New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter I - Scholarships and Grants
Part 154 - Services for Pupils with Limited English Proficiency
Subpart 154-2 - Services for English Language Learners for Programs Operated in the 2015-2016 School Year and Thereafter
Section 154-2.4 - School district assurances and reporting

Universal Citation: 8 NY Comp Codes Rules and Regs § 154-2.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Assurances.

Prior to the start of each school year, each school district shall submit to the commissioner the following assurances, signed by the superintendent or his or her designee and in a form and by a date specified by the commissioner:

(1) English language learners have access to appropriate instructional and support services, including guidance programs pursuant to section 100.2(i) of this Title;

(2) English language learners have equal opportunities to participate in all school programs and extracurricular activities as non-English language learners;

(3) English language learners are offered bilingual education and/or English as a new language programs, as required by section 154-2.3(h) of this Subpart;

(4) the district provides the requisite number of bilingual education programs as prescribed in section 154-2.3(d) of this Subpart, or has received a one-year exemption under section 154-2.3(d) of this Subpart and is actively recruiting qualified staff for such programs;

(5) parents or other persons in parental relation of English language learners receive orientation and notification about program types, as prescribed in section 154-2.3(f) of this Subpart;

(6) English language learners are given the requisite amount of English as a new language and home language arts instruction as prescribed in section 154-2.3(h) of this Subpart;

(7) teachers in the district's bilingual education and English as a new language programs are appropriately certified pursuant to Part 80 of this Title;

(8) teachers of English language learners receive the requisite number of in-service professional learning, as prescribed in section 154-2.3(k) of this Subpart and Part 80 of this Title;

(9) the district will comply with the requirements of this Part and the provisions of the Education Law governing programs for students designated as English language learners;

(10) the programs for English language learners will be administered in accordance with applicable Federal and State law and regulations and the district's comprehensive plan as described in subdivision (b) of this section.

(b) Plan.

Prior to the start of each school year, each school district shall develop a Subpart 154-2 of this Part comprehensive plan in a form specified by the commissioner. Such plan shall be submitted to the commissioner prior to the start of each school year by a date specified by the commissioner. Each plan shall include the following:

(1) the district's philosophy regarding the education of its English language learners, including but not limited to program types offered in the district, including programs, if they exist and/or instructional practices, specifically for subpopulations of English language learners (students with inconsistent/interrupted formal education, English language learners with disabilities, newcomer English language learners, developing English language learners, long-term English language learners, and former English language learners), and an explanation of the supporting research for each program as well as the goals and strategies of each program;

(2) the district's administrative practices to screen, identify and place English language learner in appropriate programs, as well as identify students with inconsistent/interrupted formal education, English language learners with disabilities, newcomer English language learners, developing English language learners, long term English language learners, and former English language learners;

(3) the district's plan to provide parents and other persons in parental relation with information about all bilingual education and English as a new language programs available in the district as well as information and notices regarding program placement and the rights of such parents or persons in parental relation, in the language or mode of communication that parents and persons in parental relation best understand;

(4) the district's system to annually measure and track the academic progress and English language proficiency of English language learners and use of data to drive instruction;

(5) the district's curricular and extracurricular services provided to English language learners;

(6) the district's administrative practices to annually evaluate English language learners;

(7) the district's procedure to identify support services for English language learners as prescribed in section 154-2.3(i) of this Subpart that are aligned with any intervention plans the school district is already providing to all students, including the district's services, programs and supports, if they exist and/or instructional practices, for students with inconsistent/interrupted formal education, English language learners with disabilities, newcomer English language learners, developing English language learners, long-term English language learners, and former English language learners; and

(8) the district's policies and procedures regarding English language learners who are students with disabilities are consistent with the requirements of this Subpart and Subpart 154-3 of this Part.

(9) the district's procedures to exit English language learners and students with inconsistent/interrupted formal education;

(10) the district's services to support former English language learners, as prescribed in section 154-2.3(h)(1)(v) and (2)(v) of this Subpart.

Each school district shall annually submit to the commissioner a data and information report in such form(s) and pursuant to such timeline(s) prescribed by the commissioner. The report must include the following:

(1) a summary of the number of ELL students in the district, disaggregated by grade level, home language and by program type;

(2) a report by building of the number of ELL students identified in the preceding school year by grade level, home language and program type;

(3) a report by building of the number of ELL students, if any, who have not received either bilingual education or English as a new language instruction, and the reason such students did not receive such instruction as required by section 154-2.3(g) and (h) of this Subpart;

(4) a summary of the number of students with inconsistent/interrupted formal education, English language learners with disabilities, newcomer English language learners, developing English language learners, long-term English language learners, and former English language learners by grade level, home language and program type;

(5) a summary of annual English language proficiency assessment, English language arts and mathematics outcomes by subpopulation (students with inconsistent/interrupted formal education, English language learners with disabilities, newcomer English language learners, developing English language learners, long-term English language learners, and former English language learners) by grade level;

(6) a summary of the number and qualifications of teachers and support personnel providing services to ELLs; and

(7) the expenditure of State, local and Federal funds in the prior year on programs and services for ELLs;

(8) a summary of all students for whom the district has requested a request for extension of services, as defined in, section 154-2.2(f) of this Subpart. Such summary must include the name of all such students, including but not limited to transfer students and graduates from grades six, eight or nine. Such summary need not include students who scored proficient/commanding on the annual English language proficiency assessment, students discharged from the New York State public school system, students who have graduate from high school, or students enrolled in nonpublic schools.

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