Current through Register Vol. 46, No. 39, September 25, 2024
As used in this Subpart:
(a) Pupils with limited English
proficiency (or English language learners) shall mean
students who by reason of foreign birth or ancestry, speak a language other
than English and:
(1) either understand and
speak little or no English; or
(2)
score below a State designated level of proficiency, on the Language assessment
battery-revised (LAB-R) prior to February 1, 2014, or on the New York State
identification test for English language learners (NYSITELL) commencing
February 1, 2014 and thereafter, or on the New York State English as a second
language achievement test (NYSESLAT); provided, however, that no student shall
be served in a bilingual or English as a second language education program
pursuant to this Subpart for a period in excess of three years from the date of
enrollment in school unless such period is extended by the commissioner with
respect to an individual student in accordance with the provisions of
subdivision 2 of section
3204 of the
Education Law.
(b)
Initial identification is the process followed to determine if the student is
limited English proficient, at the time of the student's enrollment in the New
York State public school system for the first time or at the time of the
student's reentry into the New York State public school system with no
available record of prior screening, based upon such student scoring below a
State designated level of proficiency on the LAB-R prior to February 1, 2014,
or on the NYSITELL commencing February 1, 2014 and thereafter.
(c) Annual English language assessment is the
process followed to determine if a student with limited English proficiency
continues to be limited English proficient, based upon such student scoring
below a State designated level of proficiency on the NYSESLAT.
(d) For grades kindergarten through 12,
free-standing English as a second language program shall mean a program of
instruction composed of two components: a language arts instructional component
and a content area instructional component. Such instruction shall take into
account the first language and culture of such students.
(1) The language arts instructional component
shall include English language arts instruction and English as a second
language instruction. The learning standards for English language arts (ELA)
and English as a second language (ESL), and key ideas and performance
indicators for such standards, shall serve as the basis for the ELA and ESL
curriculums, respectively.
(i) English
language arts instruction shall be provided to students at the advanced level
of English language proficiency for a minimum of one unit of study or its
equivalent, divided into substantially equal daily allotments of instructional
time.
(ii) English as a second
language instruction shall be designed to develop skills in understanding,
speaking, reading, writing and communicating in English through the integration
of academic content appropriate for the pupil's age, grade level and English
language skills, and shall be provided in substantially equal daily allotments
of instructional time to:
(a) students in
grades kindergarten through eight at beginning and intermediate levels of
English language proficiency for a minimum of two units of study or its
equivalent;
(b) students in grades
kindergarten through eight at advanced levels of English language proficiency
for a minimum of one unit of study or its equivalent;
(c) students in grades nine through 12 at the
beginning level of English language proficiency for a minimum of three units of
study or its equivalent;
(d)
students in grades nine through 12 at intermediate levels of English language
proficiency for a minimum of two units of study or its equivalent;
(e) students in grades nine through 12 at an
advanced level of English language proficiency for a minimum of one unit of
study or its equivalent.
(2) The content area instructional component
shall provide grade and age level appropriate instruction in the required
content area subjects in English supported by English as a second language
methodologies, employed in a systematic and structured way, and shall be
designed to develop cognitive skills of English language learners.
(e) For grades kindergarten
through 12 bilingual education program shall mean a program of instruction
composed of two components: a language arts instructional component, and a
content area instructional component. Such instruction shall take into account
the first language and culture of such students.
(1) The language arts instructional component
shall include English language arts (ELA) instruction, native language arts
(NLA) instruction and English as a second language (ESL) instruction. The
learning standards for ELA and ESL, and key ideas and performance indicators
for such standards, shall serve as the basis for the NLA and ESL curricula.
(i) English language arts instruction shall
be provided to students at the advanced level of English language proficiency
for a minimum of one unit of study or its equivalent, divided into
substantially equal daily allotments of instructional time.
(ii) English as a second language (ESL)
instruction shall be designed to develop skills in understanding, speaking,
reading, writing and communicating in English through the integration of
academic content appropriate for the student's age, grade level and English
language skills. The time requirements for ESL instruction within a bilingual
education program shall be the same as those established for the ESL
instruction within a free-standing ESL program, as prescribed in subdivision
(d) of this section.
(iii) Native
language arts instruction shall be provided to students in a bilingual
education program for at least one unit of study or its equivalent and shall be
provided in substantially equal daily allotments of instructional
time.
(2) The content
area instructional component shall provide grade and age level appropriate
instruction in the required content area subjects in the native language and
English, in a systematic and structured way, and shall be designed to develop
the cognitive skills of English language learners.
(f)
Exception.
A school district, which is subject to a court order or
is a party to a preexisting agreement with an appropriate Federal agency
requiring programs substantially equivalent to or in excess of those required
under these regulations, will not be required to comply with these regulations
and will be in compliance with this Subpart as long as the district implements
the court order or agreement and fulfills all other requirements of this
Subpart which are not addressed by such court order or
agreement.
