Proposed Amendments to CR Part 154 As presented to the NYS

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Proposed Amendments to CR Part 154
As presented to the NYS Board of Regents on June 16, 2014
Major Modifications – Definitions: §154-2.2
o ENL = English as a New Language (formerly ESL)
o HLA = Home Language Arts (formerly NLA)
o English Language Learners (ELLs) are divided into six groups:
 Newcomer: ELL receiving ESL/ENL instruction in US schools for 0-3
continuously enrolled years
 Developing: ELL receiving ESL/ENL instruction in US for 4 to 6
continuously enrolled school years
 Long Term: ELL receiving ESL/ENL instruction in US for 7 or more
continuously enrolled school years
 Former: ELL who has been identified and then exited from ELL status
 ELLs with Disabilities: Not specifically defined (assumption is an ELL with
an IEP)
 Students with Inconsistent/Interrupted Formal Education (SIFE): ELLs who
have attended school in the US for less than 12 months, and at initial
enrollment are 2 or more years below grade level in home language
literacy and/or 2 years below grade level in math due to inconsistent or
interrupted schooling before arriving in the US.
o Program Definitions:
 English as a New Language (ENL) Program:
» Comprised of TWO components:
 Stand-Alone ENL: a unit of study in which ELLs receive
instruction to acquire English to succeed in core content
courses; cannot be delivered in lieu of core content area
instruction, including ELA. Can be delivered by a certified
ESL teacher or Bilingual Education teacher in Grades K-6,
and by a certified ESL teacher in grades 7-12.
 Integrated ENL: a unit of study in which ELLs receive
instruction in core content areas (ELA, Math, Science, Social
Studies) and English language development instruction; can
only be delivered by a dually-certified ESL teacher or
through co-teaching with a certified general education
teach and an ESL teacher in grades K-12.
 English as a New Language (ENL) Required Units of Study remain the
same for Grades K-8 and 9-12 in both Bilingual and ENL Programs.
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
Bilingual Education Programs:
» No mandate for a specific type of Bilingual Education Program,
but it must be comprised of THREE components:
 Language Arts Instruction: units of study that includes
Home Language Arts (formerly Native Language Arts) and
English Language Arts. Home Language Arts is defined as a
unit of study in the student’s home language, aligned to the
NYS Learning Standards for ELA and Literacy and the
district’s curriculum for ELA and literacy.
 English as a New Language: same as defined above.
 Bilingual content area instruction: instruction in two other
core content areas (Math, science and social studies)

Personnel Qualified to teach Home Language Arts: in Grades K-6 a person
who holds a bilingual extension; in grades 7-12, a person who holds a
certificate in Language Other than English (LOTE).
Personnel Qualified to teach Bilingual Content Area Instruction: Not
specifically defined (assumption is a certified content area teacher with a
bilingual extension).

Major Modifications – School District Responsibilities: §154-2.3
 Initial and Reentry Process/Determination of English Proficiency
o Administration of Home Language Questionnaire
 Must be administered by qualified personnel (Bilingual, ESL or trained
teacher, using a trained interpreter/translator as needed for the home
language)
o Individual interview with the student:
 Must be conducted by qualified personnel (see above) and include a
review of student’s abilities or work samples in reading and writing in
English and home language, and in math, and for reentering students, a
review of prior experience in home language or English. This step
determines if the NYSITELL will be administered.
 For students who have a disability:
» Follow procedure as specified in CR Part 154 §154-3.3 (below) to
determine if the student shall take the NYSITELL, and whether the
student should be identified as an ELL.
o Administration of NYSITELL:
 Must be administered unless it is determined in Step 3 (ELL with disability)
that the assessment is not appropriate.
 If student scores below designated level on NYSITELL and is determined to
be an ELL:
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
» Within 5 days, the parent or person in parental relation, or the
student (if over 18 years of age) must be notified in writing of the
student’s identification and of their right to seek review of such
determination
For ELL students meeting the criteria for SIFE: (see definition above)
» Students must also be identified as SIFE on NYSSIS
o Identification Process:
 Must begin no later than the date of enrollment into a NYS school district,
except that the NYSITELL may not be administered to students entering
grades 1-12 before July 15th or entering Kindergarten before June 1st.


All steps in this process must be completed before a child’s placement in
a school:
» Student must be provisionally placed in a school until the
identification process is completed.
» If student is identified as an ELL with a disability: (See CR Part 154
§154-3 for details)
 The LPT/CSE must include at least one Bilingual or ESL teacher
 Placement in a Bilingual Education or ENL Program is not refused
because of the student’s disability
 Assessment procedures are implemented that differentiate
between language proficiency and disability

Except as otherwise provided, the process for initial enrollment or reentry
identification and parent notification, orientation, and placement shall be
completed such that a student is placed in either a Bilingual Education or
an English as a New Language program within ten (10) school days after
the student’s initial enrollment or reentry in the school district, or by the
first day of school in September for students identified more than ten (10)
business days prior to such date.
o Process for Review of ELL Identification/Determination
 Within 45 days of receipt of notification of the ELL’s placement letter, the
parent/person in parental relationship (PPR), or student if over 18 years old, or
a student’s teacher with consent of the parent/PPR, may request a review of
the identification/determination of the student as an ELL (or non-ELL).
 The principal and “qualified personnel” have 10 days to review the request,
and make a recommendation about the determination as to the child’s ELL
status; the parent must be informed in writing in a language or mode of
communication that they best understand, and must sign a letter
acknowledging the recommendation.
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In cases where the ELL has a disability, the principal, “qualified personnel,” and
the CSE must be involved, and the timeframe for the recommendation
becomes 20 days; the parent must be informed in writing in a language or
mode of communication that they best understand, and must sign a letter
acknowledging the recommendation.
If the recommendation is to change the student’s status, the acknowledgment
letter and principal’s recommendation must be sent to and approved by the
superintendent within 10 days of the superintendent’s receipt of the
principal’s recommendation.
If the Superintendent or designee accepts the recommendation to change a
designation to either ELL or non-ELL, a review of the determination of
redesignation must be conducted in no less than 6 months and no later than 1
year to ensure that the student’s academic progress has not been adversely
affected by the determination.
If the principal believes that the student may have been adversely affected,
the principal must provide additional support services to the student and may
reverse the determination. A reversal of a determination must be made in
consultation with the Superintendent or designee.
If a reversal is made, the Superintendent or designee must inform the
Commissioner, the principal and the parent or PPR of the decision in writing in
a language or mode of communication that they best understand.
A record of any determination to redesignate a student to either ELL or nonELL status must be maintained in the student’s cumulative record. Reporting
requirements for such students must follow the redesignation that is
determined in this process.
 Program Planning Requirements:
o At the District Level
 Each school district must annually prepare and submit before the end of the
current school year an estimate of the number of ELLs who are expected to be
enrolled in each school and grade within the school, as well as the number of
ELLs in the district who speak the same home language in the following year.
The annual estimate must be based on the previous three years of enrollment
data by school, grade, and home language.
 Each school district in which the sum of the annual estimate of ELLs equals 20
or more ELLs of the same grade level and the same home language other than
English, must provide a sufficient number of Bilingual Education (BE) programs
in the following year such that there are BE programs available to at least 70%
of the estimated ELLs who share the same grade level and home language
other than English.
 Any new BE program required to be implemented in a district must be created
in a school that has not been identified as SURR, Focus, or Priority. If such a
school does not exist in a district, a justification must receive approval from
the Commissioner.
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 Program Placement Requirements:
o At the District Level:
 An exemption from the Commissioner may be requested annually for NOT
implementing a BE program that would be required for a home language of
less than 5% of the Statewide ELL population, for no more than 5 years, if:
» The district does not have qualified staff in that language;
» The district overestimated the number of ELLs in that language;
 The exemption request must contain:
» Evidence of ongoing and intensive recruitment efforts; evidence of
class size issues; and how the district would a plan to provide
alternate home language supports;
» The Commissioner can determine that a school district has
demonstrated a pattern of consistent underestimation of the
number of ELLs at the school or district level, and may direct the
district to implement such BE programs as he deems necessary.
o At the School Level:
 These rules remain essentially the same; 20+ students of same grade level of
same language other than English must be provided with a BE program.
 ELLs must be provided with the opportunity to transfer to another school in
the district that operates a BE program if such a program does not exist in the
school in which the ELL is enrolled, and they must be provided with
transportation to the school with the BE program.
 Program Continuity
o Each district must provide continuity such that all ELLs can continue to receive the
program type, i.e., Bilingual Education or English as a New Language, in which
they were initially enrolled as long as they remain ELLs; in the case of BE
Programs, if there were at least fifteen (15) students enrolled in a grade in such
programs in the district in the prior year.
 Parental Notification and Information
o Orientation Session
 must be provided prior to child’s enrollment in the program, in a language or
mode of communication the parent/person in parental relation (PPR) best
understands, provided that the session would not withhold a student from timely
program placement.
o Notification to the parent/PPR of student’s placement
» The parent/PPR must be notified in writing in a language or mode of
communication that they best understand of the child’s placement in a Bilingual
Program, which is the default program, where available, and advising them the
right to opt out of BE and into an ENL program;
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» Notification must contain the goals and purpose of both the BE and ENL
programs;
» If BE program is not available, the parent/PPR has the right to opt the child into a
BE Program if available in another school within the district; transportation must
be provided by district.
» School districts must provide 5 days for parent to sign and return placement
notification letter; if not returned, the student must be placed in a BE Program, if
one exists in the school in which child is enrolled; if not, then the child must
receive ENL services.
» If the parent/PPR does not return the signed notification, they still retain the right
to make a final decision regarding the placement of their child in a BE or ENL
Program. If their choice of program changes and it requires transportation to
another school in the district, such transportation must be provided by the
district.
o Parent Meetings
 School districts must meet individually with the parents/PPRs at least once a year
in addition to parent-teacher conferences, quarterly progress meetings or other
scheduled meetings provided to all parents/PPRs;
 The meeting must include all school staff necessary to inform parents/PPRs of
child’s language development in content areas in English, and in the home
language for ELLs in BE Programs;
 The meeting must be conducted with a qualified interpreter/translator in the
language or mode of communication that the parent/PPR best understands;
 Records of signed notices by parents must be retained in the student’s cumulative
folder; orientation session agendas and sign-in sheets must be retained by the
district and must be accessible at all times that the school is open for staff.
o PROVISION OF PROGRAMS
o Unit of Study: As defined in CR Part 100.1 (a)
o Unit of Credit:
o 5 Levels of English Proficiency:
1. Beginner/Entering
2. Low Intermediate/Emerging
3. Intermediate/Transitioning
4. Advanced/Expanding
5. Proficient/Commanding
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ENGLISH AS A NEW LANGUAGE (ENL) REQUIREMENTS IN GRADES K-8
Note: “Integrated ENL” requires dually certified ESL teacher or a co-teaching model.
* Other services that monitor and support the student’s language development and academic
progress, as approved by the Commissioner, can be provided in lieu of the Integrated ½ ENL unit
of study to assist Former ELLs for the two years after exiting an ENL or BE Program.
ENL REQUIREMENTS and AWARDING OF CREDIT IN GRADES 9-12
Note: “Integrated ENL” requires dually certified ESL teacher or a co-teaching model.
* Other services that monitor and support the student’s language development and academic
progress, as approved by the Commissioner, can be provided in lieu of the Integrated ½ ENL unit
of study to assist Former ELLs for the two years after exiting an ENL or BE Program.
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BILINGUAL EDUCATION REQUIREMENTS and AWARDING OF CREDIT IN GRADES K-12
Note: “Integrated ENL” requires dually certified ESL teacher or a co-teaching model.
* Other services that monitor and support the student’s language development and
academic progress, as approved by the Commissioner, can be provided in lieu of the
Integrated ½ ENL unit of study to assist Former ELLs for the two years after exiting an ENL
or BE Program.
 Grade Span:
o The maximum allowable grade span for grouping instruction in grades K-12 English as a
New Language or Bilingual Education classes is two contiguous grades, except for English
Language Learners in a special class, as defined by CR §200.1 (uu).

o
Support Services
ELLs scoring below specified levels of performance on the NYSESLAT as defined by the
Commissioner must provide additional support services to the student, taking into
consideration:
 Number of years of BE or ENL instruction
 English and home language literacy, content area, and socio-emotional support
needs of SIFEs and Long Term ELLs
 Results of annual English proficiency assessment (i.e., NYSESLAT)
 BE or ESL teacher recommendation
 Content-area teacher recommendation
 Parent or PPR request
 Samples of student’s work in English and in the home language, if possible
 Bilingual educational evaluation, if student has or is suspected of having a disability
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o
Support services must be aligned with any intervention plans the district is already
providing to ALL students (e.g., AIS).

Annual Assessment
o
Each school district with ELLs must annually assess their English language proficiency
using the assessment prescribed by the Commissioner (i.e., NYSESLAT).
 Exit Criteria
o Continuation in or exit from ELL status will be determined annually, based on the
following criteria:


Scoring at or above a state designated level of proficient/commanding on the annual
English language proficiency assessment (i.e., NYSESLAT).
-ORScoring at or above a state designated level of advanced/expanding on the annual
English language proficiency assessment AND scoring at or above proficient on the ELA
assessment OR met or exceeded proficiency standards on the Common Core English
Regents Exam or an approved alternative.
 Exiting from SIFE Status
o ELLs initially identified as SIFE will exit that status once they perform at the
intermediate/transitioning level on the NYSESLAT. Removal of that status will be required
for NYSSIS.
o District must maintain records that indicate the student was once identified as SIFE.
 Professional Development
o Each school district shall provide a minimum of fifteen percent (15%) of the required
professional development clock hours for all teachers must be dedicated to language
acquisition, including a focus on best practices for co-teaching strategies and integrating
language and content instruction for English Language Learners.
o For all Bilingual and English as a Second Language teachers, a minimum of fifty (50%) of
the required professional development clock hours must be dedicated to language
acquisition in alignment with core content area instruction, including a focus on best
practices for co-teaching strategies and integrating language and content instruction for
English Language Learners.
o All school districts must align and integrate such professional development for Bilingual
and English as a Second Language teachers with the professional development plan for
core content area for all teachers in the district.
 School District Assurances and Reporting
o Assurances:
 District superintendent must annually sign and submit assurances that all
requirements in CR Part 154-2.3 are being carried out
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o Plan:
 Each school district must develop a Comprehensive Plan in a form and date specified
by the Commissioner.
o Reporting:
 Each school district must annually submit a data and information report in the
format(s) and timeline(s) prescribed by the Commissioner.
Summary of NEW Procedures for ELL/SWDs – §154-3.1 & 3.2
 Definitions
o Scope of Part: applies to applicability of regulations to ELLs who are also SWD in
2015-16 and thereafter
o LPT = Language Proficiency Team (applies to year 2015-16)
o Defines composition of LPT
o Determination of whether an SWD will take the English language proficiency
identification assessment (i.e., NYSITELL)
 LPT makes this determination in 2015-16; the CSE makes this determination in
2016-17 and thereafter.
 LPT/CSE may also determine whether or not the student should be identified as
an ELL, and if so, the student’s level of English proficiency
 CSE may determine that the SWD is no longer an ELL and should be exited from
ELL status.
Information Published in 7/9/14 NYS Register related to Compliance
Costs
For most areas, the rule does not impose any new costs not currently required by existing
State and federal requirements. In a few areas there may be additional costs and cost savings.
Increased costs may be associated with:
o new identification process and use of qualified personnel
o review of initial determination process
o retention of identification documents
o parent notification and meeting requirements
o professional development requirement
o expanded reporting requirements
o districts newly required to provide bilingual instruction or expand their bilingual
programs will incur additional costs for curriculum and instruction materials for new
bilingual classes.
When fully implemented, the rule’s provisions may result in savings to districts through
elimination or reduction of costs associated with:
o providing services to students incorrectly identified as ELL
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o providing ELL services to students with disabilities who do not need such services
o ability of high school ELL to earn content area credit while acquiring English proficiency
o ability of ELL students to demonstrate English proficiency through
o multiple measures
o the rule’s provision allowing for integrated co-teaching rather than stand-alone classes,
may result in increased costs, less costs, or the same costs, depending on how districts
structure their programs.
Published qualification to above:
“SED cannot estimate actual costs or costs savings for each school district because they will
vary widely from district to district, depending on the size of the school district, the number of ELL
students, the languages spoken, the grades in which the students are enrolled, the number and
types of programs provided, teaching staff levels, collective bargaining provisions, and how
districts decide to reallocate existing resources to meet the above provisions. Most districts are or
should be serving their ELLs currently, but SED does not have data on the amount of funds
currently dedicated to these activities in each district. Moreover, additional funds are made
available to school districts every year for their ELLs through a foundation aid formula that
weights funding for ELLs at an additional.5 weight per ELL student. Additionally, many districts
receive Title III funds for their ELL students to supplement services for ELL students. SED will
inform districts that portions of those monies should be used to offset some of these costs.”
Where and to Whom to Send Comments on Proposed Amendments
Data, views or arguments may be submitted to:
Cosimo Tangorra
Deputy Commissioner
State Education Department
Office of P-12 Education
State Education Building
2M West, 89 Washington Ave.
Albany, NY 12234,
Telephone: (518) 474-5520
E-mail: [email protected]
Public comments will be received until August 22, 2014 (45 days after publication of NYS
Register notice).
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