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Article 36 - English Language Instruction
| Section 36.1 | Purpose |
| Section 36.2 | Limited English Proficient Classification |
| Section 36.3 | Limited English Proficiency Programs |
| Section 36.4 | Comprehensive Plan State Aid |
| Section 36.5 | Bilingual Instruction |
| Section 36.6 | English As A Second Language Instruction |
| Section 36.7 | Contract With BOCES |
| Section 36.8 | Notice To Parents |
| Section 36.9 | Support Services |
| Section 36.10 | Transitional Services |
| Section 36.11 | In-Service Training |
| Section 36.12 | Services To LEP Students With Disabilities |
Article 36
ENGLISH LANGUAGE INSTRUCTION
Adopted 1/15/02
The Board of Education believes that students who, by reason of foreign birth or ancestry, have limited English proficiency 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 make every effort to ensure that limited English proficient (LEP) students are provided with an appropriate program of transitional bilingual education or free-standing English as a second language (ESL) program.
Section 36.2 Limited English Proficient Classification
A student will be classified as “LEP” (limited English proficient) who:
(A) by reason of foreign birth or ancestry, speaks a language other than English, and
(B) scores at or below the fortieth percentile on an English language instrument approved by the New York State Commissioner of Education.
Section 36.3 Limited English Proficiency Programs
In attempting to ensure that students who are limited English proficient (LEP) receive appropriate schooling in English and curriculum areas, the school District shall:
(A) in accordance with Part 117 of the Commissioner's Regulations, diagnostically screen every new entrant to the schools to determine whether they are possibly LEP in accordance with subdivision 2-a of Section 3204 of the Education Law.
(B) also be determined through such screening whether the student is of foreign birth or ancestry and comes from a home where a language other than English is spoken as determined by the results of a home language questionnaire and an informal interview in English;
(C) ensure that students diagnostically determined to be LEP are annually evaluated, with such evaluation to include evaluation of each student's performance in content areas to measure the student's progress;
(D) ensure that all LEP students have access to appropriate instructional and support services, including guidance programs;
(E) ensure that all LEP students have equal opportunities to participate in all school programs and extracurricular activities as non-LEP students;
(F) annually provide the Commissioner with the following documents, in the form and by the dates prescribed by the Commissioner:
(1) a. a copy of the Board of Education's policy;
(2) a report by building of students initially identified and annually evaluated as being LEP in the preceding school year;
(3) a report by building of the number of teachers and support personnel providing services to LEP students;
(4) a description by building of the curricular and extracurricular services provided to LEP students; and
(5) results of the annual evaluation of LEP students, including test data and any additional data required by the Commissioner;
(G) distribute to the parents, or other persons in parental relation to LEP students, school-related information in English or when necessary, the language they understand, and refer LEP students who are suspected of having a disability to the Committee on Special Education (CSE).
Section 36.4 Comprehensive Plan & State Aid
(A) In order to receive state funds for the education of LEP students, the District shall submit to the State Education Department by September 1 of each year a comprehensive plan to meet the educational needs of such students.
(B) The District’s comprehensive plan shall include:
(1) the criteria used to place LEP students in appropriate transitional bilingual or free-standing ESL programs;
(2) a proposed budget for the operation of the state-aided program;
(3) a description of the nature and scope of the bilingual and/or ESL services currently available to LEP students;
(4) an evaluation plan in the format specified by the State Education Department;
(5) a description of procedures for the program's management, including: staff selection, parental notification, coordination of funds, training, and program planning;
(6) an assurance that all regulations and laws governing programs for LEP students will be followed;
(7) a description of the support services provided to LEP students;
(8) a description of the transitional services provides to LEP students; and
(9) a description of the in-service training plan for all school personnel.
Section 36.5 Bilingual Instruction
(A) Should twenty (20) or more LEP students with the same native language at the same grade level all attend the same school building in the District, such students shall be provided with a bilingual program.
(B) The District’s bilingual program shall be composed of:
(1) English as a second language (ESL) instruction which emphasizes listening, speaking, reading, writing and communicating skills in English;
(2) course content instruction in both English and the native language; and
(3) native language arts instruction which emphasizes communication skills in the student's home language.
Section 36.6 English As A Second Language Instruction
(A) Should fewer than twenty (20) LEP students with the same native language at the same grade level all attend the same school building in the District, such students shall be provided with a free-standing English as a Second Language (ESL) program.
(B) The District’s ESL program shall be composed of instruction which emphasizes listening, speaking, reading, writing, and communicating skills in English.
(C) Notwithstanding any other provision of this Article, the District’s ESL program shall not provide a native language arts component designed to develop skills in the native language absent specific approval of the Board of Education upon recommendation of the Superintendent.
Section 36.7 Contract With BOCES
The District reserves the right to contract with a Board of Cooperative Educational Services (BOCES) or another school District to provide bilingual and/or ESL programs.
Section 36.8 Notice To Parents
(A) The District shall provide written notification, in English or in the appropriate native language, to the parent(s) or guardian(s) of a student designated as LEP of the student's placement in a transitional bilingual or ESL program.
(B) Such written notice shall include the following information:
(1) the reason(s) their child has been identified as in need of placement in a language instruction education program,
(2) their child’s level of English proficiency;
(3) the manner in which the District assessed their child’s level of English proficiency;
(4) the status of their child’s academic achievement;
(5) the methods of instruction used in their child’s program, as well as methods used in other available programs including any differences in content, instructional goals, and the use of English and a native language in instruction;
(6) a description of how the program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
(7) the specific exit requirements for the program, including the expected rate of transition into classrooms not tailored for limited English proficient students, and the expected rate of graduation from high school where Title I funds are used to support high school programs;
(8) in case the child is a student with disabilities, a description of how the program meets the objectives set out in the student’s IEP; and
(9) information pertaining to their parental rights, including
(a) a statement that the parents have a right to have their child immediately removed from such program upon their request, and
(b) if more than one program or method is offered by the District,
(i) detailing the options which the parents have to decline to enroll their child in such program or to chose another available program or method of instruction, and
(ii) guidance and assistance to the parents in selecting among various programs and methods of instruction; and
(10) when the number of eligible students in their child’s building does not require the offering of a transitional bilingual education program, the parents shall be informed that they have the option of transferring their child to another school within the District which offers a transitional bilingual education program, and that if they choose not to exercise such option that their child will participate in a free-standing ESL program.
(C) Should a parent wish to withdraw his/her child from a transitional bilingual program, the parent/guardian shall meet with the Building Principal for the purpose of informing the parent/guardian of the nature and value of the transitional bilingual program.
(D) Any child that withdraws from a transitional bilingual program must participate in a free-standing ESL program.
(E) In addition to providing the information required by paragraphs (A) and (B) of this section, in the event that the District has been determined by the Commissioner to have failed to make progress on the annual measurable achievement objectives established by the Commissioner related to the development and attainment of English proficiency of meeting state academic standards, the District shall separately inform the parents of each child identified for participation in such program, or participating in such program, of such failure not later than 30 days after the failure has occurred.
The District shall provide appropriate support services to students who are participating in either transitional bilingual or free-standing ESL programs in order for such students to achieve and maintain a satisfactory level of academic performance, and such service may include, but shall not be limited to, individual counseling, group counseling, home visits, and parental counseling. If determined to be appropriate by the Superintendent, such services shall be provided in the first language of the student(s) and the student's(s') parent(s)/ guardian(s).
Section 36.10 Transitional Services
The District shall ensure a transition for former LEP students who are transferring from a bilingual or free-standing ESL program into an English mainstream program. Transitional services shall be provided for the first year after such students are placed in the English mainstream instructional program.
Section 36.11 In-Service Training
The District shall provide in-service training to all personnel providing instruction or other services to LEP students in order to enhance staff appreciation for such students' native languages and cultures and staff ability to provide appropriate instructional and support services.
Section 36.12 Services To LEP Students With Disabilities
(A) If a student's score on an English language assessment instrument approved by the Commissioner is the result of a disability, the student:
(1) shall be provided special education programs and services in accordance with the individualized education program (IEP) developed for such student; and
(2) shall also be eligible for all services described above, if such services are recommended in his/her IEP.
(B) Appropriate District personnel shall meet at least twice a year with all parents of LEP students to discuss the students' needs and progress.