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English Language Learners with an Individualized Education Program

In 2014, the Board of Regents adopted amendments to Part 154 of the Regulations of the Commissioner of Education (now CR Subparts 154-2 and 154-3).  CR Subparts 154-2 and 154-3 establish the legal requirements for the identification and education of English Language Learners (ELLs) in New York State (NYS).

NYSED has adopted regulations on behalf of ELLs with disabilities as part of the Department’s effort to improve instruction and programming and to ensure stronger outcomes for this student population. The new Subpart 154-3 establishes criteria for determining whether a student with a disability shall take the statewide English language proficiency identification assessment and establishes criteria for exiting students with disabilities from identification as an ELL. As we implement the first year of this mandate, we are collaborating with the Office of Special Education to create guidance and resources to the field.

Links to Resources (to be posted soon)

CR Part 154-3 Guidance Booklet including forms and Frequently Asked Questions

This document is designed to provide updates to the June 30, 2015 guidance regarding the screening, identification, review, placement, programs, and exit criteria for students who have been identified as having disabilities and those who have been identified as ELLs with disabilities. 

Flow Chart: Steps in the ELL Identification Process for New Entrants or Re-entering Students with IEPs

Summary of Responsibilities of LPTs pursuant to CR Subparts 154-2 and 154-3

Sample Language Proficiency Team (LPT) Parent/Guardian Questionnaire

Sample Form: Documentation of Language Proficiency Team's (LPT’s) Recommendation that a Student with a Disability Does or Does Not Appear to Have Second Language Needs

Sample Form: Documentation of Principal's Recommendation and Superintendent's  Final Determination Whether a Student with a Disability May or Does Not Have Second Language Needs