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Adoption Date: 9/1/2012
8000-8505 - 8000-8505


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.


District Responsibilities


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.


 ELLILEP Instruction


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.



Parental Notification


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.


Support Services


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.


Transitional Services


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.


In-Service Training


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.