MODULE 4
New York State Regulations, Standards and ESL Students
Introduction
The purpose of this module is to introduce participants in this training to some key information contained in the New York State Commissioner’s Regulations Part 154. These regulations pertain to students in grades K-12 whose native language is other than English and who speak little or no English. (See TAT Pack appendix for the complete text of the recently revised CR Part 154 Regulations.) Such students are known as Limited English Proficient English Language Learners, or LEP/ELLs. Refer to other TAT PACK modules for additional information on topics such as testing and assessment, integrating LEP students into the general classroom, LEP/special education, and others.
It is strongly recommended that instructors use overhead transparencies of each of the pages in this module. Open the discussion by displaying each of the questions while covering the answers. Ask participants to discuss possible responses to each of the questions, one question at a time, before revealing the responses that have been provided (based on the CR Part 154 Regulations).
NOTE: For complete, official and up-to-date information about LEP/ELL students in New York State, please contact the New York State Education Department Office of Bilingual Education at (518) 474–8775. Also see the New York State Education Department website information, and a list of regional Bilingual/ESL technical assistance centers (BETACs), in the appendix of this document.
OH 4.1
INITIAL IDENTIFICATION OF STUDENTS
1. How do you know when a student is LEP?
Every new student coming into a NYS public school must have his/her parent (or guardian) fill out a Home Language Questionnaire. If the HLQ indicates that a language other than English is spoken in the home, the student
must be tested to determine his/her level of English proficiency. (See sample in this module, immediately following.)
2. What test is used by the school district to identify students as LEP?
IMPORTANT NOTE: As of 2003, the New York State Education Department (NYSED) now requires that the newly developed Language Assessment Battery-R (LAB-R) must be use in every school district in the State in order to determine whether a student who has entered a NYS school for the first time (at any grade level) is LEP.
3. What is the cut-off point on the new LAB-R which will determine which students are LEP and should, therefore, be placed in an English as a second language (ESL) or bilingual education program?
The designated levels on the LAB-R which will be used to identify students as LEP are available from the New York State Education Department, along with other information on the administration of the test.
4. How often will the students take the LAB-R test?
This test will be used exclusively for initial identification and placement purposes, and will be administered one time only to each student who is possibly LEP.
Notes: (Display OH 4.2: Home Language Questionnaire [HLQ].) Explain that the HLQ is available in many different languages other than English, and should be administered in the language best understood by the LEP student’s parent or guardian. To obtain copies of the translated HLQ contact your nearest Bilingual/ESL Technical Assistance Center (BETAC). (See appendix for a complete list of the statewide BETAC network.)
OH 4.3
Annual Assessment
5. How do you know if LEP students should still be in ESL (or bilingual education) program at the end of the school year?
All LEP students have traditionally been tested every spring, without exception, until they surpassed the 40th percentile on a standardized test of reading in English selected by the school district and approved by the NYSED. If a LEP student could score above the 40th percentile, this was considered by the State to be the point at which such students could begin to function successfully in mainstream classrooms without additional ESL support.
NOTE: As of 2003, a new standards-based test developed by the NYSED is now being implemented throughout the State. The New York State English as a Second Language Achievement Test (NYSESLAT) will be administered uniformly to every LEP student in ESL or bilingual education programs in the New York State public schools, every spring, at every grade level, until the student is no longer designated as LEP.
6. Will the passing score on the annual test still be the 40th percentile?
No. The NYSESLAT offers vertical scaling across the grades in the total test battery, and tests listening, speaking, reading and writing in English. The test has cut points indicating beginning, intermediate or advanced skills in each of the scales, and also cut points that indicate when a student is ready to exit the program.
7. Who is responsible for the former LEP students once they have tested out of the program?
All school districts are held accountable for the progress made by LEP/ELL students in meeting all of the State standards after they are no longer receiving ESL or bilingual services. The progress of these students is reported to the NYSED through annual student data reports.
OH 4.4
IN ESL CLASSROOMS
1. What is ESL?
ESL stands for English as a Second Language. (The preferred term, although not as widely used, is ESOL, English to Speakers of Other Languages.) The most widely used form of ESL is ESL “pull-out.” This means the LEP/ELL student goes to ESL classes during certain times of the day, to learn and strengthen his/her English language skills, and is in the regular classroom the rest of the day.
In ESL classes, students receive instruction in listening, speaking, reading and writing in English, cultural information, and content area information using ESL methodologies.
2. Why do we need ESL teachers? Don’t they interfere with content area classes?
ESL teachers are specially trained and certified in order to help LEP students learn English as rapidly as possible so they can participate fully in all aspects of the school program.
ESL teachers and content area teachers should coordinate with one another to the greatest extent possible. ESL teachers should reflect students’ subject area material in their ESL lessons. Conversely, classroom teachers should provide LEP students with opportunities to practice what they are learning in their ESL classes (e.g., question and answer forms).
3. How come some students are in bilingual education classes, while others go to ESL only?
Not every school district offers bilingual education (native language and ESL) programs. Bilingual programs are required in NYS only when there are twenty or more LEP students in the same building, in the same class, who speak the same language other than English.
OH 4.5
Why do kindergarten students need ESL?
English proficient students at this age are also developing their language skills. However, they have already had four or more years of English language development before coming to kindergarten. LEP students have a lot of catching up to do.
4. How can I as a classroom (or subject area) teacher work with different levels of LEP students who may speak several different languages other than English, in the same classroom?
Some suggestions: Carefully group your students by ability levels, have them work in pairs, group more advanced students with beginning level students, and assign native English speaking “buddies” to assist each LEP/Ell student. (See TAT PACK module on this topic.)
OH 4.6
IN BILINGUAL EDUCATION CLASSROOMS
QUESTIONS:
1. What is bilingual education? Is it just for Spanish speaking LEP/ELL students?
Bilingual education means that content area classes are being taught both in English and the students’ native languages, not necessarily limited to Spanish. Native language arts instruction is also provided. However, it is important to note that ESL must always be the first priority of all bilingual education programs.
2. Why do students in bilingual education programs study their native languages? Don’t they know them already?
A goal of bilingual education programs is to maintain the students’ native languages and build upon them while, at the same time, developing their English skills.
3. How many schools in New York State have bilingual education programs? Where are these schools located?
Bilingual Education programs are usually found in the larger cities in New York State such as: New York City, Yonkers, Syracuse, Rochester, Buffalo, and Newburgh as well as some larger districts on Long Island and in the Westchester/Mid-Hudson region. All other school districts with LEP/ELL students offer ESL programs only.
4. Some people say that these students are in bilingual education classes forever, even at the high school level. Is that true?
New York State education law states that students cannot be in bilingual (or ESL) programs any longer than six year Students who may be observed in bilingual programs at the high school level are recent arrivals to the U.S.
OH 4.7
5. Why does bilingual education (and ESL) seem to take so long? Many students who are in bilingual education (or ESL) classes appear to speak English.
There is a big difference between the English that LEP students
Speak socially (e.g., on the playground) and the English they will have to use in school. Academic language (e.g., reading textbooks) takes much longer to learn than informal, conversational English.
6. Can parents take their children out of a bilingual education program?
According to New York State regulations, parents have the option to withdraw their child from a bilingual education program. However, the student must remain in the ESL program until he/she is no longer LEP.
7. With more than 125 different languages spoken by LEP students in New York State are teachers expected to learn all these different languages?
Bilingual education programs exist in only a few majority languages other than English, and bilingual teachers are hired who are certified to teach in both English and the students’ native language. (ESL teachers, on the other hand, are not required to know and use the students’ native languages.)
8. Doesn’t bilingual education encourage racial and ethnic segregation?
No, grouping same language children for instructional purposes need not prevent their integration with native English speakers. In fact, they must be integrated with their English proficient peers for classes such as art, music, and physical education.
OH 4.8
MEETING THE STANDARDS
1. Are LEP students exempt from New York State’s standards and graduation requirements?
No, LEP students are not exempt from meeting the NYS standards, which is why it is extremely important for ESL (and bilingual education) teachers to work closely with regular classroom and subject area teachers. Schools should also provide additional instruction for LEP/ELLs after school, on weekends, and during the summer, to the greatest extent possible.
2. Can LEP students graduate from high school if they don’t pass the required Regents examinations?
No, and some LEP students may need additional time in high school to prepare, especially if they haven’t had many years of schooling in their home country.
3. What happens if a LEP student fails one or more of the Regents examinations?
Any student can take the exams over again until he/she passes them.
4. If students have taken ESL, why are some of them allowed to take some of the content area Regents exams in their native languages?
LEP students are in ESL because they need English language support. Although they may seem to speak English well, they may not be ready to take content area exams that contain difficult, academic language.
4. Doesn’t it give the LEP students an unfair advantage if they take the content area Regents examinations in their native language?
No, the tests are for the purpose of demonstrating knowledge of the content area.
OH 4.9
PARENTAL INVOLVEMENT
NOTE: Parental involvement is addressed in several sections of the CR Part 154 Regulations because it is especially important – and sometimes difficult - to involve the parents (or guardians) of LEP students in their children’s education.
QUESTIONS:
1. What are some ways to get LEP students’ parents involved in the school?
Send home weekly or monthly packets of each student’s work for parents to review; invite parents to come in and work on special projects with their children; and, encourage parents to be reading partners with their children (in the native language and/or English).
2. If LEP parents do not seem to be interested in their children’s schoolwork, and say that they are too busy to attend school functions, how can schools accommodate them?
Hold meetings at different times and days of the week, or send out a survey in the native language that asks which times they are available to come in to the school. This will help to accommodate working parents and/or parents with other children at home. Also, send notices home in the native language of the parents and make follow-up phone calls (using a translator, if necessary).
3. What can teachers do if the parents of LEP students will not attend important parent-teacher conferences?
In other cultures, parents may not be expected or welcomed into their children’s schools unless the child is in trouble. Begin with meetings, and other communication, that focuses on the positive aspects of the student’s behavior and performance.
OH 4.10
4. What can teachers do after they have tried writing letters and calling home to their LEP students’ parents, but they are still reluctant to get involved?
Find someone in the school or in the community to serve as a translator. Also, try to schedule a meeting close to where the parents live; for example, in a church or in a library. Also consider providing transportation (subway tokens, school bus, etc.) and, where possible, baby-sitting services at the school during parent functions.
5. What can school personnel do if LEP parents seem to distance themselves from other parents at school meetings? How can we promote unity?
You might try “ice-breaker” activities and/or social functions such as sharing ethnic foods and multi-cultural entertainment as part of the meetings.
6. What are some of the requirements for LEP parental involvement, according to CR Part 154?
The requirements include the provision of an initial parent orientation to the school and to the NYS standards and graduation requirements, when the LEP student first enrolls in school; informing parents of their children’s placement in ESL or bilingual education programs, and parent-teacher meetings to inform parents of their children’s progress in school. (See Regulations in the appendix of this document.)