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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
2006-2009 

Under Part 154 of the Regulations of the Commissioner all public school districts in New York State are required to identify LEP students and provide them with appropriate services.

School districts interested in receiving State Aid for providing LEP students with 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.

School districts not interested in receiving State Aid for services provided to eligible LEP students are also required to submit the documents prescribed under Section 154.3 of CR Part 154.

The 2006-07 school year represents the first year of a three-year cycle (2006-07 through 2008-09) for all districts to submit the above-referenced required CR Part 154 reports.

The following pages provide the instructions and forms to be completed for meeting the CR Part 154 requirements. Districts interested in receiving State Aid must complete Forms A-1 through A-10. Districts not interested in receiving State Aid for eligible LEP students must complete Forms B-1 through B-5.

The 2006-07 CR Part 154 Comprehensive Plan must be submitted as specified below:

Program Guidelines

Commissioner’s Regulations for LEP Students

Parts 117 and 154 of the Regulations of the Commissioner of Education relate to the screening, instructional services and apportionment for LEP students. 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 raising standards for all students. CR Part 154 requires all Boards of Education with LEP students, whether or not they claim aid for instructional services for such students, 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 in order to acquire and develop English language skills and meet the standards in the core subjects expected at their grade and age levels. Their performance will be assessed using fair and unbiased testing procedures.

Research on effective programs for LEP students identifies Seven Essential Elements. The Board of Regents has incorporated these elements into their Twelve Action Steps to assist LEP students in meeting the English language arts standards. (Please refer to Appendices A and B attached for a copy of each of these two documents.)

Some of the statutory and regulatory provisions for the education of LEP students include: Education Law 3204 and 3602 and Commissioner’s Regulations Parts 80.9, 80.10, 100. Part 200 also contain requirements for educating LEP students.

Eligible Students

Students eligible to receive services under CR Part 154 are 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 the designated level of proficiency on the LAB-R or the NYSESLAT, as set forth in CR Part 154.

Types of Programs -- Bilingual Education and Freestanding English as a Second Language (ESL)

Bilingual education programs must be implemented in school districts with an enrollment of 20 or more LEP students with the same native language other than English at the same grade level in the same building. 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 ESL programs must be implemented in school districts which have fewer than 20 LEP students at the same grade level in the same building who speak the same 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

The Language Assessment Battery-Revised (LAB-R) is the only approved test for the identification of students as limited English proficient. Similarly, the New York State English as a Second Language Achievement Test (NYSESLAT) is 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.

Technical Assistance

The New York State Education Department's Office of Bilingual Education and Foreign Language Studies provides on-going technical assistance to school districts on issues related to the education of LEP students and in the preparation of the required 2006-2007 Comprehensive Plan. If assistance is needed, contact the office at (518) 474-8775 or access the office's website at http://www.emsc.nysed.gov/ciai/biling/.

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) 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) are also responsible to provide technical assistance for their region or language specialty. Districts are encouraged to contact the BETAC in their region.

Instructions

School Districts Claiming State Aid in 2006-07 for LEP Students Served in 2005-2006

The 2006-2007 represents the first year of a three-year cycle for districts submitting the Comprehensive Plan under CR Part 154. All school districts, interested in claiming State Aid in 2006-07 for LEP students served in 2005-2006 must complete forms A-1 through A-10 and include sample copies of the “Withdrawal from/Transfer to Bilingual Education Program” Option Parent Letters.

For New York City only, Form A-9 will be prepared by the Office of Revenue Operations and submitted directly to the NYSED.

Form A-1: The totals on A-1 must agree with the totals on A-2, A-2.1 and the total of all A-3 forms.

The total number of LEP students served in the district through an approved 2005-06 Comprehensive Plan is used to calculate the State Aid payable in the 2006-07 school year for the services that were provided. Do not include long-term LEP students (LEP beyond six years) in this number.

Form A-2: Record the number of LEP students identified and served in the district in 2005-06. Record LEP students in Special Education under the Special Education column only. School districts submitting a Comprehensive Plan for the first time complete the “Id” (identified) column only. These districts will begin generating aid in 2007-08.

Use blank spaces to add languages if necessary. A list of additional languages/codes appears in the application packet; others may be accessed on the web at www.ethnologue.com.

Form A-2.1: Record the number of long-term LEP students. Long-term LEP students are those that, based on available records, have been in any district, in any school program beyond six years and continue to be LEP. Record the long-term LEP students in Special Education under the Special Education column only.

Long-term LEP students do not generate State Aid. Do not include these students on Form A-2.

Form A-3: Complete this form for each school building with LEP students served in 2005-06 in bilingual and/or freestanding ESL programs. Duplicate this form as necessary. Record LEP students in Special Education under the Special Education column only.

Form A-4: The Statement of Assurances represents a district's certification of compliance with laws and regulations regarding the education of LEP students. The Chief School Officer must check all applicable assurances and sign and date the form. Districts with a separate policy on the education of LEP students must submit the policy with these forms.

Form A-5: This form must be completed by the person designated to coordinate districtwide program activities relative to the education of LEP students.

Form A-6: Complete for each school building with a bilingual or ESL program.

Form A-7: Public school districts are required to provide the amount of English language instruction specified in CR 154.2 (d) and (e). As specified in Action Step 1, the English language arts standards are the basis for the Native Language Arts, English as a Second Language and English Language Arts curricula. 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 if LEP students are receiving the required units of English language instruction, please submit sample student schedules for LEP students at the beginning, intermediate and advanced levels in grades 1, 4, 8. For grade 11, submit an actual student schedule for each level.

If the LEP students in grades 1, 4, 8 and 11 do not represent all three proficiency levels, submit a sample schedule from a different grade with that proficiency level.

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 grades, the rest of the sample schedules must be submitted for students in those grades.

On the actual student schedules, clearly indicate the number of minutes per period. The number of minutes and frequency per week must be clearly presented for the following subjects: ESL, ELA, NLA (bilingual programs), Math, Science, Social Studies and Physical Education.

Wherever possible, the number of schedules submitted must be from different buildings in the district and where appropriate, schedules should reflect bilingual and freestanding ESL programs.

If the district has computerized student schedules that include all the information requested in Form A-7, those student schedules may be submitted instead. 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: 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.

Record the number of staff in full-time equivalents (FTE's) who provided bilingual education and ESL instruction in 2005-2006 in the appropriate column. Teachers holding temporary certificates or who applied to the SED for a temporary certificate in bilingual education or ESL should be included in the “Appropriately Certified” column.

FTEs for staff serving more than one building must reflect the portion of time spent in each building.

Form A-9: Enter the 2005-06 expenditures made in bilingual and/or ESL programs for LEP students. For New York City schools, this form will be prepared by the NYCDOE Office of Revenue Operations.

The expenditures for State Aid for LEP students will be used to verify that such Aid received by the district in 2005-06 was expended appropriately for services to LEP students. The total reported expenditures must equal or exceed the total amount of such Aid received in 2005-06, or the unexpended aid will be recovered by the State.

Form A-10: LEP students may receive services under an approved CR Part 154 program for up to three years. School districts may request an extension of services annually up to three more years by completing Form A-10, “Request for Extension of Services” for each individual LEP student who continues to require bilingual or ESL instruction beyond three years.

New York City schools must use a form provided by NYCDOE which has been approved for this purpose.

Requests for extension of services must not be submitted for:

• students who score above the “LEP” designated level on the NYSESLAT;

• students discharged from the NYS public school system;

• students who have graduated from high school; or,

• students enrolled in nonpublic schools.

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

The school providing services to the students in 2005-06 must make requests for extension of services for the 2006-2007 school year. The report must include the names of all such students, including those that were in the school in 2005-06 and moved to another NYS public school in 2006-2007 (i.e., transfer students, 6th, 8th or 9th grade graduates.)

School districts may make requests for other reasons. However vague reasons such as consultant teachers, dual language, opted out, behavior problems, heterogeneous group in English, etc. will not be approved.

An extension of services will not be granted for students for whom no assessment or an assessment other-than the NYSESLAT is provided.

A description of the interventions that are being implemented, above and beyond AIS, to help students for whom a request for extension of services is submitted must be provided.

All schools in New York City must comply with the Consent Decree and the Lau Compliance Plan.

Parental Transfer/Withdrawal Option

Parents of a 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 with the 2006-07 Comprehensive Plan. Signed parent letters exercising the withdrawal/transfer option must be kept in the student’s cumulative record.

State Aid Payments

As soon as the district’s Comprehensive Plan is 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 2006-07 General State Aid.

A district’s Comprehensive Plan must be approved by November 19, 2006 in order for the State Aid for LEP students to be included in the district’s General Aid payments for December 2006 through June 2007. Districts with Comprehensive Plans approved after that deadline will not be paid until September 2007, provided that such reports are approved by such date.

LEP Student Evaluation

State assessment data for LEP students served in approved CR Part 154 programs must be coordinated and submitted through the New York State Education Department’s data collection system.

Application Forms (in Microsoft Word)

07/05/2006