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Bilingual Education & English as a New Language

Forms and Waivers

The temporary waiver from the NYSITELL that may be submitted to districts by parents whose children are receiving entirely remote instruction can be found at OBEWL’s Parent Notification Resources page.

ELL Identification Timeline Waiver

School District Waiver 2020-2021: ELL Identification Timeline Exemption Online Form

This online form is to be used by New York State school districts with 149 or fewer English Language Learners (ELLs) or districts where ELLs make up less than ten percent (10%) of the district’s total student population, that wish to seek an exemption from the 10 day ELL identification timeline for students who enrolled during COVID-19 school closures in 2019-20, as well as all students who enroll during summer of 2020 and during the first 20 school days of the 2020-21 school year. Districts that apply for and are granted this waiver will have 30 school days at the start of the 2020-21 school year to complete the ELL identification process. After this period all school districts, including those who receive the waiver, will be required to complete identification within 10 school days of new students’ enrollment as usual. This waiver does not exempt districts from administering the ELL identification process.

To be granted this waiver a district must: demonstrate efforts to administer the first steps of the ELL identification process for students affected by the waiver, including administering the Home Language Questionnaire (HLQ) and conducing the Individual Interview, whether remotely (via video or phone) or in person; ensure that the qualified personnel will be present to determine if a language other than English is spoken at home; and submit a plan explaining how the district will ensure that the ELL identification process for students who enrolled during 2019-20 COVID closures, summer 2020, and the first 20 days of the 2020-21 school year will be completed within 30 school days of the start of the 2020-21 school year.

To help you prepare for your online submission, please review the following PDF document titled ELL Identification Timeline Waiver. This will allow you to view all the questions and sections of the online form, prior to submitting your responses online.

School District Justification to Expand the Maximum Allowable Grade Span to Three Contiguous Grades in 1-12 English as a New Language (ENL) or Bilingual Education (BE) Classes

The presence and population of English Language Learners (ELLs) vary considerably among New York State schools. Some communities have no ELLs, while others have small numbers of ELLs of wide-ranging ages; for instance, a district might have many ELLs in grade 2 but none in grade 1. Others have enough ELLs in a given grade to create one self-contained ENL classroom per grade or across two grades, with higher proficiency ELLs distributed across the remaining classes. This demographic reality must, however, be balanced with what we know about best practices to use with this growing subset of our student body. The New York State Education Department (NYSED) understands that districts with small numbers of ELLs may face challenges for finding appropriate staffing for ENL or BE classes. However, it is critical to keep in mind possible unintended consequences that can arise from grouping too many grades together for instructional purposes. This document  was created in response to feedback that the NYSED Office of Bilingual Education and World Languages (OBEWL) has received from the field regarding Commissioner’s Regulations (CR) Part 154, to support all districts’ efforts in meeting the grade span requirement of Part 154-2.3(i) and to provide guidance to qualifying districts with less than 30 ELLs in applying for a one year waiver to expand the maximum allowable grade span from two to three grades.

Grade Span Waiver Guidance

Grade Span Waiver Online Form

Using this online form, districts with fewer than thirty (30) ELLs may apply for a one year waiver to expand the two contiguous grade span requirement for ENL or BE classes to three contiguous grades, renewable on an annual basis.

To help you prepare for your online submission, please review the following PDF document titled Grade Span Waiver. This will allow you to view all the questions and sections of the online form, prior to submitting your responses online.

CR Part 154 Professional Development Requirements Specific to English Language Learners: PD Waiver Form

Professional Development Requirements Chart

This table outlines the Professional Development Requirements under CR Part 154

Professional Development Waiver Online Form

This online form is to be used by New York State school districts that have fewer than thirty (30) ELLs enrolled or in which ELLs make up less than five percent (5%) of the district’s total student population as of October 1, 2020.

According to CR Section 154-2.3(k) such districts may “seek permission from the Commissioner on an annual basis for an exemption from the professional development requirements” and such request must include evidence that:

“All teachers, level III teaching assistants, and administrators receive training sufficient to meet the needs of the district’s or BOCES’ ELLs, in language acquisition, including a focus on best practices for co-teaching strategies and integrating language and content instruction for ELLs” and that

“All Bilingual and English to Speakers of Other Languages (ESOL) certified teachers receive training, sufficient to meet the needs of the district’s ELLs, in language acquisition in alignment with core content area instruction, including a focus on best practices for co-teaching strategies and integrating language and content instruction for ELLs.”

Note that this waiver does not exempt districts from providing professional development sufficient to meet the needs of its ELLs. It exempts districts from the minimum number of professional development hours required by CR Part 154 (15% of total required for classroom pedagogues and 50% of total required for those with a certificate in ESOL or who hold a bilingual extension).

To help you prepare for your online submission, please review the following PDF document titled Professional Development Waiver. This will allow you to view all the questions and sections of the online form, prior to submitting your responses online.

Bilingual Education Program Waiver

School District Waiver - One Year Exemption from Providing Bilingual Education Programs in Languages other than Spanish or Chinese Online Form

This online form is to be used by school districts that are seeking an exemption from providing Bilingual Education (BE) programs in languages spoken by less than 5% of the total statewide ELL population (any language other than Spanish or Chinese*). A district may apply for this exemption on an annual basis for no more than five consecutive years, if it does not have qualified staff to operate a BE program in a language other than Spanish or Chinese, for all eligible students at either the district level or at one or more schools that are required to offer a BE program.

In order to be granted this exemption, districts must: Demonstrate the efforts that are being made to recruit qualified bilingual teachers in the languages other than Spanish and Chinese that are needed to establish bilingual programs and the plans for ongoing and intensive efforts to recruit qualified BE teachers in that language; and a plan for how the district will provide alternate home language supports in the form of bilingual teacher assistants/aides and/or heritage language programs and make such home language supports available for all students who would otherwise be enrolled in a BE program.

To help you prepare for your online submission, please review the following PDF document titled Bilingual Education Program Waiver. This will allow you to view all the questions and sections of the online form, prior to submitting your responses online.

Page updated: 10/06/2020