4326 - Programs for English Language Learners


Adoption Date: 6/8/2000, Revised: 4/9/2015 
4000 - Instruction

4326 Programs for English Language Learners

The Board of Education believes that students who, by reason of foreign birth or ancestry, have limited English proficiency (referred to here as “English Language Learners” or ELLs), will be more effective learners of both the language and the curriculum if they receive instruction in both their native language and English. The District will therefore take steps to identify ELL students and provide ELL students with an appropriate program of either Bilingual Education or English as a New Language.

Pursuant to this policy and the regulations of the Commissioner of Education, the Superintendent of Schools is directed to develop appropriate administrative regulations to ensure that students are:

1. screened to determine if the student is an ELL, in accordance with Parts 117 and 154 of the Commissioner's Regulations, a process that will include interviews and assessments and will assign each ELL student to the appropriate subpopulation (newcomer, developing, long term, former or inconsistent/interrupted formal education);

2. identified, as appropriate, as an ELL student with a disability;

3. annually evaluated to determine continued ELL eligibility. Included in the evaluation shall be each student’s performance in English language proficiency and academic progress in content areas;

4. assured of access to appropriate instructional and support services, including guidance programs within the timeframes provided by Commissioner’s Regulations; and

5. assured of having equal opportunities to participate in all school programs and extracurricular activities as non-ELL students.

The Superintendent shall be responsible for ensuring that the Commissioner of Education is provided with a comprehensive plan that describes the District’s ELL program and includes all information specified in the Commissioner's Regulations, before the start of each school year.  The District will also provide assurances that the District is providing appropriate school-related information to the parents (or persons in parental relation) of all ELL students in English and the language they best understand.

The District will provide an orientation program annually for ELL parents and will meet individually with ELL parents at least once a year, in addition to regular parent/teacher meetings.

In addition, the Superintendent shall insure that all teachers employed in any Bilingual and/or English as a New Language program are properly certified in accordance with the Commissioner’s Regulations, and that all staff receives appropriate professional development on ELL students.

Policy References:
Education Law §3204
English Acquisition, Language Enhancement, and Academic Achievement Act, 20 USC §§6801 et seq.
Equal Educational Opportunities Act of 1974, §§201 et seq.,
20 U.S.C. §§1701 et seq.
8 NYCRR §§80-2.9; 80-2.10; 117; 154 
Lau v. Nichols, 414 U.S. 563 (1974)
Rios v. Read, 480 F. Supp. 14 (1978)
Cintron v. Brentwood UFSD, 455 F.Supp 57 (1978)
Aspira of New York v. Board of Educ. (City of New York), 394 F. Supp. 1161 (1974)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 9700 - Staff Development