8280 - Instruction for English Language Learners or Students with Limited English Proficiency

Policy: Instruction for English Language Learners or Students with Limited English Proficiency	Policy Number: 8280
Date of Original Policy: 07/10/2002	Date Revision Adopted: 02/03/2021
Reviewed by Policy Committee: 01/13/2021	Date of Next Review: 03/18/2024
Replacement of Policy Number:

The Board of Education recognizes its responsibility to ensure that students of foreign birth or ancestry, who have limited English proficiency, are provided with an appropriate program of bilingual transitional education or a free-standing program of instruction composed of English as a Second Language component. Regulations and procedures shall be developed pursuant to the Regulations of the Commissioner to:

a)    Identify those students who are English language learners or who have limited proficiency by means of a diagnostic screening of new entrants and provide a program of bilingual education or English as a Second Language for eligible students. A plan shall be developed to meet  the educational needs of each student and proficiency will be measured annually by a language assessment instrument in order to determine further participation by a student. The plan will include assessment of each student’s performance in content areas to measure the student’s academic progress. State mandated tests may be
offered in a student’s native language.

b)    Ensure that such students have access to appropriate instructional and support services, including guidance programs pursuant to Commissioner’s Regulations and the opportunity to participate in District educational programs, including all existing extracurricular programs and activities, which are available to all other students enrolled in the public schools of the District.

The instructional programs and services available to limited English proficient pupils to help them acquire English proficiency may include, pursuant to Commissioner's Regulations, bilingual education programs, free standing English as a second language programs, appropriate support services, transitional services, in-service training and parental notification.

No pupil shall be served in a bilingual or English as a second language program pursuant to Commissioner's Regulations for a period in excess of three (3) years from the date of enrollment in school unless such period is extended by the Commissioner of Education with respect to an individual pupil for a period not to exceed six (6) years.

A student whose score on an English language assessment instrument as specified in Section 154.2(a) of the Commissioner’s Regulations is a result of a disability shall be provided special education programs and services in accordance with the individualized education program (IEP) developed for such student and shall also be eligible for services pursuant to Part 154 of the Commissioner's Regulations when these services are recommended in the IEP.

The parent/guardian of a student identified as an English language learner or as limited proficient shall be informed in his/her native language, if necessary, of the student’s identification for and/or participation in an English language learner instructional program.

The Superintendent shall ensure that all data required by the Commissioner’s Regulations is submitted to the State Education Department in a timely manner.

Title I of the elementary and Secondary Education
Act of 1965, as amended by the No Child Left Behind
Act of 2001, Sections 1112(g) and 3302(a)
Education Law Sections 207, 215, 2117, and  3204(2)(2-a)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(g) and Parts 117 and 154