Fact Sheet 15-7 - NYS Requirements for Bilingual Education and English as a New Language Programs

REVISED: December 2017.

Background

At its September 2014 meeting, the Board of Regents adopted amendments to Part 154 of the Commissioner’s Regulations regarding Bilingual Education and English as a New Language (ENL) Programs.  These amendments require school districts to provide English Language Learners (ELLs) with opportunities to achieve the same educational goals and standards established for all students.

Subpart 154-1 describes school district responsibilities, effective October 2014, for Bilingual Education and ENL programs during the 2014-2015 school year. Subparts 154-2 and -154-3 describe program and service requirements for English as a New Language programs with which school districts must comply, effective as of the 2015-2016 school year.

NYSUT urges local leaders and appropriate teaching staff to work closely with district administrators to develop and implement the district’s required comprehensive Part 154 Bilingual Education/ENL plan which must be submitted to SED prior to the start of the school year.  Similarly, according to Part 100.2(dd) of the Regulations, each school district’s professional development committee should design a professional development plan that supports the education of ELL students, including co-teaching strategies and the integration of language and content area instruction. This Fact Sheet has been organized in a chart format to present in a more user-friendly manner the changes made to the programs and services that school districts must provide to ELL students.  This information is consistent with recent guidance published by the SED, available at http://www.p12.nysed.gov/biling/resource/cr-part-154/units-of-study-tables.html. See the complete Regulations at: http://www.nysed.gov/bilingual-ed/regulations/regulations-concerning-english-language-learnersmultilingual-learners

NYSUT staff can assist you in addressing questions and issues related to these State requirements.  Please contact Susan Lafond at 1-800-342-9810 ext. 6521 or Susan.Lafond@nysut.org if you need assistance or to suggest additional resources that NYSUT should develop to support educators’ efforts in implementing these requirements.

Resources on English Language Learners

·      NYSUT's ELT offers graduate courses and seminars for educators on a number of topics related to ELLs including culturally responsive classrooms, language acquisition and learning, academic language, and instructional supports. This coursework could be used to satisfy the new professional development requirements that must now be incorporated into school district professional development plans. elt.nysut.org

·      Colorín Colorado, an educational service of WETA with major funding from the American Federation of Teacher and the National Education Association offers a wealth of web-based bilingual, research-based information, activities, and advice for educators and families of English language learners. http://www.colorincolorado.org/

·      The Regional Bilingual Education-Resource Networks (RBE-RN) provide professional development and technical assistance to educators in New York State and are funded through grants from NYSED's Office of Bilingual Education-Foreign Language Studies. RBE-RNs provide regionally-based resources to districts/school to improve their instructional programs and practices for ELLs. More information about RBE-RNs and a current directory is on the NYSED website: http://www.nysed.gov/bilingual-ed/schools/regional-supportrberns

·      New York State Teachers of English to Speakers of Other Languages (NYS TESOL): NYS TESOL is an association of professionals concerned with the education of English language learners at all levels of public and private education in New York State. Their interests include classroom practices, research, program and curriculum development, employment, funding, and legislation. http://www.nystesol.org/

·      New York State Association for Bilingual Education (NYSABE): NYSABE is a professional organization that seeks to ensure equitable educational opportunities for NYS’s ELLs, through the implementation of Bilingual Education programs. http://nysabe.net/

Definitions of Key Terms

Annual English language proficiency assessment means the New York State English as a Second Language Assessment Test (NYSESLAT), determined by the Commissioner, as the process followed to annually assess the English language proficiency of an English language learner (ELL). This assessment shall be among the criteria used to determine if a student continues to be classified as an ELL.

Bilingual Education program means a research-based program comprised of three components: (1) a language arts instruction component, including Home Language Arts and English Language Arts; (2) an English as a New Language (ENL) component; and (3) a bilingual content area instructional component (including all bilingual content areas, i.e. math, science, and social studies, depending on the Bilingual Education program model and the student's level of English language development, but must at a minimum include at least two bilingual core content areas, i.e. math, science, and social studies).

Developing English Language Learners means students who have been identified as English language learners under this Part and have received English as a New Language (ENL) instruction, as a component of their Bilingual Education or English as a New Language (ENL) program, for a total of four (4) to six (6) continuously enrolled school years in the United States (the 50 States and the District of Columbia).

English as a New Language (ENL) program shall mean a research-based program for English language learners (ELLs) comprised of two components: a content area instructional component in English (including all core content, i.e. English language arts, math, science, or social studies) with home language supports and appropriate scaffolds, and an English language development component (Stand-alone and/or Integrated English as a New Language).  The instructional component of an ENL program was also known as English as a Second Language (ESL).

English as a Second Language (ESL) shall mean research-based instruction for English language learners (ELLs) including the modalities of listening, speaking, reading, and writing.

English to Speakers of Other Languages (ESOL) shall mean the certification area of teachers who may instruct ELL students in ENL programs.

English Language Learners (ELLs) shall mean students who, by reason of foreign birth or ancestry, speak or understand a language other than English and speak or understand little or no English, and require support in order to become proficient in English and are identified pursuant to section 154-2.3 of this Subpart; provided, however, that no student shall be served in a Bilingual Education or English as a New Language program pursuant to this Part for a period in excess of three school years from the date of initial enrollment or reentry in a New York State public 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 Education law.

English Language Learner Subpopulations shall mean Newcomer, Developing, Long-Term and Former English Language Learners, English Language Learners with Disabilities and Students with Inconsistent/Interrupted Formal Education as defined in this section.

Former English Language Learners shall mean students who had been identified as English language learners (ELLs) and subsequently exited from ELL status pursuant to section 154-2.3(m) of this Subpart.

Integrated English as a New Language (Integrated ENL), as defined by Section 154-2.2(m), shall mean a unit of study or its equivalent in which students receive core content area (English language arts, math, science or social studies) and English language development instruction.  In an Integrated ENL setting, instruction can be provided by one dually certified ESOL teacher with common branch or content-area teacher certification, or provided by two individually certified teachers, who collaborate to plan and deliver instruction and assessment through a co-teaching model.  Thus, co-teaching is not synonymous with push-in service in a general education classroom.

Language Proficiency Team (LPT) shall mean a committee comprised of the school principal, the student’s teacher, the student’s ENL and/or bilingual education teacher, the student’s parent or guardian, the student (if 18+ years old), an interpreter or translator, and other members of the Committee on Special Education, if the student has a disability or is suspected of having a disability that may impact the ability to understand, speak, read, or write in English.

Long-term English Language Learners shall mean students who have been identified as English language learners under this Part and have received English as a New Language instruction, as a component of their Bilingual Education or ENL program, for a total of seven (7) or more continuously enrolled school years in the United States (the 50 States and the District of Columbia).

Newcomer English Language Learners shall mean students who have been identified as English language learners under this Part and have received English as a New Language (ENL) instruction, as a component of their Bilingual Education or English as a New Language (ENL) program, for a total of zero (0) to three (3) continuously enrolled school years in the United States (the 50 States and the District of Columbia).

Qualified interpreter/translator shall mean a person who is fluent in the language in which he or she is communicating and in English, has a demonstrated ability to employ the mode of interpretation appropriate to the given situation (e.g.. simultaneous interpretation for hearings or large-group parent meetings), and has received training in specialized issues such as confidentiality and any applicable technical vocabulary. School staff meeting these criteria, such as teachers certified in Bilingual Educators or English to Speakers of Other Languages (ESOL) certified pursuant to Part 80 of this Title, may be qualified to serve as interpreters or translators.

Stand-alone English as a New Language (Stand-alone ENL) shall mean a unit of study or its equivalent in which students receive instruction in order to acquire the English language needed for success in core content courses. A student shall not receive Stand-alone ENL in lieu of core content area instruction.

Students with Inconsistent/Interrupted Formal Education shall mean English language learners who have attended schools in the United States (the 50 States and the District of Columbia) for less than twelve months and who, upon initial enrollment in such schools, are two or more years below grade level in literacy in their home language and/or two or more years below grade level in Math, due to inconsistent or interrupted schooling prior to arrival in the United States (the 50 States and the District of Columbia).

Unit of Credit shall mean one (1) unit of high school credit. New York State requires 22 units of credit in particular subject areas in order to earn a local or Regents high school diploma.

Unit of Study or Its Equivalent shall mean at least 180 minutes per week of instruction throughout the school year or the equivalent.

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Revised December 2017
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