EDU-40-14-00006-P Pupils with Limited English Proficiency

10/8/14 N.Y. St. Reg. EDU-40-14-00006-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 40

October 08, 2014

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-40-14-00006-P

Pupils with Limited English Proficiency

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 154-2.3 and 154-2.4 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207(not subdivided), 208(not subdivided), 215(not subdivided), 305(1) and (2), 2117(1), 2854(1)(b), 3204(2), (2-a), (3) and (6)

Subject:

Pupils with Limited English Proficiency.

Purpose:

To enact certain technical amendments; allow parents an additional five days to return to the school district the signed notification form regarding student placement; and permit school districts to apply for an exemption from the professional development requirements addressing the needs of English Language Learners under certain circumstances.

Text of proposed rule:

1. Paragraph (5) of subdivision (a) of section 154-2.3 is amended, effective December 31, 2014, as follows:

(5) If the student receives a score below a state designated level of proficiency established by the Commissioner on the statewide English language proficiency identification assessment, or in the case of a student with a disability, the process defined in Subpart 154-3 has led to a determination that the student shall be initially identified as an English Language Learner, within five (5) school days of such identification, the school district must provide the student, if the student is 18 years of age or older, or the student’s parent or person in parental relation written notice of such identification determination the right to seek review of such identification determination pursuant to section 154-2.3(b).

2. Subparagraph (iv) of paragraph (2) of subdivision (f) of section 154-2.3 is amended, effective December 31, 2014, as follows:

(iv) In a school district where the number of eligible students requires that a Bilingual Education program be provided, but the school district has been granted an exemption pursuant to section 154-2.3(d)[(8)](7) and [(9)](8) of this Subpart, the notification must explain how the school will offer to support home language as defined in Section 154-2.3(d)(7)(ii) of this Subpart, and provide a summary of its plans for instituting a Bilingual Education program the following school year.

3. Paragraph (3) of subdivision (f) of section 154-2.3 is amended, effective December 31, 2014, as follows:

(3) Upon notification of the parent or person in parental relation, the school district shall provide the parent or person in parental relation [five (5)] ten (10) school days to sign and return to the district a statement that the parent or person in parental relation is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program. If a parent or person in parental relation does not return the signed notification form within [five (5)] ten (10) school days of receiving the notice, the student shall be placed in a Bilingual Education program if there is one in the school that serves the grade and home language spoken by the student or in an English as a New Language program if the school is not required to provide a Bilingual Education program. In the event that a parent or person in parental relation does not return the signed notification form within [five (5)] ten (10) school days, the parent or person in parental relation shall retain the right to make a final decision regarding the placement of their child in a Bilingual Education or English as a New Language program.

4. Subdivision (k) of section 154-2.3 is amended, effective December 31, 2014, as follows:

(k) Professional Development. Each school district shall provide professional development to all teachers and administrators that specifically addresses the needs of English Language Learners.

(1) Consistent with section 80-3.6 and section 100.2(dd) of this Title, a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers prescribed by Part 80 of this Title shall be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. For all Bilingual and English as a Second Language teachers, a minimum of fifty (50%) of the required professional development clock hours prescribed by Part 80 of this Title shall be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners. All school districts must align and integrate such professional development for Bilingual and English as a Second Language teachers with the professional development plan for core content area for all teachers in the district.

(2) A school district may seek permission on an annual basis from the commissioner for an exemption from the professional development requirements of this subdivision where there are fewer than thirty (30) English Language Learner students enrolled or English language learners make up less than five percent (5%) of the district’s total student population as of such date as established by the Commissioner. A district seeking permission for such exemption shall submit to the commissioner for approval an application, in such format and according to such timeline as may be prescribed by the commissioner, that includes:

(i) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners; and

(ii) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all Bilingual and English as a Second Language teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners.

5. Paragraph (8) of subdivision (b) of section 154-2.4 of the Regulations of the Commissioner of Education is amended, effective December 31, 2014, as follows:

(8) The district’s policies and procedures [to refer] regarding English Language Learners who are students with disabilities [to the Language Proficiency Team (LPT) during the 2015-2016 school year, or to the Committee on Special Education (CSE) during the 2016-2017 school year and thereafter, to make determinations] are consistent with the requirements of this Subpart and Subpart 154-3 of this Title.

Text of proposed rule and any required statements and analyses may be obtained from:

Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Cosimo Tangorra, Jr., Deputy Commissioner, State Education Department, Office of P-12 Education, State Education Building, 2M West, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Regulatory Impact Statement

STATUTORY AUTHORITY:

Education Law section 207 empowers the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.

Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Education Law section 215 authorizes the Board of Regents and the Commissioner of Education to require school districts to prepare and submit reports containing such information as they may prescribe.

Education Law section 305 (1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents.

Education Law section 2117(1) empowers the Board of Regents and the Commissioner of Education to require school districts to submit any information they deem appropriate.

Education Law section 3204(2) and (2-a) provide for instructional programs for pupils with limited English proficiency to be conducted in accordance with regulations of the Commissioner. Education Law section 3204(3) authorizes the Commissioner to establish standards for the instruction of children with limited English proficiency, and section 3204(6) requires the Commissioner to establish such standards by regulation.

LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority, and is necessary to implement Regents policy on instruction standards for English Language Learners (ELL), to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, and the Equal Educational Opportunities Act of 1974 (EEOA).

NEEDS AND BENEFITS:

At their September 16-17, 2014 meeting, the Board of Regents amended Part 154 of the Commissioner’s Regulations to add new Subparts 154-1 and Subpart 154-2 as part of the Department’s effort to improve instruction and programming for English Language Learner (ELL) students to ensure stronger outcomes for this student population.

Included in the new Subpart 154-2 is section 154-2.3(f)(3), which provides that the parent or person in parental relation shall have five school days to sign and return to the school district a statement that he/she is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

Also included in the new subpart 154-2 is section 154-2.3(k), which requires each school district to provide professional development to all teachers and administrators that specifically addresses the needs of ELL students, including that a minimum of fifteen percent (15%) of the required professional development clock hours for all teachers prescribed by Part 80 of this Title be dedicated to language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for ELL students and, for all Bilingual and English as a Second Language teachers, a minimum of fifty (50%) of the required professional development clock hours prescribed by Part 80 of this Title be dedicated to language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for ELL students.

The proposed amendment is the result of further consideration by the State Education Department of: (1) the need to provide parents with additional time to return to the district the signed notification form regarding their child’s placement in a Bilingual Education or English as a New Language program, and (2) the need to provide districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. The proposed amendment is are necessary to make certain technical amendments.

Specifically, the proposed amendments to Subpart 154-2 would:

• Afford parents ten school days, rather than five school days as currently provided in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program;

• Under certain circumstances, allow school districts to apply for an exemption from the requirement that a minimum of 15% of the required professional development clock hours for all teachers and a minimum of 50% of the required professional development clock hours for all Bilingual and English as a Second Language teachers be dedicated to certain areas related to the needs of English Language Learners. A school district may seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements of this subparagraph where there are fewer than thirty English Language Learner students enrolled or English language learners make up less than 5% of the district’s total student population as of such date as established by the Commissioner. School districts would apply for an exemption in a format and timeline as may be prescribed by the Commissioner, and would be required to submit evidence that all teachers, including Bilingual and English as a Second Language teachers, receive training in specific areas sufficient to meet the needs of the district’s English Language Learner students;

• Enact certain technical amendments to section 154-2.3(a)(5) to add a clarifying reference to “initial” identification, and to section 154-2.4(b)(8) to replace language referring to specific procedures originally proposed in new Subpart 154-3 that are being separately revised with a generic reference to requiring consistency with Subpart 154-3; and to conform section 154-3(f)(2)(iv) to section 154-2.3(d) by replacing “school” with “school district” and correcting certain citations.

COSTS:

(a) Costs to State government: none.

(b) Cost to local governments: The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner. It is anticipated that any costs to school districts that are associated with such application will be minimal and capable of being absorbed using existing school district staff and resources.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program. There are no costs associated with this extension.

(c) Cost to private regulated parties: none.

(d) Costs to regulating agency for implementation and continued administration of this rule: It is anticipated that any costs to the State Education Department that are associated with the processing of applications will be minimal and capable of being absorbed using existing Department staff and resources.

LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

PAPERWORK:

A school district may seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner, that includes:

(i) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners; and

(ii) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all Bilingual and English as a Second Language teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners.

DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements, and is necessary to implement Regents policy on instruction standards for English Language Learners (ELL) to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974 (EEOA).

ALTERNATIVES:

There were no significant alternatives and none were considered.

FEDERAL STANDARDS:

The proposed amendment is necessary to ensure compliance with Title I and III of the ESEA, Title IV of the Civil Rights Act of 1964, and the EEOA.

COMPLIANCE SCHEDULE:

It is anticipated that regulated parties can achieve compliance with the proposed amendment by its effective date.

Regulatory Flexibility Analysis

Small Businesses:

The proposed amendment relates to criteria for bilingual education and English as a New Language programs for students who are English Language Learners and does not impose any adverse economic impact, reporting, record keeping or other compliance requirements on small businesses. No further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

Local Governments:

1. EFFECT OF RULE:

The proposed amendment applies to each of the 689 public school districts and 37 boards of cooperative educational services (BOCES) in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population.

A school district may seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner, that includes:

(i) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners; and

(ii) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all Bilingual and English as a Second Language teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional service requirements.

4. COMPLIANCE COSTS:

The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner. It is anticipated that any costs to school districts that are associated with such application will be minimal and capable of being absorbed using existing school district staff and resources.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program. There are no costs associated with this extension.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILTY:

The proposed amendment does not impose any additional technological requirements. Economic feasibility is addressed above under compliance costs.

6. MINIMIZE ADVERSE IMPACT:

The proposed amendment provides increased flexibility to parents and to school districts.

The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.

8. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of the proposed amendment shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement long-range Regents policy relating to bilingual education and English as a New Language programs for students who are English Language Learners. Accordingly, there is no need for a shorter review period.

The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all school districts and boards of cooperative educational services (BOCES) in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon entities in rural areas. The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner, that includes:

(i) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners; and

(ii) evidence that, as part of the required professional development clock hours prescribed by Part 80 of this Title, all Bilingual and English as a Second Language teachers receive training, sufficient to meet the needs of the district’s English Language Learner students, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for English Language Learners.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

The proposed amendment does not impose any additional professional service requirements on rural areas.

3. COMPLIANCE COSTS:

The proposed amendment provides school districts, including those in rural areas, with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population. A district seeking permission for such exemption shall submit to the Commissioner for approval an application, in such format and according to such timeline as may be prescribed by the Commissioner. It is anticipated that any costs to school districts that are associated with such application will be minimal and capable of being absorbed using existing school district staff and resources.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program. There are no costs associated with this extension.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment provides increased flexibility to parents and to school districts, including those located in rural areas.

The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

The proposed amendment is necessary to implement Regents policy on standards for instruction of English Language Learners (ELL), to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974 (EEOA).. Since these requirements apply to all school districts and BOCES in the State, it is not possible to adopt different standards for those located in rural areas.

5. RURAL AREA PARTICIPATION:

The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of the proposed amendment shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement long-range Regents policy relating to bilingual education and English as a New Language programs for students who are English Language Learners. Accordingly, there is no need for a shorter review period.

The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10. of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Job Impact Statement

The proposed amendment is necessary to implement Regents policy on standards for instruction of English Language Learners (ELL), to ensure compliance with Education Law sections 3204 and 4403, and Title I and III of the Elementary and Secondary Education Act (ESEA), Title IV of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974 (EEOA). Federal civil rights and education laws, as well as federal court jurisprudence, require that ELL students must be provided with equal access to all school programs and services offered to non-ELL students, including access to programs required for graduation. Education Law section 3204 and Part 154 of the Regulations of the Commissioner (8 NYCRR Part 154) contain standards for educational services provided to ELLs in New York State in order to meet these federal obligations.

The proposed amendment provides school districts with an option for flexibility in the manner in which they provide professional development addressing the needs of English Language Learners in the form of an exemption. A school district may, but is not required to, seek permission on an annual basis from the Commissioner for an exemption from the professional development requirements in section 154-2.3(k) where there are fewer than thirty English Language Learner students enrolled or English Language Learner students make up less than five percent (5%) of the district’s total student population.

In addition, the proposed amendment provides that school districts shall afford parents ten school days, rather than five school days as currently set forth in the regulations, to sign and return to the district a statement that the parent is either in agreement with the child being placed in a Bilingual Education program or directs the district to place the child in an English as a New Language program.

The proposed amendment will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.