needs
of English Language Learners.
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PARENT NOTIFICATION AND INFORMATION
IDENTIFICATION COMMENTS
PROPOSED REGULATORY CHANGE
School staff shall meet with parents or persons in
parental relation at least once a year, in addition to
other generally required meetings with parents, to
discuss with parents their child’s academic content and
language development progress and needs.
Districts shall collect and maintain:
records indicating parent’s preferred language or mode
of communication; and
records of notices and forms generated during the
identification and placement process in ELL student’s
cumulative record.
 Support was expressed for higher quality and
frequency of opportunities for parents/guardians to
participate in their child ‘s academic development in
the language they best understand.
 Further explanation was requested for meetings,
required documentation and record keeping.
 Concern was expressed about acquiring additional
translators.
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PLACEMENT
IDENTIFICATION COMMENTS
PROPOSED REGULATORY CHANGE
Require placement in a Bilingual Education / ESL
program within 10 school days after initiating the
identification process.
Districts shall complete the identification process
before an ELL student receives a final school
placement.
 Support was expressed for completing ELL
Identification process ensuring proper program
placement.
 Concern was expressed regarding resource
implications of the identification process conducted
during the summer.
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PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
IDENTIFICATION COMMENTS
PROPOSED REGULATORY CHANGE
English as a Second Language instruction shall be
offered through two settings:
•Integrated ESL (ESL methodologies in content area
instruction co-taught or taught by a dually certified
teacher); and
•Stand-alone (ESL instruction with an ESL teacher to
develop the English language needed for academic
success).
 Support was expressed for integrating ESL and
Content area instruction.
 Concern was expressed over the possibility of a
district choice to house a bilingual program in one
building.
 Concerns were raised regarding implementing the
integrated ESL co teaching model as it may impact
configuration of programs and resources.
Continue to require that each school with 20 or more
ELL students of the same grade who speak the same
home language provide a Bilingual Education
program.
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CONTINUED: PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
IDENTIFICATION
PROPOSED REGULATORY CHANGE
Districts shall create annual estimates of ELL enrollment
before the end of each school year and create a sufficient
number of Bilingual Education programs in the district, if
there are 20 or more ELLs of the same grade level who
speak the same home language district wide.
A district will be allowed to apply for a one-year waiver for
languages that represent less than 5% of the statewide
ELL population, if the district can demonstrate it meets
established criteria and provides alternate home language
supports.
COMMENTS
 Support was expressed for the improved program
planning, continuity, and uniformity resulting from
the provision for an annual estimate of ELL
enrollment.
 Support was expressed for strengthened access,
instruction, and services resulting from expanding
eligibility to create more district level bilingual
programs that develop academic proficiency in
both the native language and English.
 Recommendation was made by NYSUT to adopt
New programs triggered by this provision shall be placed in
class size maximums for each program type.
a school that has not been identified as a Schools Under
Registration Review or as a Focus or Priority School, if
 Recommendation was made by NYSUT to
such school exists in the district.
include procedures in the regulations for
identifying and providing language support
services (bilingual and ESL instruction) to
address the language needs of young children
enrolled in UPK classes.
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GRADE SPAN AND PROGRAM CONTINUITY
IDENTIFICATIONCOMMENTS
PROPOSED REGULATORY CHANGE
Districts shall provide program continuity so that
ELLs can continue to receive the program type
(Bilingual Education or ESL) in which they were
initially enrolled. In order to ensure program
continuity, schools shall continue to provide a
Bilingual Education program if at least 15 students
who speak the same home language were enrolled
in such program in the previous grade.
 Support was expressed for the benefits of continuity of
bilingual/ESL programs.
 Concern was expressed over implementing the two year
contiguous grade level provision in small school districts.
The maximum allowable grade span for grouping
instruction in ESL and Bilingual Education programs
is two contiguous grades.
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EXIT CRITERIA
IDENTIFICATION
COMMENTS
PROPOSED REGULATORY CHANGE
Implement three different criteria to allow
students to exit ELL status, including:
 Strong support was expressed for expansion of the ELL exit
criteria as students will receive the most appropriate services to
which they are entitled.
(1) scoring proficient on the statewide
English language proficiency
 Concern was expressed over giving districts too much discretion
assessment;
to exit ELLs as a cost-cutting measure.
(2) a combination of NYSESLAT scores and
3-8 ELA assessment or ELA Regents
scores; or
(3) a determination that an ELL with a
disability cannot meet criteria (1) or (2)
because of their disability and are not in
need of ELL services.
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SUPPORT AND TRANSITIONAL SERVICES
IDENTIFICATIONCOMMENTS
PROPOSED REGULATORY CHANGE
Districts shall annually identify ELLs not
demonstrating adequate performance and provide
additional supports aligned to district wide
intervention plans.
Districts shall provide at least two years of
transitional supports to ELLs who exit out of ELL
status (former ELLs).
Support was expressed for the benefits of including ELLs
in districtwide interventions plans.
 Support was expressed for expanding transitional services
for Former ELLs to two years as it further reinforces
support for students who exit ELL status.
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PROPOSED REGULATORY CHANGE
IDENTIFICATION
Require that 15 percent of professional development
hours for all teachers and administrators be specific to
the needs of ELLs, language acquisition and cultural
competency.
Require that 50 percent of professional development
hours for all Bilingual Education and ESL teachers to be
specific to the needs of ELLs, language acquisition and
cultural competency.
Create certification areas for bilingual teaching
assistants and tenure and seniority protection areas for
bilingual teaching assistants, bilingual teachers and ESL
teachers.
COMMENTS
 Support was expressed over including teachers and
administrator in ELL specific professional
development as it builds capacity to meet the
specific needs of ELLs.
 Concern was raised by NYSUT and others that the
allotment of specific professional development hours
is too prescriptive. NYSUT recommends that
schools should be able to customize the PD
according to their school-wide goals and the needs
of teachers, school-related professionals, and
administrators.
Require that all prospective teachers complete
coursework on ELL instructional needs, language
acquisition and cultural competency
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DISTRICT PLANNING AND REPORTING
IDENTIFICATION
PROPOSED REGULATORY CHANGE
COMMENTS
Districts shall provide additional information in plans
 Support was expressed in reporting ELL
regarding programs for subpopulations of ELLs,
subpopulation and the recommendation was made
information provided to parents, methods to annually
that delineating subpopulation be made public in
measure and track ELL progress, and systems to identify,
the best interest of transparency.
assess, and exit students from ELL status.
 Concern was expressed over the increased
paperwork for tracking and reporting requirements.
Require districts to provide additional information in
reports regarding programs for subpopulations of ELLs
including program information, if offered, by
subpopulations and languages spoken in the district.
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GRADUATION REQUIREMENTS
IDENTIFICATION COMMENTS
PROPOSED REGULATORY CHANGE
 Strong support was expressed indicating that alternate
Allow for additional graduation requirement options,
path to graduation is a much needed provision for
only for ELLs who enter the United States in 9th grade
ELLs who enter the school system in or after 9th grade.
or above, including:
-
-
Scoring 65 or higher on all Regents except the
ELA, and passing a rigorous exam of English
proficiency that has been approved as an
alternative to the English Regents examination, to
receive a Regents diploma.
Scoring 65 or higher on all Regents except the
ELA, and scoring 55-64 on the ELA to appeal and
receive a local diploma.
 No concerns were communicated on this proposed
regulatory change.
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