Technical amendments relating to Units of Study and Provision of Credits For English As A New Language and Native Language Arts.
Text of proposed rule:
Subdivision (h) of section 154-2.3 of the Regulations of the Commissioner of Education is amended, effective July 1, 2015, as follows:
(h) Provision of programs. For purposes of this subdivision, a unit of study and a unit of credit shall be as defined in section 100.1(a) and (b), respectively, of this Title.
(1) English as new language [K-B] K-8. Each school district shall provide an English as a new language program in grades K-8, based on a student’s English language proficiency level, as identified by the Statewide English language proficiency identification assessment or the annual English language proficiency assessment, as follows:
(i) beginner/entering. Students shall receive at least two units of study or its equivalent of English as a new language instruction. At least one unit of study or its equivalent shall be stand-alone English as a new language instruction and at least one unit of study or its equivalent shall be Integrated English as a new language [and] in English language arts instruction.
(ii) low intermediate/emerging. Students shall receive at least two units of study or its equivalent of English as new language instruction. At least one half of a unit of study or its equivalent shall be in stand-alone English as a new language, at least one unit of study or its equivalent shall be Integrated English as a new language [and] in English Language Arts instruction, and one half of a unit of study or its equivalent shall be either Integrated English as a new language or stand-alone English as a new language instruction.
(iii) intermediate/transitioning. Students shall receive at least one unit of study or its equivalent of English as a new language. At least one half of a unit of study or its equivalent shall be in integrated English as a new language [and] in English language arts instruction, and at least one half of a unit of study or its equivalent shall be either Integrated English as a new language or stand-alone English as a new language instruction.
(iv) advanced/expanding. Students shall receive at least one unit of study or its equivalent of integrated English as a new language [and] in English language arts or another content area.
(v) proficient/commanding. For at least two school years following the school year in which a student is exited from English language learner status, as prescribed in subdivision (m) of this section, such student shall receive at least one half of one unit of study or its equivalent of integrated English as a new language [and] in English language arts or another content area, or such other services that monitor and support the student’s language development and academic progress, as shall be approved by the Commissioner to assist Former English language learners once they have exited from an English as a new language or bilingual education program.
(2) English as a new language 9-12. Each school district shall, provide an English as a new language program in grades 9-12, based on a student’s English language proficiency level, as identified by the Statewide English language proficiency identification assessment or the annual English language proficiency assessment, as follows:
(i) beginner/entering. Students shall receive at least three units of study or its equivalent of English as a new language instruction. At least one unit of study or its equivalent shall be stand-alone English as a new language instruction; at least one unit of study or its equivalent shall be integrated English as a new language [and] in English language arts; and one unit of study or its equivalent shall be either integrated English as a new language or stand-alone English as a new language instruction. A student shall earn one unit of English language arts credit for successful completion of an integrated English as a new language [and] in English language arts unit of study, one unit of credit in the content area for successful completion of each integrated English as a new language unit of study; and one unit of elective credit for successful completion of a second stand-alone English as a new language unit of study.
(ii) low Intermediate/emerging. Students shall receive at least two units of study or its equivalent of English as a new language instruction. At least one half of a unit of study or its equivalent shall be in stand-alone English as a new language, at least one unit of study or its equivalent shall be integrated English as a new language [and] in English language arts instruction, and one half of a unit of study or its equivalent shall be either integrated english as a new language or stand-alone English as new language instruction. A student shall earn one unit of English language arts credit for successful completion of integrated English as new language [and] in English language arts unit of study or one unit of credit in the content area for successful completion of an integrated English as a new language unit of study, or one unit of elective credit for successful completion of stand-alone English as a new language unit of study.
(iii) intermediate/transitioning. Students shall receive at least one unit of study or its equivalent of English as a new language instruction. At least one half of a unit of study or its equivalent shall be in integrated English as a new language instruction and at least one half of a unit of study or its equivalent shall be either integrated English as a new language instruction or stand-alone English as a new language instruction. A student shall earn one unit of English language arts credit for successful completion of integrated English as new language [and] in English language arts unit of study or one unit of credit in the content area for successful completion of an integrated English as a new language unit of study, or one unit of elective credit for successful completion of stand-alone English as a new language unit of study.
(iv) advanced/expanding. Students shall receive at least one unit of study or its equivalent of integrated English as new language instruction. A student shall earn one unit of credit in a content area for successful completion of the integrated English as a new language unit of study in a content area [other than] which may include English language arts.
(v) proficient/commanding. For at least two school years following the school year in which a student is exited from English language learner status, as prescribed in subdivision (m) of this section, such student shall receive at least one half of one unit of study or its equivalent of integrated English as a new language or such other services that monitor and support their language development and academic progress, as shall be approved by the Commissioner to assist former English language learners once they have exited from an English as a new language or bilingual education program.
(3) Bilingual education programs. A bilingual education program in grades K-12 shall provide:
(i) two units of study or its equivalent in language arts, one in English and one in the student’s home language. English language arts may be provided through integrated English as a new language as prescribed in paragraphs (1) and (2) of this subdivision. A student shall earn one [half] English language arts or home language arts/languages other than English credit for each language arts unit of study, for a total of [one combined] two total [credit] credits for language arts each year.
(ii) content area instruction in the required content area subjects in the home language and in English (including all bilingual core content areas, i.e. math, science, and social studies, depending on the bilingual education program model and the student’s level of English language development). [, but must include] Beginner/entering and low intermediate/emerging students must receive a minimum of two bilingual core content areas other than language arts taught in both the student’s home language and English[)], in accordance with section 100.1(a) and (b) of this Title. Intermediate/transitioning and advanced/expanding students must receive a minimum of one bilingual core content area other than language arts taught in both the student’s home language and English, in accordance with section 100.1(a) and (b) of this Title.
(iii) English as a new language instruction, as prescribed in paragraphs (1) and (2) of this subdivision.
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, (518) 474-6400, email: legal@mail.nysed.gov
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, (518) 474-5520, email: NYSEDP12@nysed.gov
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 clarify the units of study mandated for and credits given to English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction, and clarify the units of study mandated for and credits given to ELLs in Bilingual Education Programs for ENL and bilingual core content area instruction. The proposed amendment also corrects certain terminology used in section 154-2.3(h).
NEEDS AND BENEFITS:
The proposed amendment enacts technical amendments to § 154-2.3(h) of the Commissioner’s Regulations, relating to units of study and provision of credits For English as a New Language and Native Language Arts, to:
• clarify the units of study mandated for and credits given to all English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction;
• clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and
• change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
Pursuant to Subpart 154-2, beginning with the 2015-2016 school year, all school districts must provide ELLs with an ENL (previously called “English As a Second Language” or “ESL”) program (in addition to providing Bilingual Education when 20 or more ELL students of the same grade speak the same home language district-wide). An ENL program is a research-based program comprised of two components:
• Integrated ENL, which is a content area (e.g., English language arts, math, science, social studies) instructional component in English with home language supports and appropriate scaffolds; and
• Stand-alone ENL, which is an English language development component.
Section 154-2.3(h)(1) and (2) sets forth the units of study mandated for and credits given to ELLs for ENL coursework, based on a student’s level of English proficiency as identified by the statewide English language proficiency identification assessment or annual English language proficiency assessment. Under § 154-2.3(h)(2), ENL program and crediting requirements for students in grades 9-12 are as follows, broken down by English proficiency level:
• Beginner/Entering: Beginner/Entering students get at least 3 units of ENL in total, of which 1 unit shall be Stand-alone ENL, 1 unit shall be Integrated ENL, and the remaining 1 unit shall be either Stand-alone or Integrated ENL;
• Low Intermediate/Emerging: Low Intermediate/Emerging students get at least 2 units of ENL in total, of which.5 unit shall be Stand-alone ENL, 1 unit shall be in Integrated ENL in English language arts, and the remaining.5 unit shall be either Stand-alone or Integrated ENL;
• Intermediate/Transitioning: Intermediate/Transitioning students get at least 1 unit of ENL in total, of which.5 unit shall be Integrated ENL, and the other.5 unit shall be either Stand-alone or Integrated ENL;
• Advanced/Expanding: Advanced/Expanding students get at least 1 unit of ENL in total, and that unit shall be Integrated ENL;
• Proficient/Commanding: For 2 years after exiting from ELL status, Proficient/Commanding students get at least.5 unit of ENL in total, and that.5 unit shall be Integrated ENL or other such services that monitor and support their language development and academic progress, as approved by the Commissioner.
Section 154-2.3(h) also sets forth program requirements for Bilingual Education programs, including units of study mandated for and credits given to ELLs. Under § 154-2.3(h)(3), students in Bilingual Education programs receive 2 units of study or its equivalent in Language Arts, 1 in English and 1 in the student’s home language. The English component of Language Arts is provided through Integrated ENL in English language arts, as described above. Students earn one half credit for successful completion of each credit of Language Arts study. Students in Bilingual Education programs must also receive instruction in both the student’s home language and English in a minimum of two bilingual core content areas other than Language Arts (i.e., math, science, and social studies).
The proposed amendment provides that Integrated ENL coursework for Advanced/Expanding ELLs in grades 9-12 may be in English Language Arts or in another content area.
The proposed amendment also provides that students in Bilingual Education programs shall earn one English Language Arts credit for each English As a New Language unit of study, and one Native Language Arts or Languages Other Than English (LOTE) credit for each unit of Language Arts study in the student’s home language.
Furthermore, the proposed amendment provides that students in a Bilingual Education Program at the Beginning/Entering and Low Intermediate/Emerging levels must receive instruction in both the student’s home language and English in a minimum of two bilingual core content areas other than Language Arts (i.e., math, science, and social studies). It also provides that students in a Bilingual Education Program at the Intermediate/Transitioning and Advanced/Expanding levels must receive instruction in both the student’s home language and English in a minimum of one bilingual core content area other than Language Arts (i.e., math, science, and social studies).
Finally, the proposed amendment makes a technical amendment to replace the phrase “Integrated English as a New Language and English Language Arts instruction” throughout § 154-2.3(h) with “Integrated English as a New Language in English Language Arts instruction” (emph. added).
COSTS:
(a) Costs to the State: none.
(b) Costs to local governments: none.
(c) Cost to private regulated parties: none.
(d) Costs to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for Integrated ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for Integrated ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
PAPERWORK:
The proposed amendment does not impose any additional reporting or other paperwork requirements.
DUPLICATION:
The proposed amendment does not duplicate existing State or Federal requirements.
ALTERNATIVES:
There were no significant alternatives and none were considered. The proposed amendment merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for Integrated ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
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. The proposed amendment merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for Integrated ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment enacts technical amendments to § 154-2.3(h) of the Commissioner’s Regulations to clarify the units of study mandated for and credits given to all English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.” The proposed amendment 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 compliance requirements on local governments. The proposed amendment merely enacts technical amendments to clarify the units of study mandated for and credits given to all English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
3. PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on local governments. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
5. ECONOMIC AND TECHNOLOGICAL FEASIBILTY:
The proposed amendment does not impose any additional costs or technological requirements on local governments.
6. MINIMIZE ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on local governments. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
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 compliance requirements on entities in rural areas. The proposed amendment merely enacts technical amendments to clarify the units of study mandated for and credits given to all English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
The proposed amendment does not impose any additional professional service requirements on entities in rural areas.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on entities in rural areas. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs on entities in rural areas. It merely enacts technical amendments to clarify the units of study mandated for and credits given to all ELLs for ENL instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.”
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 enacts technical amendments to § 154-2.3(h) of the Commissioner’s Regulations to clarify the units of study mandated for and credits given to all English Language Learners (ELLs) for Integrated English as a New Language (ENL) instruction; clarify the units of study mandated for and credits given to ELLs in Bilingual Education programs for ENL and bilingual core content area instruction; and change the phrase “Integrated English as a New Language and English Language Arts instruction” to “Integrated English as a New Language in English Language Arts instruction.” The proposed rule 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.
