LIMITED ENGLISH PROFICIENCY INSTRUCTION REGULATION
In attempting to ensure that students who are limited English proficient (LEP) receive appropriate schooling in English and curriculum areas, the school district shall:
1. 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. Building Principals or their designees are charged with the responsibility of identifying LEP
students at the time of registration. Immediate notification must be sent to the Assistant Superintendent for
Instruction. A referral must be initiated with the building committee. The purpose is to determine whether the
student's lack of ability with the English language is severe to the extent that it prohibits the child from
functioning as an average student at a designated grade level. It will 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. Possible assessment instruments might also include:
a. reading basal placement test;
b. Woodcock Johnson reading and math subsets - administered orally; and
c. Keymath - administered orally.
Caution must be exercised not to use measures which would discriminate against the child's cultural and social background;
2. determine the type and level of service that is recommended. The building committee, under the direction of the
Building Principal, will coordinate all recommendations. The recommendations might include but not be limited
to the following:
a. recommendations to the classroom teacher of strategies to be employed within the regular
b. scheduled time with the reading and/or math specialists;
c. reallocation of building teacher aide or teacher assistant time;
d. scheduled time with the speech/language therapist (if available);
e. recommendations to parents for assistance from outside agencies such as the Migrant Tutorial
Program or church affiliated support groups;
f. informal time spent with a teacher of a foreign language;
g. regular appointments with a guidance counselor; and
h. teacher training through BOCES.
* 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 "LEP."
The student's progress will be monitored by the classroom teacher and/or guidance counselor. When a plan or a change in the plan has been developed by the building committee, a dated copy must be forwarded to the Assistant Superintendent for Instruction;
3. ensure that students diagnostically determined to be LEP are annually evaluated. Such evaluation will include
evaluation of each student's performance in content areas to measure the student's progress. It is the
responsibility of the Principal or his/her designee to ascertain on a regular basis if the student continues to
require instructional support and to sever such support when the need no longer exists;
4. ensure that all LEP students have access to appropriate instructional and support services, including guidance
5. ensure that all LEP students have equal opportunities to participate in all school programs and extracurricular
activities as non-LEP students;
6. annually provide the Commissioner with the following documents, in the form and by the dates prescribed by
a. a copy of the Board of Education's policy;
b. a report by building of students initially identified and annually evaluated as being LEP in the preceding
c. a report by building of the number of teachers and support personnel providing services to LEP
d. a description by building of the curricular and extracurricular services provided to LEP students; and
e. results of the annual evaluation of LEP students, including test data and any additional data required
by the Commissioner.
The district will also 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.
[In addition to the above requirements, districts which desire to receive state aid for the operation of programs for LEP students must comply with the following additional requirements:]
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.
Such 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.
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. Such 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.
English as a Second Language Instruction
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. Such program shall be composed of:
1. instruction which emphasizes 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 shall notify, in English or in the appropriate native language, the parent(s) or guardian(s) of a student designated as LEP of the student's placement in a transitional bilingual or ESL program. Such notification shall include program options, including the option of not having the student placed in a transitional bilingual program. Should a parent wish to withdraw his/her child from a transitional bilingual program, the parent/guardian shall meet with the Building Principal and Supervisor of Bilingual Education. Such meeting shall be for the purpose of informing the parent/guardian of the nature and value of the transitional bilingual program. Any child that withdraws from a transitional bilingual program must participate in a free-standing ESL program.
Parents shall be informed that they have the option of transferring their child to another school within the district, when the number of eligible students in the student's building does not require the offering of a transitional bilingual education program. If a parent/guardian chooses not to exercise this option, he/she shall be informed that the child will participate in a free-standing ESL program.
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. Such services may include, but shall not be limited to, individual counseling, group counseling, home visits, and parental counseling. If appropriate, such services shall be provided in the first language of the students and the student's parent(s)/ guardian(s).
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.
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.
Services to LEP Students with Disabilities
If a student's score on an English language assessment instrument approved by the Commissioner 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.
Appropriate district personnel shall meet at least twice a year with all parents of LEP students to discuss the students' needs and progress.
Adoption date: January 1, 1993