Protect English Language Learners, Revise CR Part 154 in New York State

Commissioner's Regulations Part 154
In the landmark 1974 decision, Lau v. Nichols, the United States Supreme Court established the right of ELL students to have “a meaningful opportunity to participate in the educational program.” As such, 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. http://www.p12.nysed.gov/biling/bilinged/CRPart154.html

Under the revised CR Part 154 implemented this year, schools across NYS have had to scramble to try to meet the new requirements to serve the English Language Learners enrolled in their institutions. The intent of the law, to have "a meaningful opportunity to participate in the educational program" is being violated by the impact of the new CR Part 154 revisions to ESL/ENL services.

In the past, at the high school level, newcomers, the recent arrivals to the United States, received 540 minutes of language instruction. Language Instruction has been cut under these revisions. Under the new regulations, ELLs receive only one period of language instruction and the other minutes are being delivered through push in (“integrated” and “flexible”) instruction, in content area classes. This is double counting the minutes of ESL service and content instruction. A properly written, sequenced and developed ESL course cannot be delivered in such short amount of time. Students learning under these circumstances will receive less instruction than they received last year, but still subject to the same tests and graduation requirements.

• Whereas children are receiving less ESL service than children served in the past and


• Whereas a program to train all content area teachers in ESOL strategies would have had a better, more well received impact and


• Whereas the current CR Part 154 reduces the role of trained ESOL teachers who have backgrounds in language acquisition, to the role of assistant teachers, paraprofessionals and school aides, and


• Whereas having to co-teach with up to 5 different teachers, with no planning time, results in ineffective instruction and


• Whereas  students are being held back in their English acquisition and


• Whereas this is not providing meaningful access to the curriculum, which is the intent of the law,

Bronx Educators United for Justice suggest the following changes 

I. Revise the Current Part 154 (with timely, public and transparent input from Principals and Teachers, Parents and Students) so that it is not double counting content area co-teaching/push in classes as ESL services, and restores language instruction minutes. No more claiming that the minutes have not changed. ESOL teachers across the state know they would not be able to complete last years' curriculum map in the time alotted for ESOL instruction this year. To deny this fact is a form of gaslighting.

II. Revise NYSITELL and NYSESLAT and Home Language Testing for ELLs to 

1. reflect the growth of their English language acquisition, not content. 


2. Edit the length so they can be administered in a non disruptive manner,  not create disruption in their regular content courses and necessitate substitutes and coverages and per session budgeting.


3. Allow greater flexibility and on demand retesting at any time of year for students who have been misidentified, have special needs, a circular migration pattern or challenges in literacy skills to prove their English ability so they can be properly programmed at the beginning of the year and the schools can be in compliance. 

III. RESPECT ELL DEVELOPMENT: A. Awarding English credit to students for ESL classes should be restored.

1. Immigrant students didn’t “elect” to be at the level of English they are currently in.


2. English Language Development is on a spectrum and the reality of immigration and migration patterns, and the impact of poverty means that ELLs can be American born so English is not always a “new” language, this is why the rest of the United States used ELD as an acronym.


3. ELLs can come to school already multilingual, so “emergent bilingual” is not an appropriate label, it is confusing and has a connotation that can lead to problematic policies. 


4. Transcript evaluation and testing at enrollment should allow for credits/ and regents exam credit to be awarded to ELLs in HS before entry to their new school getting them one step closer to graduation.


5. Cultural and linguistic differences and knowledge of non-Spanish speaking countries should be respected, tests and materials must be developed, to judge their literacy level and address their needs.


6. Intermediate and Advanced students need specific instruction to address weaknesses and gaps in their abilities and should not be left to fend for themselves and not achieve their potential. 

III. RESPECT PARENTAL CHOICE: 

1. NYSITELL Assessment of ELL students upon enrollment at districts before matching with school.


2. Placement of students in programs of parent choice upon enrollment, so parents know ahead of time what programs exist in the schools they are offered and can fully exercise informed choice, not told to transfer to another school after their child is enrolled, if they want the program of choice.


3. Fully fund for ESL/ENL Coordinator positions so they can serve the socio-emotional needs of ELLs at their schools, and work with parent coordinators and social workers to do outreach to parents to curb absenteeism, and other crisis related needs that impact attendance and achievement in immigrant communities.

IV. INVEST IN CAPACITY OF CONTENT AREA TEACHERS: Training/certification extensions for content area teachers in ESOL methodology specifically for their curricular area and to help them obtain bilingual extensions. 5 courses are not enough to meet two sets of objectives.

V. INVEST IN CAPACITY OF ESOL TEACHERS: Fund training/certification extensions for ESOL teachers to improve instruction and alignment of curriculum to build capacity for independence in ELA mainstream courses, and obtain dual certifications in ELA and content area courses, or bilingual extensions.