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Forms and Waivers

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 Form

This 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, 2016.

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).

Bilingual Education Program Waiver

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

This 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.

School District Justification to Place a New Bilingual Education Program in a Focus School or Priority School for the 2016-2017 School Year

CR section 154-2.3(d)(3) mandates that districts shall not place any new Bilingual Education program required by CR section 154-2.3(d)(2) in a school that has been identified as a School Under Registration Review or as a Focus or Priority School. To place a new Bilingual Education program in a Focus or Priority School, the district must submit a justification in this form by October 30th, 2015 for the Commissioner’s approval, demonstrating that a school that has not been identified as a School Under Registration Review or as a Focus or Priority School 1) does not exist, or 2) does not have the physical space for a new Bilingual Education program.

In the case of New York City, in the event that a Priority School is the only option for placement of a new Bilingual Education program, the district must, in addition to the justification above, ensure that parents or persons in parental relation have the option to transfer their child to a Bilingual Education program in a school that has not been identified as a School Under Registration Review or as a Focus or Priority School in a neighboring community school district.

Field Advisory: Regulations Related to the Justification Requirements for Placing a New Bilingual Education Program in a Focus School or a Priority School