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8280R INSTRUCTIONS FOR ENGLISH LANGUAGE LEARNERS OR STUDENTS WITH LIMITED ENGLISH PROFICIENCY
A student who by reason of foreign birth or ancestry speaks a language other than English, and scores at or below the fortieth percentile on an English language instrument approved by the Commissioner, is to be classified as an English Language Learner/LimitedEnglish Proficient student ELL/LEP.
This District shall attempt to ensure that students who are ELL/LEP receive appropriate schooling in English and curriculum areas, the Marcus Whitman Central School District shall:
1) Ensure that ELL/LEP students suspected of having a disability are referred to the CSE and that a bilingual multidisciplinary assessment is conducted before the CSE identifies an ELL/LEP student as having a disability;
2) Ensure that students diagnostically determined to be ELL/LEP are annually evaluated.
Such evaluation will include evaluation of each student's performance in content areas to measure the student's progress;
3) Ensure that all ELL/LEP students have access to appropriate instructional and support services, including guidance programs;
4) Attempt to ensure that all ELL/LEP students have equal opportunities to participate in all school programs and extracurricular activities as non-ELL/LEP students;
5) Annually provide the Commissioner with the following documents,in the form and by the dates prescribed by the Commissioner:
a. Results of the annual evaluation of ELL/LEP students, including test data and any additional data required by the Commissioner;
b. An assurance:
(1) Of access to appropriate instructional and support services for ELL/LEP
students, including guidance programs;
(2) That each ELL/LEP student has equal opportunities to participate in all school programs and extracurricular activities as non-LEP students;
(3) That the minimum ESL and ELA requirements for the freestanding ESL
programsare adhered to;
(4) That the minimum English as a Second Language (ESL), English Language Arts (ELA) and Native Language Arts (NLA) requirements prescribed for bilingual education programs are adhered to;
(5) That teachers in the District's free-standing ESL and bilingual education programs are appropriately certified;
(6) The District will comply with the requirements of Commissioner's Regulations and the provisions of the Education Law governing programs for ELLILEP students;
(7) That programs for ELL/LEP students will be administered in accordance with applicable federal and state law and regulations and the District's comprehensive plan;
c. A report by building of the number of students identified as being limited English proficient in the preceding year,including their grade level,native language and instructional program;
d. A report by building of the number of ELLILEP students served in the preceding year, including their grade level native language and instructional program;
e. A report by building of the number and qualifications of teachers and support personnel providing services to ELLILEP students;
f. A fiscal report containing such data concerning the preceding school year as may be required by the Commissioner;and
g. Beginning in July 2008 and annually thereafter, a report on the expenditure of state, local and federal funds in the prior year on programs, activities and services for ELLILEP students.
Bilingual Education Program
Should twenty (20) or more ELLILEP students with the same native language at the same grade level be assigned to the same school building in the District, such students shall be provided with a bilingual program. Such program shall be composed of:
1) English as a second language (ESL) instruction which emphasizes understanding, 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.
Free-standingEnglish as a Second Language Instruction
Should fewer than twenty (20) ELLILEP 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 either with a freestanding English as a Second Language (ESL) program, or a bilingual education program. Such program shall be composed of:
1) Instruction which emphasizes understanding, listening, speaking, reading, writing, and communicating skills in English; and
2) Course content area instruction using ESL methods.
Such program need not provide a native language arts component designed to develop skills in the native language.
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.
The District will distribute to the parents or other persons in parental relation to ELLILEP students, school-related information in English and the language they understand. Such parental information will also be provided for those educational services and/or notices mandated by No Child Left Behind (NCLB).
1) For new school entrants designated as ELLILEP, the parent(s)/person(s) in parental relation shall be provided an orientation session on the state standards, assessments, school expectations and general program requirements for the bilingual education program and the free-standing English as a second language program. This orientation shall take place within the first semester of the child's enrollment in school and, when needed, shall be provided in the first language of the pupil's parent(s)/person(s) in parental relation.
2) Appropriate District personnel shall make an effort to meet at least twice a year with all
parent(s)/person(s) in parental relation ofELLILEP students to help them understand the goals of
the program and how they might help their children.
3) Notice to parents will be provided no later than thirty (30) days after the beginning of the school year, or within two (2) weeks after enrollment for students newly identified after the beginning of the school year. The notice will be in a language that the parent can understand as well as English, and will:
a. State the reasons for identifying the student as limited English proficient,
b. Describe the student's level of proficiency and how the District determined that level, c. Include information about the student's overall academic achievement,
d. Explain the instruction methods used in the student's ELLILEP program compared to methods used in other available programs and how these methods meet the student's educational strengths and needs,
e. Describe how the program will specifically help the student learn English and meet age
appropriate academic achievement standards for grade promotion and graduation,
f. Describe how students transition from the ELLILEP program into the regular classroom including specific exit requirements, transition rates, and secondary school graduation rates, g. In the case of a child with a disability, describe how the program meets the objectives of the child's IEP, and
h. Explain parental right to remove their child from the ELLILEP program, to choose an alternative program, and to get help in choosing a program. Parents have the option to withdraw their child/children only from a bilingual program provided that they meet with the school Principal along with the school or District supervisor of bilingual education to discuss and explain further the nature, purposes and educational values of the program and the skills required of personnel. At a minimum such student shall participate in a free standing English as a second language program. Parents do not have the option to withdraw their child/children from an English as a second language program.
If the school building the student attends is unable to offer a bilingual education program due to an insufficient number of ELL!LEP students attending that school, the parent has the option to transfer the student to a school within the District that offers a bilingual program. If the parent chooses not to exercise the transfer option they will be informed that the student will participate in a free-standing ESL program.
The District shall provide appropriate support services to students who are participating in either bilingual or freestanding ESL programs in order for such students to achieve and maintain a satisfactory level of academic performance. Such services may include, but need not be limited to, individual counseling, group counseling, home visits and parent/guardian counseling. Where appropriate,such services shall be provided in the first language of the student and the student's parent(s)/person(s) in parental relation.
The District shall ensure a transition for former ELL/LEP students who are transferring from a bilingual or freestanding 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.
The District shall provide in-service training to all personnel providing instruction or other services to ELLILEP students in order to enhance staff appreciation for such students' native languages and cultures and their ability to provide appropriate instructional and support services.
Services to ELLILEP Students With Disabilities
If a student's score on an English language assessment instrument approved by the Commissioner of Education is the result of a disability, the student shall be provided special education programs and services in accordance with the individualized education program (IEP) developed for such student(s). Such student shall also be eligible for all services described above, if such services are recommended in his/her IEP. These students will be counted as ELL/LEP students as well as students with a disability for purposes of calculating State aid.