Implementation of New CR Part 154 to Ensure High Quality Education for English Language Learners

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1 Implementation of New CR Part 154 to Ensure High Quality Education for English Language Learners Milady Baez, Deputy Chancellor Elieser De Jesus, Senior Director of ELL Instruction and Technical Support Richard Bellis, Senior Director of Policy and Compliance Spring 2015 (updated ) Department of English Language Learners and Student Support

2 NOTE As the NYCDOE implements the new NYSED CR Part 154, there may be additional updates, which will be posted on DELLSS website and reflected in this presentation. 2

3 What governs ELL education? Lau vs. Nichols ASPIRA Consent Decree Rules Governing ELL Education CR Part 154 Title III 3

4 What is CR Part 154? NYSED s Commissioner s Regulations (CR) 154 are the regulations and policy that govern education to English language learners. 4

5 Why were changes made? CR Part 154 has not changed significantly over the past 25+ years. However, NYS ELL population and needs has experienced significant changes. Over the past 10 years, NYS ELL student enrollment has increased by 20%. > According to the U.S. Department of Education, ELL student enrollment has increased by 18% nationally. 5

6 Why were changes made? New York State Over 230,000 ELLs make up 8.9% of the total public student population 61.5% of ELL students have Spanish as their home language. New York City Over 150,000 ELLs make up 14.8% of the total public student population. 62.4% of ELL students have Spanish as their home language. 41.2% of ELL students were born outside of the United States. 48% of ELL students were born outside of the United States 6

7 Why were changes made? 1 out of every 7 students in NYC is an ELL. 1 out of every 4 students in NYC is an ELL or former ELL. 1 out of every 3 students in NYC comes from a home in which English is not the home language. 7

8 Sections to be Reviewed Today 1. ELL Identification 2. Parent Notification and Information, Retention of Records, ELL Program Placement 3. Program Requirements, Provision of Programs, Grade Span, Program Continuity 4. Students with Disabilities, Intervention Support for ELLs 5. ELL Exit Criteria, Former ELL Services, Graduation Requirements 6. Professional Development, Certification 7. School District Planning and Reporting Requirements 8

9 ELL Policy Reference Guide Comprises all major ELL policies in one document Posted spring 2015 Updated as necessary to reflect changes to data capturing systems (e.g., ATS) 9

10 ELL Identification See next slide for LPT flowchart 10

11 The Language Proficiency Team 11

12 Reflection Note-Taker Significant changes, considerations, and challenges The HLIS and entire ELL identification process only occurs for students new to the DOE public schools or have been out of NYS for 24 months Additional considerations You will need to contact the previous DOE school or previous NYS public school to obtain information. Structures to support change Currently, DOE can intake NYSITELL and NYSESLAT scores from non-doe schools. Who will do outreach in my school? 12

13 Reflection Note-Taker Significant changes, considerations, and challenges Additional considerations Structures to support change 13

14 Reflection Note-Taker Significant changes, considerations, and challenges Additional considerations Structures to support change 14

15 ELL Identification Current CR Part 154 New CR Part 154 Administer Home Language Identification Survey to new DOE admits only in grades K to 12 Determine home language based on HLIS results, which include an interview with the student and parent. Administer the NYSITELL to all students whose home language is not English to determine ELL status Administer Home Language Identification Survey to new NYS admits in grades K to 12 as well as those who have not been in a NYS public school for 2 or more years. Students who have not been in a NYC or NYS public school for 2 or more continuous years are eligible to go through ELL identification process again. Determine home language based on HLIS results, which include an interview with the student and parent in the language of preference (mandated in CR Part 154). Administer the NYSITELL to only those students whose home language is not English and eligible for the NYSITELL. (A more in-depth interview and review of work will be conducted to determine NYSITELL-eligibility.) Parent, student (over 18) may request a re-identification process/review within 45 days of enrollment. SIFE status will need to be determined within 12 months of enrollment. However, NYC will require that an initial determination be made within 30 days of enrollment, which can be modified up to 12 months of initial enrollment. SIFE also consists of interrupted and/or inconsistent education Once a SIFE scores at transitioning/intermediate level on the NYSESLAT, SIFE status is removed. Schools must form a language proficiency team for students entering NYS public schools with an IEP to determine if the student has language acquisition needs and should take the NYSITELL (prior: no special procedure for SWDs) 15

16 Parent Notification and Information, Retention of Records, ELL Program Placement Current CR Part 154 New CR Part 154 Schools must determine ELL status, do parent orientation meeting, send parent entitlement/non-entitlement letters along with parent survey within 10 days ELL is placed within ELL program within 10 days Copies of letters should be kept in students cumulative folders Schools must determine ELL status, do parent orientation meeting, send parent entitlement/non-entitlement letters along with parent survey within 10 days. Schools must send the entitlement letter of ELL status notification within 5 school days letting them know the results and that they have the right to appeal the ELL status within 45 days of enrollment. ELL is placed within ELL program within 10 days but parent (or student 18 or older) can appeal within 45 days. Parents and students have right to a re-identification process within 45 days of initial enrollment. Copies of parent ELL notifications and letters must be kept in students cumulative folders. Schools meet with parents of ELLs at Schools must provide parents annual and individual meetings to discuss their child s progress in addition to already existing meetings. 16

17 Program Requirements, Provision of Programs, Grade Span, Program Continuity Current CR Part 154 New CR Part 154 ELLs cannot be served in classes of more than 2 contiguous grades (unless in special education) All students receive ESL, regardless of ELL program. Former ELL receive transition services for one year after testing out. Bilingual programs consist of 3 parts ENL/ESL Native language arts (NLA) At least 1 subject in the native language All students must receive a specified amount of standalone ESL and integrated ESL Standalone ESL is instruction to develop English language skills so that students can succeed in core content courses. It is delivered by a certified ESL teacher. Integrated is instruction to build English language skills through content area instruction (e.g., social studies) It is delivered by A dually certified teacher (ESL+content area), OR Coteaching by an ESL teacher and content area teacher Former ELLs must receive 90 minutes a week of integrated ESL for 2 years after testing out Bilingual programs consist of 3 parts ENL/ESL Home language arts (NLA) At least 2 subjects in the native language at beginning levels (depending on bilingual program model and level of student proficiency) 17

18 ENL Minutes: Grades K to 8 CR Part 154 Requirements for English as a New Language, Grades K to 8 Levels (as of SY) Total # Minutes of ENL Minimum # minutes of standalone ENL Minimum # minutes of integrated ENL Beginner / Entering integrated ENL/ELA Low Intermediate / integrated Emerging ENL/ELA Intermediate / integrated Transitioning ENL/ELA Advanced / Expanding Proficient / Commanding integrated ENL/ELA or other content area integrated ENL/ELA or other content area Minimum # minutes of standalone OR integrated ENL (with ELA or any other content area) Former ELLs receive services for 2 years after reaching the proficient/commanding level 18

19 ENL Minutes: Grades 9 to 12 CR Part 154 Requirements for English as a New Language, Grades 9 to 12 Levels (as of SY) Total # Minutes of ENL Minimum # minutes of standalone ENL Minimum # minutes of integrated ENL Beginner / Entering integrated ENL/ELA Low Intermediate / integrated Emerging ENL/ELA Intermediate / Transitioning integrated ENL/ELA or other content area Advanced / Expanding integrated ENL/ELA or other content area Proficient / Commanding integrated ENL/ELA or other content area Minimum # minutes of standalone OR integrated ENL (with ELA or any other content area) Former ELLs receive services for 2 years after reaching the proficient/commanding level 19

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22 Students with Disabilities, Intervention Support for ELLs Current CR Part 154 New CR Part 154 CSEs determine language of instruction for ELLs 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 Schools must form a language proficiency team for students entering NYS public schools with an IEP to determine if the student has language acquisition needs and should take the NYSITELL (prior: no special procedure for SWDs) Districts are required to annually identify ELLs not demonstrating adequate performance and provide additional support services aligned to district wide intervention plans. 22

23 ELL Exit Criteria, Former ELL Services, Graduation Requirements Current CR Part 154 New CR Part 154 To become a former ELL, student must score proficient on the NYSESLAT. ELLs can test out through one of three ways (prior was only first bullet below): Test proficient on the NYSESLAT, OR Test advanced on the NYSESLAT and test at level 3 or 4 on the ELA, OR Test advanced on the NYSESLAT and test 65 or higher on the English Regents Former ELLs receive transition support for one year following testing out. Former ELLs must receive 90 minutes a week of integrated ESL for 2 years after testing out 23

24 ELL Exit Criteria, Former ELL Services, Graduation Requirements Current CR Part 154 Other New State Regulations Appeals to Graduate with Scores of on Regents Examinations 1. Appeal to Graduate with a Score of on Regents Examination Students can appeal a score of on up to two of the required Regents examinations provided that they pass the remaining Regents exams with a 65 or above and meet the additional criteria. Students can earn a Regents diploma if they successfully appeal one exam score of and have a score of 65 or above on the four remaining exams or; students can earn a local diploma if they successfully appeal two exam scores of and have a score of 65 or above on the three remaining exams. 2. Appeal to Graduate with a Score of on the ELA Regents Examination (open to ELL students that meet the criteria) In October 2014 the New York State Board of Regents passed an Emergency Adoption to amend of the Commissioners Regulation to allow English Language Learners (ELL) who entered the United States in grade 9 or above in school year and thereafter to graduate with a local diploma with a score of on the ELA Regents exam. ELL students can earn a local diploma if they successfully appeal a score of on the ELA Regents exam and score a 65 or above on the four remaining exams; or successfully appeal a score of on the ELA Regents exam and successfully appeal one other exam score of and score 65 or above on the remaining three exams. These students can only earn a local diploma. 24

25 Professional Development, Certification Current CR Part 154 New CR Part 154 All teachers should receive training on serving ELLs. Professional development requirements 15% total hours ELL-specific PD for All Teachers 50% total hours ELL-specific PD for Bilingual Education and ENL/ESL teachers 25

26 School District Planning and Reporting Requirements Current CR Part 154 New CR Part 154 Districts must complete the CR Part 154 application and submit to SED annually (includes number of ELLs by school and programs served in) Each school district must submit annual estimates of ELL enrollment for the following school year; districts must open bilingual programs the following year if sufficient numbers exist. Each school district must provide program continuity for ELLs if there are sufficient numbers as per Aspira Consent Decree. 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. 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. 26

27 Further Assistance and Help This PowerPoint will be posted online on DELLSS website at See SED s CR Part 154 website at Review SED s Units of Study Tables at (for TBE) and (for ENL) SIFE Resources: Contact your senior ELL CPS: 18F BA/0/SeniorELLComplianceandPerformanceSpecialistdec 2014.pdf 27