Mandated Programs & Services for LEP/ELL under CR Part 154


NEW:  Special Education & ESL:  A joint memorandum from the Offices of Special Education and Instructional Support and Development clarifies the State policy regarding English as a Second Language services for limited English proficient/English language learner students who are also identified as having disabilities. It is available at http://www.p12.nysed.gov/specialed/publications/bilingualservices.htm


Identification Process

Mandated Programs

  • English as a Second Language (ESL) instruction is developmental, not supplemental.
  • Parents do not have the right to decline their child's participation in an ESL program.
  • ESL instruction must be provided by a certified ESL teacher.  Bilingual instruction must be provided by a certified teacher with bilingual endorsement.

Required Language Arts for LEP/ELL


ESL Program
English Proficiency Level
Grades K-8
Number of Units* ESL
Grades K-8
Number of Units*
ELA
Grades 9-12
Number of Units*
ESL
Grades 9-12
Number of Units*
ELA
Beginning 2 - 3 -
Intermediate 2 - 2 -
Advanced 1 1 1 1

Bilingual/ESL Program
English Proficiency Level
K-8
# of Units*
ESL
K-8
# of Units*
NLA
K-8
# of Units*
ELA
9-12
# of Units*
ESL
9-12
# of Units*
NLA
9-12
# of Units*
ELA
Beginning 2 1 - 3 1 -
Intermediate 2 1 - 2 1 -
Advanced 1 1 1 1 1 1
*Each unit is 180 minutes per week.


New York State Assessments

  • LEP/ELL students my receive testing accommodations for all State exams except the NYSESLAT.  This also extends to form LEP/ELL students for up to 2 years.  Accommodations are listed in the School Administrators Manual for state assessments.
  • LEP/ELLs may use bilingual glossaries for all state assessments, except the NYSESLAT.  Order glossaries at the beginning of the school year for students' use during their classes and on local exams as well as for state assessments.
  • The NYSESLAT, administered annually,determines English proficiency of LEP/ELL studetnes and is ONLY criterion to determine proficiency.  Multiple measures may not be used.

Awarding Credit for Languages Other Than English (LOTE) to LEP/ELL


Schools may award LEP/ELLs the required credit for LOTE based on years of schooling in language other than English, either outside the U.S. or in a bilingual education program in the U.S.

Schools may award LEP/ELLs three to five Regents credit for documented continued school attendance and residence in an other-than-English speaking environment, provided that the experience occurs at age 11 or older and that the residence resulted in direct contact with that environment and its people.  At age 12, the school may award four credits under the above conditions, and at age 13, the school may award the maximum of 5 Regents credits.  No more than five units of credit of language other than English may be awarded for school attendance in an other-than-English speaking ennvironment, regardless of the length of experience.

In cases where there are no available records to document the schooling experience, schools may rely on information provided by the parents or guardians in the Home Language Questionnaire, on interviews with the student and his/her parent or quardian and on information gathered from a diagnostic assessment of the students' native language literacy skills.

For more information: NYSED Office of Foreign Language Studies

Guidelines for awarding ELA credit.


 

Last updated on 12/17/2013
Copyright 2014 OCM BOCES