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Application for Programs under Part 154 of the Regulations of the Commissioner (CR Part 154)
for the Education of Limited English Proficient (LEP) Students
2005-2006 

All districts in New York State are required to identify LEP students and provide them with appropriate services. The 2005-06 school year represents the third year of a three-year cycle (2003-2006) for all districts to submit reports under CR Part 154 for the education of LEP students. School districts interested in receiving State Aid for LEP students in bilingual education or freestanding English as a second language programs (ESL) must submit a comprehensive plan consistent with Sections 154.3 and 154.4 of CR Part 154.  Districts will receive an additional 29.3 percent apportionment of State Aid for each LEP student appropriately served through an approved plan.  School districts not interested in receiving State Aid for services provided to eligible LEP students are required to submit the documents prescribed under Section 154.3 of CR Part 154.

The following is information, reporting procedures and specific instructions for meeting the CR Part 154 requirements:

• Section III A - For districts interested in claiming State Aid for LEP students appropriately served.

• Section III B - For districts not interested in claiming State Aid for eligible LEP students.

Overview
Application Guidelines for 2005-2006
CR Part 154 Application Procedures and Directions
Submission Instructions
Application Forms (in Microsoft Word)

OVERVIEW

CR Part 154

Parts 117 and 154 of the Regulations of the Commissioner of Education (CR Part 117 and CR Part 154) relate to the screening of new entrants and to the apportionment and services for LEP students, respectively.  In the State Aid process, funds are made available to assist school districts in implementing programs for LEP students that are consistent with these regulations and with the Department's initiatives in raising standards for all students.  All boards of education, whether or not they claim Aid for instructional services for LEP students, are required to prepare certain reports and follow specific procedures regarding the education of LEP students. 

CR Part 154 was instituted to ensure that LEP students receive appropriate services.  One of its goals is to ensure that the learning standards identified for LEP students are aligned with the New York State standards approved by the Board of Regents for the general student population and that there are opportunities for LEP students to achieve the expected performance indicators identified for those standards. Their performance will be assessed using testing procedures that are fair and unbiased.  The ultimate goal of CR Part 154 programs is to facilitate LEP students’ acquisition and development of English language skills as well as meeting the standards in the core subjects expected at their grade and age levels.         

The research on effective programs for LEP students identifies Seven Essential Elements most frequently found in effective programs for LEP students. The Board of Regents has adopted those elements and incorporated them into their Twelve Action Steps to assist LEP students in meeting the English language arts standards. These have guided the amendments to CR Part 154 and are noted throughout this document. (Copies of the Twelve Action Steps and CR Part 154 Regulations may be accessed at http://www.emsc.nysed.gov.ciai/nysben.html

APPLICATION GUIDELINES FOR 2005-2006

Statutory Provision

EL 3204 and 3602; Parts 80.9, 80.10, 100, 117, 200 and 154 of the Regulations of the Commissioner of Education; Chapter 827 of the Laws of 1982.

Grant Purpose

Funds are made available for the implementation of bilingual and/or freestanding ESL programs for eligible LEP students enrolled in public schools in grades K-12.

Project Dates

September 1, 2005 - June 30, 2006

Eligible Applicants

Public school districts with LEP students

Technical Assistance

The New York State Education Department's Office of Bilingual Education provides on-going technical assistance to school districts on issues related to the education of LEP students.  The office is also available to assist school districts in the preparation of required reports for the new 2005-2006 Comprehensive Plan.  If assistance is needed, contact the office at (518) 474-8775.  You may also access our web page at http://www.emsc.nysed.gov/ciai/nysben.html

The Department's document entitled "Guidelines for Programs under Part 154 of Commissioner's Regulations for Pupils with Limited English Proficiency," currently in draft form, (referred to as Part 154 Guidelines) is an additional source of information for districts implementing programs for LEP students. It provides information on appropriate practices and procedures for the education of LEP students. The following Department documents are also valuable resources for the implementation of programs for LEP students: “The Teaching of Language Arts to Limited English Proficient /English Language Learners: A Resource Guide for All Teachers” and “The Teaching of Language Arts to Limited English Proficient/ English language Learners: Learning Standards for English as a Second Language.”

The Bilingual Education Technical Assistance Centers (BETAC's), located throughout the State, are also available to provide technical assistance.  Districts are encouraged to contact the BETAC in their region.

Eligible Students

Students eligible to receive services under CR Part 154 are students who are identified as students with limited English proficiency (LEP).  LEP students are those who come from a home where a language other than English is spoken and score below a state designated level of proficiency on the LAB-R or the NYSESLAT, as set forth in CR Part 154.

Types of Programs

Bilingual Education Program - Implemented in school districts which have an enrollment of 20 or more LEP students of the same grade level assigned to a building, all of whom have the same native language which is other than English. The bilingual education program includes two components: a language arts instructional component and a content area instructional component. The language arts instructional component is delivered through instruction in English language arts, English as a second language and native language arts. The content area instructional component is delivered though instruction in the native language and English through ESL methodologies.

Freestanding English as a Second Language Program - Implemented in school districts which have fewer than 20 LEP students at the same grade level assigned to a building who speak the same or different native language other than English. The freestanding ESL program includes two components: a language arts instructional component and a content area instructional component. The language arts instructional component is delivered through instruction in English language arts and English as a second language. The content area instructional component is delivered through instruction in English and ESL methodologies.

Required Assessments

Beginning with the 2004-2005 school year, the Language Assessment Battery-Revised (LAB-R) will be the only approved test for the initial identification of students as limited English proficient. Similarly, the New York State English as a Second Language Achievement Test (NYSESLAT) will be the only approved test for measuring LEP students’ level of English proficiency annually, to determine whether or not the student continues to be LEP and thus entitled to generate State Aid. [Please refer to the School Administrator’s Manual for information on required State assessments for all students, including LEP students.] 

Submission of Applications

To facilitate understanding of the provisions and requirements for the preparation of CR Part 154 Comprehensive Plans for all school districts, instructions are provided in Section III A (for districts claiming State Aid for LEP students in 2005-2006) and Section III B(for districts not claiming State Aid for eligible LEP students.) An original and two copies of the completed documents must be postmarked by September 1, 2005.

CR PART 154 APPLICATION PROCEDURES AND DIRECTIONS

School Districts Claiming State Aid for LEP Students in 2005-2006

The 2005-2006 represents the third year of a three-year cycle for districts submitting reports under CR Part 154. Districts with approved 2004-2005 Comprehensive Plans are only required to submit updated information. The chart below outlines the required reports that will comprise all of the elements of the Plan. The reports must be submitted by all school districts, including New York City Community School Districts and High School Superintendencies, interested in claiming State Aid for LEP students in 2005-2006. Information and instructions for completing each of the reports are provided after the chart.

CHART I

The following are directions for completing the sections identified in Chart I.  Provide information as required.

Reports

Form A-1 - Face Page

Boxes 1 and 2: Complete information as required.

Line 3 - LEP Students Identified Districtwide in 2004-05: Enter the total number of LEP students, in the district, in both general and special education programs, properly identified during the 2004-05 school year, as reported on Form A2.

Line 4 - LEP Students Properly Served Districtwide in 2004-05: Enter the number of LEP students, in general and special education programs, who were appropriately served by the district in the 2004-05 school year through the Comprehensive Plan approved by the Department, as reported on Form A-2.  This pupil count is used in calculating State Aid payable in the 2005-06 school year, for services provided in an approved bilingual or ESL program.

Form A-2 - LEP Students in General and Special Education, Identified and Served in the District in 2004-05

This form is used to record the number of LEP students identified districtwide, in both general and special education and the number appropriately served by the district through the Comprehensive Plan approved by the Department.  The approved LEP count will be used to calculate the amount of State Aid for LEP students payable to the district in the 2005-06 school year. Form is self-explanatory, complete as required.

Form A-2.1 - School District Report of Long-term LEPs in the District in 2005-2006 (Beyond Six Years)

This form is used to record the number of LEP students, beyond six years in any school program, including both general and special education programs. These students do not generate the State Aid that is geared for students in approved bilingual or ESL programs. Form is self-explanatory, complete as required.

Form A-3 - LEP Students in General & Special Education Served in the School Building in 2004-05

This form is used to record the number of LEP students by building, in both general and special education appropriately served in bilingual and/or freestanding ESL programs.  Duplicate forms if necessary and complete as required.

Instructional Program for 2005-2006

Form A-4 - Written Policy/Statement of Assurances

The Comprehensive Plan, which consists of a signed assurance form and written reports, constitutes the district's written policy for the education of LEP students.  Districts with a separate policy on the education of LEP students are required to submit such policy with the application.  District policies may not contradict the provisions and requirements of CR Part 154. 

The Statement of Assurances (Form A-4) contains those requirements, which must be met by all school districts eligible for State Aid for LEP students. Upon approval, it represents a district's certification of compliance with laws and regulations regarding the education of LEP students.  It is to be signed and dated by the Chief Administrative Officer. The form must be completed by all school districts with LEP students. Districts claiming State Aid for LEP students must check (3) and comply with applicable provisions in the assurances form. 

Form A-5 - Program Coordination

Leadership committed to educational excellence and equity for LEP students is the fourth essential element of Effective Programs for LEP Students. This should be reflected at the level of superintendents, principals and coordinators. It is advisable that school districts designate a person to coordinate districtwide program activities relative to the education of LEP students.  Form A-5 must be completed by the staff person assigned by the district to oversee these activities. Using the outline below, briefly describe, in no more than two pages, his/her responsibilities.

Duties and responsibilities:

• Planning and Development: Describe how the CR Part 154 district Comprehensive Plan is planned and the coordinator’s involvement in its planning, development and implementation.

• Technical Assistance: Identify the type and frequency of assistance provided by the coordinator to bilingual and/or ESL and other teachers serving LEP students. Describe how he/she assists the district in aligning the LEP students’ curricula with the State standards. Describe how he/she assists classroom teachers to help them align their instruction with the State standards.

• Communication: Describe the coordinator’s interaction with building Principals, Directors of Funded Programs, Support Personnel, Department Chairs, School District Superintendent, Board of Education and parents to ensure on-going commitment by the educational leadership to excellence for LEP students.

• Data Collection: Describe the district's data collection and reporting and the coordinator’s responsibilities for these procedures.

• Supplies and Materials: Describe the coordinator’s involvement in the acquisition and distribution of supplies, materials and technological equipment/software for bilingual/ESL teachers.

Form A-6 - School Building Bilingual/ESL Program Description

School buildings in districts claiming State Aid for LEP students in 2005-2006 must provide a two-page maximum, narrative description of their bilingual and/or freestanding ESL program(s).  In preparing the narrative, the following outline should be followed.  Form A-6, "School Building Bilingual/ESL Program Description," must be used and the outline provided below followed.

• Instructional Program

  • Brief description of type of program(s) checked on Form A-6.

  • Number of classes in each program

  • Language(s) of instruction

  • Instructional strategies, activities and programs being implemented to ensure that LEP students meet the standards and pass the required 4thand 8th grade State assessments and the Regents examinations.

   

• Parent/Community Involvement

  • Section 154.3(c) requires that school related information be distributed to parents of LEP students in English or when necessary in the language they understand. Please attach sample copies of selected correspondence distributed to parents of LEP students in the district. Include sample copies representing up to the top five languages served in the district.

  • Essential Element #6 and Action Step #7 recognize the importance of parent/family and community involvement in the education of LEP students. CR Part 154 requires that parents of newly enrolled LEP students be provided an orientation session on the State standards, assessments, school expectations and general program requirements for bilingual education and/or freestanding ESL programs. This orientation session is separate and apart from regularly scheduled parent meetings. Describe how and when the orientation session will be provided.

   

• Jump Start Activities

  • Describe what type of assistance is provided to newly enrolled LEP students prior to opening of school in September.
     

• Staff Development

  • Describe the staff development plans for the 2005-2006 school year. Include topics and tentative dates. 

A-7 - LEP Students Schedules

All schools are required to provide the amount of English language instruction that is specified in Section 154.2 (d) and (e) of CR Part 154. The chart that follows identifies the required units of study for each of these disciplines. Please note that a unit of study is equivalent to 180 minutes per week. 

* If in bilingual program.

To determine whether or not LEP students are receiving the adequate amount of English language instruction, school districts will be required to submit actual copies of LEP student schedules as documentation in their 2005-2006 Comprehensive Plan, as follows:

Elementary Schools

• Class schedules will be required for LEP students in grades 1 and 4. Comprehensive Plans without schedules will not be approved.

• Each school district must submit three class schedules each for grade 1 and grade 4. If there are fewer than three students in the target grade, submit a schedule for each student in that grade. If there are LEP students in other elementary grades, the rest of the sample schedules must be submitted for students in those grades.

• Each of the three class schedules for grade 1 and for grade 4, must represent a beginning, intermediate, and advanced level student. If the students in the district do not represent all three proficiency levels, submit schedules only for the proficiency levels represented by the students. If there are LEP students in grades 2, 3, 5 or 6 representing the proficiency levels not available in grades 1 and 4, submit sample schedules for students in those grades.

• Wherever possible, the number of schedules submitted must be from different buildings in the district.

• Class schedules must include the student's grade level, subjects, days in which students take each class and the number of minutes in a period for each class.

• Where appropriate, schedules should reflect bilingual and freestanding ESL programs.

• Forms A-7 attached, for first and fourth grade students, must be used to report this information.

Intermediate Schools

• Schedules will be required for students in grade 8. Comprehensive Plans without schedules will not be approved.

• Each school district must submit three schedules for students in grade 8. If there are fewer than three students in the district in 8th grade, submit a schedule for each student in that grade. If there are LEP students in 7th grade, the rest of the sample schedules must be submitted for students in that grade.

• Each of the three student schedules must represent a beginning, intermediate and advanced level student. If the 8th grade students in the district do not represent all three proficiency levels, submit schedules only for the proficiency levels represented by the students. If there are LEP students in grade 7 representing the proficiency levels not available in grade 8, submit sample schedules for students in that grade.

• Wherever possible, the number of schedules submitted must be from different buildings in the district.

• Student schedules must include the student's grade level, courses and days in which students take each course and the number of minutes in a period for each class.

• Where appropriate, schedules should reflect bilingual and freestanding ESL programs.

• Forms A-7 attached, for eighth grade students, must be used to report this information. If the school has computerized student schedules that include all the information requested in Form A-7, those student schedules may be submitted instead. 

High Schools

• Schedules will be required for students in grade 11. Comprehensive Plans without schedules will not be approved.

• Each school district must submit three schedules for students in grade 11. If there are fewer than three students in the district in the 11th grade, submit a schedule for each student in that grade. If there are LEP students in grade 9, 10 or 12, the rest of the sample schedules must be submitted for students in those grades.

• Each of the three student schedules must represent a beginning, intermediate and advanced level student. If the 11th grade students in the district do not represent all three proficiency levels, submit schedules only for the proficiency levels represented by the students. If there are LEP students in 9th, 10th or 12th grade representing the proficiency level not available in grade 11, submit sample schedules for students in those grades.

• Wherever possible, the number of schedules submitted must be from different buildings in the district.

• Student schedules must include the student's grade level, courses and days in which students take each course and the number of minutes in a period for each class.

• Where appropriate, schedules should reflect bilingual and freestanding ESL programs.

• To protect the privacy of the students, the name and the student identification number must be deleted prior to submitting copies of their schedules.

Form A-8 - School District Report of Teachers and Support Personnel

Pursuant to Section 207 of Education Law, Parts 80.9 and 80.10 staff providing bilingual education and English as a second language instruction must hold valid certificates in each of these areas.  Consequently, appropriately certified teachers must instruct LEP students in bilingual education and ESL classes.

Form A-8 must reflect the number of staff in bilingual education and ESL programs and their type of license/certificate. The required information must be reported in full-time equivalents (FTE's).  FTE's for personnel serving more than one building must reflect the portion of time spent in each particular building.  All information required must be provided.

Please note that during the 2005-2006 school year, the Department will conduct a random review of the information reported in Form A-8. Districts randomly selected will be required to submit electronically the name of teacher(s), social security number and type of license or certificate.

Form A-9 - LEP Student Evaluation

As part of the State assessment for all students, the performance of LEP students must be assessed on an on-going basis. Form A-9 must reflect the district’s 2005-2006 evaluation plan for LEP students enrolled in the district.  This form is to be completed by indicating the grades at which appropriate assessment instruments will be used during the 2005-2006 school year, to measure the linguistic and academic performance of LEP students. 

Please note that through the Local Education Agency Program (LEAP) system, the New York State Education Department annually collects data on individual student performance on state assessments. State assessment data for LEP students served in approved CR Part 154 programs must be coordinated and submitted with the LEAP data provided by the district for such other programs. Please refer to the LEAP manual for information on test codes and procedures for the completion and submission of the report.

Form A-10 - Coordination of Funds for Services to LEP Students

This form represents a summary of expenditures incurred by the school district in 2004-05, to support bilingual and/or ESL programs for LEP students. For New York City community school districts and high school superintendencies, this form will be prepared and submitted to the Education Department by the Office of Revenue Operations.

Please note that information provided must reflect actual expenditures based on the amount of Aid received by the district for LEP students, during the 2004-05 school year. This information will be used to verify that the amount of such Aid received by the district in 2004-05 was expended appropriately for services provided to LEP students. The total reported expenditures must equal or exceed the total amount of such Aid received in 2004-05, or the unexpended aid will be recovered by the State.

This form replaces the Proposed Budget for a Federal or State Project (FS-10) form and the Final Expenditure Report for a Federal or State Project (FS-10F) form. Once reviewed and approved, Form A-10 will also be accepted as the district's 2005-06 Final Expenditure Report. Form is self-explanatory, complete as required.

Form A-11 - Request for Extension of Services for LEP Students in ESL/Bilingual Programs Beyond Three Years

LEP students may receive appropriate services under an approved CR Part 154 program for up to six years provided that the State Education Department, at the end of three years, approves, on a yearly basis, a request for extension of services for the remaining years. School districts wishing to request an extension of services may do so by completing Form A-11, Request for Extension of Services, annually, for each individual LEP student who continues to require Part 154 services beyond three years.  In preparing the report the following instructions must be observed:

• All 2005-2006 Requests for Extension of Services must be submitted on the  "Request for Extension of Services" form referenced above.   Incomplete reports will not be reviewed and will be returned to the district.

• NEW YORK CITY: Community school districts and high school superintendencies are to use the report provided by the New York City Department of Education which has been approved for this purpose.

• School building requests, including those from NYC, must be signed and dated by the school building Principal. Requests without the building Principal's original signature will not be approved and will be returned.

• Requests for extension of services are required for LEP students who, after three years in an approved bilingual or ESL program, continue to be LEP in accordance with CR Part 154.

• Requests for extension of services are not required for LEP students with less than three years of service in an approved bilingual or ESL program. 

• Requests for extension of services must not be submitted: (a) for students who score above the “LEP” designated level on the NYSESLAT; (b) for students discharged from the NYS public school system; (c) for students who have graduated from high school; or, (d) for students enrolled in nonpublic schools. 

• The school providing services to the students in 2004-05 must make requests for extension of services for the 2005-2006 school year.  The report must include the names of all such students, including those that were in the school in 2004-05 and moved to another NYS public school in 2005-2006 (i.e., transfer students, 6th, 8th or 9th grade graduates.)

• Complete columns 1-8 for all students for whom a request for extension of services is submitted.

• For students who score at or below the “LEP” designated level on the NYSESLAT, indicate what the school is doing to help them improve their performance.

• Following are the reasons and codes to be used to support the request for extension of services:

• Schools other than NYC may identify other situations that best describe the reasons why the students, after three years of service, continue to be LEP.  (NYC districts must use the form provided by the NYC Department of Education for this purpose.) A brief explanation must be provided to identify such situations and a code designated for the additional reasons.  Codes submitted without an explanation will not be approved.
• Requests including vague reasons will not be approved i.e., consultant teachers, dual language, ESL, State mandate, reading program, Chapter 53 screening, not in school lists, can't explain, LEP, opted out, behavior problems, heterogeneous group in English, reading lab and bilingual program.
• The report must indicate the number of times that a request for extension of services has been submitted for each individual student.
• The result of the NYSESLAT must be provided for each student for whom a request for extension of services is submitted. An extension of services will not be granted for students for whom no assessment or an assessment other-than the NYSESLAT is provided.
• NYC ONLY: All schools must comply with the Consent Decree and the Lau Compliance Plan.

Parental Transfer/Withdrawal Option

Parents of newly enrolled LEP student must be informed of their child’s placement in a bilingual education or free-standing ESL program. In addition to informing parents of their child’s placement in any of these programs, districts must advise parents of the transfer/withdrawal option afforded to them under CR Part 154. This transfer/withdrawal option is specified below.

Withdrawal from a bilingual education program: The parents or other persons in parental relation to a pupil designated as limited English proficient shall have the option to withdraw their child from participation in an instructional bilingual education program, provided that:

1. the parents or other persons in parental relation to a pupil designated as limited English proficient meet with the school principal along with the school or district supervisor of bilingual education to discuss and explain further the nature, purposes, educational values of the program and the skills required of personnel;

2. as a minimum such pupil shall participate in a free-standing English as a second language program.

Transfer from an ESL into a bilingual education program: In a school building where the number of eligible pupils does not require the offering of a bilingual education program, parents or other persons in parental relation to a pupil identified as limited English proficient shall have the option of transferring their child to a school within the district provided such program is available at such other school.  A parent who chooses not to exercise the transfer option shall be informed that his or her child shall participate in a free-standing English as a second language program.

Districts with bilingual education programs must submit sample copies of the transfer/withdrawal option letters sent to parents of newly enrolled LEP students. Signed parent letters exercising the withdrawal/transfer option must be kept in the student’s cumulative record.

State Aid for LEP Students - Allocation and Payment

School districts with approved 2004-2005 Comprehensive Plans will not be required to submit an FS-10 budget to claim the amount of State Aid generated by LEP students in their districts. Such Aid will be included in the 2005-06 General State Aid to be paid to the districts following the approval of the 2005-2006 reports required under the CR Part 154 Comprehensive Plan. As soon as the Comprehensive Plan reports are approved, the amount of State Aid generated by the district will be listed on the district’s State Aid web page, and be included in the calculation of all additional payments of 2005-06 General State Aid. As a result, it is important to note that:

• Approval of all Comprehensive Plan reports must be completed by November 19, 2005 in order for the State Aid for LEP students to be included in General Aid payments for December 2004 through June 2005, which must be calculated and finalized by December 1, 2005.

• State Aid payment, for services provided to LEP students, to be made before the end of the school year will be authorized only for those districts with Comprehensive Plan reports approved by November 19, 2005.

• State Aid, for services provided to LEP students, for districts with outstanding Comprehensive Plan reports, by the November 19th deadline, will not be paid until September 2006, provided that such reports are approved by such date.

SUBMISSION INSTRUCTIONS

APPLICATION FORMS (in Microsoft Word)

06/15/2007