1. Ensuring Equal Educational Opportunities for English Language Learners
Blueprint for English Language Learners Success and amended Commissioner’s Regulations Part 154
Adopted 9/15/2014
AMENDED COMMISSIONER’S REGULATIONS PART 154

2. Blueprint for ELL Success
The Blueprint aims to:
Clarify expectations for administrators, policy makers, and practitioners;
Provide a framework to prepare ELLs for success—beginning in Prekindergarten to lay the foundation for college and career readiness;
Provide guidance, resources, and supports to districts, schools, and teachers; and
Promote a better understanding and appreciation of Bilingual Education, English as a Second Language, and World Languages/Foreign Language Studies.
Office of Bilingual Education and Foreign Language Studies

3. Blueprint for ELL Success
The Blueprint is composed of the following 8 principles:
All teachers are teachers of English Language Learners (ELLs) and need to plan accordingly.
All schools boards and districts/school leaders are responsible for ensuring that the academic, linguistic, social, and emotional needs of ELLs are addressed.
Districts and schools engage all English Language Learners in instruction that is grade-appropriate, academically rigorous, and aligned with the New York State Prekindergarten Foundation for the Common Core and P- 12 Common Core Learning Standards.
Districts and schools recognize that bilingualism and biliteracy are assets and provide opportunities for all students to earn a Seal of Biliteracy upon obtaining a high school diploma.
EngageNY.org

4. Blueprint for ELL Success
8 Principles continued:
Districts and schools value all parents and families of ELLs as partners in education and effectively involve them in the education of their children.
District and school communities leverage the expertise of bilingual, ESL, and Language Other Than English (LOTE) teachers and support personnel while increasing their professional capacities.
Districts and school communities leverage ELLs’ home languages, cultural assets, and prior knowledge.
Districts and school use diagnostic tools and formative assessment practices in order to monitor ELLs’ content knowledge as well as new and home language development to inform instruction.
Office of Bilingual Education and Foreign Language Studies

5. Principle 1: All teachers are teachers of English Language Learners and need to plan accordingly:
Designing and delivering instruction that is culturally and linguistically appropriate for all diverse learners, including those with Individualized Educational Programs (IEP).
Providing integrated language and content instruction to support language development through language-focused scaffolds. Bilingual, ESL, and other content-area teachers must collaborate purposefully and consistently to promote academic achievement in all content areas.
Utilizing materials and instructional resources that are linguistically, age/grade appropriate, and aligned to the Common Core Learning Standards (CCLS).
Collaborating with school support personnel and community-based human resources in order to address the multiple needs of ELLs.
EngageNY.org

6. Principle 2: All schools boards and districts/school leaders are responsible for ensuring that the academic, linguistic, social, and emotional needs of ELLs are addressed:
Providing a clear vision for student success that includes high expectations for ELL student achievement and socio-emotional development, supported by a purposeful plan of action that provides multiple pathways to college and career readiness through high-quality programs that meet the needs of ELLs.
Providing high-quality instruction for ELLs.
Aligning and coordinating fiscal and human resources to ensure that the instructional plan is being effectively implemented.
Providing high-quality supports, feedback and direction to educators to improve their instructional practice.
Providing a safe and inclusive learning environment that recognizes and respects the languages and cultures of all students.
Ensuring districts and school leaders are trained in meeting the needs of ELLs in order to cultivate a school culture of high expectations.
Providing high-quality instructional and support services to ELLs with disabilities in alignment with their IEPs and current policies.
EngageNY.org

7. Articulating specific content and language objectives.
Principle 3: Districts and schools engage all English Language Learners in instruction that is grade-appropriate, academically rigorous, and aligned with the New York State Prekindergarten Foundation for the Common Core and P- 12 Common Core Learning Standards:
Articulating specific content and language objectives.
Integrating explicit and implicit research-based vocabulary instruction.
Providing opportunities for students to discuss content and problem-solve with peers.
Anchoring instruction by strategically using research-based practices (e.g., multimedia, visuals, graphic organizers, etc.).
Providing special education supports, services, accommodations and specially-designed instruction to meet the specific instructional needs of ELLs with disabilities .
Designing, selecting, and implementing a high-quality curriculum that meets the needs of Early Learning ELLs, and supports the New York State Prekindergarten Foundation for the Common Core.
Using academic language and content-area supports to strategically move ELLs along the language development continuum utilizing New York State Bilingual Common Core Progressions.
EngageNY.org

8. Principle 4: Districts and schools recognize that bilingualism and biliteracy are assets and provide opportunities for all students to earn a Seal of Biliteracy upon obtaining a high school diploma:
Opportunities to participate in language learning or language support programs that lead to proficiency in English and other languages.
Opportunities to use and develop academic language and content knowledge both in English and a language other than English, including the student’s home language.
Rigorous Bilingual Education programs for ELLs aimed at maintaining and developing the home language and attaining English proficiency as well as biliteracy.
Alternate pathways for those students whose home language is that which a Bilingual Education Program does not exist in a district due to the language’s low incidence.
EngageNY.org

9. Principle 5: Districts and schools value all parents and families of ELLs as partners in education and effectively involve them in the education of their children:
Providing parents with resources that enable them to make informed decisions about their children’s education.
Providing parents with all pertinent information about their rights and program choices in a language and format that parents can easily understand and access.
Providing training to parents in English and in their home language on effective strategies to support their children’s learning in and out of school.
Engaging parents as active participants, contributors and cultural liaisons to the school community.
Sharing with parents and family members the high expectations that schools have established for the education of all ELLs and engaging them in the pursuit and achievement of those expectations.
Collaborating with the school support personnel and immigrant community-based organizations in order to address the multiple needs of families of ELLs.
EngageNY.org

10. Principle 6: District and school communities leverage the expertise of Bilingual, ESL, and Language Other Than English (LOTE) teachers and support personnel while increasing their professional capacities:
Creating intentional learning opportunities for all teachers to collaborate and design instruction, analyze student work, and develop rigorous lessons.
Providing substantial and sustained opportunities for all teachers to participate in meaningful professional development that addresses the needs of ELLs, including home and new language development.
EngageNY.org

11. Principle 7: Districts and school communities leverage ELLs’ home languages, cultural assets, and prior knowledge:
Regarding home languages as instructional assets, and using them in bridging prior knowledge to new knowledge while ensuring that content is meaningful and comprehensible.
Using home languages and cultures of ELLs to promote diversity pursuant to the Dignity for All Students Act (NYS initiative, effective July 2013),
EngageNY.org

12. Using State assessments in conjunction with formative assessments.
Principle 8: Districts and school use diagnostic tools and formative assessment practices in order to monitor ELLs’ content knowledge as well as new and home language development to inform instruction:
Using State assessments in conjunction with formative assessments.
Using State language proficiency data (from the New York State English as a Second Language Achievement Test [NYSESLAT] and the New York State Identification Test for English Language Learners [NYSITELL]) to understand where ELLs are along the continuum of language development, and how to provide appropriate scaffolds for them according to their proficiency level.
Employing authentic assessments that require sophisticated uses of language embedded in authentic and rich content.
Utilizing appropriate tools to assess the needs and progress of ELLs with disabilities.
Utilizing analytical rubrics that provide feedback on content knowledge and language development.
Using home language assessments to inform instruction and demonstrate growth in Bilingual Education programs in which the home language is being used.
EngageNY.org

13. COMMISSIONER’S REGULATION PART 154
Commissioner's Regulation Part 154 establishes the legal requirements for the education of English Language Learners (ELLs) in New York State.
On September 15th, 2014, NYSED’s Board of Regents amended CR Part 154 into Subparts:
SUBPART 154-1: Describes the requirements for the school year. Essentially, the requirements are the same as in CR Part 154 (2007), but include changes in terminology.
SUBPART 154-2: Describes the new and expanded requirements of schools and school districts that are to be fully in effect as of the school year.
PROPOSED SUBPART 154-3: If adopted by the Board of Regents, will establish:
1) ELL Identification criteria for Students with a Disability; and
2) ELL Exit process and criteria for eligible Students with a
Disability.
COMMISSIONER’S REGULATION PART 154
The adopted Subparts update the nomenclature and terminology regarding ELLs, provide for enhanced services for ELLs, and provide greater clarity to the requirements.
NYSED BOARD OF REGENTS: SEPTEMBER 2014 AGENDA & MATERIALS
Proposed Addition of Subparts and of the Commissioner’s Regulations
(Subpart begins on Page 20.)
Proposed Amendments to Subpart of the Commissioner’s Regulations
(See Slide: Areas of Pending Regulation)
Proposed Addition of Subpart of the Commissioner’s Regulations

14. AREAS OF CR PART 154 REGULATION
ELL Identification
Parent Notification and Information
Retention of Records
ELL Program Placement
Program Requirements
Provision of Programs
Grade Span
Program Continuity
Students with Disabilities
ELL Exit Criteria
Intervention Support for ELLs
Former ELL Services
Graduation Requirements
Professional Development
Certification
School District Planning and Reporting Requirements
AREAS OF CR PART 154 REGULATION
These are all areas that CR Part 154 covers.
Some of these areas are pending. See Slide: Areas of Pending Regulation

15. IDENTIFICATION ELL IDENTIFICATION CR PART 154 EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
A three step ELL identification process by school staff, including:
administration of the Home Language Questionnaire;
an informal individual interview with the student; and
the administration of a statewide English language proficiency identification assessment.  
Current regulations do not define the qualifications of staff required to administer the identification process.
Implement a three step ELL identification process to ensure holistic and individualized decisions can be made by qualified personnel, including:
individual interview with the student;
administration of a statewide English language proficiency identification assessment.
Qualified personnel is defined as a Bilingual Education or ESOL teacher, or a teacher trained in cultural competency, language development and the needs of English Language Learners.
  IDENTIFICATION
Full Implementation
ELL IDENTIFICATION
Pedagogues are now required to administer the ELL Identification process and make the ELL determination.
“Qualified personnel” in specifically defined in Section (u) as:
a bilingual or English to Speakers of Other Languages teacher, certified pursuant to Part 80 of this Title, who is fluent in the home language of the student and parent or person in parental relation, or uses a qualified interpreter/translator of the language or mode of communication the student or parent or person in parental relation best understands, or
a teacher who is certified pursuant to Part 80 of this Title, and has been trained in cultural competency, language development and the needs of English Language Learners, and who is proficient in the home language of the student or parent or person in parental relation or uses a qualified interpreter/translator of the language or mode of communication the student or parent or person in parental relation best understands.

16. ELL IDENTIFICATION Cont’d
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Guidance documents define Students with Interrupted Formal Education, but do not clearly indicate that they should be identified as part of the identification process.
School districts are required to identify ELLs as Students with Interrupted/Inconsistent Formal Education (SIFE) as an additional part of the interview during the identification process. It includes a review of academic history and student work samples to determine level in home language and math. [ (a)(6)]
Current regulations do not provide the opportunity for a review process addressing possible ELL misidentification.
Upon receiving a written request within an ELL’s first 45 days of enrollment, school districts are required to implement a review process by qualified personnel to determine if a student may have been misidentified.
A review of ELL identification determination would commence upon written request by a parent, a teacher with the consent of the parent, or a student, if the student is 18 years old or older.
Before a change in ELL determination is final, parental consent, student consent if the student is 18 years or older, and principal and superintendent approval are required. [ (b)]
Full Implementation
Full Implementation
ELL IDENTIFICATION Cont’d
Through this new process of reviewing the students academic history, work samples, and a locally-generated math assessment the individual interview with the student will be able to collect important information such as prior schooling, home situation, home language literacy level, and math level. When possible, it is to be conducted in the student’s home language. This process will not only determine if the student is an ELL, but whether s/he is a Student with Inconsistent/Interrupted Formal Education (SIFE), and will inform what type of instructional services the student will receive.
A Student with Inconsistent/Interrupted Formal Education (SIFE) is an ELL, who, upon initial enrollment:
attended schools in the United States (the 50 States and the District of Columbia) for less than twelve months, and
two or more years below grade level in literacy in his/her home language and/or math due to inconsistent or interrupted schooling prior to arrival in the United States. [ (a)(6)]
The Review of Identification Determination is an intensive and rigorous process carried out by qualified and prescribed personnel that provides school districts with a mechanism to ensure appropriate ELL program placement to correct possible ELL misidentification. It gives school districts the ability to correct possible errors during the identification process. It initiated within 45 school days of a student’s placement by a written request from a parent, or from a teacher with the parent’s consent. The Review of Identification Determination process is outlined in Section (b).

17. PARENT NOTIFICATION AND INFORMATION
RETENTION OF RECORDS
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations do not require school districts to maintain records of a parent’s preferred language or mode of communication, or records of notices and forms generated during the identification and placement process in ELL student’s cumulative record.
 School districts are required to 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.
   
PARENT NOTIFICATION AND INFORMATION
Current regulations require school districts to make an effort to meet with parents or persons in parental relation at least twice a year to help them understand the goals of the program and how they might help their children.
Parent notification and communication is required to be in the language best understood by the parents as indicated and on file in each ELL student’s cumulative record.
School personnel is required to 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.
Full Implementation
Full Implementation
RETENTION OF RECORDS
The requirements outlined in the Retention of Records section was requested by many school districts because some of the ELL population can be highly transient; with ELL students attending various NYS schools. Collecting, maintaining, and transferring the necessary documents in a student’s cumulative record provides school districts with the opportunity to avoid inadvertently duplicating the ELL Identification process, and potentially misidentifying students. It will also ensure program continuity.
PARENT NOTIFICATION AND INFORMATION
A school district is required to refer to district-maintained records indicating parents’ preferred language and mode of communication to provide parents with qualified interpreters/translators during any interaction with parents, including correspondences. District-provided interpretation/translation services are explicitly specified in CR Part during the identification process, parent orientation, notification of placement, and annual parent meetings [ (c)] Translation requirements are also stated in Part 100.
The current parent-teacher meeting does not satisfy this additional meeting requirement which focuses on the student’s language and academic development. However, districts have flexibility to determine the most effective manner of conducting these parent meetings given local scheduling needs, collective bargaining agreements, etc. [ (f)(5)]

18. PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
ELL PROGRAM PLACEMENT
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current guidance calls for placement in a Bilingual Education / ESL program within 10 school days after initiating the identification process.
ELL identification, parent notification, signed consent, and placement in a Bilingual Education or ENL/ESL program is required to take place within 10 school days after initiating the identification process. [ (g)(1)]
   
Current regulations do not require school districts to complete the identification process before an ELL student receives a final school placement.
School districts are required to complete the identification process before an ELL student receives a final school placement. A student is to be provisionally placed in a school until the identification process is completed. [ (a)(8)]
PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
Current regulations require school districts to provide English as a Second Language instruction through a Stand-Alone model only.
English as a New Language instruction is required to be offered through two settings:
Integrated ENL/ESL (ESL methodologies in content area instruction co-taught or individually taught by a dually certified teacher);
and
Stand-Alone ENL/ESL (ESL instruction with an ESOL teacher to develop the English language needed for academic success). [152.2(m)and(x)]
Full Implementation
ELL PROGRAM PLACEMENT
School districts are required to carry out the ELL identification process at a central level before the child is assigned a school. This pertains more to larger school districts where students may arrive throughout the school year outside official enrollment period when placements have already been made. In New York City, these new registrants are called Over the Counter students. The rationale behind this requirement is to avoid parents being sent from school to school searching for a program prior to their child being identified as an ELL.
PROGRAM REQUIREMENTS AND PROVISION OF PROGRAMS
School districts are now required to provide a combination of Integrated ENL/ESL and Stand-Alone ENL/ESL. Integrated ENL/ESL can be implemented through a co-teaching model, with one content area certified teacher and one ESOL certified teacher, or through the use of an individual teacher dually certified in a content area and ESOL.
The ENL/ESL program enables ELL students to accumulate high school credits in content areas that count toward credit requirements for graduation while meeting the ENL requirements. Therefore, the ENL/ESL program now provides ELLs an opportunity to graduate in a shorter period of time. Ultimately, this change in the regulations has the potential to positively impact graduation rates for ELLs.
Full Implementation

19. PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS Cont’d
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations require each school with 20 or more ELL students of the same grade who speak the same home language to provide a Bilingual Education program.
Each school with 20 or more ELL students of the same grade who speak the same home language continues to be required to provide a Bilingual Education program. [ (d)(4)]
Current regulations do not require districts to conduct an annual estimate of ELL enrollment, nor 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.
School districts are required to annually estimate 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 district wide of the same grade level who speak the same home language. [ (d)(1)]
New Bilingual Education programs are not to be placed in a school identified as a School Under Registration Review or as a Focus or Priority School. [ (d)(3)]
A school 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. [ (d)(6)]
Full Implementation
Full Implementation
PROGRAM REQUIREMENTS AND PROVISION OF PROGRAMS Cont’d
School buildings with 20 or more ELL students in the same grade who speak the same home language continue to be required to provide Bilingual Education programs.
Under the amended regulations, school districts are required to estimate ELL enrollment before the end of school year in order to plan effectively for the provisions of Bilingual Education programs when there are 20 students throughout the school district of the same grade level who speak the same home language.
School districts will have to plan ahead to determine which type of bilingual program will be created in the school district depending on their demographics. Consideration must be also be made to proximity of population and district-provided transportation (ie. busing.) For example, if Dual Language is selected as the most appropriate program, the school district may want to select a location that accommodates ELLs and non-ELLs depending on the model.
A school district will be allowed to apply for a one year Bilingual Education program waiver for languages that represent less than 5% statewide, which currently represents every language other than Spanish and Chinese. The waiver application must include efforts made to open the program, as well as future operational plans.
This one-year exemption request can be extended annually for up to five years.

20. GRADE SPAN PROGRAM CONTINUITY
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations do not address grade span or program continuity.
The maximum allowable grade span is two contiguous grades for grouping instruction in ENL/ESL and Bilingual Education programs. [ (i)]
PROGRAM CONTINUITY
Current regulations do not address program continuity.
Districts are required to provide program continuity so that ELLs can continue to receive the program type (Bilingual Education or ENL/ESL) in which they were initially enrolled. [ (e)]
In order to ensure program continuity, schools are required to continue providing a Bilingual Education program if at least 15 students who speak the same home language were enrolled in such a program in the previous school year. [ (e)]
Full Implementation
GRADE SPAN
Research shows that language instruction must be delivered in the context of academic content. Appropriate academic language instruction must be tied to grade-level content.
See New York State Bilingual Common Core Initiative: Theoretical Foundations.
Also see Blueprint for English Language Learner Success. Principle 1 states, “All teachers are teachers of English Language Learners, and need to plan accordingly by providing integrated language and content instruction to support language development through language-focused scaffolds…utilizing materials and instructional resources that are linguistically, age/grade appropriate, and aligned to the Common Core Learning Standards (CCLS).”
PROGRAM CONTINUITY
The adopted regulation requires school districts to provide Bilingual program continuity. In order to ensure program continuity, schools need to 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 school year. Research has shown that students that change programs do not do as well as does that have continuity of programs.
Full Implementation

21. ELL EXIT CRITERIA CR PART 154 EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations only allow students to exit ELL status through one criterion:
scoring proficient on the statewide English language proficiency assessment.
Exit criteria has expanded to allow qualified students to exit ELL status by:
OPTION 1) Scoring at the Proficient/Commanding level
on the NYSESLAT [ (m)(1)(i)]
OPTION 2) Scoring at the Advanced/Expanding level on
the NYSESLAT,
-and-
 3+ on a grade 3-8 ELA Assessment,
-or-
 65 + on the Regents Exam in English
[ (m)(1)(ii)]
OPTION 3) Please see Areas of Pending Regulation:
Students with Disabilities. [ (m)(2)]
Full Implementation
ELL EXIT CRITERIA
School districts now have the ability to consider 3-8 ELA and Comprehensive Regents scores in addition to NYSESLAT scores to exit ELL status.
This is an opportunity for students to demonstrate proficiency through different pathways.
See Slide: Areas of Pending Regulation - Students with Disabilities for Proposed Subpart If adopted by the Board of Regents, Proposed Subpart would expand ELL Exit Criteria even further.

22. INTERVENTION SUPPORT FOR ELLS
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations do not require school districts to annually identify ELLs not demonstrating adequate performance or provide appropriate support services to achieve and maintain academic success.
Districts are required to annually identify ELLs not demonstrating adequate performance and provide additional support services aligned to district wide intervention plans. [ (j)]
FORMER ELL SERVICES
Current state and federal guidance calls for school districts to provide one to two years of support services to students who exit out of ELL status (Former ELLs).
School districts are required to provide at least two years of Former ELL services to support students who exit out of ELL status including:
A half unit of study of Integrated
ENL/ESL in ELA, Math, Science or Social
Studies,
~and/or~
With OBEFLS approval, other services
that monitor and support each Former
ELL’s language development and
academic progress.
[ (h)(1)(v)] and [ (h)(1)(v)]
Full Implementation
Full Implementation
INTERVENTION SUPPORT
All students in New York State, including ELLs, regardless of their English language proficiency level are entitled to Academic Intervention Services such as RTI.
School districts are required to annually identify ELLs not demonstrating adequate performance and provide additional supports aligned to district-wide intervention plans. This is very important in order to ensure that ELLs are receiving adequate support that will allow them to make academic progress.
FORMER ELL SERVICES
As well as language development support in the form of Former ELL Services, during their first two years of exiting ELL status, Former ELLs also continue to receive prescribed accommodations on state assessments.
With OBEFLS approval, school districts have flexibility on the provision of Former ELL services.

23. PROFESSIONAL DEVELOPMENT
CR PART 154
EXISTING REGULATION
SUBPARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations require in-service training to all personnel providing instruction or other services to ELLs, but do not require specific types of professional development beyond the general requirement of 175 hours of professional development over 5 years.
School districts are required to ensure that a prescribed percentage of Professional Development hours be specific to the needs of ELLs, co-teaching strategies, and integrating language and content instruction:
15% total hours ELL-specific PD for
All Teachers
~and~
50% total hours ELL-specific PD for
Bilingual Education and ENL/ESL
teachers
Full Implementation
PROFESSIONAL DEVELOPMENT
As stated in NYSED’s recently released Blueprint for ELL Success, ALL teachers are teachers of ELLs.
See
15% of the 175 required professional development hours for all teachers is required to be dedicated to ELL-specific PD.
Professional development should be aligned with other PD. For example, ELLs and Common Core.
See Slide: Areas of Pending Regulation: Professional Development

24. SCHOOL DISTRICT PLANNING AND REPORTING
CR PART 154
EXISTING REGULATION
SUB-PARTS & 154-2
ADOPTED REGULATION
TIMELINE
Current regulations require school districts to provide information in plans regarding programs for ELLs, information provided to parents, methods to annually measure and track ELL progress, and systems to identify, assess, and exit students from ELL status.
School districts are required to provide additional information in comprehensive plans regarding programs for subpopulations of ELLs, information provided to parents in the languages they best understand, methods to annually measure and track ELL progress, and systems to identify, assess, and exit students from ELL status. [ (b)]
Current regulations do not require school districts to report ELL program information for subpopulations of ELLs or by languages spoken in the school district. Current regulations do require school districts to provide information in reports regarding programs for ELLs, information provided to parents, methods to annually measure and track ELL progress, and systems to identify, assess, and exit students from ELL status
School districts are required to provide additional information in reports regarding programs for subpopulations of ELLs including program information, if offered, by subpopulations and languages spoken in the school district. [ (c)]
Full Implementation
SCHOOL DISTRICT PLANNING AND REPORTING
School districts are currently required to provide information regarding programs for ELLs and information provided to parents. The only difference now is that we are requiring that they report programs and languages that reflect subpopulations: Newcomers, Developing ELLs, Long-Term ELLs, Students with Interrupted Formal Education (SIFE), Former ELLs, and ELLs with Disabilities.
Definitions of subpopulations can be found in Section
Full Implementation

25. STUDENTS WITH DISABILITIES ADOPTED AMENDMENT ON NOVEMBER 17, 2014
CR PART 154
EXISTING
REGULATION
SUBPART 154-3
ADOPTED AMENDMENT ON NOVEMBER 17, 2014
PROPOSED
TIMELINE
Current regulations do not provide a mechanism for school districts to consider the implications of Students with Disabilities in the ELL identification and exit processes.
Adopted Subpart regulations establishes:
Identification criteria to determine whether, and if so, which accommodations. If any, a Student with a Disability uses during administration of the NYSITELL; and
ELL Exit process and criteria for eligible Students with a Disability.
Full Implementation
STUDENTS WITH DISABILITIES
The intent of this proposed Subpart regulation is to create a mechanism for school districts to change eligible students’ ELL designation by providing an alternate method for Students with a Disability who should no longer be deemed to be English Language Learners. Eligible students may have been originally misidentified by the LAB-R/NYSITELL due to their disability not allowing them to adequately demonstrate their English language proficiency.
If adopted, the IEP/CSE team would determine which assessment path eligible students should take. The IEP/CSE team may determine if an ELL Student with a Disability takes the NYSESLAT with accommodations, without accommodations, or completes an alternate English language proficiency assessment process as required and approved by the US Department of Education. After reviewing the assessment results, the Language Proficiency Team (LPT) would make the final determination to continue or discontinue a Student with Disability’s ELL designation.
Proposed Subpart ELLs with Disabilities can be found on pgs of the New York State Register at

26. AREAS OF PENDING REGULATION
Parent Notification and Information
Professional Development
Graduation Requirements
Prospective Teacher Certification
Certification and Seniority Protection
AREAS OF PENDING REGULATION

27. PARENT NOTIFICATION & INFORMATION
CR PART 154
EXISTING
REGULATION
SUBPARTS
154-1 &
ADOPTED REGULATION
SUBPART 154-2
AMENDED
TIMELINE
Current regulations state that an ELL is required to be placed in a program within 10 days, and the parent is required to be notified.
Upon written notification of a parent receiving his/her child’s placement in a Bilingual Education or ENL/ESL program, the parent has 5 days to sign and return a statement indicating parental consent. If the signed notification statement is not returned, the student will be placed in a Bilingual Education program, with the parent retaining the right to make the final program placement decision.
Proposed change from 5 to 10 days for parents to return signed notification and consent to Bilingual Education or ENL/ESL program placement.
Full Implementation
PARENT NOTIFICATION & INFORMATION
[Section (f)(3)]
A Bilingual Education program is required to already be in place before a parent can opt his/her child out of it.

28. PROFESSIONAL DEVELOPMENT
CR PART 154
EXISTING
REGULATION
SUBPARTS
154-1 &
ADOPTED REGULATION
SUBPART 154-2
AMENDED
TIMELINE
Current regulations require in-service training to all personnel providing instruction or other services to ELLs, but do not require specific types of professional development beyond the general requirement of 175 hours of professional development over 5 years.
School districts are required to ensure that at least 15% of professional development hours for all teachers, and 50% for Bilingual Education and ENL/ESL teachers be specific to the needs of ELLs, co-teaching strategies, and integrating language and content instruction for ELLs.
Proposed change to allow for school districts to annually seek permission from the Commissioner for a one year waiver from the 15%~50% PD requirements if ELL enrollment makes up less than 5% of the school district’s total student population, and the school district provides evidence that the district’s PD plan meets the needs of its ELLs, co-teaching strategies, and integrating language and content instruction for its ELLs.
Full Implementation
PROFESSIONAL DEVELOPMENT
[Section (k)]
OBEFLS has proposed an amendment to allow for school districts with an ELL student population of less than 5% to have the option to apply for a waiver of the prescribed 15%~50% professional development requirement. In applying for this PD waiver, a school district is required to demonstrate how its professional development plan supports its teachers to meet the needs of their ELL students.
This proposed amendment is in process, and has yet to be adopted by the Board of Regents.

29. GRADUATION REQUIREMENTS
CR PART 154
EXISTING
REGULATION
SUBPARTS
154-1 &
ADOPTED REGULATION
PART 100 AMENDED
TIMELINE
Current regulations do not allow for additional graduation requirement options for ELLs who enter the United States in 9th grade or above.
Separate rule making which requires regulatory amendments to Part 100.
Proposed amendments to Part 100 regulations to allow for ELLs who entered the school system in 9th grade or above, to be eligible to appeal to graduate with a Local diploma by:
Meeting the appeal conditions available to all students, and
Scoring between on the Regents Exam in English.
GRADUATION REQUIREMENTS
A Regents Item has been prepared for proposed rule making for the October Board of Regents Meeting. If adopted, this will create an additional pathway for ELLs to graduate with a local diploma. The proposed regulation goes above and beyond by specifying that ELA is a challenge. Therefore, for ELLs, a score of on the Regents exam in English has been added for ELLs in the appeals process.

30. PROSPECTIVE TEACHER CERTIFICATION
CR PART 154
EXISTING
REGULATION
SUBPARTS
154-1 &
ADOPTED REGULATION
PART 80
PROPOSED
AMENDMENT
TIMELINE
Current regulations do not require prospective teachers to complete coursework on ELL instructional needs, co-teaching strategies, and integrating language and content instruction for ELLs.
Separate rule making which requires regulatory amendments to Part 80.
Proposed amendments to Part 80 will require all prospective teachers to complete coursework on ELL instructional needs, co-teaching strategies, and integrating language and content instruction for ELLs.
PENDING
PROSPECTIVE TEACHER CERTIFICATION
NYSED has an Intensive Teacher Institute (ITI program) where SED provides financial support for teachers to obtain a Bilingual Education extension or ESOL certification. As of January 2015, seven ITI programs are anticipated throughout the state. Program specifics will be made available when OBEFLS gets approval to release them.
As stated in NYSED’s recently released Blueprint for ELL Success, ALL teachers are teachers of ELLs. Teachers may not have ELLs now, but will surely have them in the future.
See
In a future rule making, OBEFLS will be proposing that all pre-service teachers receive the proper coursework on ELL instructional needs.

31. CERTIFICATION AND SENIORITY PROTECTION
CR PART 154
EXISTING
REGULATION
SUBPARTS
154-1 &
ADOPTED REGULATION
PROPOSED STATUTORY CHANGE AND PART 80 AMENDMENT
PROPOSED
TIMELINE
Current regulations do not provide certification areas for bilingual teaching assistants.
Nor do they provide tenure or seniority protection areas for bilingual teaching assistants, bilingual teachers and ESOL teachers.
Separate rule making which requires statutory change and regulatory amendments to Part 80.
Proposed statutory change and amendments to Part 80 will create:
certification areas for bilingual teaching assistants; and
tenure and seniority protection areas for bilingual teaching assistants, Bilingual Education teachers and ESOL teachers.
PENDING
CERTIFICATION AND SENIORITY PROTECTION
Amendments to Part 80 will allow school districts to create certification areas for bilingual teaching assistants, and tenure and seniority protection areas for bilingual teaching assistants. It is unfortunate that school districts may have to lay off teaching assistants that may be the only bilingual personnel a school has to support ELL students and families.
See document: Tenure and Seniority Protections for Bilingual and English to Speakers of Other Languages Teachers and Teaching Assistants

32. New York State Education Department Initiatives for English Language Learners
Commissioner’s Regulation Part 154
Blueprint for ELL Success
Seal of Biliteracy
ELL Curriculum
Students with Interrupted Formal Education
Native Language Arts (NLA)
ELL Scaffolds
Math Translations (5 languages)
ELL Leadership Council
Students with Interrupted Formal Education Initiatives
Bridges
Identification material
Resources
Assessments
NLA assessment
NYSITELL
NYSESLAT
Videos