8% of public school students in New York State are English Language Learners. ELL Counts as of May 31, 2013 Buffalo (3,670) Rochester (3,259) Syracuse (2,678) Brentwood (4,905) Hempstead (1,723) Yonkers (2,956) Newburgh (1,522) Spring Valley (east Ramapo) (1,960)
8% of public school students in New York State are English Language Learners. ELL Counts as of May 31, 2013 Buffalo (3,670) Rochester (3,259) Syracuse (2,678) Brentwood (4,905) Hempstead (1,723) Yonkers (2,956) Newburgh (1,522) Spring Valley (east Ramapo) (1,960)
8% of public school students in New York State are English Language Learners. ELL Counts as of May 31, 2013 Buffalo (3,670) Rochester (3,259) Syracuse (2,678) Brentwood (4,905) Hempstead (1,723) Yonkers (2,956) Newburgh (1,522) Spring Valley (east Ramapo) (1,960)
Learners Enhance and Strengthen Commissioners Regulations Part 154 2 Graduation under Current Requirements (Completion) Calculated College and Career Ready* (Readiness) *Students graduating with at least a score of 75 on Regents English and 80 on a Math Regents, which correlates with success in first-year college courses. Source: NYSED Office of Information and Reporting Services JUNE 2013 GRADUATION RATES % Graduating % Graduating All Students 74.9 All Students 37.2 American Indian 62.2 American Indian 21.3 Asian/Pacific Islander 80.6 Asian/Pacific Islander 57.2 Black 59.7 Black 14.2 Hispanic 59.2 Hispanic 18.0 White 86.5 White 50.4 English Language Learners 31.4 English Language Learners 5.9 Students with Disabilities 48.7 Students with Disabilities 5.4 NEW YORK STATE DEMOGRAPHICS Buffalo (3,670) Rochester (3,259) Syracuse (2,678) Brentwood (4,905) Hempstead (1,723) Yonkers (2,956) New York City (147,359) Utica (1,463) Central Islip (1,717) Newburgh (1,522) Spring Valley (East Ramapo) (1,960) Source: Public School ELL Counts as of May 31, 2013 NYC, 70% Long Island, 13% Big 4, 6% ROS, 11% Top ELL Districts # of ELLs New York City 147,359 Brentwood 4,905 Buffalo 3,670 Rochester 3,259 Yonkers 2,956 Syracuse 2,678 Spring Valley 1,960 Hempstead 1,723 Central Islip 1,717 Newburgh 1,522 Utica 1,463 3 Of the approximately 2.7 million public school students in New York State, 8% are English Language Learners. Spanish, 64.5% Chinese, 10.7% Arabic, 3.9% Bengali, 3.0% Haitian Creole, 1.9% Russian, 1.7% Urdu, 1.7% French, 1.3% Yiddish, 1.0% Karen, 0.9% Other, 9.4% Spanish Chinese Arabic Bengali Haitian Creole Russian Urdu French Yiddish Karen Other Linguistically diverse state with over 140 languages spoken by our students.
2012-13 Top 10 ELL Home Languages Source: Public School ELL Home Languages as of May 31, 2013 4 NEW YORK STATE DEMOGRAPHICS 5 37.1% 77.1% 80.2% 77.8% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% ELL Ever ELL Non-ELL All Students NY New York State ELL, Ever ELL, Non ELL, and All Students 4 Year August Graduation Rate 2012-13 Source: NYSED Information and Reporting Services - August 2013 Graduation Rate Data 4 Year Outcomes
6 ELL, Ever ELL, Non ELL 4 Year August Graduation Rate by Big 5 2012- 2013
Source: NYSED Information and Reporting Services - August 2013 Graduation Rate Data 4 Year Outcomes
At its December 2011 meeting, the Board of Regents directed Department staff to engage the field to determine the areas of Part 154 that should be revised or enhanced to better serve the needs of ELLs.
As a result, over the past three years, Department staff consulted with stakeholders Statewide in various ways, including: Focus Groups (over 100 key stakeholders statewide) Survey to the Field (over 1500 respondents) Review of Draft Recommendations by key stakeholders Review of Draft Recommendations by US DOJ, US OCR, USDE Title I, USDE Title III Review of Draft Recommendations by members of the Board of Regents
7 PROCEDURAL HISTORY In August 2013, after review and consultation with members of the Board of Regents, the Department released draft recommendations for review by stakeholders. Comments were received through October 2013.
In late December 2013 and early January 2014, the Department met with USDE and US DOJ to review the draft recommendations.
In April 2014, the Board of Regents was presented with an update on the recommendations and stakeholder engagement process, and the Board directed staff to develop a proposal for amendments to Part 154 of the Commissioners Regulations.
In May 2014, a proposal for amendments to Part 154 of the Commissioners Regulations was presented to the Board for discussion.
A 45-day period for public comment was conducted between July 9, 2014 and August 23, 2014. The Department received over 100 comments during this period.
8 AREAS OF PROPOSED AMENDMENTS
Identification Parent Notification and Information Retention of Records Placement Program Requirements and Provision of Programs Program Continuity
Exit Criteria Support Services and Transitional Services Professional Development and Certification District Planning and Reporting Requirements
9 CR PART 154 PUBLIC COMMENTS: SUPPORTIVE 10
The majority of the responses are supportive of the amendments. Particularly strong support was expressed in the areas of:
Expansion of the ELL exit criteria.
Increased opportunities for parental involvement in the language they best understand.
Bilingual program planning and continuity.
Inclusion of ELLs in district intervention plans and expansion of support for former ELLs.
Delineation of ELL subpopulations, including Students with Interrupted formal education (SIFE), Newcomers, Developing ELLs, Long-term ELLs and ELLs with disabilities.
CR PART 154 PUBLIC COMMENTS: CONCERNS 11
Concerns were predominantly regarding provisions of existing CR Part 154 regulations.
Challenges to find qualified personnel to implement the initial identification process and SIFE determination.
Conflicting perspectives on the scope of bilingual education program accessibility. In terms of offering bilingual programs to all ELLs, some comments assert that the requirements are excessive and others say they are insufficient.
The requirements that 15% of mandated professional development for all teachers and 50% of mandated professional development for ESL and bilingual teachers be focused on meeting the needs of ELLs are too prescriptive.
Concerns over potential impact on resources for districts, particularly small districts.
IDENTIFICATION
12 IDENTIFICATION
PROPOSED REGULATORY CHANGE
COMMENTS
Implement a four step ELL identification process to ensure holistic and individualized decisions can be made by qualified staff, including: (1) administration of the Home Language Questionnaire; (2) an individual interview with the student; (3) a determination for students with a disability of whether the disability is the determinant factor affecting the students ability to demonstrate proficiency in English; and (4) the administration of a statewide English language proficiency identification assessment. Qualified staff is defined as an bilingual or ESL teacher, or a teacher trained in cultural competency, language development and the needs of English Language Learners.
Support was expressed for defining qualified staff to conduct the identification process and enhanced intake procedures that will provide teachers with more information about incoming ELLs.
Concerns were raised about lack of qualified staff and additional resources necessary to fully implement the enhanced identification process, (e.g., collecting student work).
IDENTIFICATION
13 PARENT NOTIFICATION AND INFORMATION
PROPOSED REGULATORY CHANGE
COMMENTS
School staff shall 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 childs academic content and language development progress and needs.
Districts shall collect and maintain: records indicating parents preferred language or mode of communication; and records of notices and forms generated during the identification and placement process in ELL students cumulative record.
Support was expressed for the expansion of opportunities for parents/guardians to participate in their child s academic development in the language they best understand.
Guidance was requested regarding meetings, required documentation and recordkeeping.
Concern was expressed about obtaining additional translators.
IDENTIFICATION
14 PLACEMENT
PROPOSED REGULATORY CHANGE
COMMENTS
Require placement in a Bilingual Education / ESL program within 10 school days after initiating the identification process.
Districts shall complete the identification process before an ELL student receives a final school placement.
Support was expressed for the revised ELL identification process, which will better ensure proper program placement.
Concern was expressed regarding resource implications of conducting the identification process during the summer.
IDENTIFICATION
15 PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
PROPOSED REGULATORY CHANGE
COMMENTS
English as a Second Language instruction shall be offered through two settings:
Integrated ESL (ESL methodologies in content area instruction co-taught or taught by a dually certified teacher); and Stand-alone (ESL instruction with an ESL teacher to develop the English language needed for academic success).
Continue to require that each school with 20 or more ELL students of the same grade who speak the same home language provide a Bilingual Education program.
Support was expressed for integrating ESL and content area instruction.
Concern was expressed over the possibility of a district housing a bilingual program in one building.
Concerns were raised regarding implementing the integrated ESL co-teaching model as it may impact configuration of programs and resources.
IDENTIFICATION
16 CONTINUED: PROGRAM REQUIREMENTS & PROVISION OF PROGRAMS
PROPOSED REGULATORY CHANGE
COMMENTS
Districts shall create annual estimates of 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 of the same grade level who speak the same home language district wide.
A 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.
New programs triggered by this provision shall be placed in a school that has not been identified as a Schools Under Registration Review or as a Focus or Priority School, if such school exists in the district.
Support was expressed for improved program planning and continuity, which will result from the provision of an annual estimate of ELL enrollment.
Support was expressed for strengthened access, instruction, and services that will result from district level bilingual programs.
Recommendation was made by NYSUT to adopt class size maximums for each program type.
Recommendation was made by NYSUT to include procedures in the regulations for identifying and providing language support services (bilingual and ESL instruction) to address the language needs of young children enrolled in UPK classes.
IDENTIFICATION
17 GRADE SPAN AND PROGRAM CONTINUITY
PROPOSED REGULATORY CHANGE
COMMENTS
Districts shall provide program continuity so that ELLs can continue to receive the program type (Bilingual Education or ESL) in which they were initially enrolled. In order to ensure program continuity, schools shall 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 grade.
The maximum allowable grade span for grouping instruction in ESL and Bilingual Education programs is two contiguous grades.
Support was expressed for the provisions regarding continuity of bilingual/ESL programs.
Concern was expressed regarding implementing the two year contiguous grade level provision in small school districts.
IDENTIFICATION
18 EXIT CRITERIA
PROPOSED REGULATORY CHANGE
COMMENTS
Implement three different criteria to allow students to exit ELL status, including:
(1) scoring proficient on the statewide English language proficiency assessment; (2) a combination of NYSESLAT scores and 3-8 ELA assessment or ELA Regents scores; or (3) a determination that an ELL with a disability cannot meet criteria (1) or (2) because of their disability and are not in need of ELL services.
Strong support was expressed for revision of the ELL exit criteria, which will provide students multiple ways to demonstrate English proficiency.
Concern was expressed over giving districts too much discretion to exit ELLs, which districts could use as a cost-cutting measure.
IDENTIFICATION
19 SUPPORT AND TRANSITIONAL SERVICES
PROPOSED REGULATORY CHANGE
COMMENTS
Districts shall annually identify ELLs not demonstrating adequate performance and provide additional supports aligned to district wide intervention plans.
Districts shall provide at least two years of transitional supports to ELLs who exit out of ELL status (former ELLs).
Support was expressed for the benefits of including ELLs in districtwide interventions plans.
Support was expressed for expanding transitional services for Former ELLs to two years as it further reinforces support for students who exit ELL status.
IDENTIFICATION
20 PROFESSIONAL DEVELOPMENT AND CERTIFICATION
PROPOSED REGULATORY CHANGE
COMMENTS
Require that 15 percent of professional development hours for all teachers and administrators be specific to the needs of ELLs, language acquisition and cultural competency.
Require that 50 percent of professional development hours for all Bilingual Education and ESL teachers to be specific to the needs of ELLs, language acquisition and cultural competency.
Create certification areas for bilingual teaching assistants and tenure and seniority protection areas for bilingual teaching assistants, bilingual teachers and ESL teachers.
Require that all prospective teachers complete coursework on ELL instructional needs, language acquisition and cultural competency
Support was expressed for including teachers and administrators in ELL specific professional development as it builds capacity to meet the specific needs of ELLs.
Concern was raised by NYSUT and others that the allotment of specific professional development hours is too prescriptive. NYSUT recommends that schools should be able to customize the PD according to their school-wide goals and the needs of teachers, school-related professionals, and administrators
IDENTIFICATION
21 DISTRICT PLANNING AND REPORTING
PROPOSED REGULATORY CHANGE
COMMENTS
Districts shall provide additional information in plans regarding programs for subpopulations of ELLs, information provided to parents, methods to annually measure and track ELL progress, and systems to identify, assess, and exit students from ELL status.
Require districts to provide additional information in reports regarding programs for subpopulations of ELLs including program information, if offered, by subpopulations and languages spoken in the district.
Support was expressed for reporting ELL subpopulation and the recommendation was made that data on subpopulations be made public in the best interest of transparency.
Concern was expressed over the increased paperwork for tracking and reporting requirements.
Actions Department recommends
Adopt Subparts CR Part 154-1 and CR Part 154- 2. Discuss amendments to CR Part 154-2. pertaining to parent notification and professional development requirements. Discuss addition of new Subpart CR Part 154-3 pertaining to ELL identification and exit procedures for students for disabilities.
(Studies in Fuzziness and Soft Computing 235) Kofi Kissi Dompere (Auth.) - Fuzzy Rationality - A Critique and Methodological Unity of Classical, Bounded and Other Rationalities-Springer-Verlag Berlin