Policy and Reference Guide for
Multilingual Learners/English
Language Learners
2023-2024 School Year
Policy & Reference Guide August 2023 2
Limitations on the Use of this Guide
The Policy and Reference Guide for Multilingual Learners/English Language Learners report was
produced by the Division of Multilingual Learners (DML) of the New York City Department of Education
(NYC DOE). The purpose of this guide is to provide support and guidance to the administration and staff
of the NYC DOE. Nothing in this guide is intended to create, nor does it create any enforceable rights,
remedies, entitlements, or obligations. The NYC DOE reserves its right to change or suspend any or all
parts of this guide.
The New York City Department of Education
52 Chambers Street
New York City, NY 10007
Phone: (718) 935-2000
https://www.schools.nyc.gov
Updated August 2023
This guide is a compilation of current U.S. Federal, New York State, and New York City Multilingual
Learner/English Language Learner policy guidance for school year 2023-24.
The most recent version of this document is available on the Policy and Reference Guide InfoHub.
To view the complete Regulations of the New York State Commissioner of Education, including the Part
154 Regulations regarding services for Multilingual Learners/English Language Learners (MLs/ELLs), visit
the New York State Education Department website.
Content Contact: [email protected]
Policy & Reference Guide August 2023 3
Introduction
Dear Colleagues,
On behalf of the Division of Multilingual Learners (DML), I am pleased to present you with the August
2023 edition of the Policy and Reference Guide for Multilingual Learners/English Language Learners for
New York City Public Schools. This guide consolidates many of the critical federal, state, and city
regulations that govern the education of Multilingual Learners/English Language Learners (MLs/ELLs).
Our goal in publishing this guide is to provide you with clear interpretations of policy such as the New
York State Commissioner’s Regulations (CR) Part 154, which establishes the legal requirements for the
education of MLs/ELLs in New York State, and guidance about how to apply policies in different
scenarios.
We understand that regulations and NYC DOE structures may change over time, and we are always
working to refine our practices and guidance. Therefore, this guide is updated each year based on
changes to both policies and feedback from schools and staff serving MLs/ELLs in New York City. This
guide should be used as a resource and kept nearby for frequent referencing when planning high-quality
services and supports for your MLs/ELLs.
This guide is just one tool that you may use in providing MLs/ELLs with rigorous academic experiences
that consider their individual strengths and needs. As you implement these policies, we encourage you
to apply an equity lens, to ensure every student has meaningful access to rigorous instruction,
resources, and academic choices while maintaining their cultural and linguistic identity.
As you develop your plan for MLs/ELLs for the upcoming school year and beyond (via the Language
Allocation Policy), refer to this guide and share it with key members of your school community. The most
current version of this guide, as well as additional resources on policies pertaining to MLs/ELLs, can be
found on the Policy and Reference Guide InfoHub.
Please contact your ML/ELL Director and/or ML/ELL Compliance Performance Specialist for additional
guidance on any of the topics described in these resources and refer to Principals Digest for updates.
Sincerely,
Mirza Sánchez-Medina
Chief of Multilingual Learners
Division of Multilingual Learners
Policy & Reference Guide August 2023 4
Table of Contents
2023-2024 School Year ........................................................................................................................................................ 1
Limitations on the Use of this Guide .......................................................................................................................................... 2
Introduction ............................................................................................................................................................................... 3
Table of Figures ......................................................................................................................................................................... 8
August 2023 Edition Updates .................................................................................................................................................... 9
Policy Updates ....................................................................................................................................................................... 9
Identification Process ............................................................................................................................................................ 9
Teacher Certification ........................................................................................................................................................... 10
Bilingual Education Programs ............................................................................................................................................. 10
Comprehensive Education Plan: ELL Components .............................................................................................................. 10
Required ELL Data Recording and Reporting ...................................................................................................................... 10
Retention of Records .......................................................................................................................................................... 10
Exemptions from the NYS English Language Arts Exam: Grades 3 to 8 .............................................................................. 10
Tiered Supports and Interventions for ELLs ........................................................................................................................ 10
School Resource Updates .................................................................................................................................................... 11
School Form Updates .......................................................................................................................................................... 11
Terminology Updates .......................................................................................................................................................... 11
Policy Updates for SY 2023-24 ................................................................................................................................................. 13
Identification Process for English Language Learners ......................................................................................................... 13
Mandated Instruction ......................................................................................................................................................... 13
Services for Former English Language Learners .................................................................................................................. 14
Programming Considerations .............................................................................................................................................. 14
Units of Study ...................................................................................................................................................................... 14
General Information and Terms .............................................................................................................................................. 15
Aspira Consent Decree ........................................................................................................................................................ 15
Bilingual Education Program ............................................................................................................................................... 15
Commissioner’s Regulations (CR) Part 154 ......................................................................................................................... 15
Commissioner’s Regulation (CR) Part 200 ........................................................................................................................... 15
English as a New Language (ENL) ........................................................................................................................................ 15
English Language Learner (ELL) ........................................................................................................................................... 16
English Language Learner Subgroups .................................................................................................................................. 16
Home Language Arts (HLA) ................................................................................................................................................. 18
Policy & Reference Guide August 2023 5
Lau v. Nichols ...................................................................................................................................................................... 18
Licensed Pedagogue ............................................................................................................................................................ 18
Multilingual Learner/English Language Learner (ML/ELL) .................................................................................................. 18
New York State Identification Test for English Language Learners (NYSITELL) ................................................................... 18
New York State English as a Second Language Achievement Test (NYSESLAT) .................................................................. 19
Proficiency Levels ................................................................................................................................................................ 19
Qualified Interpreter/Translator ......................................................................................................................................... 20
Qualified Personnel ............................................................................................................................................................. 20
Reentry Identification ......................................................................................................................................................... 20
Re-Identification Process .................................................................................................................................................... 20
Unit of Study ....................................................................................................................................................................... 20
Identification Process ............................................................................................................................................................... 21
Overview ............................................................................................................................................................................. 21
Timeline ............................................................................................................................................................................... 22
Special Considerations ........................................................................................................................................................ 23
Step by Step ELL Identification Process (8 + 2 Steps) .......................................................................................................... 24
Summary of the ELL Identification Process ......................................................................................................................... 67
ELL Identification for Current Pre-K Students Progressing to Kindergarten ....................................................................... 70
Continuation of Services .......................................................................................................................................................... 74
Continued Entitlement ........................................................................................................................................................ 74
Annual Meeting with Parents .................................................................................................................................................. 74
Exiting ELL Status (“Testing Out”) ............................................................................................................................................ 75
Alternative Pathways to Support Former ELLs’ Language Development and Academic Progress ..................................... 76
ML/ELL Programs ..................................................................................................................................................................... 87
Overview ............................................................................................................................................................................. 87
Commonalities of ML/ELL Programs ................................................................................................................................... 87
Program Design Considerations .......................................................................................................................................... 88
Bilingual Education Programs .................................................................................................................................................. 89
Transitional Bilingual Education .......................................................................................................................................... 89
CR Part 154-2: TBE Units of Study and Staffing Requirements ........................................................................................... 90
Dual Language Bilingual Education ..................................................................................................................................... 94
Bilingual Education Programs: Opening and Adjustment Protocols ................................................................................... 95
English as a New Language ..................................................................................................................................................... 96
Policy & Reference Guide August 2023 6
Stand-alone ENL .................................................................................................................................................................. 96
Integrated ENL .................................................................................................................................................................... 96
Guidance for ENL Programming .......................................................................................................................................... 96
Guidance on Implementation of ENL Units of Study .......................................................................................................... 98
CR Part 154: ENL Units of Study and Staffing Requirements ............................................................................................ 104
Required ELL Data Recording and Reporting ......................................................................................................................... 108
ATS: ELL/LEP Flag Indicators .............................................................................................................................................. 108
ATS: ELL Parent Choice Update Screen (ELPC) .................................................................................................................. 110
ATS: BNDC for SIFE Determination and Paraprofessional Services ................................................................................... 112
ATS: ELL Bilingual Program Transfer Requests (ELTR) ....................................................................................................... 113
ATS: Home Language Code Crosswalk .............................................................................................................................. 114
STARS: ENL Programming ................................................................................................................................................. 124
STARS: Bilingual Programs Programming .......................................................................................................................... 124
Retention of Records .............................................................................................................................................................. 125
Student Cumulative Folder ............................................................................................................................................... 125
School-Level Critical ELL documents ................................................................................................................................. 126
Comprehensive Education Plan: ELL Components ................................................................................................................. 127
Language Allocation Policy (LAP) ...................................................................................................................................... 127
Title III Limited English Proficient (LEP) Plan ..................................................................................................................... 128
Title III Immigrant Plan ...................................................................................................................................................... 129
Frequently Asked Questions: Allowable Use of Title III LEP Funds ................................................................................... 130
Required ELL Assessments ..................................................................................................................................................... 143
NYSITELL ............................................................................................................................................................................ 143
Spanish LAB ....................................................................................................................................................................... 146
Chinese Reading Test ........................................................................................................................................................ 146
NYSESLAT .......................................................................................................................................................................... 146
Optional ELL Assessments ...................................................................................................................................................... 154
ELL Periodic Assessment ................................................................................................................................................... 154
Spanish Language Assessment NYC Performance Tasks (NYCPTs) ................................................................................... 154
Exemptions from the NYS English Language Arts Exam: Grades 3 to 8 ................................................................................. 156
ELL Testing Accommodations ................................................................................................................................................ 158
Tiered Supports and Interventions for ELLs (MTSS, RTI, and AIS) .......................................................................................... 160
Professional Development ..................................................................................................................................................... 161
Policy & Reference Guide August 2023 7
Promotion and Graduation Requirements ............................................................................................................................. 162
Grades K-8 ......................................................................................................................................................................... 162
High School Credit Accumulation and Graduation Requirements .................................................................................... 162
Grade and Cohort Placement for ELLs .............................................................................................................................. 162
New Arrival ELA Appeal ..................................................................................................................................................... 163
School Resources ................................................................................................................................................................... 164
10 ELL-Related Items for a Successful Start of the School Year ........................................................................................ 165
10 Steps for ELL Data Verification, Review, and Update ................................................................................................... 171
SY 2023-24 School ELL Calendar ....................................................................................................................................... 173
School Forms .......................................................................................................................................................................... 180
Comprehensive Education Plan: Language Allocation Policy (LAP), Title III Plans ............................................................ 180
ELL Identification Forms .................................................................................................................................................... 180
Bilingual Education Program Opening and Adjustment Protocols .................................................................................... 180
Parent Notification Letters ................................................................................................................................................ 181
Bilingual Program Transfer Forms ..................................................................................................................................... 181
HLIS Individual Interview Sample Questions ..................................................................................................................... 182
Superintendent Resources ..................................................................................................................................................... 186
NYSITELL Determination Template Letters ....................................................................................................................... 186
Policy & Reference Guide August 2023 8
Table of Figures
Figure 1: Transfer Student (TRAF) Screen in ATS ....................................................................................... 27
Figure 2: HLIS field on ATS BIOU screen .................................................................................................... 31
Figure 3: Update Student (BIOU) Screen in ATS ........................................................................................ 31
Figure 4: Display Student (BIOD) Screen in ATS ......................................................................................... 32
Figure 5: Update Student (BIOU) Screen in ATS ........................................................................................ 32
Figure 6: Display Student (BIOD) Screen in ATS ......................................................................................... 33
Figure 7: ELL Options (ELLO) Screen in ATS ............................................................................................... 40
Figure 8: BESIS functions screen................................................................................................................ 53
Figure 9: ELTR main screen ....................................................................................................................... 54
Figure 10: ELTR student detail screen ....................................................................................................... 55
Figure 11: ELTR submit screen .................................................................................................................. 56
Figure 12: TRAF Screen for student with an open ELL Bilingual Program Transfer request ....................... 60
Figure 13: School Action Request Screen in ATS ....................................................................................... 64
Figure 14: Request ELL Re-Identification (RQSA) screen in ATS ................................................................. 64
Figure 15: Action Requests Response (RQGA) Screen in ATS .................................................................... 65
Figure 16: ELL Re-Identification Screen in ATS .......................................................................................... 66
Figure 17: CR Part 154 TBE Unit of Study Requirements (Grades K to 8) .................................................. 90
Figure 18: CR Part 154 TBE Staffing Requirements (Grades K to 8) ........................................................... 91
Figure 19: CR Part 154 TBE Unit of Study Requirements (Grades 9 to 12) ................................................ 92
Figure 20: CR Part 154 TBE Staffing Requirements (Grades 9 to 12) ......................................................... 93
Figure 21: CR Part 154 ENL Unit of Study Requirements (Grades K to 8) ................................................ 104
Figure 22: CR Part 154 ENL Staffing Requirements (Grades K to 8) ......................................................... 105
Figure 23: CR Part 154 ENL Units of Study Requirements (Grades 9 to 12) ............................................. 106
Figure 24: CR Part 154 ENL Staffing Requirements (Grades 9 to 12) ....................................................... 107
Figure 25: ELPC Screen in ATS ................................................................................................................. 110
Figure 26: BNDC Screen in ATS ................................................................................................................ 112
Figure 27: NYSITELL Levels by Grade ....................................................................................................... 144
Policy & Reference Guide August 2023 9
August 2023 Edition Updates
Policy Updates
Policy changes for SY 2023-24 are highlighted in green call-out boxes throughout this guide. See
Policy Updates for SY 2023-24.
A previous note in the Home Language Code Inputting Errors and Changes section indicating that
Family Welcome Centers are required to enter home language when registering a student has
been removed. Users are no longer required to enter student’s home language on the QADM
screen in ATS. Only parent/guardian preferred language (written and spoken) are required to be
entered. As such, the home language code should only be entered in the QADM screen after the
administration of the Home Language Identification Survey (HLIS) has been completed by
qualified personnel (licensed and trained pedagogue).
Identification Process
The Identification Process section was updated to include ELL Identification For Current Pre-K
Students Progressing To Kindergarten (previously a stand-alone document).
Note added throughout the guide to clarify that while the results of the Multilingual Literacy SIFE
Screener (MLS) (administered to students in grades 3-9 during the SIFE identification process)
can indicate that a student is SIFE, the SIFE label can still be applied to students in grades 10-12 if
they were identified as SIFE and have not exited SIFE status.
Enrolling Students in NYS Public Schools within the Preceding Two Years was updated to indicate:
o the student data NYC public schools must request from previous NYS public school.
o schools must contact [email protected] for assistance in cases where they
cannot obtain assessment scores from the student’s previous NYS public school.
o Schools must update other relevant data points (home language, SIFE status, parent option)
in ATS once received from the previous school. If there are any issues, schools can contact
their ML/ELL Director & ML/ELL Compliance Performance Specialist for support.
SIFE resource links updated throughout the guide:
o NYSED SIFE Website
o NYSED SIFE Q&A
o NYSED SIFE Identification flowchart
o NYSED Oral Interview Questionnaire
o Multilingual Literacy SIFE Screener (MLS). Note: As of August 2023, the MLS is currently
available in these languages.
o Writing Screener
o SIFEshare
Special Considerations section added to include additional information regarding unaccompanied
minors.
Policy & Reference Guide August 2023 10
Teacher Certification
Teacher Certification Section updated to incorporate:
o NYSED guidance on incidental teaching.
o NYC DOE License Change Application to A Special Education/Students with Disabilities,
Bilingual or ESL NYC License.
Bilingual Education Programs
Bilingual Education Programs section updated.
Comprehensive Education Plan: ELL Components
Updated Frequently Asked Questions: Allowable Use of Title III LEP Funds to include new section
on documentation schools should maintain regarding their Title III plans (see question 32).
Required ELL Data Recording and Reporting
The ATS: Home Language Code Crosswalk was updated to include 21 new home languages and 7
updates to previous home languages.
Retention of Records
The retention of records section was updated to:
o clarify that schools must maintain a school-level ELL Folder of Critical Documents, in
addition to the documentation required to be maintained in each individual students
cumulative folder.
o include list of documents that must be kept for both the students cumulative folder and
the school’s ELL Folder of Critical Documents.
Exemptions from the NYS English Language Arts Exam: Grades 3 to 8
The Exemptions from the NYS English Language Arts Exam: Grades 3 to 8 was updated to include
information regarding the UYRE function in ATS.
Tiered Supports and Interventions for ELLs
The previous Support Services for ELLs (RTI and AIS) section was updated to Tiered Supports and
Interventions for ELLs (MTSS, RTI, and AIS).
Policy & Reference Guide August 2023 11
School Resource Updates
10 ELL-Related Items for a Successful Start of the School Year
10 Steps for ELL Data Verification, Review, and Update
SY 2023-24 School ELL Calendar
School Form Updates
The ELL Parent Survey and Program Agreement was updated. Changes include:
o Chart of available bilingual programs in district no longer includes grade. Schools should
enter school category instead (elementary school, middle school, high school).
o Checkbox to indicate if there are no bilingual programs that match the student’s home
language and school category in the district.
o Parent preference section added before parent agreement.
o School certification section updated to include checkboxes for each statement. School staff
should make sure to check each statement after it has been completed.
o Parent survey questions updated slightly to be more parent friendly.
The following forms were updated to be more parent friendly:
o ELL Family Request for Bilingual Program Transfer
o ELL Family Authorization Form for Bilingual Program Transfer
The NYS Transfer ELL Data Request Form was updated to clarify the data that should be
requested from the student’s previous NYS public school and which data should be updated by
schools in ATS.
The School Forms section no longer includes images of the forms. Please refer to the relevant
InfoHub pages linked in the School Forms section to access the relevant documents.
A Title III LEP Sample letter is now included as part of Title III templates.
The Bilingual Education Program Opening and Adjustment Protocols form was updated. Please
refer to the Policy & Reference Guide InfoHub for fillable versions of the forms.
Terminology Updates
The following updates were added to General Information and Terms:
o English Language Learners
o English Language Proficiency
o Ever ELLs
o Never ELLs
o NYSITELL
o NYSESLAT
Dual Language (DL) programs has been updated to Dual Language Bilingual Education (DLBE)
programs throughout the guide.
Policy & Reference Guide August 2023 12
ELL transfers has been updated to ELL bilingual program transfers throughout the guide to reflect
that these transfers are specific to a family’s request for a school with a bilingual program.
Language acquisition has been updated to language development, except in the instances of
state regulation.
ELL intake team has been updated to ELL identification team.
Policy & Reference Guide August 2023 13
Policy Updates for SY 2023-24
Identification Process for English Language Learners
As per NYSED guidance, schools must complete the ELL identification process for all newly enrolled and
reentry students as per the timelines listed below. Therefore, based on the 2023-24 School Year
Calendar:
Students who enroll during summer 2023 and the first day of school (September 7) must be
identified and placed into an ELL program by September 20, 2023. If an incoming student has an
Individualized Education Program (IEP), NYSITELL eligibility must be determined by a Language
Proficiency Team (LPT) and ELL identification/placement into a program must be completed by
October 5, 2023.
All students who enroll after the first day of school, must be identified and placed within the
standard 10 school days of enrollment (or 20 school days for incoming students with IEPs).
The ELL identification process includes:
In-person administration of the Home Language Identification Survey (HLIS) by qualified
personnel (licensed and trained pedagogue) which includes a mandated interview with the
student and parent to determine the student’s home language.
If a student has an IEP, the Language Proficiency Team (LPT) should determine NYSITELL
eligibility and complete the NYSITELL determination form.
Administration of the NYSITELL to eligible students.
Sending parents/guardians notifications of the NYSITELL results and entitlement/non-entitlement
of services in their preferred language.
Administration of the Spanish Language Assessment Battery (Spanish LAB) to newly identified
ELLs whose home language is Spanish.
Parent orientation and completion of the ELL Parent Survey and Program Agreement form.
Parent orientations may take place virtually.
Place the student into an ELL program based on NYSITELL results.
For additional information, please refer to the Step by Step ELL Identification Process (8+2 Steps).
Mandated Instruction
ELLs should be served based on their grade and proficiency level as per New York State Commissioner's
Regulation (CR) Part 154. School year 2023-24 ELL proficiency levels will be available in ATS Fair Student
Funding ELL Report (RFSF) report as they are received from NYSED and will automatically reflect the
policy above in reports. Additional instructional support above and beyond the units of study should be
considered to ensure each ELL’s individual needs are met.
Parent notification letters are available and translated into nine languages and posted on the InfoHub.
Policy & Reference Guide August 2023 14
Services for Former English Language Learners
Students who exited services based on their Spring 2023 NYSESLAT scores and those students who met
the exception of an Expanding level on the 2023 NYSESLAT and a level 3 or 4 on the grades 3-8 NYS ELA
exam or 65 or higher on the ELA Regents Exam will be considered former ELLs in SY 2023-24. Former
ELLs will continue to be entitled to ENL instruction as per CR Part 154.
Parent notification letters are available and translated into nine languages and posted on the InfoHub.
Programming Considerations
The following should be considered as you plan for ELL programming this upcoming school year:
Ensure there are opportunities for collaboration for teacher partnerships (for example, ENL co-
teachers and co-planning).
Consider the number of co-teaching partners and subject areas of ENL teachers providing
integrated ENL.
Proactively plan for the ELL identification process so that it does not interrupt the provision of
ENL services to current, former, and potential ELLs.
Plan for home language support for ELLs in various settings.
For information on programming MLs/ELLs, refer to the 2023-24 Programming Guide.
Units of Study
All ELLs must be provided the required instructional Units of Study in their English as a New
Language (ENL) or bilingual education program based on the information included above.
For additional information, refer to the CR Part 154 Units of Study Requirements.
Policy & Reference Guide August 2023 15
General Information and Terms
Aspira Consent Decree
Signed in 1974 between the New York City Board of Education and Aspira of New York, it established
bilingual instruction as a legal entitlement and further specifies mandates for bilingual education in NYC.
See the Aspira of New York v. New York Board of Education 1974 website.
Bilingual Education Program
A research-based program comprised of (1) home language arts and English language arts, (2) English as
a new language (ENL), (3) and a bilingual content area (for example, math, science, and social studies).
The number of content areas taught in the home language can vary depending on the model and level of
proficiency of the students. NYC public schools offers two types of bilingual education programs: Dual
Language Bilingual Education and Transitional Bilingual Education. See Bilingual Education Programs.
Commissioner’s Regulations (CR) Part 154
New York State law that governs services for ELLs. There are three sections of CR Part 154: CR Parts
154.1 and 154.2 describe previous and amended requirements that went into effect in the 2015-16
school year; CR Part 154.3 describes the requirements of services specific to ELLs with Individualized
Education Programs (IEPs). For more information, see the New York State Education Department
website.
Commissioner’s Regulation (CR) Part 200
New York State law governs education and services for students with disabilities. See the New York State
Education Department website for more information.
English as a New Language (ENL)
Formerly known as English as a Second Language (ESL); ENL is a research-based program comprised of
(1) content area instruction in English with home language supports and appropriate scaffolds, and (2)
English language development. This program typically serves ELLs from many different home/primary
language backgrounds whose only common language is English and therefore cannot participate in a
bilingual program. See English as a New Language Programs.
Stand-alone English as a New Language (Stand-alone ENL)
In a Stand-alone ENL class, students receive English language development instruction taught by a NYS-
certified teacher of English to Speakers of Other Languages (ESOL) to acquire the English language
needed for success in core content areas. A student cannot receive stand-alone English as a New
Language instead of core content area instruction.
Policy & Reference Guide August 2023 16
Integrated English as a New Language (Integrated ENL)
Some content area classes are Integrated ENL classes. Students receive core content area and English
language development instruction, including the use of the home language as support and appropriate
ELL instructional supports to enrich comprehension. Integrated ENL classes are taught by a teacher
dually certified in the content area and ENL or are co-taught by a certified content area teacher and a
certified ENL teacher.
English Language Learner (ELL)
An English language learner is a student whose primary home language is not English and scores
below commanding English language proficiency on the NYS Identification Test for English language
Learners (NYSITELL) or the LAB-R (before 2/2014).
English Language Learner Subgroups
MLs/ELLs are not a monolithic group, but rather have different linguistic and academic needs. Therefore,
categories such as newcomer, developing, long-term, ELLs with IEPs, students with
inconsistent/interrupted formal education (SIFE), and former ELL better describe students’ needs.
Newcomer ELLs
These are ELLs identified under CR Part 154 who have received English as a New Language instruction, as
a component of their bilingual education or English as a New language program, for a total of zero (0) to
three (3) enrolled school years in the NYC DOE. There is often a misconception that newcomer ELLs are
only those who arrived very recently and exhibit little or no knowledge of English. While newly arrived
ELLs are represented among the group of newcomer ELLs, many others are US-born and are at the
emerging, transitioning, or higher levels.
Developing ELLs
These are ELLs identified under CR Part 154 who have received English as a New Language instruction, as
a component of their bilingual education or English as a New Language program, for a total of four (4) to
six (6) enrolled school years in the NYC DOE.
Long-term ELLs
These are ELLs identified under CR Part 154 who have received English as a New Language instruction, as
a component of their bilingual education or English as a New Language program, for seven (7) or more
enrolled school years in the NYC DOE.
Students with Inconsistent/Interrupted Formal Education (SIFE)
These are ELLs who have attended schools in the United States (50 states and the District of Columbia)
for less than twelve months and who, upon initial enrollment in such schools are two or more years
below grade level in literacy in their home language and/or two or more years below grade level in
mathematics due to inconsistent or interrupted schooling before they arrived in the United States. Once
Policy & Reference Guide August 2023 17
a SIFE is performing at or above the transitioning/intermediate level on the annual English language
proficiency assessment, the student’s status as a Student with Inconsistent/Interrupted Formal
Education is removed, even though the student may continue to be identified as an English Language
Learner. See Step 6: Identification of Students with Interrupted/Inconsistent Formal Education for
identifying SIFE. See ATS: BNDC for SIFE Determination and Paraprofessional Services for entering data
into the BNDC screen. In ATS, Y=SIFE, N=not SIFE, Z=former SIFE.
ELLs with Individualized Education Programs (IEPs)
English Language Learners who have Individualized Education Programs (IEPs) are referred to as ELLs
with IEPs throughout this guide. An IEP team determines a student’s eligibility for special education
services and the language in which special education programs and services are delivered. ELLs with IEPs
receive accommodations that apply both to ELLs and students with IEPs, as appropriate. ELLs with IEPs
are not exempted from the NYSESLAT and may use the test accommodations as listed on their IEP when
taking the NYSESLAT (and as permitted in the School Administrator’s Manual for the test). ELL status
cannot be a factor for special education eligibility. Tiered supports and interventions should be applied
to ELLs who enter with lower levels of proficiency in the home language, or if anticipated progress is not
seen after a reasonable time.
The procedures for conducting bilingual assessments of ELLs who currently have IEPs or may have IEPs
developed as a result of an initial evaluation are described in the NYC DOE’s Standard Operating
Procedures Manual. ELLs with IEPs must receive the required level of ELL services, although program
placement and parental option procedures may be different for special education programs and services
and are facilitated by the IEP team during IEP meetings. IEP teams may not exempt ELLs with disabilities
from ENL. All ELLs, including those with IEPs, must be programmed for ENL (at a minimum) for the
mandated number of units of ENL as per CR Part 154.
Former ELLs
These are students who had been identified as English Language Learners and subsequently exited from
ELL status within the last two years. For at least two years following the school year in which a student
exited from ELL status, former ELLs receive at least one half of one unit of study of integrated English as
a New Language (90 minutes per week) and are eligible for certain specified testing accommodations
(see ELL Testing Accommodations. For ELL exit criteria, see Exiting ELL Status (Testing Out).
Ever ELLs
Students who have either tested proficient in English on the NYSESLAT or have met the exit criteria as
per CR Part 154 over two years ago.
Never ELLs
Students who have never been identified as ELLs (e.g., scored commanding on NYSITELL, Home
Language is English).
Policy & Reference Guide August 2023 18
Home Language Arts (HLA)
Formerly known as Native Language Arts (NLA). HLA is a unit of study in language arts in the student’s
home or primary language.
Lau v. Nichols
In a 1974 landmark decision, Lau v. Nichols, the United States Supreme Court established the right of
English Language Learners to have “a meaningful opportunity to participate in the educational
program.” As such, ELLs must be provided with equal access to all school programs and services offered
to non-ELLs, including access to programs required for graduation.
See the NYSED Commissioner's
Regulations Part 154 (CR Part 154) website for more information.
Licensed Pedagogue
An individual who holds a valid New York State teaching license. As per CR Part 154, teachers who hold
professional licenses are required to receive 100 hours of professional training every 5 years, 50% of
which must be ELL-focused for bilingual and ENL teachers, and 15% must be for non-bilingual or non-ENL
teachers.
Multilingual Learner/English Language Learner (ML/ELL)
NYSED and NYC DOE refer to English Language Learners (ELLs) as Multilingual Learners/English Language
Learners (MLs/ELLs) except in instances referring to state and federal policy.
Per NYSED, Multilingual learners are:
Current ELLs
Students who were once ELLs but have exited out of ELL status
Students who were never ELLs but are heritage speakers of a language other than English
World Language Students
New York State Identification Test for English Language Learners (NYSITELL)
The NYSITELL serves as New York State’s formal English language proficiency assessment in the process
for initially identifying English Language Learners. All public and charter schools must follow the steps
outlined in the initial and reentry processes prescribed by Commissioner’s Regulations (CR) Part 154-2.3
(d), which includes administering the Home Language Identification Survey (HLIS) and conducting an
individual interview with students who have indicated on the HLIS that a language other than English is
spoken at home. Information gathered from the HLIS and the individual interview should be assessed
carefully to determine if the student is required to take the NYSITELL.
Policy & Reference Guide August 2023 19
New York State English as a Second Language Achievement Test (NYSESLAT)
The NYSESLAT is designed to annually assess the English language proficiency of all English Language
Learners (ELLs) enrolled in Grades K12 in New York State schools. The test provides the State and
schools with important information about the English language development of ELLs and is part of the
State’s compliance with federal laws that mandate the annual assessment and monitoring of the English
language proficiency of all ELLs. The results of the NYSESLAT will determine the levels of service ELLs will
receive in Bilingual Education and English as a New Language programs for the school year as prescribed
in Commissioner’s Regulations Part 154-2 and 154-3.
Proficiency Levels
In the 2015-16 school year, prior proficiency levels on the NYSITELL, NYSESLAT, or LAB-R (before
February 2014) were as follows:
Entering (Beginning)
A student at the entering level has a great dependence on supports and structures to advance academic
language skills and has not yet met the linguistic demands necessary to demonstrate English language
proficiency in a variety of academic contexts (settings). This student is a current ELL.
Emerging (Low Intermediate)
A student at the emerging level has some dependence on supports and structures to advance academic
language skills and has not yet met the linguistic demands necessary to demonstrate English language
proficiency in a variety of academic contexts (settings). This student is a current ELL.
Transitioning (Intermediate)
A student at the transitioning level shows some independence in advancing academic language skills but
has yet to meet the linguistic demands necessary to demonstrate English language proficiency in a
variety of academic contexts (settings). This student is a current ELL.
Expanding (Advanced)
A student at the expanding level shows great independence in advancing academic language skills and is
approaching the linguistic demands necessary to demonstrate English language proficiency in a variety
of academic contexts (settings). This student is a current ELL.
Commanding
As measured by the NYSITELL, a student at the commanding level has met the linguistic demands
necessary to demonstrate English language proficiency in a variety of academic contexts within their
grade level. If a student attains Commanding level on the NYSITELL, the student is not an ELL and is not
considered a former ELL; this student is not entitled to former ELL testing accommodations or services.
This student is not an ELL.
Policy & Reference Guide August 2023 20
If a student scores commanding on the NYSESLAT, the student has exited ELL status, and they are
mandated for two years of former ELL testing accommodations and services. See Alternative Pathways
to Support Former ELLs Language Development and Academic Progress. This student is a former ELL.
Qualified Interpreter/Translator
A person who is fluent in the language in which they are communicating and in English, has a
demonstrated ability to employ the mode of interpretation appropriate to the given situation (for
example, simultaneous interpretation for hearings or large-group parent meetings), and has received
training in specialized issues, such as confidentiality and any applicable technical vocabulary. School staff
members who meet this criterion, such as a bilingual teacher, certified pursuant to State regulations,
may be qualified to serve as an interpreter/translator.
Qualified Personnel
As defined in section 154-2.2(u) of CR Part 154, qualified personnel shall mean: (1) a bilingual or English
to Speakers of Other Languages teacher, certified pursuant to Part 80 of this Title, who is fluent in the
home language of the student and parent or person in parental relation, or uses a qualified
interpreter/translator of the language or mode of communication the student or parent or person in
parental relation best understands, or (2) a teacher who is certified pursuant to Part 80 of this Title, and
has been trained in cultural competency, language development and the needs of English Language
Learners, and who is proficient in the home language of the student or parent or person in parental
relation or uses a qualified interpreter/translator of the language or mode of communication the
student or parent or person in parental relation best understands.
Reentry Identification
The process to determine if a student is an ELL who is reenrolling in a New York State public school after
not having been enrolled in a New York State public school at any time during the preceding immediate
two years (less than 24 months). See Step 1: Determine If Enrolling Student was in an NYS Public School
within the Past Two Years.
Re-Identification Process
The process to allow schools, parents, and students who believe that a student may have been
misidentified as an ELL or non-ELL to request (within 45 school days of initial or reentry determination)
that the ELL Identification Process be administered a second time. See Step 10: Review of Re-
Identification of ELL Status Reversal (only used as necessary).
Unit of Study
180 minutes of instruction per week. See ML/ELL Programs.
Policy & Reference Guide August 2023 21
Identification Process
All students must go through an identification process to determine if they can be formally classified as
an English Language Learner (ELL) and therefore, are entitled to receive ELL supports and services.
Overview
The ELL Identification Process includes eight mandated steps for all students enrolling in grades
kindergarten to 12 including:
the administration of the Home Language Identification Survey (HLIS) by qualified personnel0F
1
(licensed and trained pedagogue)
a mandated documented individual interview with the student and parent to determine the
student’s home language, including a review of the student’s abilities and/or work samples
determination of eligibility to take the New York State Identification Test for English Language
Learners (NYSITELL)
For incoming students with an IEP, this includes convening respective Language Proficiency
Teams (LPTs) and completion of the NYSITELL determination form
the administration of the NYSITELL1F
2
to eligible students, and
the administration of the Spanish Language Assessment Battery (Spanish LAB) to newly identified
ELLs whose home language is Spanish
Parent notification and parent orientation in their preferred language
Placement into an ELL program
Helpful Hint: Establish ELL Identification Team
All NYC public schools should have a designated ELL identification team and planned
schedule of team members’ availability. This team should include staff besides a
school’s ENL teacher(s) to allow for the provision of mandated ELL services.
1
As defined in section 154-2.2(u) of CR Part 154, qualified personnel shall mean: (1) a bilingual or English to Speakers of Other
Languages teacher, certified pursuant to Part 80 of this Title, who is fluent in the home language of the student and parent or
person in parental relation, or uses a qualified interpreter/translator of the language or mode of communication the student
or parent or person in parental relation best understands, or (2) a teacher who is certified pursuant to Part 80 of this Title, and
has been trained in cultural competency, language development and the needs of English Language Learners, and who is
proficient in the home language of the student or parent or person in parental relation or uses a qualified interpreter/translator
of the language or mode of communication the student or parent or person in parental relation best understands.
2
Prior to February 1, 2014, ELLs were identified through the Language Assessment BatteryRevised (LAB-R).
Policy & Reference Guide August 2023 22
Timeline
Schools are required to complete the entire ELL Identification Process for all eligible students within 10
school days of enrollment (20 school days for students entering with IEPs).
SY 2023-24 Policy Update: Schools must complete the ELL identification process for all
newly enrolled and reentry students as per the timelines listed below:
Students who enroll during Summer 2023 and the first day of school
(September 7) must be identified and placed into an ELL program
by September 20, 2023. If an incoming student has an Individualized
Education Program (IEP), NYSITELL eligibility must be determined by a
Language Proficiency Team (LPT) and ELL identification/placement into a
program must be completed by October 5, 2023.
All students who enroll after the first day of school, must be identified and
placed within the standard 10 school days of enrollment (or 20 school days for
incoming students with IEPs).
Helpful Hint:
For a summary of the ELL identification process, see Summary of the ELL
Identification Process.
For step-by-step information on the ELL Identification process, see Step by Step
ELL Identification Process (8 + 2 Steps).
Policy & Reference Guide August 2023 23
Special Considerations
Unaccompanied Youth
Unaccompanied youth are defined as youth who are not in the physical custody of their parents or legal
guardian and are living in a temporary housing arrangement. This definition refers to all unaccompanied
children and youth in temporary housing between the ages of 5 and 21, regardless of citizenship or
immigration status, who are residing in New York State.”
3
Helpful Hint: Schools can refer to the RADR report to identify unaccompanied youth.
Unaccompanied youth have special protective status under the federal McKinney-Vento Homeless
Assistance Act. As such, their enrollment and placement should not be delayed for any reason, including
incomplete enrollment paperwork. Please note the following considerations when completing the ELL
identification process for unaccompanied youth:
All steps of the ELL identification process must be completed. Translation and interpretation
should be provided throughout the ELL identification process so that both the student and their
sponsor understand relevant processes and documentation.
The individual interview can be conducted with the student based on recent living situations (i.e.,
although they may currently live with an English-only speaking family, the interview should
consider if they have recently lived in other households where a language other than English is
spoken).
Documentation can be signed by unaccompanied youth (if they are over 18 years of age) or by
the student's court appointed sponsor if the student is under 18-years old.
4
For additional information, please refer to NYSED’s Memo on Provision of Educational Services for
Recently Arrived Unaccompanied Children and Youth.
3
See NYSED’s Memo on Provision of Educational Services for Recently Arrived Unaccompanied Children and Youth.
4
See NYSED Section 3212, Title IV, Article 65, Part I: Definitions of persons in parental relation.
Policy & Reference Guide August 2023 24
Step by Step ELL Identification Process (8 + 2 Steps)
Steps 1 to 8 must be completed within 10 school days (20 school days for students entering with IEPs).
Steps 9 and 10 are used on an “as necessary” basis.
Step 1: Determine Student’s Enrollment Status
Newly enrolled students must be administered the entire ELL identification process (see Category 1).
If a student is re-entering a NYC public school, determine whether the student has been outside of the
New York State (NYS) public school system for more than two years.
Students who have been outside of the NYS public school system for more than two years must
be re-administered the entire ELL Identification Process (see category 2).
Students who have been outside of the NYS public school system within two years are not
eligible to complete the ELL identification process. Instead, schools are required to obtain
NYSITELL/NYSESLAT scores directly from the sending NYS public school to allow the student to
continue in the ELL status (and proficiency level if applicable) in effect at the time of discharge
from the NYS public school (see category 3).
For more information, see the sections below. Once you have determined the student’s
enrollment category and taken the appropriate next steps, proceed to step 2.
Determining Prior Enrollment and Scenarios
A student’s prior enrollment determines their eligibility for the ELL Identification Process. When
parents/guardians enroll their child in a school, the school must determine the enrollment status
category to which the student belongs based on prior enrollment at a NYC public school or New York
State (NYS) public school (including NYS charter schools).
Determine the student’s prior enrollment category, take appropriate steps, and proceed to step 2.
Category 1: A new student never enrolled in a NYC public school or NYS public school.
Students never previously enrolled in any NYC public school or other NYS public school must complete
the entire ELL Identification process outlined in this document beginning with the determination of the
home language (see step 2).
Examples:
Maria is a student entering kindergarten and has never been to any public school before. As a
first-time admit to NYC public schools, Maria is admitted to PS 567. The school determines that
the student’s home language is Spanish. The school gives the student an individual interview and
determines that Maria should take the NYSITELL to determine ELL status.
Ming is a student entering kindergarten. As a preschool student with a disability, Ming was also
evaluated for school-age special education services through the “Turning 5” process and is
entering kindergarten with an IEP. Ming’s home language is Chinese. Because Ming is entering
kindergarten with an IEP and Ming’s home language is Chinese, the principal has the Language
Policy & Reference Guide August 2023 25
Proficiency Team (LPT) determine the child’s eligibility for the NYSITELL. If the LPT determines the
NYSITELL should be administered, the administration will proceed. If the LPT determines that the
NYSITELL should not be administered, the determination must be reviewed by the principal. If
the principal agrees with the LPT (to not administer the NYSITELL), a final decision is made by the
superintendent (or designee). If it is ultimately determined that Ming is not eligible to take the
NYSITELL, the decision should be updated on the ELLO screen.
Category 2: A student enrolling in NYC public school that was previously enrolled at a NYC public
school or NYS public school within the preceding two years.
Students who reenter NYC public schools after being enrolled in a school outside of NYC and/or NYS for
less than two years are not eligible to go through the ELL Identification Process. Instead, schools obtain
NYSITELL/NYSESLAT scores directly from the sending NYS public school (see Enrolling Student in NYS
Public Schools within the Preceding Two Years). These students should continue in the ELL status (and
proficiency level) at the time of discharge from the previous NYC public school and/or NYS public
schools.
Examples:
Christopher is entering grade 4 to NYC PS 456 from the William Floyd Public School District in
Suffolk County on Long Island. Because Christopher is coming directly from another NYS public
school district, PS 456 reaches out to Christopher’s prior school in Suffolk County. They obtain
the student’s home language designation and copy of HLIS, ELL status, SIFE status, ELL program
served in, parent option and NYSITELL/NYSESLAT/ Grade 3-8 ELA exam or ELA Regents exam
scores. If, however, the William Floyd School District does not respond within 5 days, PS 456
must contact [email protected] for assistance in obtaining the prior assessment
scores. The most recent score determines the student’s proficiency level.
Jose enrolled at PS 222 as a kindergarten student in September 2014. Jose was discharged to a
California district in January 2015 and remained in that school. Jose returned to NYC public
schools in September 2015. The NYC public school retains Jose’s previous ELL status because he
was out of NYS for less than 2 years.
Yun-ying was enrolled at HS 999 as a first-time admit to NYC public schools from Taiwan in
September 2013. Yun-ying remained at HS 999 until March 2014 and was discharged to Yonkers
HS. Yonkers HS gave Yun-ying the NYSESLAT in April 2014. In January 2015, Yun-ying returns to
HS 999. Because Yun-ying was never out of NYS public schools, HS 999 reaches out to Yonkers HS
to get Yun-ying’s NYSESLAT results (and other ELL related information) and HS 999 serves Yun-
ying as an ELL based on those results. If the NYSESLAT results indicate that Yun-ying tested at the
commanding level, Yun-ying is considered a former ELL and served as such.
Ali entered Rochester School System in September 2013 and was identified as an ELL. Ali was
later discharged from Rochester School System to Georgia in February 2014. Ali was discharged
from Georgia in June 2014 and then entered MS 444 in Brooklyn in September 2014. Though Ali
was a first-time admit to NYC public schools, Ali was in NYS public schools less than 2 years ago.
Therefore, MS 444 reaches out to the Rochester School System. They obtain the student’s ELL
NYSITELL/LABR/NYSESLAT scores and other ELL related information. As per the NYSED memo, if
Policy & Reference Guide August 2023 26
the Rochester School System does not respond within 5 days, MS 444 should contact
[email protected] for assistance in obtaining the prior assessment scores.
Category 3: Students previously enrolled in NYC public schools or NYS public schools over two years
ago
Students who reenter a NYC public school after having been enrolled outside of NYS public schools for 2
or more years must complete the entire ELL Identification Process outlined in this guide beginning with
the determination of the student’s home language (see step 2).
Examples:
Chloe enrolled in grade 2 at PS 777 for the first time in NYC public schools in September 2015.
Chloe was administered the NYSITELL and was identified as an ELL. Chloe left NYC public schools
for Florida in September 2016 and returned to a NYC public school in grade 6 in September 2019.
Because Chloe was out of NYC public schools and NYS public schools for more than 2 years, Chloe
goes through the entire ELL identification process again, including determination of home
language code, determination of NYSITELL eligibility, and SIFE status.
Boris entered Albany School System in September 2011 and was identified as an ELL. Boris was
later discharged from Albany School System to Idaho in February 2012. Boris was discharged
from Idaho in June 2015 and then entered MS 555 in Queens in September 2015. Boris left the
NYS public schools as an ELL. Because Boris was out of the NYS public schools for more than 2
years, Boris goes through the entire ELL identification process again, including determination of
his home language code, determination of NYSITELL eligibility, and SIFE status.
Non-Public Schools
Some non-public schools (NPS), including private and parochial schools, administer the NYSITELL. NYC
public schools may contact a student’s prior NPS to obtain the following assessment scores if the
student attended the NPS within NYS within the two years:
NYSITELL
NYSESLAT
Grade 3-8 ELA exam
ELA Regents exam
However, such outreach is optional. Additionally, once the receiving school administers the NYSITELL,
subsequent receipt of assessment scores from an NPS will not be accepted.
Charter Schools
Charter schools are New York State public schools; therefore, applicable procedures should be followed
by NYC public schools in accordance with policies outlined in this document for students entering NYC
public schools from charter schools.
Policy & Reference Guide August 2023 27
Note: If a student attended a NYS public or charter school within the previous two
years, you or your designee must contact the student’s previous NYS public or charter
school to obtain their home language designation as well as their NYSITELL (or LAB-R)
and NYSESLAT results within five business days to allow the student to continue in the
ELL status (and proficiency level if applicable) in effect at the time of discharge from
the NYS public school.
Readmitting Students who Previously Attended a NYC Public School or Charter School
Schools readmitting students who previously attended a NYC public school or charter school/program
will be asked if the student was enrolled in a NYS public or charter school within the last two years on
the ATS Transfer Student Records (TRAF) function. The question, “Enrolled in NYS school w/in last two
years:” contains two values, N (for no) and Y (for yes).
Figure 1: Transfer Student (TRAF) Screen in ATS
Enter N (for no) if the student has not been enrolled in a NYS public or charter school within the last
two years.
This response will reset the student's previous ATS ELL/LEP flag so that your school is responsible for and
can proceed with administering the entire ELL Identification Process. As the ELL Identification process is
completed, and the Home Language Identification Survey (HLIS) is administered by qualified personnel
(licensed and trained pedagogue):
Policy & Reference Guide August 2023 28
If the student's home language is other than English, the student’s ELL status will become E
which means they are eligible to be administered the NYSITELL based on the information entered
in ATS. Please note the mandated individual interview with the student and parent/guardian
must be administered as part of the process to determine NYSITELL eligibility. If a student has an
IEP, a Language Proficiency team (LPT) must also convene to determine NYSITELL eligibility. See
Step by Step ELL Identification Process (8 + 2 Steps).
If a student's previous home language was English (ATS code: "NO"), you or a designee can
modify the home language using the ATS Student Biographical Update (BIOU) function or by
submitting the most current HLIS to your ML/ELL Director and/or ML/ELL Compliance
Performance Specialist and requesting a home language change.
All students with an ‘E’ LEP flag will appear on the ATS Print NYSITELL Answer Documents (RLBA)
function, where the school can generate the student’s NYSITELL answer document for test
administration.
Enter Y (for yes) if the student attended a NYS public or charter school within the previous two years.
This will retain the student's previous ATS ELL/LEP flag.
You or your designee must contact the student’s previous NYS public or charter school to obtain
their home language designation as well as their NYSITELL (or LAB-R) and NYSESLAT results within
five business days to allow the student to continue in the ELL status (and proficiency level if
applicable) in effect at the time of discharge from the NYS public school.
If the assessment data is not received within five school days of enrollment, contact
[email protected] for assistance.
These related documents must be saved in the student’s cumulative folder after the data is
updated on the respective ATS screens.
Helpful Hint: NYSITELL Eligibility
Contact your ML/ELL Director and/or ML/ELL Compliance Performance Specialist in the
event of a clerical error for any data entry.
Policy & Reference Guide August 2023 29
Enrolling Students in NYS Public Schools within the Preceding Two Years
Students who reenter NYC public schools after having been enrolled in a school outside of NYC and/or
NYS public school for less than two years are not eligible to go through the ELL Identification Process.
These students should continue in the ELL status (and proficiency level if applicable) in effect at the time
of discharge from the NYC and/or NYS public schools.
For students entering a NYC public school (grades K to 12) who were previously enrolled in an NYS public
school (outside of the NYC public school) within the previous two years, the NYC public school must
contact the sending NYS public school to request the following student data:
Home language designation and copy of the Home Language Identification Survey (HLIS) used
ELL status
SIFE status
Prior service at last NYS Public school (ENL, TBE, DLBE)
Parent option at last NYS Public school
NYSITELL score (or LAB-R score) and proficiency level
Most recent NYSESLAT score and proficiency level
Grade 3-8 ELA exam or ELA Regents exam scores, if applicable
The data sent from the NYS public school must be on school letterhead and signed by the school
principal. This data and related documents must be placed in the student’s cumulative folder and
entered into designated ATS screens. See below for more information.
ELL related data
Once the NYC public school receives the requested ELL related data from the previous school
(home language, SIFE status, parent option), the school should update the relevant data in ATS.
If schools encounter any issues entering the data in ATS, please contact your ML/ELL Director
and/or ML/ELL Compliance Performance Specialist.
Prior assessment data
If the requested assessment data is not received within five school days, schools must contact
[email protected] for assistance.
To request that the assessment information be entered into ATS, complete the NYS Transfer ELL
Data Request Form and email it to [email protected].
Note: Only students whose home language is not English can have LAB-R, NYSITELL,
and/or NYSESLAT scores.
If the home language code differs from the current NYC public school’s home language
code, the current principal should submit a request to change the home language code
to their ML/ELL Director and/or ML/ELL Compliance Performance Specialist. For
Policy & Reference Guide August 2023 30
information on requesting a home language code change in ATS, see Home Language
Code Inputting Errors and Changes.
If the student is an ELL and has a home language of Spanish, skip to Step 5: Administering the Spanish
LAB. If the NYS public school indicates the student is an ELL, the school must provide the parent
orientation meeting (see Step 7: Parent Agreement and Program Placement).
Step 2: Qualified Personnel Administers the Home Language Identification Survey (HLIS)
Qualified personnel (licensed and trained pedagogue) must administer the Home Language
Identification Survey (HLIS) as part of general ELL identification procedures for all newly enrolled
students. The student’s home language is determined based on the results of the HLIS, which includes a
mandated individual interview with both the parent and student in English and their home language. A
student is considered to have a home language other than English as determined by the licensed and
trained pedagogue administering the HLIS.
Qualified personnel (licensed and trained pedagogue) must complete the HLIS with the parent and
ensure timely entry of this information into the designated ATS screens (for example, QADM, BIOU).
Determination of Home Language for K-12 Students
The student’s home language is determined based on a combination of the mandated individual
interview with the parent and student, and responses to the questions on the HLIS. The home language
determination is not based solely on the responses to the HLIS questions (regardless of the number of
responses of one language or another).
To ensure that parents/guardians can receive language assistance and have their questions answered in
their preferred languages, over-the-phone interpretation services are available through the NYC DOE’s
language access supports.
The completed HLIS forms must be placed in the student’s cumulative folder and remain a part of the
student’s permanent record. If the student’s home language is English, the ELL Identification Process
ends at this step. If the student’s home language is not English, the ELL Identification Process continues
to Step 3.
Helpful Hint: After qualified personnel (licensed and trained pedagogue) completes
the HLIS in person, make sure to:
Save the completed, signed and dated HLIS in the students’ cumulative
folder.
Update the student’s home language code in ATS.
Update the HLIS field to “Y” on the ATS BIOU screen.
Policy & Reference Guide August 2023 31
Confirm HLIS Administration on ATS BIOU Screen
As of June 2020, the HLIS field on the ATS BIOU screen will be used to identify whether a school has
administered the HLIS. After qualified personnel (licensed and trained pedagogue) administers the
complete HLIS for students in K-12, the HLIS field should be updated to “Y” on the ATS BIOU screen.
Figure 2: HLIS field on ATS BIOU screen
BIOU Update Student (before HL update)
A feature has been added (HOME LANG and HLIS blinking yellow). This feature is available for active pre-
K students during the pre-K enrollment period. Schools must administer the HLIS as defined in this guide.
Figure 3: Update Student (BIOU) Screen in ATS
Policy & Reference Guide August 2023 32
BIOD Display Student (before HL update)
Figure 4: Display Student (BIOD) Screen in ATS
BIOU Update Student (after HL update)
Once a valid HL code is entered for HOME LANG and Y is entered in the HLIS field, both fields will stop
blinking yellow and change to constant green. Before June 2020, both the HOME LANG field and HLIS
field were only able to be updated for one day. After June 2020, this restriction has been lifted for active
students matriculating from pre-k to Kindergarten. However, please note that any changes made to the
HOME LANG or HLIS fields may affect the student’s ELL/LEP Flag.
Figure 5: Update Student (BIOU) Screen in ATS
Policy & Reference Guide August 2023 33
BIOD Display Student (after HL update)
If a HL code other than English is entered, the ELL/LEP Flag will immediately calculate.
Figure 6: Display Student (BIOD) Screen in ATS
Home Language Code Inputting Errors and Changes
The Home Language Identification Survey (HLIS) is administered one time during the enrollment process
by qualified personnel (licensed and trained pedagogue). Therefore, upon enrollment and entry of the
home language code, the home language code field is locked, except in the case of pre-K students
matriculating to kindergarten.
If a clerical error is made, send the following information and documentation to your ML/ELL Director
and/or ML/ELL Compliance Performance Specialist for review:
Copy of the original completed and signed Home Language Identification Survey
A request to change the home language code
These requests can only be made by the principal or by the assistant principal with a cc to the principal.
The home language may also be changed as a result of one of the following:
Enrolling as a new student to New York City and was previously enrolled at a New York State
public school (either directly or was enrolled in a New York State public school within the
preceding two years), or
Enrolling as a former New York City or New York State public school student after having been
outside a New York State public school for two or more years
Policy & Reference Guide August 2023 34
Relevant information, documentation, and the completed NYS ELL Transfer Form should be sent to your
ML/ELL Director and/or ML/ELL Compliance Performance Specialist for review. The form is available on
the Policy and Reference Guide InfoHub.
Step 3: Determine NYSITELL Eligibility and Administer NYSITELL to Eligible Students
For students whose home language is not English, qualified personnel (licensed and trained pedagogue)
at the school must administer the mandated individual interview with the student and parent in English
and the student’s home language. In addition, the following should also be completed:
a review of the student’s schoolwork (if available); and
If the student has an IEP, the Language Proficiency Team (LPT) must convene to determine
NYSITELL eligibility (whether the student should take the NYSITELL).
A student may come from a home in which a language other than English is spoken; however, due to
prior educational, social, and/or personal experiences, the student’s primary (dominant) language is
English. As a result, qualified personnel (licensed and trained pedagogue) must determine whether the
student has English oral and literacy skills sufficient for the grade into which the student is enrolling.
Therefore, qualified personnel (licensed and trained pedagogue) must complete the following:
1. Interview the student in both English and the home language (see HLIS Individual Interview Sample
Questions).
2. Review the student’s prior schoolwork in reading, writing, and mathematics, in both English and
the home language. In the absence of sufficient schoolwork, schools may use age - and grade-
appropriate informal, culturally sensitive, school-based assessments or formal and informal
screeners.
Once the school determines the student’s eligibility to take the NYSITELL:
If the student is ineligible to take the NYSITELL, the ELL Identification Process terminates at this
step; indicate the student’s NYSITELL ineligibility through the ELL Options (ELLO) screen in ATS
(see codes for correct indicator).
If the student is eligible to take the NYSITELL, see Administer the NYSITELL.
Note: If the student is determined to be an ELL, the information gathered in steps 1
and 2 should be used to determine if the student requires further assessments for
Students with Interrupted/Inconsistent Formal Education (SIFE) status (see Step 6:
Identification of Students with Interrupted/Inconsistent Formal Education for more
information on SIFE).
Policy & Reference Guide August 2023 35
Determine NYSITELL Eligibility for Incoming Students with IEPs
NYSITELL eligibility for incoming students with IEPs must be based on the determination of the Language
Proficiency Team (LPT). Per NYSED’s Guidance on Determining English Language Learner/Multilingual
Learner (ELL/MLL) Status of and Services for Students with Disabilities (subpart 154-3), students whose
NYSITELL eligibility must be determined by the LPT include “new entrants or re-entering students who:
were identified in NYS as preschool students with disabilities2F
5
and who are entering a public school
and continue to be eligible for special education as school-age students with disabilities; or
come from other states3F
6
in the United States, including the District of Columbia and the
Commonwealth of Puerto Rico and the outlying areas4F
7
, with both an identified disability and an
IEP.”
These procedures must be used for newly admitted students to NYC public schools or re-entering students
after two years (see categories 1 and 3 under Determining Prior Enrollment and Scenarios).
Helpful Hint: For additional resources on ELL identification for incoming students with
IEPs, see NYSED’s website. You may also refer to this NYSED guide.
LPT Composition
Below are the minimum required members of the LPT:
A school/district administrator
A certified teacher or related service provider with a bilingual extension and/or a teacher of
English to speakers of other languages
The director of special education or individual in a comparable title (or their designee)
The student’s parent or guardian
A qualified interpreter must be present at each meeting of the LPT and interpretation in the language or
mode of communication the parent/guardian best understands must be provided.
Note: The principal should not be on the LPT as the principal may need to review the
LPT’s recommendation. All members of the LPT must be documented on the NYSITELL
Determination form available on the Language Proficiency Team InfoHub. Completed
5
For students transitioning from preschool special education, the LPT should consider the extent to which the student received
preschool special education services in the student’s home/primary language or only in English and the effect on the student’s
continued need for ELL services.
6
According to 34 CFR § 300.717(c), “as used in this subpart, State means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.”
7
Outlying areas means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Policy & Reference Guide August 2023 36
forms should be kept in the student’s cumulative folder and copies should be
maintained in the school’s ELL folder of Critical Documents.
LPT Determination
The LPT determines whether the student should take the NYSITELL. The LPT should consider evidence of
the student’s English language development, including, but not limited to the following:
The result of Step 2 (Administer HLIS)
The student’s history of language use in the school and home or community
The results of the individual evaluation of the student conducted in accordance with procedures
in CR Part 200.4(b)(6), which includes assessments administered in the student’s home language
Information provided by the IEP Team/Committees on Special Education5F
8
(CSE) as to whether the
student’s disability is the determinant factor affecting whether the student can demonstrate
proficiency in English
Based on the evidence, the LPT must make a determination as to whether the student may have second
language development needs or whether the student’s disability is the determinant factor affecting
whether the student can demonstrate proficiency in English.
If the LPT determines that the student may have English language development needs, the
student must take the NYSITELL with accommodations recommended in the student’s IEP,
consistent with NYSED policy. Schools must send the entitlement or non-entitlement letter after
NYSITELL within five school days of final determination to parents/guardians in their preferred
language.
If the LPT determines that the student does not have English language development needs and
should not take the NYSITELL, the recommendation is sent to the principal for review.
Note: The LPT’s recommendation should be documented on the NYSITELL
Determination form available on the Language Proficiency Team InfoHub. Completed
forms should be kept in the student’s cumulative folder and copies maintained in the
school’s ELL folder of critical documents.
The LPT does not make determinations on special education classification or eligibility
for services; these determinations are made solely by the student’s Committee on
8
Committees on Special Education (CSEs) coordinate and carry out the special education process for students who are not
enrolled in DOE schools. This includes: Students attending a private, parochial, charter, State Supported or State Approved
Non-Public school • Students attending non-public schools outside New York City and New York State • Students who receive
home or hospital instruction as their placement on their IEP (this does not include students on temporary home instruction, as
these students are expected to return to their prior school) • Students who are being home-schooled • Students who are non-
attending. There are 10 CSEs.
Policy & Reference Guide August 2023 37
Special Education or IEP team. For more information on determining special education
services, refer to the Special Education Standard Operation Procedures Manual.
Principal Determination
If the LPT determined that the student does not have English language development needs and should
not take the NYSITELL, the principal must review the LPT recommendation and accept/reject the
recommendation made by the LPT team.
If the principal rejects the recommendation of the LPT to not administer the NYSITELL,
parent’s/guardians must be notified and the NYSITELL must be immediately administered to the
student with accommodations recommended in the student’s IEP, consistent with NYSED policy.
Schools must send the entitlement or non-entitlement letter after NYSITELL within five school
days of final determination to parents/guardians in their preferred language.
If the principal accepts the recommendation of the LPT not to administer the NYSITELL, the
recommendation is sent to the superintendent or the superintendent’s designee for a final
decision. Additionally, the parent or guardian must be notified within 3 school days of the
decision in the parent’s/guardian’s preferred language.
Note: The principal must complete the principal determination section of the NYSITELL
Determination Form. This section includes principal’s determination, date of
principal’s determination, date sent to superintendent (if applicable), and date letter
was sent to parent notifying parent of principals’ determination. Completed forms
should be kept in the student’s cumulative folder and copies maintained in the school’s
ELL folder of Critical Documents.
Superintendent Determination
In cases where the principal accepts the LPT recommendation not to administer the NYSITELL, the
recommendation is sent to the superintendent or the superintendent’s designee for a final decision.
The superintendent or designee has 10 calendar days to accept or reject the LPT’s recommendation.
Superintendents or their designees can refer to the template approval/denial letters to inform schools
of their decision.
If the superintendent or their designee rejects the LPT’s and principal’s recommendation and
determines that the student must take the NYSITELL, the school has five additional school days to
administer the NYSITELL (if necessary). Schools can print the NYSITELL answer sheet through the
RLBA function in ATS. Schools must notify the parent or guardian of the results of the NYSITELL and
their right to request a review within five school days of final determination. Parent notifications
and translations are available here.
If the superintendent accepts the LPT’s recommendation that the student should not be
administered the NYSITELL, the student should not take the NYSITELL, and the student is not an
Policy & Reference Guide August 2023 38
ELL. Superintendents/designees must notify parents/guardians within five school days of the final
determination and their right to request a review. Parent notifications and translations are
available here. After receiving the final decision from the superintendent or superintendent’s
designee, it is entered into the ELLO screen by the school.
Note: The superintendent or their designee must complete the superintendent
determination section of the NYSITELL Determination Form. Completed forms should
be kept in the student’s cumulative folder and copies maintained in the school’s
record-keeping location. Template letters and translations notifying parents/guardians
of the superintendent’s final decision are available on the Language Proficiency Team
InfoHub.
Completion of NYSITELL Determination Form
Schools should ensure the Language Proficiency Team NYSITELL Determination Form is completed and
placed in the student’s cumulative folder and copies maintained in the school’s ELL folder of critical
documents.
The following sections must always be completed on the NYSITELL Determination Form:
Student and school information
Names and Titles of LPT members
LPT recommendation
Date of LPT recommendation
Date final decision was communicated to parent
If the LPT’s recommendation is that the student should not take the NYSITELL, the following sections must
also be completed:
Date LPT recommendation was sent to principal
Principal determination
If the principal accepts the LPT’s recommendation that the student should not take the NYSITELL, the
following sections must also be completed:
Superintendent determination
If the final decision is to not administer the NYSITELL, indicate date entered in the ELLO screen and
code entered in the ELLO screen.
Policy & Reference Guide August 2023 39
Similarities between Learning Disability and Language Development
It is important to understand how certain elements of the second language development compare to
learner characteristics associated with a learning disability. While components of language development
can seem to mirror a learning disability, they do not necessarily indicate a learning disability. It is vital to
distinguish this so that schools are appropriately meeting the needs of their studentsreferring them
for special education services only when an actual disability is suspected. Care must be taken to ensure
that issues of language differences are not conflated with a language disability and that a student’s
educational background or lack of formal education (meaning, SIFE status) is not mistaken for signs of a
disability. Some of the characteristics are listed below:
Behaviors Associated with Learning Disability
Difficulty following directions
Difficulty with phonological awareness
Slow to learn sound-symbol
correspondence
Difficulty remembering sight words
Difficulty retelling a story in sequence
Confused by figurative language
Slow to process challenging language
May have poor auditory memory
May have difficulty concentrating
May seem easily frustrated
Behaviors Related to Acquiring a Second
Language
Difficulty following directions
Difficulty distinguishing between sounds
not in the home language
Confusion with sound-symbol
correspondence when different than in
home language; difficulty pronouncing
sounds not in the home language
Difficulty remembering sight words when
word meanings not understood
May understand more than able to
convey in English
Confused by figurative language in
English
Slow to process challenging English
May have poor auditory memory in
English
May have difficulty concentrating
May seem easily frustrated
Policy & Reference Guide August 2023 40
Documenting Non-Eligibility to Take the NYSITELL - ELL Options (ELLO) Screen
Schools should access the ELLO screen in ATS only for students:
whose home language is other than English; and,
who have been determined to not have English language development needs.
Note: These students are not ELLs and do not need to take the NYSITELL.
Decisions indicating that a student does not have language development needs can be determined by
the school for students without an Individualized Education Program (IEP) or a Language Proficiency
Team (LPT), principal, and superintendent for students with an IEP. This decision needs to be entered
within 10 school days of a student's admit date (or 20 school days for a student with an IEP), and it only
applies to newly admitted students to NYC public schools or reentry students that have not been
enrolled in an NYS public school in the past two years and have been determined to not have language
development needs.
If you have a pre-K student entering kindergarten in September, the student will not appear on the ELLO
screen until mid-July, at which time you can enter this decision.
Figure 7: ELL Options (ELLO) Screen in ATS
Helpful Hint:
If a student was appropriately and accurately identified as an ELL through the ELL
identification process, which includes the NYSITELL, no further action is necessary, and
no data needs to be entered into the ELLO screen. In addition, if a student was
appropriately administered the NYSITELL and scored Commanding (and is not an ELL),
no data needs to be entered into the ELLO screen.
Policy & Reference Guide August 2023 41
ELLO Codes
Below are descriptions of codes A-D that can be entered on the ELLO screen in ATS.
Code A: The student was determined not to have language development needs by the current
NYC public school.
Code B: The student was determined not to have language development needs by the current
NYC public Language Proficiency Team (LPT).
Code C: The student was determined not to have language development needs by the previous
NYS public school.
Code D: The student was determined not to have language development needs by the
previous NYS public Language Proficiency Team (LPT).
ELLO Screen Errors and Changes
The ELLO code is entered once the determination has been made by the appropriate personnel. This
field is locked upon entering the code. If a clerical error is made, send the following information and
documentation to your ML/ELL Director and/or ML/ELL Compliance Performance Specialist for review:
Copy of the original completed and signed Home Language Identification Survey.
All relevant documentation that indicates a clerical error or technical issue, which shows an ELLO
Option Code different than that which was entered on the HLIS and subsequently entered into
ATS.
These requests can only be made by the principal or by the assistant principal with a cc to the principal.
Note: A clerical or technical error for this protocol is defined as a failure to execute a
task or the execution of the task was an error; however, the task or intent was clearly
within the timeframe as stipulated in this guide. For information on entering data into
the ELLO screen, see the ELLO Wiki page.
Policy & Reference Guide August 2023 42
Administer the NYSITELL
If a student is determined to be eligible for the NYSITELL, schools must administer the test within 10
school days of enrollment (20 school days for incoming students with IEPs).
SY 2023-24 Policy Update: Schools must complete the ELL identification process for all
newly enrolled and reentry students as per the timelines listed below:
Students who enroll during Summer 2023 and the first day of school (September 7)
must be identified and placed into an ELL program by September 20, 2023. If an
incoming student has an Individualized Education Program (IEP), NYSITELL eligibility
must be determined by a Language Proficiency Team (LPT) and ELL
identification/placement into a program must be completed by October 5, 2023.
All students who enroll after the first day of school, must be identified and placed
within the standard 10 school days of enrollment (or 20 school days for incoming
students with IEPs).
Principals must order NYSITELL exams through the NYSED portal. Ordering is ongoing throughout the
year. Along with the exams, schools will receive directions for administration.
If the student is eligible for the NYSITELL, print and provide parents/guardians the Parent Guide to the
NYSITELL.
Answer documents must be generated and printed via ATS printers using the RLBA function in ATS. For
more information on generating these answer documents, see the NYSITELL Scanning Handbook. All
information needed to identify students will automatically print on the answer documents.
After the NYSITELL is administered, answer documents must be scanned into ATS via the attendance
scanner within 10 school days of enrollment (20 school days for students entering with IEPs). Scanning
beyond 10 school days (or 20 school days for students entering with IEPs) will result in non-compliance.
Helpful Hint: Checking for Scanning Errors
Make sure to print the RLCB Scan Report from ATS, which indicates the students’
proficiency levels and any scanning errors; scanning errors should be addressed
immediately. See the NYSITELL Scanning Handbook for directions.
The NYSITELL may be administered to students entering kindergarten the following school year no
earlier than June 1 and to all other students no earlier than July 15.
Note: Adherence to state policy is determined by the NYSITELL scan date, not the
bubble date. An administration of the NYSITELL that has a bubble date that predates
the end of the 10-day testing window, but a scan date that exceeds the 10-day testing
window will be considered out of compliance.
Policy & Reference Guide August 2023 43
Ten (and 20) school days: (1) refers to days the school is in session, (2) begins the first
day of school or the first day the student is enrolled at the school (whichever is later),
and (3) includes days the student was absent.
The “clock” cannot begin before the first day of school (for example, if a student enrolls
on July 7 for the fall, the clock will still begin the first day of school in September). The
timeliness is based on the day on which the NYSITELL and Spanish LAB (if applicable)
answer documents are scanned.
For more information on ordering and administering the NYSITELL, or printing and scanning the answer
documents, see the NYC DOE’s NYSITELL Assessment Memorandum, NYSED Guide to NYSITELL, Scanning
Handbook, and other useful resources on the NYSITELL InfoHub.
Step 4: Send Parent Notifications in Preferred Language
Within five school days of ELL determination, schools must inform parents/guardians of the results of
the NYSITELL, ELL status, and their right to seek review of this determination. Schools should use the
NYC DOE standard parent notification letters (in the parents’ preferred language), which are available on
the Multilingual Learner Parent Notification Letters InfoHub.
Entitlement Letter (after NYSITELL)
Non-Entitlement Letter (after NYSITELL)
Note: If the student is 18 years or older, the student must also receive a copy of the
letter. Copies of dated and signed letters must be retained in the student’s cumulative
folder.
Step 5: Administer the Spanish LAB
All newly identified ELLs whose HLIS responses indicate a home language of Spanish must be
administered the Spanish LAB at the time of initial enrollment during the same 10 school day testing
window (or 20 school days for incoming students with IEPs).
SY 2023-24 Policy Update: Schools must complete the ELL identification process for all
newly enrolled and reentry students as per the timelines listed below:
Students who enroll during Summer 2023 and the first day of school (September 7)
must be identified and placed into an ELL program by September 20, 2023. If an
incoming student has an Individualized Education Program (IEP), NYSITELL eligibility
must be determined by a Language Proficiency Team (LPT) and ELL
identification/placement into a program must be completed by October 5, 2023.
Policy & Reference Guide August 2023 44
All students who enroll after the first day of school, must be identified and placed
within the standard 10 school days of enrollment (or 20 school days for incoming
students with IEPs).
The Spanish LAB is used to support schools in instructional planning in providing bilingual and English as
a New Language (ENL) services to these students. Spanish LAB results are not used to determine ELL
status or service entitlement.
Note: The Spanish LAB is not administered to students re-entering NYC public schools
after two years. The Spanish LAB is administered only once.
Schools must print Spanish LAB answer documents using the RSLA function in ATS. After the Spanish LAB
is administered, answer documents are scanned into ATS via the attendance scanner within 10 school
days of enrollment (20 school days for incoming students with IEPs). Scanning beyond this window will
result in noncompliance. For more information on ordering and administering the Spanish LAB, or
printing and scanning the answer documents, see the NYC DOE’s Spanish LAB Scanning Handbook.
Note: Adherence to policy is determined by the Spanish LAB answer document scan
date, not the bubble date. For example, an administration of the Spanish LAB that has
a bubble date that predates the end of the 10-day testing window, but a scan date that
exceeds the 10-day testing window will be considered out of compliance.
Step 6: Identification of Students with Interrupted/Inconsistent Formal Education
Students with Interrupted/Inconsistent Formal Education (SIFE) are ELLs who have attended schools in
the United States (the 50 States and the District of Columbia) for less than twelve months and who,
upon initial enrollment in such schools are two or more years below grade level in literacy in their home
language and/or two or more years below grade level in mathematics due to inconsistent or interrupted
schooling before arrival in the United States.
Schools have 30 school days from initial enrollment to make an initial SIFE determination. Determining
SIFE status begins at the time of the completion of the Home Language Identification Survey (HLIS) when
the parent/guardian is asked to indicate prior schooling. Follow all the same steps as outlined in this
guide to identify an ELL. If there are indications within the ELL Identification Process that a student has
had an interruption or inconsistency in their formal schooling, proceed with the SIFE Identification
Process as outlined below for students who are:
Newly identified ELLs, and
In grades 3 to 9, and
At the beginner/entering or low Intermediate/emerging level of proficiency as indicated by the
NYSITELL results
Policy & Reference Guide August 2023 45
SIFE Identification Process
Please refer to the NYSED SIFE Identification flow chart for more information on the process to identify a
potential SIFE, which includes:
1. NYSED Oral Interview Questionnaire
2. Multilingual Literacy SIFE Screener (MLS). The MLS is currently available in these languages.
Helpful Hint: MLS Site Account
The MLS site only allows for one single set of credentials to be claimed for each school.
As a best practice, we recommend that schools use a general email available to
multiple staff members. Log in credentials should be made available to the assessment
team at the school to ensure access to the MLS account. To help troubleshoot any
issues, please refer to the MLS User Manual.
3. Writing Screener
Initial SIFE status must be indicated in ATS (BNDC) no later than 30 school days from initial enrollment
(see ATS: BNDC for SIFE Determination and Paraprofessional Services). As per CR Part 154, schools have
up to one year to make a final determination of SIFE status; therefore, initial SIFE identification within
the 30 days may be modified for up to one year. SIFE status is removed once the ELL scores at
intermediate/transitioning level or higher on the NYSESLAT.
For further information on SIFE, visit the Multilingual Learners InfoHub and the NYSED website for a full
description of resources, guidance documents, and the SIFE identification tools. NYSED tools replace
those that were previously available only to NYC public schools (LENS).
Note: Results of the MLS (administered to students in grades 3-9 during the
identification process) can indicate that a student is SIFE. However, note that the SIFE
label can still be applied to students in grades 10-12 if they were identified as SIFE and
have not exited SIFE status.
Policy & Reference Guide August 2023 46
Step 7: Parent Agreement and Program Placement
Parents/guardians are the sole determinants of the ELL programs their children receive, initially and in
subsequent years. Schools must notify parents/guardians of their child’s eligibility for ELL services and
provide information and program selection through parent orientations (in the parent’s/guardian’s
preferred language), following the steps outlined below. Schools may not refuse admission to zoned
students or students assigned by the NYC DOE’s Office of Student Enrollment based on their ELL status
or program needs.
When a new ELL enrolls, schools must inform parents of the three instructional models available in New
York City (see ML/ELL Programs), regardless of whether the preferred model is currently offered in the
school.
Helpful Hint: Program Placement before Parent Orientation
When a student is identified as an ELL, he/she must first be placed in a bilingual
program, before the parent orientation meeting, if one exists at the school. Newly
identified ELLs who do not speak a common language and for whom a bilingual
program cannot be formed (because minimum thresholds have not been met) must
be placed in ENL. The minimum thresholds established by NYSED’s CR Part 154, as
amended by the Aspira Consent Decree, which requires the opening of a bilingual
program, are as follows:
In kindergarten to grade 8, 15 or more ELLs who speak the same language in
one or two contiguous grades
In grades 9 to 12, 20 or more ELLs who speak the same language in one grade
Parent Orientation
To inform parents/guardians of these options, schools must provide parents/guardians of newly enrolled
ELLs with a parent orientation where they can view the parent orientation video (which explains the
three program options and is available in multiple languages).
The parent orientation must also provide a high-quality orientation section on the Next Generation
Learning Standards, assessments, and school expectations for English Language Learners, as well as the
program goals and requirements for all three ML/ELL program models: Dual Language Bilingual
Education, Transitional Bilingual Education and English as a New Language regardless of whether the
school currently has either type of bilingual program.
The orientation must be in a language or mode of communication that the parent or guardian best
understands. Schools should refer to NYC DOE’s language access supports if they require an interpreter
for any language that is not spoken by the school staff.
Policy & Reference Guide August 2023 47
Note: Session agendas, attendance records, staff members present at the orientation,
and languages used other than English must be recorded using existing procedures
established in the school.
ELL Parent Survey & Program Agreement Form
After parents/guardians are informed of all three program models at the parent orientation, schools
must provide parents with the ELL Parent Survey & Program Agreement Form (in the parents’ preferred
language), where parents/guardians can indicate their program selection. The parent must return the
completed and signed form within five school days.
Note: The ELL Parent Survey & Program Agreement Form is a formal record of the
parent’s preference of ELL program for their child and must be retained in the
student’s cumulative folder and accessible for State or City audits and reviews. A copy
of the completed Parent Survey & Program Agreement Form can be provided to the
parent upon request.
Placement Letters
Upon receiving the completed ELL Parent Survey & Program Agreement Form, schools should send the
parent/guardian the Placement Letter (After Receiving Parent Survey) in their preferred language to
confirm their child’s placement into an ELL program.
If the parent does not return the Parent Survey & Program Agreement Form within five school days, the
student remains in the bilingual program if one exists at the school; otherwise, the student remains in
ENL. In this case, the school should notify the parent of the student’s placement by sending the Default
Program Placement Letter in the parent’s preferred language.
Note: The school must document and include attempts to gather initial parent option;
documentation should be maintained using existing procedures established by the
school.
Students who are placed in ENL as a result of the parents’ not returning the survey must be counted
toward minimum thresholds established by NYSED’s CR Part 154, as amended by the Aspira Consent
Decree, which requires the opening of a bilingual program, which are as follows:
In kindergarten to grade 8, 15 or more ELLs who speak the same language in one or two
contiguous grades
In grades 9 to 12, 20 or more ELLs who speak the same language in one grade
Policy & Reference Guide August 2023 48
Update parent selection in ATS
Schools are responsible for entering parent selection as indicated on the ELL Parent Survey & Program
Agreement Form in the designated screen in ATS (ELL Parent Choice (ELPC) within 20 school days of
enrollment (30 school days for students entering with IEPs).
Note: Any student who was admitted over a year ago will not appear on the ELPC
screen. Enter the parent option for these students on the BNDC screen.
The parent’s first choice should be entered as noted on the Parent Survey & Program Agreement Form,
regardless of whether that selection is currently offered at the school.
Helpful Hint: Changes to Parent Option
Though it is discouraged, if a parent changes their ELL program selection, subsequent
parent option changes should be entered into the BNDC screen in ATS. The school
should also maintain records for any change to parent option in the student’s
cumulative folder.
For more information on the ELPC screen, see ATS: ELL Parent Choice Update Screen (ELPC).
Placement into ELL program
ELLs must be placed in the parent/guardian’s selected program within 10 school days of enrollment (20
school days for incoming students with IEPs).
If a parent/guardian selects an option that is currently available in the school, the school must place the
student in that program immediately and provide the student with a full schedule.
Note: All schools must have an ENL program at minimum.
If a parent/guardian’s bilingual program selection is not currently available in the school, the school
must inform the parent that the bilingual program is not available at the school and provide the parent
with the options listed below. Schools must maintain a record of the parent’s response.
Keep the student enrolled at the current school in an available program; if the parent chooses
this option, the school should immediately place the student in that program and begin serving
the student; OR
Request a transfer to a different school where the parent’s selection is currently available (refer
to the bilingual program list and ELL Bilingual Program Transfer Policy and Procedure.)
Note: An ELL bilingual program transfer option is only available in cases where
parents/guardians have requested a bilingual program, one is not available at the
school and the school does not meet the minimum thresholds to create one.
Policy & Reference Guide August 2023 49
ELL Bilingual Program Transfer Option
In accordance with Commissioner’s Regulation Part 154, families of English Language Learners (ELLs)
have the right to request a bilingual program (Transitional Bilingual Education or Dual Language Bilingual
Education). CR Part 154 as amended by the Aspira Consent Decree requires schools to create bilingual
programs if there are 15 ELLs (for elementary or middle school) in two contiguous grades or 20 ELLs (for
high school) that speak the same home language in one contiguous grade. If the student’s current school
does not have a bilingual program or enough students of the same home language to create the
bilingual program, the student has the right to request a transfer to a school with that bilingual program.
Note: Schools must continue to provide English as a New Language (ENL) services to
the student while the transfer is being pursued.
ELL Bilingual Program Transfer Policy and Procedure
The Division of Multilingual Learners (DML) and ATS have developed a new function in ATS that replaces
the external system that processes ELL Bilingual Program Transfer Requests. This new process (ELTR) is
the source of submitting, tracking, and reporting for ELL Bilingual Program Transfer Requests.
Note: Transfer requests for students with Bilingual Special Education (BSE)
recommendations on their IEP (ICT or special class in a language other than English)
must be submitted to [email protected].
ELL Bilingual Program Transfer Pre-Requisites
Before submitting an ELL Bilingual Program Transfer Request on the ELTR screen in ATS, schools must
make sure the following steps have been completed:
1. ELL Identification
a. Qualified personnel (licensed and trained pedagogue) administers Home Language
Identification Survey (HLIS)
b. If student is eligible, administer and scan results of New York State Identification Test for
English Language Learners (NYSITELL) in ATS
2. ELL Program Selection
a. Enter ELL Parent Survey and Program Selection response on ELPC in ATS
b. For updates, enter the change of Program Selection response on BNDC in ATS
ELL Bilingual Program Transfer Eligibility
The ELL Bilingual Program Transfer Request process is available for currently active ELLs in grades K-12
who request a transfer to a school that has the bilingual program they requested. The ELTR screen will
only display students who are eligible for an ELL Bilingual Program Transfer Request who meet the
following criteria:
Policy & Reference Guide August 2023 50
1. Student is currently an ELL
2. Student is in Grade Level K-12
3. Student’s Home Language is not English or not unknown (meaning, UK, ZZ, EN, NULL/blank)
4. Student’s current Bilingual Parent Option is Dual Language Bilingual Education (D) or Transitional
Bilingual Education (B)
Note: Students with an ENL program option are not eligible for an ELL bilingual
program transfer as all schools are expected to have an ENL program at minimum.
Procedures to Request an ELL Bilingual Program Transfer
As part of the ELL Identification process, parents/guardians of English Language Learners (ELLs) have the
option to select the ELL program of their choice. If the parent/guardian selects a transitional bilingual
education program or dual language bilingual education program that is not available at the current
school, the family can request a transfer to another school with that bilingual program. To request an
ELL Bilingual Program transfer, please follow the steps below:
1. Share the Family Request for ELL Bilingual Program Transfer form with the family in their preferred
language.
Note: The Family Request for ELL Bilingual Program Transfer form indicates the family’s
consent to request the ELL Bilingual Program transfer.
If the transfer is approved by the Division of Multilingual Learners and a placement
option is identified by the Family Welcome Center, the parent/guardian must indicate
whether they accept or reject the placement on a separate Family Authorization for
ELL Bilingual Program Transfer form.
If the parent/guardian accepts the offered placement, the parent/guardian may also
have to submit a signed enrollment assignment letter as part of this process before
registering at the new school.
2. Submit the transfer request on the ELTR screen in ATS. Principals should follow the steps listed
below to submit the ELL bilingual program transfer request in ATS:
Go to the ELTR screen in ATS.
Find the student’s name. Under the SEL column, by the student's name enter S and then hit enter
on your keyboard.
Principals will then be prompted to answer three questions on the ELTR submit screen and to
submit a distance code indicating how far the family is willing to travel. The principal should refer
to the completed Family Request for ELL Bilingual Program Transfer form, respond to the three
questions and enter the appropriate distance code.
Policy & Reference Guide August 2023 51
Once the request is successfully submitted an "S" will appear under the status
column and an automated email will be generated and sent to
[email protected] copying the user who submitted the request in ATS.
The principal will receive an email confirmation once the ELTR request is successfully submitted
in ATS; this email confirmation will also be forwarded to [email protected].
Note: Only students that may be eligible for an ELL bilingual program transfer appear
on the ELTR screen. If a student is not listed on the ELTR screen, make sure all the pre-
requisites have been met (NYSITELL was previously administered and scanned, and
student is an active ELL with a current bilingual program option in either the ELPC or
BNDC screen).
3. Submit the signed Family Request for ELL Bilingual Program Transfer form to
Helpful Hint: Submitting Family Request for ELL Bilingual Program Transfer Form
When submitting the completed Family Request for ELL Bilingual Program Transfer
form to [email protected], please make sure:
All relevant fields/boxes have been completed by the parent/guardian.
The ELTR request has already been submitted by your principal in ATS.
Your email contains the following information to expedite your request:
Student Name, NYC ID (OSIS) and your school DBN.
You have copied any relevant parties at your school that will be able to follow
up with the family throughout this process.
If the student was not recently identified as an English Language Learner within
the current school year or has been served in an ENL program until recently
requesting a bilingual program, please include an explanation that details why
the family is requesting an ELL bilingual program transfer.
4. Once the transfer request has been successfully submitted via the ELTR screen in ATS by the
principal and the completed Family Request for ELL Bilingual Program Transfer has been submitted
to [email protected], DML will review the transfer request.
If DML, the ML/ELL Director, and the Superintendent determine that the school cannot create a
bilingual program, DML approves the request and reaches out to the Family Welcome Center to
identify a potential placement, copying the ML/ELL Director and/or ML/ELL Compliance
Performance Specialist and relevant contacts from the school.
5. Family Welcome Center determines if there is an available placement option for the student.
Policy & Reference Guide August 2023 52
6. The school should notify the parent/guardian regarding any potential placement options and
obtain the family’s decision on the Family Authorization for ELL Bilingual Program Transfer.
The parent/guardian’s decision to accept (transfer to new school) or reject (remain at school and
receive ENL) should be recorded on the Family Authorization for ELL Bilingual Program Transfer
form.
7. Submit the completed Family Authorization for ELL Bilingual ProgramTransfer form to
[email protected] indicating whether the family accepts or rejects the offer.
If possible, share the form on the most recent e-mail chain pertaining to your transfer request.
8. Update the ELTR screen in ATS to reflect whether the family accepts/rejects the placement offer.
Go to the ELTR screen in ATS.
On the ELTR screen, please find the student’s name.
Under the Status column, overwrite the existing S and enter O, hit F2.
Overwrite the existing O and enter (A - if accepted; N- if not accepted), hit F2.
If the offer was not accepted (N), enter the appropriate code, hit F2.
o (1) Transportation Concerns (manual)
o (2) School Environment (manual)
o (3) Request Withdrawn (manual)
9. DML follows up with Family Welcome Center and shares the completed Family Authorization for
ELL Bilingual Program Transfer form.
10. Family Welcome Center advises of next steps and may prepare an enrollment assignment letter
and request the date the family intends to register at the new school.
The requesting school should share the enrollment assignment letter with the family and follow
up with the family on when they plan to register at the new school.
Requesting school shares signed enrollment assignment letter with Family Welcome Center.
Family Welcome Center will advise of the next steps.
Helpful Hint: For any questions regarding this process, please reach out your ML/ELL
Director or ML/ELL Compliance Performance Specialist or email
If you have questions about a specific student, please make sure to provide the
student’s full name, NYC DOE Student ID, and your school DBN.
Timeline for ELL Bilingual Program Transfer Requests
ELL Bilingual Program Transfer Requests must be completed within the school year it is
submitted.
If the ELL Bilingual Program Transfer Request is from a previous year, then the request is closed.
Policy & Reference Guide August 2023 53
If the ELL Bilingual Program Transfer Request is not completed within the school year, a new
request must be submitted.
ELL Bilingual Program Transfer Request (ELTR) Screen in ATS
Principals can now submit and track the progress of an ELL Bilingual Program Transfer Request on the
ELTR screen in ATS. The ELTR screen can be found with other similar ELL functions on the BESI screen
(BESIS Functions). You can also enter the ELTR screen directly by entering ELTR in the top left corner of
ATS.
Note: Only principals have access to this functionality. Principals unable to access this
function should ensure they have principal level access in ATS. Please contact
[email protected] to request principal level access.
Figure 8: BESIS functions screen
ELTR Main Screen
The ELTR main screen lists all eligible students for an ELL Bilingual Program Transfer Request in
alphabetical order by Last Name. If a student and family are not requesting a transfer, then no further
action is required on this screen. This screen will allow principals to:
Submit an ELL Bilingual Program Transfer Request for a student
Track a student’s ELL Bilingual Program Transfer Request
Policy & Reference Guide August 2023 54
This screen and the following ELTR screens will allow principals to make the most informed decision
about placement options for the student.
On the ELTR main screen, principals can view key student information (Name, Grade Level, Home
Language, Proficiency level, LEP flag, Parent Option, etc.). Principals can also view the status of an ELL
Bilingual Program Transfer Request, and if applicable, the reason for the status (more on this later).
To see more details for a student, a principal should enter “Dnext to the student’s name under the SEL
column and then hit enter.
To start the ELL Bilingual Program Transfer Request process, a principal should enter “S” next to the
student’s name under the SEL column and then hit enter.
Note: If you are requesting a transfer for a student with a Bilingual Special Education
(BSE) recommendation on their IEP, please contact BSEProg[email protected] for
assistance. A BSE recommendation is for either an ICT or special class with a language
of instruction other than English.
Figure 9: ELTR main screen
Note: ELL Bilingual Program Transfer Request statuses of X and N will not be displayed
after one day since those requests will be considered closed (more below).
ELTR Student Detail Screen
When “D” is entered under the SEL column on the ELTR main screen, the following ELTR Student Detail
screen will be displayed. This screen is for informational purposes only (no updates can be made to this
screen). If an ELL Bilingual Program Transfer Request has been submitted for this student, then you can
see the date of that submission, the user who submitted the application, and the Distance Code.
Policy & Reference Guide August 2023 55
Figure 10: ELTR student detail screen
Note: ELTR Submit Date, Submitted By, and Distance Code are only available after the
request is submitted on the ELTR Submit Screen.
Policy & Reference Guide August 2023 56
ELTR Submit Screen
When “S” is entered under the SEL column on the ELTR main screen, the following screen will be
displayed. For the ELL Bilingual Program Transfer Request to be submitted, each of the questions listed
below must be answered. These questions align to the information collected on the ELL Bilingual
Program transfer request form. If an incorrect value is entered, a red message on the bottom of the
screen will guide principals to the appropriate actions.
Figure 11: ELTR submit screen
Three Questions
1. Have you explained the OPT policy to the family (Y/N)?
2. How far is the family willing to travel beyond their home? (See distance codes below)
3. Has the family authorized this transfer request (Y/N)?
Distance Codes
1 = Within 2 Mile Radius
2 = Within 5 Mile Radius
3 = Within 10 Mile Radius
4 = Within Borough
Policy & Reference Guide August 2023 57
ELTR Confirmation Email
Once an ELL Bilingual Program Transfer Request is successfully submitted, ATS will generate a summary
email that will automatically be sent to the [email protected] inbox with the
requesting user copied. In order for the ELL Bilingual Program Transfer Request to be processed, the
school must follow up and submit the signed Family Request for ELL Bilingual Program Transfer form to
We recommend forwarding the automated email to [email protected] with the
signed Family Request for ELL Bilingual Program Transfer form and copying any relevant staff that will be
responsible for following up with the family regarding the transfer request and status. This will allow
both the school and DML to have all the information regarding the ELL Bilingual Program Transfer
Request in one place.
An example of the auto-generated email is below:
Policy & Reference Guide August 2023 58
ELTR Statuses and Reasons
To accurately track and report an ELL Bilingual Program Transfer Request, six ELL Bilingual Program
Transfer Request statuses were created to maintain this information.
ELL Bilingual Program Transfer Request Statuses
1. (S) = ELL Bilingual Program Transfer Request Submitted by School
a. Initial Status based on signed Family Request for ELL Bilingual Program Transfer
b. Next logical Status is Offered (O) or Not Offered (X)
2. (O) = ELL Bilingual Program Transfer Offered to Family
a. If a transfer is available, the school offers to family and updates the Status
b. Next logical Status is Accepted (A) or Not Accepted (N)
c. Status can also be changed to Not Offered (X) (for example, data entry error)
3. (X) = ELL Bilingual Program Transfer Not Offered to Family
a. If a transfer is not available, the school notifies the family and updates Status
b. Status can also be changed to Offered (O), but only on the same day (for example, data
entry error)
c. Status is locked the next day and the request will be considered closed
i. The student can request another transfer, but a new request needs to be submitted
by the school
4. (A) = ELL Bilingual Program Transfer Accepted by Family
a. If the family accepts transfer based on signed Family Authorization for ELL Bilingual
Program Transfer, school updates Status
b. Next Logical Status is Transfer Completed (T) (automated by ATS)
c. Status can also be changed to Not Accepted (N) (for example, data entry error, family
changes mind, etc.)
5. (N) = ELL Bilingual Program Transfer Not Accepted by Family
a. If the family does not accept transfer, the school updates Status
b. Status can also change to Offered (O), but only on the same day (for example, data entry
error)
c. Status is locked the next day and the request will be considered closed
i. The student can request another transfer, but a new request needs to be submitted
by the school
Policy & Reference Guide August 2023 59
6. (T) = ELL Bilingual Program Transfer Completed by ATS
a. This is system driven based on the student being admitted to receiving school
To accurately track and report the reason an ELL Bilingual Program Transfer Request is not processed,
five ELL Bilingual Program Transfer Request Reasons were created to maintain this information
depending on the ELL Bilingual Program Transfer Request status.
ELL Bilingual Program Transfer Request Reasons
1. When ELL Bilingual Program Transfer Status is Not Offered (X), the school will enter one of the
following Reasons:
a. (1) Program Not Available (manual)
b. (2) Administrative Failure (manual)
c. (3) Program Not Beneficial (manual)
2. When ELL Bilingual Program Transfer Status is Not Accepted (N), the school will enter one of the
following Reasons:
a. (1) Transportation Concerns (manual)
b. (2) School Environment (manual)
c. (3) Request Withdrawn (manual)
3. When ELL Bilingual Program Transfer Status is “Pending” (S, O, or A), ATS will populate the
following Reasons:
a. (4) Student Discharged (automated)
Request is closed
b. (5) Application Incomplete (automated)
Request is closed
c. (NULL) Application Open
ELL Bilingual Program Transfer Requests must be completed within the year it is
submitted
If the ELL Bilingual Program Transfer Request is from the previous year, then the
request is closed
If ELL Bilingual Program Transfer Request is not completed within the year, a new
request must be submitted
Policy & Reference Guide August 2023 60
Transfer Student (TRAF) and ELTR
The transfer process for students transferred through the ELL Bilingual Program Transfer Request
process is the same as all other students except for one additional question: “Is this transfer due to a
bilingual program request (DL or TBE)?”
Note: Receiving schools must enter Y or N for the question “Is this transfer due to a
bilingual program request (DL or TBE)?” This answer will determine the final ELTR
Status and/or ELTR Reason for the student.
If ELTR Status is (Submitted - S, Offered - O, or Accepted) AND there is no Reason, the question appears
on the TRAF screen.
1. If the Status is (A) and the answer is (Y), then the Status on the TRAF screen changes to (T)
This is the ideal ELL Bilingual Program Transfer Request completion Status
2. If the Status is (S) or (O) and the answer is (Y), the Status remains unchanged, but the Reason is (5)
This is so no student is prevented from transferring, and the transfer information is
captured
Investigation through reports will identify the cause of incomplete transfers
3. If the answer is (N), the Status remains unchanged, but the Reason is (4)
Figure 12: TRAF Screen for student with an open ELL Bilingual Program Transfer request
Policy & Reference Guide August 2023 61
Step 8: Student is Placed in ELL Program
Once the student’s ELL program has been determined based on the steps outlined above, schools send
parents a placement letter (in the parents’ preferred language) indicating the program in which their
child has been placed. A copy of the placement letter should be maintained in the student’s cumulative
folder; see Retention of Records for more information.
Schools should program all ELLs for the minimum number of minutes of English as a New Language. For
students placed in a bilingual program, program for bilingual classes. The number of minutes of ENL per
student is based on proficiency level and grade level. See the Units of Study Tables for ENL and bilingual
education programs on the mandated number of minutes of ENL and bilingual program requirements.
See STARS wiki for programming ENL and bilingual programs in STARS.
Note: Proceed to steps 9 and 10 only if the ELL status is requested to be reviewed and
considered for reversal (due to possible misidentification). Steps 9 and 10 are used
only on an “as necessary” basis.
Step 9: Re-Identification of ELL Status (only used as necessary)
Beginning in SY 2015-16, a student who has undergone the ELL Identification Process (as the result of
first-time entry or reentry) may go through the ELL Re-Identification Process. The Re-Identification
Process allows schools, parents, and students who believe a student may have been misidentified as an
ELL or non-ELL to request (within 45 school days of a student’s initial determination or reentry
determination) that the ELL Identification Process be administered a second time. The Re-Identification
Process may be utilized for students who:
Have a home language other than English, and
Are ELLs and non-ELLs
The school must initiate a review of the ELL status determination upon receipt of a written request from
any of the following:
A student’s parent or guardian
A student’s teacher (if the teacher’s request includes written consent from the parent or
guardian)
A student of 18 years of age or older
The Re-Identification Process must be completed within 10 school days of receipt of written notice;
however, if the IEP team must be consulted for students with IEPs, the process must be completed
within 20 school days.
Policy & Reference Guide August 2023 62
Steps in the Re-Identification Process
1. School receives a written request to initiate the Re-Identification Process (for example, a parent
writes a letter to the principal).
2. School reviews all documents related to the initial or reentry identification process detailed above.
3. School reviews the student’s work in English and the home language.
4. The school may administer the NYSITELL to the student if the original determination was that the
student should not be administered the NYSITELL.
Note: Under no circumstances can the Re-Identification Process include a second
administration of the NYSITELL.
5. School consults with parent or guardian.
6. The school conducts and reviews the results of a school-based assessment, administered by
qualified personnel as defined by CR Part 154-2.2(u)3F6F
9
, of the student’s abilities in listening,
speaking, reading, and writing in English.
7. The appropriate staff consults with the IEP team if the student has a disability or is suspected of
having a disability that may impact the ability to speak, read, write, or listen in English.
8. Based on the recommendation of the qualified personnel, the school principal determines whether
to change the ELL status or not. The principal’s decision is entered into the RQSA screen in ATS.
Written notification of the decision in the parent’s preferred language must be sent to the parent
or guardian (and the student if he/she is 18 years of age or older). If the recommendation is to not
change the ELL status, no further actions are necessary; if the recommendation is to change the
ELL status, the process continues.
9. Upon receipt of signed notification acknowledging the principal’s recommendation to change the
ELL status from the parent or guardian or student (if he/she is 18 years of age or older), the relevant
documents and recommendation are sent to the superintendent (or designee) for review and final
decision.
10. Written notification of the decision is sent from the superintendent to the principal, parent,
guardian, and student (if he/she is 18 years of age or older) in the parent’s preferred language
within 10 school days of receipt of documentation from the principal. Superintendent’s (or
designee’s) decision is entered into the RQGA screen in ATS. If the decision is to not change the
9
A bilingual or English to speakers of other languages teacher, certified pursuant to CR Part 80, who is fluent in the home
language of the student and parent or guardian, or uses a qualified interpreter/translator of the language or mode of
communication the student or parent or guardian best understands, or (2) a teacher who is certified pursuant to CR Part 80,
and has been trained in cultural competency, language development and the needs of English language learners, and who is
proficient in the home language of the student or parent or guardian or uses a qualified interpreter/translator of the language
or mode of communication the student or parent or guardian best understands.
Policy & Reference Guide August 2023 63
ELL status, no further action is necessary. If the decision is to change the ELL status, the student’s
program must be modified accordingly.
11. All notifications and relevant documents must be kept in the student’s cumulative folder. See
Retention of Records.
Helpful Hint: Re-Identification of ELL Status Process
Principals use the RQSA in ATS.
Superintendents use the RQGA in ATS.
Schools should establish protocols and assign qualified and trained staff to manage
both the initial and Re-Identification Processes.
If a student’s ELL status is determined to be a non-ELL as a result of the Re-
Identification Process, the student will not be counted as an ELL for statistical or
reporting needs. Additionally, the student will be considered a “never” ELL and is not
entitled to ELL testing accommodations or to be reviewed under ELL promotion policy.
The student will not need to take the NYSESLAT.
Step 10: Review of Re-Identification of ELL Status Reversal (only used as necessary)
Between six and 12 months (from the date of the superintendent’s notification to the principal, parent,
guardian, and/or student), the principal must review the Re-Identification Process decision to ensure
that the student’s academic progress has not been adversely affected by the determination.
The principal will consult with a qualified staff member in the school, the parent/guardian, and the
student. If the principal, based on the recommendation of qualified personnel and consultation with the
parent/guardian believes that the student may have been adversely affected by the determination, the
principal must provide additional support services to the student as defined in CR Part 154-2.3(j) and
may reverse the determination within this same 6-to-12-month period.
If the principal decides to reverse the ELL status, the principal must consult with the superintendent or
the superintendent’s designee. Final decision notification must be in writing to the parent, guardian,
and/or student in the parent’s preferred language within 10 school days.
Policy & Reference Guide August 2023 64
ATS Screens for Re-Identification of ELL Status
Principal’s Role
RQSA School Action Request Screen
In ATS option 12 ERI Request ELL Re-identification should be used if the principal’s recommendation
is to change the ELL status (request must be made within 45 school days of initial or reentry
determination). To access the screen, enter the student ID in the top right corner and enter 12 in the top
left corner and hit enter. If the principal’s recommendation is NOT to change the ELL status, then NO
action is necessary on this screen.
Figure 13: School Action Request Screen in ATS
On the RQSA screen, enter the date the parent requested the ELL Re-identification and a rationale for
the recommendation to change the ELL status. Press F6 to submit the request. Upon completion of this
screen, the principal must notify the superintendent (or designee) of the recommendation and send all
relevant documents for review and final decision.
Figure 14: Request ELL Re-Identification (RQSA) screen in ATS
Policy & Reference Guide August 2023 65
Superintendent’s (or Designee’s) Role
RQGA Action Requests
This screen will give a preview to the following:
Total of All ELL Re-identification requests
Total Pending ELL Re-identification requests
Total Completed ELL Re-identification requests
Total Rejected ELL Re-identification requests
Enter the appropriate corresponding letter (P Pending, C Completed, or R Rejected) to view those
students’ requests. Press F6 to submit the request. Unlike the principal’s procedure, the superintendent
must complete the process on this screen to capture the decision.
The screen below shows the example of two students that have a pending ELL Re-Identification Request
from the RQSA screen. The superintendent (or designee) must enter the District, DBN, and student ID
along with entering X next to the student row to begin the process for a student.
On the RQGA screen, the superintendent (or designee) can review the information the principal entered
from the RQSA Request ELL Re-identification screen. This is also where the final decision is entered (A
Approve or R Reject). A comment to document the rationale for the decision should be entered. Press
F6 to submit a decision.
Figure 15: Action Requests Response (RQGA) Screen in ATS
Policy & Reference Guide August 2023 66
Figure 16: ELL Re-Identification Screen in ATS
Policy & Reference Guide August 2023 67
Summary of the ELL Identification Process
Step 1: Determine if the enrolling student was in an NYS public school within the past 2 years.
If a student entering a NYC public school (grades K-12) has been enrolled in a NYS public school within
the previous 2 years, NYC public schools are required to obtain NYSITELL/NYSESLAT scores directly from
the sending NYS public school to allow the student to continue in the ELL status (and proficiency level) in
effect at the time of discharge from the NYS public school.
Enter reentry status into the ATS Transfer Student (TRAF) function.
Contact the previous school to obtain HL designation and previous copy of HLIS, ELL status, SIFE
status, prior service at NYS public school (ENL, TBE, DLBE), parent option at last NYS public
school, NYSITELL (or LAB-R score) and most recent NYSESLAT scores and grade 3-8 ELA exam or
ELA Regents exam scores if applicable.
Complete New York State Transfer ELL Data Request Form.
Send completed New York State Transfer ELL Data Request Form to
[email protected] to request assessment score updates in ATS.
Schools should update other relevant fields in ATS (Home Language, SIFE status, parent option)
Stop if the student was enrolled in an NYS public school within the past 2 years.
Proceed to the next step if the student is entering as a new student to NYS public schools or returning to
NYS public schools after more than 2 years.
Step 2: Parent completes Home Language Identification Survey (HLIS) with qualified personnel.
The HLIS is administered and the home language code is determined by qualified personnel (a licensed
and trained pedagogue).
Print the HLIS in the parent/guardian’s preferred language.
Enter HL Code into BIOU screen in ATS.
Update HLIS flag to “Y” on BIOU screen in ATS.
Stop if the student’s home language is English.
Proceed to the next step if the student’s home language is other than English.
Step 3: Determine eligibility for NYSITELL and administer NYSITELL to eligible students.
A Language Proficiency Team (LPT) should be convened to determine NYSITELL eligibility for incoming
students with an IEP. Otherwise, students without an IEP begin with the individual interview.
If the student should NOT take the NYSITELL, update the ELLO screen in ATS.
If the student should take the NYSITELL, administer the NYSITELL within the designated timeline.
To print student answer sheets, go to RLBA in ATS.
Stop if the student is not eligible to take the NYSITELL. Make sure to maintain all relevant
documentation in the student’s cumulative folder. See Retention of Records.
Policy & Reference Guide August 2023 68
Proceed to the next step once the NYSITELL has been administered.
Step 4: Send entitlement and non-entitlement letters to parent/guardian.
These letters notify parents/guardians whether their child is eligible for ELL services.
Print the parent notification letters in the parent/guardian’s preferred language.
Send the entitlement letter (after NYSITELL) for students who score below commanding and are
an ELL.
Send the non-entitlement letter (after NYSITELL) for students who score commanding and are
not an ELL.
Maintain copies of parent notifications in the student’s cumulative folder. See Retention of
Records.
Step 5: Administer Spanish LAB to newly identified ELLs whose home language is Spanish.
The Spanish LAB is administered once to newly identified ELLs:
whose home language is Spanish, regardless of whether the student is placed in a bilingual
program or not
AND do not attain “commanding level” on the NYSITELL.
To print student answer sheets, go to RSLA in ATS. For information and directions on administering and
printing the Spanish LAB, refer to the Spanish LAB Scanning Book.
Note: The Spanish LAB is not administered to students re-entering the DOE after two
years. The Spanish LAB is administered only once.
Step 6: Determine if ELL is a student with interrupted/inconsistent education (SIFE).
SIFE status must be determined within 30 school days of enrollment, but a student’s SIFE status can also
be modified within 12 months of enrollment. Results of the MLS (administered to students in grades 3-9
during the identification process) can indicate that a student is SIFE. However, note that the SIFE label
can still be applied to students in grades 10-12 if they were identified as SIFE and have not exited SIFE
status.
Enter SIFE status in the BNDC screen in ATS.
Step 7: Provide families of ELLs a parent orientation meeting.
At this parent orientation, which must be conducted by a trained pedagogue with interpretation services
available, parents are provided with information on the three ELL program types (Dual Language
Bilingual Education, Transitional Bilingual Education, and English as a New Language).
The student must be placed in the bilingual program if one is available. Parents complete the survey
indicating their agreement (or not) of the placement in the ELL program for their child. Maintain copies
of this agreement in the student’s cumulative folder. See Retention of Records.
Policy & Reference Guide August 2023 69
Note: If a bilingual program is not available, schools must open one if thresholds are
met. See Bilingual Program Protocols.
Step 8: The student is placed and programed in an ELL program.
Program all ELLs for the minimum number of minutes of English as a New Language. For students placed
in a bilingual program, program for ENL and bilingual classes.
Enter ENL programming and bilingual programming into STARS.
Stop. The ELL Identification Process is complete.
Proceed to the next step only if the ELL status is requested to be reviewed and considered for reversal
(due to possible misidentification).
Step 9: Administer the Re-Identification Process, as necessary.
A parent, student (age 18 or older), or teacher (with parent’s approval) may appeal the ELL status within
45 school days of initial or reentry determination.
Principals use the RQSA in ATS.
Superintendents use the RQGA in ATS. Follow procedures outlined in Step 9 of the ELL
identification process.
Stop if the student’s ELL status is not reversed.
Proceed to the next step if the student’s ELL status is reversed.
Step 10: Within 6 to 12 months, review the progress of the student whose ELL status was reversed.
The principal must review the Re-identification Process decision to ensure that the student’s academic
progress has not been adversely affected by the determination. The principal’s recommendation can be
to provide additional services or to reverse the ELL status back to its originally determined status.
Principals use the RQSA in ATS.
Superintendents use the RQGA in ATS.
Follow procedures outlined in Step 10 of the ELL identification process.
Policy & Reference Guide August 2023 70
ELL Identification for Current Pre-K Students Progressing to Kindergarten
Overview
Each April, schools can administer the Home Language Identification Survey (HLIS) in person to current
pre-K students enrolling in kindergarten. Beginning June 1, schools may also begin administering the
New York State Identification Test for English Language Learners (NYSITELL) to eligible pre-K students
enrolling in kindergarten. This expedites ELL identification processes for the upcoming school year and
planning for ELL services. Upon the start of the school year, schools must complete any remaining ELL
identification process steps within 10 school days (20 school days for students with an Individualized
Education Program).
Home Language Identification Survey (HLIS) Administration
Beginning in April, during the registration process, schools may administer the Home Language
Identification Survey (HLIS) to current pre-K students transitioning to kindergarten to determine their
home language (HL) code. Qualified personnel (licensed and trained pedagogue) must complete the HLIS
with the parent/guardian and ensure timely entry of this information into ATS. HL codes should only be
entered for students who have been properly and completely administered the HLIS. The HLIS and
translated versions are available on the Parent Notification InfoHub. The completed, signed and dated
HLIS must be saved in each students cumulative folder and remain a part of the student’s permanent
record.
Determination of NYSITELL Eligibility
For students whose home language is not English, the school must administer a more in-depth in-person
documented individual interview with the student and parent/guardian to determine the student’s
home language as per the procedures outlined in Step 3: Determine eligibility for NYSITELL and
administer NYSITELL to eligible students.
Note: If a student has an existing Individualized Education Program (IEP), a Language
Proficiency Team (LPT) must convene to determine NYSITELL eligibility. If the HLIS
determination is that a student's home language is other than English, and the student
does not have English-language development needs, the student will not appear on
the ELLO screen in ATS until after the ATS rollover in July. The ELLO screen can be
updated after this period, as per the procedures outlined in Documenting Non-
Eligibility to Take the NYSITELL - ELL Options (ELLO) Screen.
Policy & Reference Guide August 2023 71
Home Language Entry for Current Pre-K Students (before July ATS Rollover)
Schools should follow the instructions below for home language code entry in ATS for current pre-K
students transitioning to Kindergarten before ATS roll over:
1. Complete the HLIS in person with qualified personnel (licensed and trained pedagogue).
2. Maintain record of completed, signed, and dated HLIS in the student’s cumulative folder.
3. On the Update Biographical Information (BIOU) screen in ATS, enter HL code in the “HOME LANG”
field.
4. On the BIOU screen in ATS, update HLIS with “Y”. This step ensures that the record is not deleted
after ATS roll over and serves as confirmation that the HLIS was administered in person by qualified
personnel (licensed and trained pedagogue).
Home Language Entry for Students Progressing from Pre-K to K
During the pre-k enrollment period, pre-K students who are enrolling in kindergarten in the following
school year can be administered the HLIS to determine their HL codes. Once qualified personnel
(licensed and trained pedagogue) formally administers the HLIS in its entirety, the school should enter a
“Y” in the HLIS field on the Update Biographical Information (BIOU) screen in ATS.
The HL entry process for students articulating from pre-K to K may be utilized for students who meet the
following criteria:
1. Student’s grade level is pre-K
2. Student is active during pre-K enrollment period
During the pre-K enrollment period, pre-K students articulating into kindergarten can be administered
the HLIS to determine their HL codes. Please note the following changes to ATS’ BIOU screen during this
period:
1. The field label of SURVEY has been changed to HLIS
2. Both the HOME LANG field and HLIS field will blink yellow until
a. a valid HL code is entered for the student AND the HLIS field is updated to Y (Y indicates
that the school confirms it formally administered the HLIS in its entirety to determine the
home language of the student)
b. the last day of the PK enrollment period
3. Once a valid HL code is entered for HOME LANG and Y is entered for HLIS, then both fields will stop
blinking yellow and change to constant green
4. If a HL code other than English is entered, the ELL/LEP Flag will immediately change to reflect the
student’s ELL status
Policy & Reference Guide August 2023 72
5. As of June 2020, the HOME LANG field and HLIS field will not lock after one day and can be updated
beyond the previous one-day period for students transitioning from pre-K to kindergarten
a. Any changes made to HOME LANG or HLIS may affect the ELL/LEP Flag
b. In the event of a clerical error, contact your ML/ELL Director and/or ML/ELL Compliance
Performance Specialist.
6. If the HLIS field is not Y on the last day of the pre-K enrollment period, the HOME LANG field will
be blanked out and the HL code will need to be reentered in August.
Note: If students whose home language is not English are also determined to be
NYSITELL eligible through the combination of HLIS responses, mandated individual
interview with student and parent (and LPT if applicable), the NYSITELL may be
administered on or after June 1. However, these students will not appear on the ELLO
screen until the end of July.
Home Language Entry for Kindergarten Students (after ATS Rollover)
Schools should follow instructions below for home language code entry in ATS for active Kindergarten
students after ATS roll over:
1. Complete the HLIS in person with qualified personnel (licensed and trained pedagogue).
2. Maintain record of completed, signed, and dated HLIS in the student’s cumulative folder.
3. On the BIOU screen in ATS, enter HL into ATS.
4. On the BIOU screen in ATS, update HLIS with Y.” This step serves as confirmation that the HLIS
was administered in person by qualified personnel (licensed and trained pedagogue).
NYSITELL Administration
Students whose home language is other than English, and who have been determined to have English
language development needs should also be administered the New York State Identification Test for
English Language Learners (NYSITELL). This test must be administered in person and can be administered
to current pre-K students enrolling in kindergarten beginning June 1.
Schools should only print answer sheets for individual students they intend to administer the
exam to during this period.
Schools should immediately scan the answer sheets to avoid any complications.
Policy & Reference Guide August 2023 73
Parent Notifications
Schools must inform parents/guardians of the results of the NYSITELL, ELL status, and their right to seek
review of this determination. Schools should use the NYC DOE standard parent notification letters (in
the parents’ preferred language), which are available on the Multilingual Learner Parent Notification
Letters InfoHub.
Parent notification of entitlement/non-entitlement is generally required within 5 school days of ELL
determination. As a best practice, schools should send these letters as soon as possible after ELL
determination. Copies of dated and signed letters (and translations where applicable) must be retained
in the students cumulative folder.
Parent Orientation
Schools can invite parents/guardians to a parent orientation and collect parent option before the start
of the next school year. If the parent orientation is conducted, collect the ELL Parent Survey and
Program Agreement and record the program preference in ATS after ATS roll over.
Note: Parent Option can be entered in the ELPC screen after ATS roll over for active
kindergarten students. If a school holds a parent orientation before ATS roll over for a
current pre-K student transitioning to kindergarten, the school should enter the parent
option in ATS after ATS roll over.
Completion of the ELL Identification Process
Once the school year begins in September, the ELL identification timeline begins upon the first day of
school. Schools must resume and complete any outstanding steps of the ELL identification process
(Spanish LAB
10
if eligible, ELL Parent Survey and Program Agreement, parent option recorded in ATS, and
placement into ELL program, etc.) within 10 school days (20 school days for students with an
Individualized Education Program) as outlined in the Identification Process.
10
Schools are unable to administer the Spanish LAB to pre-K students progressing to kindergarten prior to the start of the
school year. Schools must administer the Spanish LAB to eligible students upon the start of the school year.
Policy & Reference Guide August 2023 74
Continuation of Services
Each spring, ELLs are tested to evaluate their English proficiency using the New York State English as a
Second Language Achievement Test (NYSESLAT). All students who are English language learners must
take the NYSESLAT (see NYSESLAT Administration Best Practices Overview). The NYSESLAT is designed to
measure the English language proficiency of students who have been identified as ELLs and to determine
their continued ELL status.
Continued Entitlement
Schools must send Continued Entitlement Letters (after NYSESLAT) to parents/guardians of students
who continue to be entitled to ELL services based on their latest NYSESLAT results.
Note: Letters should be sent to parents/guardians in their preferred language before
the beginning of the school year but no later than the first two weeks of the school
year in which the student continues to be entitled.
Schools that receive articulating ELLs should review student records to provide program continuity (for
example, middle schools with enough sixth-grade ELLs who come from grade five bilingual programs
must create a bilingual program to serve these incoming students).
Annual Meeting with Parents
Schools must individually meet with the parents or guardians of English language learners at least once a
year as required by CR Part 154 to discuss the goals of the ELL program, their child’s language
development progress, their child’s English language proficiency assessment results, and language
development needs in all content areas. This meeting is in addition to parent-teacher conferences, initial
parent orientations, quarterly progress meetings, or other scheduled meetings provided for parents or
guardians. Meetings should be scheduled at convenient times to facilitate attendance.
This additional meeting should include school staff necessary to sufficiently inform the
parents/guardians about the child’s language development in all content areas in English and the child’s
home language in the case of students enrolled in a bilingual education program. This meeting must be
conducted with a qualified interpreter/translator in the language or mode of communication the parent
or guardian best understands.
Schools must determine the manner and form of such individual parent meetings, in accordance with
collective bargaining agreements. Schools should record attendance using existing procedures. Schools
are encouraged to print and distribute the New York State Education Department’s Parent’s Guide to
the Next Generation Learning Standards and the Parents’ Bill of Rights for New York State English
Language Learners/Multilingual Learners.
Policy & Reference Guide August 2023 75
Exiting ELL Status (“Testing Out”)
Beginning in SY 2015-16, there are multiple ways for students to test commanding and be considered
former ELLs:
1. Score at “commanding/proficient” level on the NYSESLAT.
2. Score at expanding/advanced” level on the NYSESLAT and level 3 or 4 on the grades 3 to 8 NYS
ELA exams.
3. Score at “expanding/advanced” level on the NYSESLAT and 65 or above on the NYS ELA Regents
exam.
For options 2 and 3 above, the scores must be the result of test administrations that occur within the
same school year; the August Regents results may be used in conjunction with the previous school year’s
spring administration of the NYSESLAT (for example, Spring 2016 NYSESLAT results with August 2016
Regents results).
Students who test out and become former ELLs as a result of one of the above 3 options are entitled to
the following transition services for up to 2 years:
1. A half unit (90 minutes) of ENL or services that monitor and support the student’s language
development and academic progress, or
2. An option as outlined in the Alternative Pathways to Support Former ELLs and;
3. ELL Testing Accommodations
Schools must send exit/non-entitlement letters to parents/guardians of students who have exited ELL
status.
Note: Letters should be sent to parents/guardians in their preferred language before
the beginning of the school year but no later than the first two weeks of the school
year in which the student is no longer entitled.
Policy & Reference Guide August 2023 76
Alternative Pathways to Support Former ELLs’ Language Development and Academic
Progress
The following key changes are in effect as of Fall 2019:
“Option B: Individualized targeted Learning” will no longer be considered a valid alternative
pathway to serve former ELLs.
World Language (formerly Languages other than English (LOTE)) and Culture Advanced
Placement classes are no longer valid pathways for Option E.
Updated guidance on monitoring former ELL services; sample scenarios include progress-
monitoring methods across grade levels and content areas.
Background
As per Commissioner’s Regulation (CR) Part 154-2.3,
For at least two school years following the school year in which a student is exited from
English Language Learner status, as prescribed in section 154-2.3(m) of this Subpart, such
student shall receive at least one half of one unit of study or its equivalent of Integrated
English as a New Language in English Language Arts or another content area or such other
services that monitor and support the student’s language development and academic
progress, as shall be approved by the Commissioner to assist Former English Language
Learners once they have exited from an English as a New Language or Bilingual Education
program.
To ensure that the various academic and linguistic needs of former English Language Learners (ELLs) are
met, the New York City Department of Education (NYC DOE) developed alternative pathways and
methods of serving former ELLs instead of integrated English as a New Language (ENL) as prescribed in
CR Part 154. For more information on serving former ELLs, please see NYSED’s CR Part 154 Guidance on
Former ELLs.
For at least two school years following the school year in which a student is exited from ELL status, the
student must receive a minimum of 0.5 units of study (meaning 90 minutes per week) of integrated ENL
or other services that monitor and support the student’s language development and academic progress
at minimum the equivalent of the mandated 0.5 units of study (refer to CR Part 154). Therefore,
effective fall 2018, all former ELLs must be scheduled for one of the following options:
Option A: Small-group learning
Option B: Individualized targeted learning
(Updated Fall 2019) Option B is no longer considered a valid pathway
Option C: Project-based learning
Option D: A minimum of 90 minutes per week of integrated ENL
Option E: (High school only) scheduled for a non- World Language (formerly Language Other
Than English (LOTE))/and Culture Advanced Placement (AP) class
Policy & Reference Guide August 2023 77
(Updated Fall 2019) Option E has been updated to clarify that World language (formerly
Language Other Than English (LOTE)) AP classes are no longer a valid pathway
Former ELL services are developed by the teacher providing the service in conjunction with an ENL
teacher and approved by the principal. Services must be delivered during the school day and are not
considered supplemental; options provided outside the regular school day (as per bell schedule) will not
be considered as fulfilling the 90-minute per week mandate for former ELLs as outlined in CR Part 154.
These options must be delivered in a way that allows for ongoing monitoring and support for students’
language development and academic progress. Such services should be monitored by the teacher
providing the service in consultation with an ENL teacher to support the student’s language
development and academic progress. Examples are provided in the following sample scenarios that
accompany each alternative pathway option. Schools must keep summative assessment results in a
student’s cumulative folder. In addition, schools should maintain copies of all criteria used to determine
the change in a student’s ELL instructional services provided, including a copy of services provided for
two years following the exiting of ELL status.
The following models are explanations and descriptions of the implementation of the alternative
pathways at different grades levels.
Grades K to 5: Option A (Small Group Learning)
Rationale: Small-group support provides rich language use, collaboration, problem-solving, and targeted
content-based learning
Setting
Differentiated content area with ENL embedded support in a small group
Duration
A minimum of 90 minutes per week
Possible Activities
Guided/close reading
Guided writing
Word work/ vocabulary
Content area work
Centers
Inquiry group (for example, science)
Scenario
Chang exited ELL status at the end of first grade. Upon entering second grade, Chang’s screening results
indicated that Chang is not meeting normed sample benchmarks for meaning-based skills, specifically
Policy & Reference Guide August 2023 78
indicators pertaining to vocabulary. Subsequently, the teacher formatively assessed Chang using Fountas
and Pinnell; error analysis showed (and confirmed) that Chang was able to visually identify words and
syntactically acknowledge that the words sound right, but she needed extra support in cultivating
meaning of unknown words, which, in turn, was impeding the student’s ability to understand the text.
Chang’s general education teacher consulted with the ENL teacher, and they concluded that small group
learning twice a week (45 minutes each session) with “true peers” around vocabulary instruction
(meaning word study around Greek and Latin roots) may aid Chang in developing vocabulary and,
consequently, improve meaning-based skills within the content.
Chang’s teacher will progress monitor Chang’s performance, via formal/informal formative assessment
as well as a mid-year screening assessment, to gauge Chang’s skills and identify the next steps for
instruction.
Grades K to 5: Option B (Individualized Targeted Learning)
As of Fall 2019, Option B will no longer serve as an Alternative Pathway.
Grades K to 5: Option C (Project-Based Learning)
Rationale: Project-based learning offers authentic problem-solving, content, and language development
in collaborative settings.
Setting
Group-based
Real-world application
Content-Based interdisciplinary learning with ENL embedded support
Communicative, collaborative, and problem-solving group
Service-learning
Duration
Year-long but the equivalent of 90 minutes per week
Multiple units
Cycles
Semesters
Possible Activities
Blueprint/plans/outlines
Draft(s) and proposals
Journals
Daily/weekly logs
Policy & Reference Guide August 2023 79
Final product
Scenario
Christopher, a fifth-grade former ELL, is part of a group of students who were selected to research an
authentic problem of their choice. Collaboratively, the group saw a need to investigate their school’s
efforts at recycling. Subsequently, their year-long project tasks them to read, discuss, and write about
the multiple perspectives around recycling (via text, video, interviews, podcasts, etc.). In addition, they
are responsible to present an action plan or implications pertaining to their research.
As a result, using their research as a framework, they create a “Green Team” plan. Throughout the year,
they will monitor the efficacy of the plan at their school; moreover, they will have to submit every six-to-
eight weeks a benchmark assessment to gauge where they are throughout the process. The success of
the project in its first year leads to its continuation in the second year.
Grades K to 5: Option D (A minimum of 90 minutes per week of integrated ENL)
Rationale: The integrated ENL will provide targeted language instruction and content-area development
Setting
Classroom instruction
Small group instruction
Duration
A minimum of 90 minutes per week
Possible Activities
Integrated ENL instruction in a content area class (ELA, Math, Science, or Social Studies)
Lab period(s) with integrated ENL instruction
Scenario
Gloria became a former ELL at the end of fourth grade. Although Gloria has scored well on universal
screener benchmarks and formative assessments, Gloria’s science scores were still approaching grade
level. Since several students were in the same situation, the school decided to schedule them together
into a weekly 90-minute integrated ENL science lab.
During this time, the ENL teacher co-teaches with the science teacher to support not only Gloria but also
the other former MLs/ELLs in the classroom. This collaboration also gives time for the ENL and science
teacher to plan how to incorporate multiple texts, discourse, writing, and high-utility vocabulary words
throughout a science unit of study.
Policy & Reference Guide August 2023 80
Throughout the school year, Gloria’s science scores and language development progress are assessed.
And at the end of the school year, a recommendation is issued for next year’s ENL instructional model to
provide ENL instruction in Gloria’s second year as a former ELL.
Grades 6 to 8: Option A (Small Group Learning)
Rationale: Small-group support provides rich language use, collaboration, problem-solving, and targeted
content-based learning.
Setting
Differentiated content area with ENL embedded support in a small group
Duration
A minimum of 90 minutes per week
Possible Activities
Guided/close reading
Guided writing
Word work/ vocabulary
Content area work
Centers
Inquiry group (for example, science)
Scenario
Fatumata, Sita, and Juan are three former ELLs enrolled in a sixth-grade math class. Based upon
screening and diagnostic data, they are struggling with meaning-based skills within mathematics.
Consequently, with the ENL teacher’s guidance, the math teacher agrees to provide support for the
former ELLs by giving two periods a week of small-group math instruction with ELL methodologies. The
teacher embeds the language-based strategies within the content so that the students understand both
the language within the content as well as the content itself.
Formative measures (conference notes, exit slips) and screening measures are used to monitor progress.
At the end of sixth grade, the math teacher recommends similar supports in seventh grade due to their
continued academic growth.
Grades 6 to 8: Option B (Individualized Targeted Learning)
As of August 2019, Option B will no longer serve as an Alternative Pathway.
Grades 6 to 8: Option C (Project-Based Learning)
Policy & Reference Guide August 2023 81
Rationale: Project-based learning offers authentic problem-solving, content, and language development
in collaborative settings.
Setting
Group-based
Real-world application
Content-Based interdisciplinary learning with ENL embedded support
Communicative, collaborative, and problem-solving group
Service-learning
Duration
Year-long but the equivalent of 90 minutes per week
Multiple units
Cycles
Semesters
Possible Activities
Plans/outlines
Draft(s) and proposals
Journals
Daily/weekly logs
Final product
Scenario
There are five former ELLs in Mr. Johnson’s 7
th
grade math class. He assigns a project to his class and
consults with Ms. Quiñones, an ENL teacher, to develop specific language and content support for the
former ELLs who will be taught by Mr. Johnson. Together, Mr. Johnson and Ms. Quiñones select three
texts that will build students’ knowledge, and they examine the unit and the specific tasks of the project
to determine the language demands and objectives. Together, they select academic words to target and
build opportunities for oral discourse. They also jointly decide on writing assignments as an extension to
the project.
As part of the project, former ELLs write an essay that conveys a synthesis of the three texts they studied
as well as their experiences throughout the project. Both teachers read the students’ essays and
examine other students’ work to determine the next steps and follow-up activities.
In this scenario, the content teacher assigns the topic(s) based on the units of study, set time, content
expectations, benchmarks, and evaluation parameters. The ENL teacher, in collaboration with the
Policy & Reference Guide August 2023 82
content teacher, creates language objectives and supports Mr. Johnson in developing activities that
support students in building academic language as identified by the goals within the context of the class.
Grades 6 to 8: Option D (A minimum of 90 minutes per week of integrated ENL)
Rationale: The integrated ENL will provide targeted language instruction and content-area development.
Setting
Classroom instruction
Small group instruction
Duration
A minimum of 90 minutes per week
Possible Activities
Integrated ENL instruction in a content area class (ELA, Math, Science, or Social Studies)
Lab period(s) with integrated ENL instruction
Scenario
To welcome their incoming sixth graders, the instructional leadership team reviews the former ELLs’
data to select students who will take part in this year’s Academic Language Project which will build up
the students’ academic language for argumentation across the content areas through instruction that is
integrated with ENL.
The team is interested in immersing the former ELLs in a knowledge-building cycle with learning
opportunities centered on a set of academic language constructs featured in argumentative texts (for
example nominalization; connectives; and referential chains) across the content areas.
Formative measures (conference notes, exit slips) and screening measures are used to monitor progress.
At the end of sixth grade, both teachers will recommend supports in seventh grade based on their
assessed progress.
Policy & Reference Guide August 2023 83
Grades 9-12: Option A (Small Group Learning)
Rationale: Small-group support provides rich language use, collaboration, problem-solving, and targeted
content-based learning.
Setting
Differentiated content area with ENL embedded support in a small-group
Duration
A minimum of 90 minutes per week
Possible Activities
Guided/close reading
Writing workshop
Academic vocabulary
Content area work
Inquiry project
Scenario
To welcome their incoming ninth-graders, the instructional leadership team reviews the former ELLs’
data to select students who will take part in this year’s Academic Language Project which will build up
the students’ academic language across the content areas through instruction that is integrated with
ENL. This will provide these students with a unique opportunity to delve deeper into aspects of the
academic language in particular disciplines.
For example, in the ELA classroom, students are guided to learn how novelists use connectives to signal
a stance taken by a character; while in Social Studies, they learn how connectives are used in primary
sources such as presidential letters.
The ENL teacher plays a critical role in informing the sequence and design of these small-group learning
experiences.
To monitor progress, students complete interdisciplinary and disciplinary formative assessments
throughout the school year (for example culminating oral and written tasks). At the school year,
determinations on recommended supports in tenth grade will be based on each student’s assessed
progress across the disciplines.
Policy & Reference Guide August 2023 84
Grades 9 to 12: Option B (Individualized Targeted Learning)
As of August 2019, Option B will no longer serve as an Alternative Pathway.
Grades 9 to 12: Option C (Project-Based Learning)
Rationale: Project-based learning offers authentic problem-solving, content, and language development
in collaborative settings.
Setting
Group-based
Real-world application
Content-Based interdisciplinary learning with ENL embedded support
Communicative, collaborative, and problem-solving group
Service-learning
Duration
Year-long but the equivalent of 90 minutes per week
Multiple units
Cycles
Semesters
Possible Activities
Plans/outlines
Draft(s) and proposals
Journals
Daily/weekly logs
Scenario
Manish is in 10th grade and is enrolled in a science class where the focus is project-based learning. The
class is studying different aspects of the Jamaica Bay area and will answer questions such as: Why do
scientists study the ocean? Who and what lives in Jamaica Bay? And what threatens the health of our
bay?
The project will include exploring water quality, investigating life forms, studying different food webs
related to the bay, a visit to the local water treatment plant, and working with scientists in the field. The
ENL teacher plays a critical in informing the design of the language objectives to ensure the student’s
language development.
To demonstrate understanding, Manish produces learning logs and journals throughout the project. The
students’ final product will be to publish a book on their research (a writing portfolio). At the end of the
Policy & Reference Guide August 2023 85
year, both the ENL and science teacher confer to determine the ENL delivery model for Manish as he
enters his second year as a former ELL.
Grades 9 to 12: Option D (A minimum of 90 minutes per week of integrated ENL)
Rationale: The integrated ENL will provide targeted language instruction and content-area development.
Setting
Classroom instruction
Small group instruction
Duration
A minimum of 90 minutes per week
Possible Activities
Integrated ENL instruction in a content area class (ELA, Math, Science, or Social Studies)
Lab period(s) with integrated ENL instruction
Scenario
Jenny became a former ELL at the end of ninth grade. As a 10
th
grader, Jenny will begin a course on U.S.
History & Government.
To ensure Jenny will continue to receive the appropriate language development instruction, the ENL
teacher will provide integrated ENL support for the student in the U.S. History & Government class for
90 minutes a week. The ENL teacher works collaboratively with the Social Studies teacher in planning for
the language supports that will lead to Jenny’s success in the class.
Formative and summative assessments are collected and analyzed by both teachers throughout the
school year, which will inform their determination on Jenny’s ENL service model for the following school
year.
Policy & Reference Guide August 2023 86
Grades 9 to 12: Option E (Scheduled for one or more Advanced Placement courses)
Rationale: Students in non-World Language (formerly Language Other than English (LOTE)) and Culture
Advanced Placement (AP) courses are provided with a very high rigor of instruction (meaning AP Spanish
Language and Culture or AP Chinese Language and Culture are not permissible alternatives to integrated
ENL).
Setting
Classroom
Duration
A term or year
Possible Activities
The student attends a World Language and Culture Advanced Placement course with at least a
90% attendance record
Teacher of AP course reviews student’s grades and coursework to determine if the student
requires any additional literacy support
Scenario
A number of 10
th
grade former ELLs performed exceptionally well in their 9
th
grade biology class. A
recommendation was made for them to take AP Environmental Sciences as 10
th
graders.
The AP class will serve as their Alternative Pathway in their first year as former ELLs.
The AP Environmental Sciences teacher will consult with the ENL teacher on any language development
supports as informed by formative assessments collected throughout the students’ time in the class. At
the end of the year, determinations will be made on ENL service models for the following year.
Policy & Reference Guide August 2023 87
ML/ELL Programs
NYC public schools offers three types of ML/ELL programs:
Dual Language Bilingual Education (DLBE)
Transitional Bilingual Education (TBE)
English as a New Language (ENL, formerly known as ESL)
Overview
Though the goals for each program type vary to meet the diverse needs of students as well as honor parent
selection, there are some common elements. All three ML/ELL programs ensure that ELLs receive their full
complement of mandated units of ENL and subject area content in CR Part 154, align content instruction to
the NYS Next Generation Learning Standards, and apply best practices as outlined in the New York State
Blueprint for English Language Learner / Multilingual Learner Success.
Commonalities of ML/ELL Programs
Students are placed in one of the three ML/ELL programs based on parent selection. The initial parent
selection is recorded in the ELPC ATS screen based on the ELL Parent Survey and Program Agreement Form.
Parents should be discouraged from changing their selection as research shows that students who change
ML/ELL program model may not achieve at the same level as their peers who remain consistently in the same
ML/ELL model. However, parents may change their selection at any time by writing to the principal or
designee.
English as a New Language (ENL) is provided in all three models. Beginning in SY 2015-16, ELLs are required to
receive all or part of their ENL through an integrated model, which refers to a unit of study or its equivalent in
which students receive core content area (meaning, English language arts, math, science, or social studies) and
English language development instruction.
When planning for a strong ML/ELL team, it is important to consider the diverse expertise that teachers bring
to your school. Teachers with multiple NYSED certifications offer the school community additional flexibility to
meet student needs. To implement each program model, it is important to use the multiple human and fiscal
resources that can accelerate ELLs’ academic English language proficiency and content-area mastery.
For instance, each program model should tap into and enhance ELLs’ existing home language skills.
Programming that clusters cohorts of ELLs with the same home language background in subject area
classrooms allow students to access content by interacting with each other at varying levels of language
proficiencies. Teachers with groups of ELLs who have a common home language can organize collaborative
tasks that target content and generate interactions in the home language among peers. Tasks should be
enriched with academic English language development. In addition, home language resources (libraries, texts,
technology, primary resource materials, etc.) available in the classroom and the school’s library are additional
resources that can accelerate learning.
Policy & Reference Guide August 2023 88
Program Design Considerations
Home Language Arts (HLA) is a required component of bilingual programs as per CR Part 154. Schools without
a bilingual program are strongly encouraged to organize and offer home language arts (HLA) classes whenever
possible. The more literate students are in the home language, the stronger and more expedient their
transition to academic English proficiency. Even schools with ELLs served through ENL classes can group
students who share a common language for a home language arts class.
Schools may choose to extend their school day beyond the required hours with the help of community-based
organizations/non-profits and special grant opportunities; however, schools must deliver their mandated
instruction and services, including for English language learners and the recommended program and related
services for students with IEPs, during the regular mandated school day. For directions on programming ENL in
STARS, see the English Language Learners Wiki page.
Policy & Reference Guide August 2023 89
Bilingual Education Programs
Bilingual Education programs are research-based and comprised of (1) home language arts and English
language arts, (2) English as a new language (ENL), (3) and bilingual content area(s) (for example, math,
science, and social studies). The number of content areas taught in the home language can vary depending on
the model and proficiency level of the students; however, for students at the entering and emerging English
proficiency levels, a bilingual program must have at a minimum 2 core content areas taught bilingually. NYC
public schools offers two types of bilingual education programs: Dual Language Bilingual Education and
Transitional Bilingual Education.
In grades K to 6 only, certified bilingual common branch teachers are permitted to provide the ENL component
of a bilingual program under the following circumstances:
The teacher that holds the bilingual certification is teaching in a bilingual program; and
The teacher is providing ENL to the students in the bilingual classroom
Certified bilingual teachers are not permitted to provide ENL to students who are not in their bilingual
program.
Note: Schools interested in opening a new bilingual program or adjusting (reducing or
closing) an existing bilingual program require prior approval through an established process.
See Bilingual Program Protocols for more details.
Transitional Bilingual Education
Transitional bilingual education (TBE) programs are designed so that students develop conceptual skills in their
home language as they learn English. As students (all ELLs or former ELLs) develop English language skills, time
in the home language decreases. When ELLs exit ELL status, they exit to a monolingual class in English with
home language supports. Parents may also request that their child continues in a TBE program for up to two
years after testing out. Schools that offer this model must have a consistent plan for the use of each language
for instruction, and a supportive transition plan for students when they are transferred into the monolingual
English program, as required in CR Part 154.
See CR Part 154-2: TBE Units of Study and Staffing Requirements for more information on transitional bilingual
education programs and state requirements. Any adjustment (reducing or closing) of a bilingual program
requires prior approval through an established process. See Bilingual Program Protocols for more details.
For more information on Transitional Bilingual Education, please see Bilingual Program Descriptions.
Policy & Reference Guide August 2023 90
CR Part 154-2: TBE Units of Study and Staffing Requirements
The below charts have been adapted from CR Part 154-2 (K-8) Transitional Bilingual Education Program.
CR Part 1542: TBE Units of Study Requirements (Grades K to 8)
Figure 17: CR Part 154 TBE Unit of Study Requirements (Grades K to 8)7F
11
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
STAND-ALONE
ENL
(Language
Arts)
1 unit of
study in ENL
(180 min.)
.5 unit of study
in ENL (90 min.)
N/A
N/A
N/A
INTEGRATED
ENL/ELA
(Language
Arts)
1 unit of
study in
ENL/ELA
(180 min.)
1 unit of study
in ENL/ELA (180
min.)
.5 unit of study in
ENL/ELA (90 min)
1 unit of
study in
ENL/ELA or
other Core
Content Area
(180 min.)
N/A
FLEXIBILITY
(Language
Arts)
N/A
.5 unit of study
can be STAND-
ALONE ENL or
INTEGRATED
ENL/Core
Content Area
(90 min.)
.5 unit of study
can be STAND-
ALONE ENL or
INTEGRATED
ENL/Core Content
Area (90 min.)
N/A
.5 unit of study per
week of
INTEGRATED ENL
in ELA/Core
Content Area or
other approved
Former ELL
services for two
additional years8F
12
TOTAL ENL
(Language
Arts)
360
minutes per
week
360 minutes per
week
180 minutes per
week
180 minutes
per week
N/A
11
Source: Adapted from CR Part 154-2 (K-8) Transitional Bilingual Education Program (Updated as of May 6, 2015)
12
Other services that are approved by the NYS Commissioner that monitor and support the student’s language development and
academic progress. Content area shall mean ELA, Math, Science and Social Studies.
Policy & Reference Guide August 2023 91
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
HOME
LANGUAGE
ARTS (HLA)
1 HLA unit
of study
1 HLA unit of
study
1 HLA unit of
study
1 HLA unit of
study
N/A
BILINGUAL
CONTENT
AREA
SUBJECTS
Minimum of
2
Minimum of 2
Minimum of 1
Minimum of
1
N/A
The maximum allowable grade span for grouping instruction in grades K-12 English as a New Language or
Bilingual Education classes is two contiguous grades, except for English Language Learners in a Special
Education class, as defined by section 200.1(uu) of this Title. All programs must be provided during the school
day.
CR Part 154-2: TBE Staffing Requirements (Grades K-8)
Figure 18: CR Part 154 TBE Staffing Requirements (Grades K to 8)9F
13
INSTRUCTION
STAFFING/PERSONNEL
K-8 BILINGUAL
EDUCATION
PROGRAM
(K-6 Bilingual) Common Branch Teacher with a bilingual extension
(7-8 Bilingual) Content Area teacher with a bilingual extension [HLA must be
taught by a certified Language Other Than English (LOTE) teacher.]
K-8 ENGLISH AS A
NEW LANGUAGE
PROGRAM
(K-8 STAND-ALONE) ESOL certified teacher
(K-6 ENL)
Common Branch K-6 teachers with a bilingual extension can teach the ENL
component of a K-6 Bilingual Education program.
(7-8 ENL)
Integrated ENL can be taught by an ESOL teacher with Content Area
Certification or two individually certified teachers.
13
Source: Adapted from CR Part 154-2 (K-8) Transitional Bilingual Education Program (Updated as of May 6, 2015)
Policy & Reference Guide August 2023 92
CR Part 1542: TBE Units of Study Requirements (Grades 9 to 12)
Figure 19: CR Part 154 TBE Unit of Study Requirements (Grades 9 to 12)10F
14
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
STAND-ALONE
ENL
(Language
Arts)
1 unit of study in
ENL (180 min.)
.5 unit of study in
ENL (90 min.)
N/A
N/A
Former ELLs must
continue to receive
services for an
additional two
years.
INTEGRATED
ENL/ELA
(Language
Arts)
1 unit of study in
ENL/ELA (180
min.)
1 unit of study in
ENL/ELA (180
min.)
.5 unit of study in
ENL/ELA (90 min.)
1 unit of study in
ENL/ELA or other
Core Content
Area (180 min.)
N/A
FLEXIBILITY
(Language
Arts)
1 unit of study
can be STAND-
ALONE ENL
instruction or
INTEGRATED
ENL/Core Content
Area (180 min).
.5 unit of study
can be STAND-
ALONE ENL or
INTEGRATED
ENL/Core Content
Area (90 min.)
.5 unit of study can
be STAND-ALONE
ENL or INTEGRATED
ENL/Core Content
Area (90 min.)
N/A
.5 unit of study per
week of
INTEGRATED ENL in
ELA/Core Content
Area or other
approved Former
ELL services for two
additional years.11F
15
TOTAL ENL
(Language
Arts)
540 minutes per
week
360 minutes per
week
180 minutes per
week
180 minutes per
week
N/A
HOME
LANGUAGE
ARTS (HLA)
1 HLA unit of
study
1 HLA unit of
study
1 HLA unit of study
1 HLA unit of
study
N/A
BILINGUAL
CONTENT
AREA
SUBJECTS
Minimum of 2
Minimum of 2
Minimum of 1
Minimum of 1
N/A
AWARDING
CREDITS
STAND-ALONE
ENL
INTEGRATED ENL
HOME LANGUAGE
ARTS
BILINGUAL
CONTENT AREA
14
Source: CR Part 154-2 (9-12) Transitional Bilingual Education Program (Updated as of May 6, 2015)
15
Other services that are approved by the NYS Commissioner that monitor and support the student’s language development and
academic progress. Content area shall mean ELA, Math, Science and Social Studies.
Policy & Reference Guide August 2023 93
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
Elective credit is
awarded upon
passing each
corresponding
STAND-ALONE
ENL unit of study.
Core Content area
credit is awarded
upon passing each
corresponding ENL
unit of study in
ELA, Math,
Science, or Social
Studies
Language Other
than English (LOTE)
credit is awarded
upon passing each
corresponding HLA
unit of study
Core content
area credit is
awarded upon
passing each
corresponding
Bilingual Content
Area subject
The maximum allowable grade span for grouping instruction in grades K-12 English as a New Language or
Bilingual Education classes is two contiguous grades, except for English Language Learners in a Special
Education class, as defined by section 200.1(uu) of this Title. All programs must be provided during the school
day.
CR Part 154-2: TBE Staffing Requirements (Grades 9-12)
Figure 20: CR Part 154 TBE Staffing Requirements (Grades 9 to 12)12F
16
16
Source: CR Part 154-2 (9-12) Transitional Bilingual Education Program (Updated as of May 6, 2015)
INSTRUCTION
STAFFING/PERSONNEL
BILINGUAL
EDUCATION
PROGRAM
(9-12) Bilingual Content area teacher with a bilingual extension. [HLA must be
taught by a certified Language Other than English (LOTE) teacher.]
ENGLISH AS A NEW
LANGUAGE PROGRAM
(9-12) Stand-alone ESOL certified teacher
(9-12) Integrated ENL can be taught by an ESOL teacher with Content Area
certification or two individually certified teachers.
Policy & Reference Guide August 2023 94
Dual Language Bilingual Education
Dual language bilingual education programs are designed to continue developing students’ home languages,
as well as English language skills, throughout schooling. In addition, English-proficient students are given the
opportunity to learn a new language. Dual language bilingual education programs serve both ELLs in need of
English language development and English-proficient students who are interested in learning another
language. Both groups provide good linguistic role models for each other and, through their interactions,
support language development in both languages. Students in a dual language bilingual education program
should remain in the program during their tenure in NYC public schools. Therefore, even after the student
reaches the commanding level on the NYSESLAT (former ELL status), the student should continue to remain in
the dual language bilingual education program.
See CR Part 154-2: TBE Units of Study and Staffing Requirements which also apply to dual language bilingual
education programs. Any adjustment (reducing or closing) of a bilingual program requires prior approval
through an established process. See Bilingual Program Protocols for more details.
For more information on Dual Language Bilingual Education please see Bilingual Program Descriptions.
Policy & Reference Guide August 2023 95
Bilingual Education Programs: Opening and Adjustment Protocols
Please refer to the Bilingual Education Program Opening and Adjustment Protocols on the Policy & Reference
Guide InfoHub for fillable versions of these forms:
Opening New Bilingual Program (TBE/DLBE) Request Form
Bilingual Program (TBE/DLBE) Adjustment Request Form
To submit a request to adjust an existing bilingual program, principals must follow the protocol below. If you
do not have a designated ML/ELL Director, reach out to your ML/ELL Compliance Performance Specialist for
support.
Policy & Reference Guide August 2023 96
English as a New Language
English as a New Language (ENL) programs provide instruction in English with home language support,
emphasizing English language development. Students in ENL programs can come from many different
language backgrounds, and English may be the only common language among the students.
Note: All schools must have an ENL program at a minimum.
As per CR Part 154, there are two types of ENL: stand-alone ENL and integrated ENL.
Stand-alone ENL
Students receive English language development instruction taught by a New York State certified ESOL
teacher to acquire the English language needed for success in core content areas (English Language Arts,
Social Studies, Science, and/or Mathematics).
Stand-alone ENL should not be implemented via a push-in model in a content area class as it is a
separate time devoted to English language development. The required amount of stand-alone ENL
instruction depends on the grade/English proficiency level of each student.
Integrated ENL
Students receive core content area areas (English Language Arts, Social Studies, Science, and/or
Mathematics) and English language development instruction including home language supports and
appropriate ELL scaffolds.
Integrated ENL along with a subject area taught are dependent upon the student’s proficiency level. In
grades K to 8, at the entering, emerging, and transitioning levels, integrated ENL with ELA is provided; at
the expanding level, the integrated ENL is with any content area that best meets the needs of the
student. In grades 9 to 12, at the entering and emerging levels, integrated ENL with ELA is provided; at
the transitioning and expanding levels, the integrated ENL is with any content area that best meets the
need of the student. See CR Part 154: ENL Units of Study and Staffing Requirements for the number of
units of ENL for ELLs at different levels of proficiencies and grades.
For more information, please see Guidance on Implementation of ENL Units of Study.
Guidance for ENL Programming
To maximize funding and academic achievement for ELLs, schools must program all ELLs for services.
Schools should program each current and former ELL according to the type of (ENL) services that the
student receives. Please note some students may receive services through multiple ENL models (for
example Stand-alone ENL and Integrated ENL).
Policy & Reference Guide August 2023 97
As a reminder, elementary schools must program students in STARS Classroom. Middle schools and high
schools must program students in STARS Admin. For detailed instructions on programming students who
receive ENL, see the English Language Learners STARS wiki page.
For information on using STARS to program students for ENL and manage bilingual programs, contact
your Academic Policy, Performance and Assessment Specialist.
Policy & Reference Guide August 2023 98
Guidance on Implementation of ENL Units of Study
Updated August 2020
To assist school leaders in the implementation of the mandated English as a New Language (ENL) units
of study in either the Stand-alone or Integrated ENL model, the NYCDOE is providing the following
guidance.
In 2015, The New York State Education Department revised Commissioner’s Regulations Part 154 (CR
Part 154). CR Part 154 states that an English as a New Language program shall mean a research-based
program comprised of two components: a content area instructional component in English (including all
core content, meaning English language arts, math, science, or social studies) with home language
supports and appropriate scaffolds13F
17
, and an English language development component (Stand-alone
and/or Integrated English as a New Language).
Note: NYCDOE is in the process of updating all documents that reference the provision
of ENL services to no longer refer to a “push-in” or “pull-out” delivery model. Future
documents will reference Stand-alone or Integrated ENL only.
NYSED Definition14F
18
Stand-alone ENL: Students receive English language development instruction to acquire the English
language needed for success in core content areas.
Integrated ENL: Students receive core content area and English language development instruction
including home language supports and appropriate ML/ELL scaffolds.
17
See Blueprint for English Language Learner/Multilingual Learner Success.
18
See Glossary: Bilingual Education/English as a New Language Units of Study Tables.
Policy & Reference Guide August 2023 99
Instructional Goals
Stand-alone ENL: The primary instructional goal of the Stand-alone component is language
development. However, language development is never in isolation of content. The Stand-alone
component is aligned to the grade-level content and standards. ESOL teachers as a result of their
common meetings are selecting content based on the instruction that is taking place during content-
area instruction and selecting key texts with rich language and content that leverages the overarching
instructional goals of a unit of study. The New Language Arts Progressions (NLAP) provide a framework
for teachers to ensure that students in English as a New Language and Bilingual Education programs are
meeting the standards15F
19
. ESOL teachers should consistently link to the content area(s) that most benefit
their students (for example ELA, social studies) or leverage thematic units that have cross-content entry
points.
Integrated ENL: The instructional goal of the Integrated ENL is two-fold since it is taking place during
dedicated time for content area learning. Therefore, instructional goals are specific to the content area
and language development. Whether the Integrated ENL is a co-teaching model or instructed by a dually
certified teacher (ESOL and common branch/content area), there should be evidence of specific
instructional goals that support language development. Content and language objectives are designed to
make this explicit for MLs/ELLs. The language objective is carefully determined by examining the
linguistic demands of the content (for example access text, express knowledge orally or in writing).
Determining the objective(s) is when the expertise of both teachers is needed to capture what language
students need to acquire grade-level content knowledge.
Teacher Certification
Stand-alone ENL
Stand-alone ENL is taught by a NYS-certified English to Speakers of Other Languages (ESOL)
teacher (or Common Branch K-6 teachers with a bilingual extension can teach the ENL
component in a K-6 Bilingual Education Program).
Integrated ENL
Integrated ENL instruction must be carried out either by a co-teaching approach with a NYS
certified ESOL teacher who teaches with the content area teacher or by an ESOL certified teacher
who is dually certified in another content area being taught.
19
See NYSED’s Guidance for MLs and the Next Generation English Language Arts Learning Standards.
Policy & Reference Guide August 2023 100
Dually-certified ESOL and Core Content Area Teachers (includes ELA, Math, Science, Social Studies,
Common Branches, and Early Childhood)
Can provide integrated ENL instruction to ELLs and former ELLs in classrooms serving ELLs,
former ELLs, and non-ELLs, such instruction would meet the mandated integrated ENL in a core
content area without an additional co-teacher
Can provide Stand-alone ENL to ELLs
The provision of Integrated ENL and Stand-alone ENL (when applicable) must be reflected in
schedules and delivery of instruction
Dually-certified ESOL and Non-Core Content Area Teachers (for example Music, Arts, Physical
Education)
Can provide integrated ENL instruction to ELLs and former ELLs in classrooms serving ELLs,
former ELLs, and non-ELLs, such instruction would go above and beyond the mandated
integrated ENL in a core content area without an additional co-teacher
Can provide integrated ENL instruction to ELLs and former ELLs in classrooms serving ELLs,
former ELLs, and non-ELLs, such instruction would meet the mandated integrated ENL in a core
content area with an additional co-teacher certified in a core content area
Can provide Stand-alone ENL to ELLs
The provision of Integrated ENL and Stand-alone ENL (when applicable) must be reflected in
student schedules and delivery of instruction
Dually-certified Students with Disabilities (SWD), Common Branch, or Early Childhood with a Bilingual
Extension
Can provide ENL as a component of a bilingual education setting only to students enrolled in the
bilingual education program
Dually-certified ESOL and SWD Teachers
Are not permitted to provide ENL services if teaching in a special education setting, as ENL is
considered a general education service, not a special education service
ESOL-only Certified Teachers
Can provide Stand-alone ENL to ELLs
Can co-teach with a content area, Common Branch, Early Childhood, or SWD teacher to provide
Integrated ENL
Note: Per NYSED’s guidelines for incidental teaching, teachers may teach up to 10
classroom hours a week (approximately 10 periods) outside of their certification area
for SY 2023-24, when no certified teacher is available after extensive and documented
recruitment.
Policy & Reference Guide August 2023 101
Additionally, under a special MOA between the NYC DOE and the United Federation of
Teachers, teachers who hold a valid NYC teacher license and who hold NY State valid
teacher certification in Teaching Special Education/Students with Disabilities, English
as a Second Language or in a valid State bilingual extension, may change to the
corresponding Special Education, ESL or bilingual license with special terms, including
a reduced probationary period in the new license. For additional information, please
refer to the License Change Application to A Special Education/Students with
Disabilities, Bilingual or ESL NYC License or contact your HR director.
Common Planning
Stand-alone ENL
It is essential that the certified ESOL teacher(s)
have opportunities to meet with common
branch and/or content area teachers. Attending
established meetings (for example grade team)
with common branch and/or content area
teachers ensures that ESOL teachers can plan
lessons/units that build language and literacy
within content areas aligned to the New York
State Next Generation Learning Standards.
While it is not expected that the teachers will
co-plan lessons since the Stand-alone is taught
by the ESOL teacher alone, she/he should have
full access to the grade-level curriculum
materials to align and tailor Stand-alone
instruction to support MLs/ELLs to acquire the
language needed in core content areas.
Integrated ENL
It is essential that the certified ESOL teacher(s)
and common branch and/or content area
teachers have designated time for common
planning so they can co-plan at the unit and
lesson level to ensure that the needs of the
MLs/ELLs are met. Together they are deciding
which model of co-teaching to employ during
the lesson and how to capitalize on the
expertise that both teachers bring to the
classroom. ESOL teachers are taking into
consideration the linguistic demands of the
content so that MLs/ELLs can achieve the grade-
level standards. They are planning purposeful
scaffolds within the lessons (for example
chunking texts, supplemental questions for
close reading) and anticipating potential in the
moment scaffolds, for example, pausing for
MLs/ELLs to use their home language to jot
down ideas/speak to a peer before entering into
a classroom discussion or identifying additional
texts that are not already part of the text set to
build (background) knowledge.
For more information on supporting co-teaching
in the Integrated ENL component in
mathematics, refer to Supporting Academic
language and Content in Mathematics: The
Integrated Co-teaching Model.
Policy & Reference Guide August 2023 102
Research-based Instructional Approaches for Stand-alone ENL and Integrated ENL
It is essential that all students, especially MLs/ELLs, are in school communities/classrooms that provide a
culturally responsive and sustaining education. The NYSED’s Culturally Responsive and Sustaining
Education Framework delineates four principles, and three must be addressed in Stand-alone and
Integrated ENL classrooms. They are Welcoming and Affirming Environment, High Expectations and
Rigorous Instruction, and Inclusive Curriculum and Assessment. Adhering to these principles creates the
conditions for MLs/ELLs to engage in learning. Also, MLs/ELLs must have opportunities to acquire
advanced literacy skills so they are equally prepared to engage in standards-based instruction that is
called for in the New York State Next Generation Learning Standards.
Research-based instructional approaches must be age and grade-appropriate. The research on MLs/ELLs
states that learners can acquire both the everyday and academic language simultaneously, leverage
their home language as a vital support, and benefit from the strategic use of scaffolds in both the Stand-
alone and Integrated ENL components. NYSED’s Guidance for MLs and the Next Generation English
Language Arts Learning Standards demonstrate the trajectory of language learning and teaching in both
the home and new language. ESOL certified and content area teachers, especially those who are paired
for Integrated ENL, must be afforded professional learning on both the co-teaching models and these
research-based approaches.
Location
Stand-alone ENL
Per New York State Guidelines:
Stand-alone ENL should not be implemented via
a push-in model in a content area class as it is a
separate time devoted to English language
development. The required amount of stand-
alone ENL instruction depends on the English
proficiency level of each student.
Integrated ENL
For Grades K 5, Integrated ENL is carried out
either in the co-teaching approach or by a dually
certified teacher in the MLs/ELLs’ classroom. If
carried out in the co-teaching approach, the
ESOL certified teacher joins the common branch
teacher to jointly deliver instruction as per the
recommended co-teaching model.
For Grades 6 12, similar to the Stand-alone
component, the Integrated ENL is programmed
into the students’ schedule as all other
departmentalized subject courses.
Policy & Reference Guide August 2023 103
Unit of Study
Stand-alone ENL
All students in stand-alone ENL are current
MLs/ELLs.
The number of minutes and type of minutes
required differs by the proficiency level and
grade of the student. Students might have a
minimum mandated unit of study (180 minutes
a week) of stand-alone ENL and/or minimum
number of flexible ENL minutes that can be
programmed as either additional stand-alone or
integrated ENL.
Entering: For Grades K-8, one full unit of stand-
alone ENL (180 minutes). For grades 9-12, at
least one full unit of stand-alone ENL, in addition
to one flexible unit of study (180-360 minutes).
Emerging: For Grades K-12, at least 0.5 units of
stand-alone ENL with 0.5 flexible units of study
(90-180 minutes).
Transitioning: For Grades K-12, up to 0.5 units
of stand-alone ENL for their flexible unit of study
(0-90 minutes).
Expanding and Commanding: MLs/ELLs at the
Expanding level or former MLs/ELLs at the
Commanding level, should not be programmed
for stand-alone ENL (0 minutes).
Integrated ENL
When the integrated ENL class is programmed,
there is flexibility to include all proficiency levels
and a combination of MLs/ELLs and former
MLs/ELLs.
The number of minutes and type of minutes
required differs by the proficiency level and
grade of the student. Students might have a
minimum mandated unit of study (180 minutes
a week) of integrated ENL and/or minimum
number of flexible ENL minutes that can be
programmed as either stand-alone or additional
integrated ENL.
Entering: For Grades K-8, one full unit of
integrated ENL (180 minutes). For grades 9-12,
at least one full unit of integrated ENL, in
addition to one flexible unit of study (180-360).
Emerging: For Grades K-12, at least one unit of
integrated ENL with 0.5 flexible units of study
(180-270 minutes).
Transitioning: For Grades K-12, at least 0.5 units
of integrated ENL, with 0.5 flexible units of study
(90-180 minutes).
Expanding: One unit of integrated ENL (180
minutes).
Commanding: For the two school years after
exiting, former MLs/ELLs should receive 0.5
units of integrated ENL or an equivalent,
approved alternate pathway (90 minutes).
See Units of Study Tables for English as a New Language (ENL) and Bilingual Education Programs.
Policy & Reference Guide August 2023 104
CR Part 154: ENL Units of Study and Staffing Requirements
The below charts have been adapted from CR Part 154-2 ENL Units of Study and Staffing Requirements (Grades K
to 8).
CR Part 1542: ENL Units of Study Requirements (Grades K to 8)
All ENL classes, including Integrated and Stand-alone, offer home language support.
Figure 21: CR Part 154 ENL Unit of Study Requirements (Grades K to 8)16F
20
INSTRUCTION
ENTERING
(Beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
ENL
INSTRUCTIONAL
TIME (MINIMUM)
2 units of
study per
week (360
min.)
2 units of study per
week (360 min.)
1 unit of study per
week (180 min)
1 unit of study
per week (180
min)
Former ELLs must
continue to receive
services for an additional
two years
STAND-ALONE ENL
1 unit of study
in ENL (180
min.)
.5 unit of study in
ENL (90 min.)
N/A
N/A
N/A
INTEGRATED ENL
1 unit of study
in ENL/ELA
(180 min.)
1 unit of study in
ENL/ELA (180 min.)
.5 unit of study in
ENL/ELA (90 min.)
1 unit of study in
ENL/ELA or other
Core Content
Area (180 min.)
N/A
FLEXIBILITY
N/A
.5 unit of study can
be STAND-ALONE
ENL or INTEGRATED
ENL/Core Content
Area (90 min.)
.5 unit of study can be
STAND-ALONE ENL or
INTEGRATED ENL/Core
Content Area (90 min.)
N/A
.5 unit of study per week
of INTEGRATED ENL in
ELA/Core Content Area,
or other approved
Former ELL services for
two additional years17F
21
18F
TOTAL
360 minutes
per week
360 minutes per
week
180 minutes per week
180 minutes per
week
N/A
The maximum allowable grade span for grouping instruction in grades K-12 English as a New Language or Bilingual Education
classes is two contiguous grades, except for English Language Learners in a Special Education class, as defined by section
200.1(uu) of this Title. All programs must be provided during the school day.
20
Source: CR Part 154-2 (K-8) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).
21
Other services that are approved by the NYS commissioner that monitor and support the student’s language development
and academic progress. Core content area shall mean ELA, Math, Science and Social Studies. One unit of study = 180 minutes
of instruction per week per year.
Policy & Reference Guide August 2023 105
CR Part 154-2: ENL Staffing Requirements (K to 8)
Figure 22: CR Part 154 ENL Staffing Requirements (Grades K to 8)19F
22
INSTRUCTION
STAFFING/PERSONNEL
STAND-ALONE ENL
K-12 Certified ESOL Teacher
INTEGRATED ENL 1 DUALLY
CERTIFIED TEACHER
ESOL and Common Branch (K-6) or Content Area (7-8) teacher
who holds both certifications
INTEGRATED ENL- 2 INDIVIDUALLY
CERTIFIED TEACHERS (CO-
TEACHING)
A certified ESOL teacher and a K-6 elementary school teacher
A certified ESOL teacher and a 7-8 certified content area teacher
(ELA, Math, Science, Social Studies)
22
Source: CR Part 154-2 (K-8) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).
Policy & Reference Guide August 2023 106
CR Part 1542: ENL Units of Study Requirements (Grades 9 to 12)
All ENL classes, including Integrated and Stand-alone, offer home language support.
Figure 23: CR Part 154 ENL Units of Study Requirements (Grades 9 to 12)20F
23
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
ENL
INSTRUCTIONAL
TIME
(MINIMUM)
3 units of study
per week (540
min.)
2 units of study
per week (360
min.)
1 unit of study per
week (180 min.)
1 unit of
study per
week (180
min.)
Former ELLs must
continue to receive
services for an
additional two years
STAND-ALONE
ENL
1 unit of study in
ENL (180 min.)
.5 unit of study in
ENL (90 min.)
N/A
N/A
N/A
INTEGRATED ENL
1 unit of study in
ENL/ELA (180
min.)
1 unit of study in
ENL/ELA (180 min.)
.5 unit of study in
ENL/Core Content
Area (90 min.)
1 unit of
study in
ENL/Core
Content Area
(180 min.)
N/A
FLEXIBILITY
1 unit of study
can be STAND-
ALONE ENL
instruction or
INTEGRATED ENL
in Core Content
Area (180 min.)
.5 unit of study can
be STAND-ALONE
ENL or
INTEGRATED ENL
in Core Content
Area (90 min.)
.5 unit of study can
be STAND-ALONE
ENL or
INTEGRATED ENL in
Core Content Area
(90 min.)
N/A
.5 unit of study per
week of
INTEGRATED ENL in
ELA/Core Content
Area, or other
approved Former
ELL services for two
additional years21F
24
TOTAL
540 minutes per
week
360 minutes per
week
180 minutes per
week
180 minutes
per week
N/A
AWARDING
CREDITS
STAND-ALONE
ENL
Elective credit is
awarded upon
passing each
corresponding
INTEGRATED ENL
Core Content Area
credit is awarded
upon passing each
corresponding ENL
unit of study in
23
Source: CR Part 154-2 (9-12) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).
24
Other services that are approved by the NYS commissioner that monitor and support the student’s language development
and academic progress. Core content area shall mean ELA, Math, Science and Social Studies. One unit of study = 180 minutes
of instruction per week per year.
Policy & Reference Guide August 2023 107
INSTRUCTION
ENTERING
(beginning)
EMERGING
(Low
Intermediate)
TRANSITIONING
(Intermediate)
EXPANDING
(Advanced)
COMMANDING
(Proficient)
STAND-ALONE
ENL unit of study
ELA, Math,
Science, or Social
Studies
The maximum allowable grade span for grouping instruction in grades K-12 English as a New Language or Bilingual Education
classes is two contiguous grades, except for English Language Learners in a Special Education class, as defined by section
200.1(uu) of this Title. All programs must be provided during the school day.
CR Part 1542: ENL Staffing Requirements (Grades 9 to 12)
Figure 24: CR Part 154 ENL Staffing Requirements (Grades 9 to 12)22F
25
INSTRUCTION
STAFFING/PERSONNEL
Stand-alone ENL
K-12 Certified ESOL Teacher
Integrated ENL - 1 dually certified
teacher
ESOL or Content Area (7-12) teacher who holds both
certifications
Integrated ENL - 2 Individually
Certified Teachers (Co-Teaching)
A certified ESOL teacher and a 7-12 certified Content Area
Teacher
25
Source: CR Part 154-2 (9-12) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).
Policy & Reference Guide August 2023 108
Required ELL Data Recording and Reporting
To meet federal, state, and local reporting requirements, schools must report on ELL identification,
services, and parent selection. As a result, NYC DOE has created a number of mechanisms to capture
required data. As the leader of their schools, principals should verify all data entered to ensure accuracy.
In the event of a clerical error, schools should correct the data immediately. For further questions on
data entry and addressing clerical errors, contact your ML/ELL Director and/or ML/ELL Compliance
Performance Specialist.
Note: Charter schools may have additional or different reporting requirements.
Charter schools should submit a ticket at charterschools.mojohelpdesk.com if you
have questions about your particular reporting requirements.
ATS: ELL/LEP Flag Indicators
The NYC DOE utilizes a number of ELL/LEP flag indicators (in ATS and other data repositories) to indicate
ELL status. For, information on discontinued codes and further information see the ATS Wiki. A list of the
ELL/LEP code, corresponding ELL status, and definition is included below.
ELL/LEP Code: E
ELL Status: Potential ELL
Definition: This student may be eligible for NYSITELL testing. This student may be an ELL and must be
served.
ELL/LEP Code: P
ELL Status: Former ELL
Definition: This student was previously identified as an ELL but tested out as per the NYSESLAT or other
ELL exit criteria. This student may continue to be eligible for ELL testing accommodations and 90 minutes
per week of ENL (former ELLs up to 2 years after testing out are eligible for ELL testing accommodations
and 90 minutes of ENL) or another alternative support as outlined in Alternative Pathways to Support
Former English Language Learners’ Language Development and Academic Progress.
ELL/LEP Code: R
ELL Status: Never an ELL
Definition: This student is not an ELL and was never an ELL as a result of scoring proficient on the
NYSITELL or LAB-R (before 2014).
Policy & Reference Guide August 2023 109
ELL/LEP Code: Y
ELL Status: ELL
Definition: This student is an ELL as a result of scoring below Commanding on a NYSED ELL exam
(NYSITELL/NYSESLAT).
ELL/LEP Code: NULL (Blank)
ELL Status: Never an ELL
Definition: A student who was never evaluated for ELL Identification either because of a home language
of English or results of an individual interview. Additionally, a student’s status might be changed via the
Re-Identification process and submitted via the ATS ERI screen.
Policy & Reference Guide August 2023 110
ATS: ELL Parent Choice Update Screen (ELPC)
The initial parent selection is recorded in the ELL Parent Choice Update screen (ELPC) in ATS. After the
initial parent selection is documented in ELPC, parents may change their selection at any time by writing
to the principal or designee.
All subsequent changes to parent selection, after the capture of initial parent selection, can be made on
the BNDC screen. The ELL Parent Survey and Program Agreement Form must be completed and placed
in the student’s cumulative folder (along with any subsequent written consent to change ELL program
selection).
NYC DOE monitors the implementation of the required ELL program parent selection process. The ELPC
screen was created in ATS for schools to record the initial ELL program parent selection for all new
admits who are identified as ELLs. This function lists students admitted within the current school year
whose ELL/LEP Flag is either "Y" or "E." For students who are administered the NYSITELL and identified
as ELLs, the school needs to enter whether the parent was provided a parent orientation explaining the
three ELL programs offered in New York City and the parent’s initial choice of program. This screen must
be completed for each newly identified ELL.
Schools have 10 school days from initial enrollment to identify ELLs (20 school days for students entering
with IEPs), to administer the Spanish LAB when appropriate, to conduct the parent orientation, and to
place the student in the ELL program that was selected by the parent/guardian. Schools have an
additional 10 school days to complete the ELPC screen. Since only ELLs must have a parent selection and
ELL status is determined by a valid NYSITELL score, any parent selection provided without the supported
assessment data will be considered out of compliance.
Note: Any student who was admitted over a year ago will not appear on the ELPC
screen. Enter the parent option for these students on the BNDC screen.
Figure 25: ELPC Screen in ATS
Policy & Reference Guide August 2023 111
There are two data points that need to be entered on the ELPC screen:
1. Was the parent provided an orientation explaining the three ELL programs offered in NYC? (Y, O,
I, N)
Y=Parent was provided an orientation
N=Parent was NOT provided an orientation
O=Offered, but the parent did not come to parent orientation
I=Offered at IEP meeting
2. What was the parent selection of ELL programs? (E, B, D, N)
E=English as a New Language (ENL)
B=Transitional Bilingual Education (TBE)
D=Dual Language Bilingual Education (DLBE)
N=Parent did not return survey (denotes a bilingual program by default)
For additional information, refer to the ELPC Wiki page.
Policy & Reference Guide August 2023 112
ATS: BNDC for SIFE Determination and Paraprofessional Services
The BNDC screen serves three functions:
1. Determination of SIFE status
2. Number of paraprofessionals working under ENL and/or bilingual teachers
3. Reflect subsequent changes to parent selection. Initial parent selection of the ELL program is
entered in the ELPC screen (see Step 7: Parent Agreement and Program Placement)
After schools determine SIFE status, the decision is entered into the BNDC screen. For more information
on SIFE and determination criteria, see Step 6: Identification of Students with Interrupted/Inconsistent
Formal Education.
Schools must also enter the number of paraprofessionals who are working under the direct supervision
of a licensed ENL or bilingual teacher for academic purposes (linguistic and/or content area). Record
paraprofessionals regardless of whether they are mandated as part of a student’s Section 504 Plan (for
academic purposes), or Individualized Education Program (IEP). Note that for students with IEPs,
paraprofessionals may not always be explicitly written on the IEP in SESIS but must be reported in this
field. Paraprofessionals working with ELLs in general education settings must also be reported.
Figure 26: BNDC Screen in ATS
Policy & Reference Guide August 2023 113
ATS: ELL Bilingual Program Transfer Requests (ELTR)
The ELTR screen in ATS allows principals to:
Submit an ELL Bilingual Program Transfer Request for a student
Track a student’s ELL Bilingual Program Transfer Request
Once a Family Request for ELL Bilingual Program Transfer form is received, the ELTR main screen and
student detail screens will allow principals to make the most informed decision about placement options
for the student.
For further information, refer to ELL Bilingual Program Transfer Policy and Procedure.
Policy & Reference Guide August 2023 114
ATS: Home Language Code Crosswalk
Source: ATS (As of July 6, 2023)
Note: AA, NULL, UK, ZZ are not valid HL code
Entry
Code
Entry Description
Entry Description for Report
AC
ARAUCANIAN
Araucanian
AD
ADANGME
Adangme
AE
AFROASIATIC
Afroasiatic
AF
AFRIKAANS
Afrikaans
AH
AMHARIC (AKA ETHIOPIAN)
Amharic (aka Ethiopian)
AJ
ACHOLI
Acholi
AK
AKAN
Akan
AL
ALBANIAN
Albanian
AM
ARMENIAN
Armenian
AO
AMOY (A.K.A.FUKIENESE)
Chinese
AR
ARABIC
Arabic
AS
ASSAMESE
Assamese
AW
ARAWAK
Arawak
AY
AYMARA
Aymara
AZ
AZERBAIJANI (AKA AZERI)
Azerbaijani (aka Azeri)
BA
BALANTE
Balante
BB
BEMBA
Bemba
BE
BELORUSSIAN
Belorussian
BG
BENGALI (BANGLA IN BANGLADESH)
Bengali (Bangla)
BH
BHILI
Bhili
Policy & Reference Guide August 2023 115
Entry
Code
Entry Description
Entry Description for Report
BI
BIHARI
Bihari
BL
BALUCHI
Baluchi
BM
BAMBARA
Bambara
BO
BOSNIAN
Bosnian
BQ
BASQUE
Basque
BR
BRAHUI
Brahui
BS
BURMESE
Burmese
BT
BRETON
Breton
BU
BULGARIAN
Bulgarian
BX
BASSA
Bassa
BY
BALINESE
Balinese
CA
CHAM
Cham
CB
CEBUANO
Cebuano
CE
CHINESE-DIALECT UNKNOWN/OTHER
Chinese
CH
CHINESE/ANY
Chinese
CJ
CHECHEN
Chechen
CN
CANTONESE
Chinese
CS
CHINESE/ANY-SPANISH
Chinese
CT
CATALAN
Catalan
CU
CHUUKESE (TRUKESE)
Chuukese (Trukese)
CZ
CZECH
Czech
DA
DARI/FARSI/PERSIAN
Dari/Farsi/Persian
DG
DAGOMBA
Dagomba
Policy & Reference Guide August 2023 116
Entry
Code
Entry Description
Entry Description for Report
DJ
DYULA
Dyula
DN
DANISH
Danish
DU
DUTCH
Dutch
DZ
DZONGKHA
Dzongkha
EG
GUYANESE CREOLE (GUYANESE/ENGLISH-
BASED)
Guyanese Creole
(Guyanese/English-based)
EO
ESTONIAN
Estonian
EW
EWE
Ewe
FG
GUIANESE CREOLE (GUYANAIS/FRENCH-
BASED)
Guianese Creole
(Guyanais/French-based)
FH
FRENCH-HAITIAN CREOLE
Haitian Creole
FJ
FIJIAN
Fijian
FK
FRENCH-KHMER
French-Khmer
FL
FLEMISH
Flemish
FN
FINNISH
Finnish
FO
FON
Fon
FR
FRENCH
French
FT
FANTI (AKA FANTE)
Fanti (aka Fante)
FU
FULANI
Fulani
GA
GA
Ga
GC
GALICIAN
Galician
GE
GEORGIAN
Georgian
GF
GARIFUNA
Garifuna
GI
GILBERTESE (KIRIBATI/KIRBATESE)
Gilbertese (Kiribati/Kiribatese)
Policy & Reference Guide August 2023 117
Entry
Code
Entry Description
Entry Description for Report
GJ
GUJARATI
Gujarati
GK
GREEK
Greek
GL
GALLA
Galla
GM
GURMA
Gurma
GO
GREBO
Grebo
GR
GERMAN
German
GU
GUARANI
Guarani
HA
HAITIAN CREOLE
Haitian Creole
HE
HEBREW
Hebrew
HG
HUNGARIAN
Hungarian
HI
HINDI
Hindi
HM
HMONG
Hmong
HU
HAUSA (HAOUSSA)
Hausa (Haoussa)
IB
IBO
Ibo
IC
ICELANDIC
Icelandic
IL
ILOCANO
Ilocano
IN
INDONESIAN (AKA BAHASA)
Indonesian (aka Bahasa)
IR
IRISH (GAELIC)
Irish (Gaelic)
IT
ITALIAN
Italian
JA
JAPANESE
Japanese
JI
PIJIN (SOLOMONS PIDGIN)
Pijin (Solomons Pidgin)
JM
JAMAICAN-CREOLE
Jamaican-Creole
JO
JOHKHA
Johkha
Policy & Reference Guide August 2023 118
Entry
Code
Entry Description
Entry Description for Report
K1
KISSI (KISI)
Kissi (Kisi)
K9
KONKANI
Konkani
KA
KASHMIRI
Kashmiri
KB
KAMBA
Kamba
KC
KACHI
Kachi
KD
KANNADA
Kannada
KE
KABRE
Kabre
KF
KAFIRI
Kafiri
KG
KANARESE
Kanarese
KH
KHMER (CAMBODGE)
Khmer (Cambodge)
KI
KIKUYU
Kikuyu
KK
KRIO
Krio
KN
KANURI
Kanuri
KO
KOREAN
Korean
KP
KPELLE
Kpelle
KQ
KAQCHIKEL (CAKCHIQUEL/CACHIQUEL)
Kaqchikel (Cakchiquel/Cachiquel)
KR
KAREN
Karen
KS
KHOISAN
Khoisan
KU
KURDISH
Kurdish
KW
KHOWAN
Khowan
KY
KABYLE
Kabyle
KZ
KAZAKH
Kazakh
LA
LAO
Lao
Policy & Reference Guide August 2023 119
Entry
Code
Entry Description
Entry Description for Report
LG
LUGANDA
Luganda
LM
LOMA
Loma
LN
LINGALA
Lingala
LO
LUO
Luo
LT
LITHUANIAN
Lithuanian
LU
LUBA
Luba
LV
LATVIAN
Latvian
LY
LUNYANKOLE
Lunyankole
MA
MACEDONIAN
Macedonian
MB
MANDINKA (AKA MANDINGO)
Mandinka (aka Mandingo)
MD
MOLDAVIAN
Moldavian
ME
MENDE
Mende
MG
MALAGASY
Malagasy
MH
MOHAWK
Mohawk
MI
MONGOLIAN
Mongolian
MK
MALINKE
Malinke
ML
MALAY
Malay
MM
MAM
Mam
MN
MANDARIN
Chinese
MO
MOSSI (MOORE/MORE)
Mossi (Moore/More)
MR
MARATHI
Marathi
MT
MALTESE
Maltese
MX
MIXTEC (MIXTECO)
Mixtec (Mixteco)
Policy & Reference Guide August 2023 120
Entry
Code
Entry Description
Entry Description for Report
MY
MALAYALAM
Malayalam
NA
NAHUATL
Nahuatl
NC
NIGER-CONGO
Niger-Congo
ND
NDEBELE
Ndebele
NE
NEPALI
Nepali
NL
NATIVE AMERICAN LANGUAGES
Native American Languages
NO
ENGLISH
English
NS
STUDENT DOES NOT SPEAK
Student Does Not Speak
NW
NORWEGIAN
Norwegian
NY
NYANJA (AKA CHINYANJA)
Nyanja (aka Chinyanja)
ON
ONEIDA
Oneida
OR
ORIYA
Oriya
OS
OSSETIAN
Ossetian
PA
PASHTO (A.K.A. PUSHTO)
Pashto (aka Pushto)
PI
PILIPINO (A.K.A. TAGALOG)
Pilipino (aka Tagalog)
PJ
PUNJABI (A.K.A. PANJABI)
Punjabi (aka Panjabi)
PL
POLISH
Polish
PN
PALAUAN
Palauan
PO
PORTUGUESE
Portuguese
PP
PAPIAMENTO
Papiamento
PR
PROVENCAL
Provencal
QC
QUICHE
Quiche
QU
QUECHUA
Quechua
Policy & Reference Guide August 2023 121
Entry
Code
Entry Description
Entry Description for Report
RA
RAJASTHANI
Rajasthani
RD
RUNDI
Rundi
RK
RAKHINE (ARAKENSE)
Rakhine (Arakense)
RM
ROMANSCH
Romansch
RO
ROMANIAN
Romanian
RT
TOORO(RUTOORO)
Tooro (Rutooro)
RU
RUSSIAN
Russian
RW
RWANDA
Rwanda
RY
RUSSIAN-YIDDISH
Russian-Yiddish
S3
SERER
Serer
SA
SAMOAN
Samoan
SB
SHINA
Shina
SC
SERBO-CROATIAN
Serbo-Croatian
SD
SINDHI
Sindhi
SE
SENECA
Seneca
SF
SINHALESE
Sinhalese
SG
SCOTTISH-GAELIC
Scottish-Gaelic
SH
SHAN
Shan
SI
SWAHILI (A.K.A. KISWAHILI)
Swahili (aka Kiswahili)
SJ
SOMALI
Somali
SK
SUKUMA
Sukuma
SL
SHLUH
Shluh
SM
SIDAMO
Sidamo
Policy & Reference Guide August 2023 122
Entry
Code
Entry Description
Entry Description for Report
SN
SANSKRIT
Sanskrit
SO
SLOVAK
Slovak
SP
SPANISH
Spanish
SQ
SONINKE
Soninke
SR
SERI
Seri
SS
SETSWANA
Setswana
ST
SESOTHO
Sesotho
SU
SUDANESE
Sudanese
SV
SLOVENIAN
Slovenian
SW
SWEDISH
Swedish
SX
(AMERICAN) SIGN LANGUAGE
(American) Sign Language
SY
SOUTH ARABIC
South Arabic
SZ
SWAZI
Swazi
TA
TAMIL
Tamil
TB
TEM (TEMBA/KOTOKOLI/COTOCOLI)
Tem (Temba/Kotokoli/Cotocoli)
TE
TELUGU
Telugu
TG
TIGRE
Tigre
TH
THAI
Thai
TI
TIBETAN
Tibetan
TK
TURKMEN (TURKMAN/TURKOMAN))
Turkmen (Turkman/Turkoman)
TM
TAMAZIGHT
Tamazight
TO
TONGA
Tonga
TQ
TAMASHEQ
Tamasheq
Policy & Reference Guide August 2023 123
Entry
Code
Entry Description
Entry Description for Report
TR
TIGRINYA
Tigrinya
TT
TUAREG
Tuareg
TU
TURKISH
Turkish
TW
TWI
Twi
TZ
TADZHIK (AKA TAJIK)
Tadzhik (aka Tajik)
UD
URDU
Urdu
UI
UIGHUR(UYGHUR)
Uighur (Uyghur)
UK
UNKNOWN
Unknown
UR
UKRAINIAN
Ukrainian
US
SUSU(SOUSSOU)
Susu (Soussou)
UZ
UZBEK
Uzbek
VC
VIETNAMESE-CHINESE
Vietnamese
VF
VIETNAMESE-FRENCH
Vietnamese
VN
VIETNAMESE
Vietnamese
VS
VISAYAK (A.K.A. BISAYA)
Visayak (aka Bisaya)
WE
WELSH
Welsh
WO
WOLOF
Wolof
YI
YIDDISH
Yiddish
YL
SYLHETI
Sylheti
YO
YONBA
Yonba
YR
YORUBA
Yoruba
ZA
ZARMA (DJERMA)
Zarma (Djerma)
ZU
ZULU
Zulu
Policy & Reference Guide August 2023 124
STARS: ENL Programming
See the English Language Learners Wiki for the latest information on programming ENL in STARS.
STARS: Bilingual Programs Programming
See the School Programs - ELL Wiki for the latest information on programming dual language bilingual
education and transitional bilingual education programs in STARS.
Note: Schools may choose to extend their school day beyond the required hours with
the help of community-based organizations/non-profits and special grant
opportunities; however, schools must deliver their mandated instruction and
services, including for English language learners and the recommended program and
related services for students with IEPs, during the regular mandated school day.
Policy & Reference Guide August 2023 125
Retention of Records
Student Cumulative Folder
A student’s cumulative folder is a physical record for each student that includes important documents
that provide guidance or understanding about the student. Examples of required documentation that
schools must maintain in each individual student’s cumulative folder, includes, but is not limited to the
items listed below. Documents/letters must be signed and dated, and translations included where
applicable.
All documentation related to the initial ELL identification process and any subsequent review
process, including the Home Language Identification Survey, NYSITELL results and any other
records associated with the determination of NYSITELL eligibility (e.g. mandated individual
interview).
All documentation related to Language Proficiency Team (LPT) determination of NYSITELL
eligibility, including the NYSITELL Determination Form, copies of notifications sent to
parents/guardians regarding the LPT decision to administer/not administer NYSITELL and copies
of any superintendent letters approving/denying the LPT’s determination.
All documentation related to SIFE identification, including results of the SIFE Oral Interview
Questionnaire, MLS, writing screener, and any interview notes, academic and assessment
history, and work samples used in determining potential SIFE status.
Any notifications sent to parents/guardians regarding the results of the ELL identification
process, placement of a student in an ELL program, or continued eligibility/non-eligibility for ELL
services:
o Entitlement letter after NYSITELL
o Non-entitlement letter after NYSITELL
o Placement Letter (after Parent Survey)
o Default Program Placement Letter
o Continued Entitlement Letters after NYSESLAT
o Exit/Non-Entitlement Letters after NYSESLAT
All documents related to the required parent orientation, including signed and dated ELL Parent
Survey and Program Agreement Form, agendas and attendance records.
o Any documentation pertaining to parent/guardian’s request to update initial parent option.
o Any documentation pertaining to parent/guardian’s request to transfer to a school with a
bilingual program, including the Family Request for Bilingual Program Transfer and the
Family Authorization for Bilingual Program Transfer.
Pertinent assessment data impacting ELL status, such as NYSESLAT scores.
For students entering a NYC public school who were enrolled in a NYS public school within the
previous 2 years, any documentation received from the student’s previous NYS public school.
Any notifications or related documents pertaining to a request for re-identification, if applicable.
Policy & Reference Guide August 2023 126
Any evidence of the mandated Annual Meeting with Parents.
Any notification sent to parents/guardians regarding their child’s inclusion in a Title III
supplemental program.
Note: When a student transfers within NYC public schools, the previous NYC public
school is responsible for sending the student’s cumulative folder, with all original
contents to the new NYC public school. For additional guidance, please refer to
Chancellor’s Regulations A-820 and the Student Records FAQ.
School-Level Critical ELL documents
In addition to maintaining individual student cumulative folders, schools must also maintain a school-
level ELL Folder of Critical Documents which contain these documents in a central location for ease of
review. Examples of documents that must be kept in the ELL Folder of Critical Documents are listed but
not limited to documents below. Each document must be signed and dated. Translations must be
included where applicable.
Sample of all documents that must be maintained in individual students cumulative folder.
Evidence of school’s supplemental Title III programs as outlined in the Title III FAQ.
Records of numbers of parents that chose a bilingual program.
Note: Due to the various sizes of schools’ populations, some schools may opt to have
an electronic folder through scanning. Regardless of the method, schools should refer
to all applicable laws and regulations pertaining to the retention of records, including
but not limited to Chancellor’s Regulations A-820 and the Family Educational Rights
and Privacy Act (FERPA). Please refer to the Student Records FAQ for additional
guidance.
Policy & Reference Guide August 2023 127
Comprehensive Education Plan: ELL Components
The Comprehensive Education Plan (CEP) serves as a school's blueprint for implementing instructional
strategies, professional development opportunities, and parent engagement activities that promote
continuous school improvement. The CEP is meant to be used as a tool to facilitate continuous
improvement planningto support schools in engaging their staff, parents, students, and community
partners in assessing and prioritizing school needs, setting measurable improvement goals, selecting
appropriate strategies to improve student outcomes, monitoring progress toward meeting annual goals,
and communicating these efforts to the broader school community. Additional information is available
in the Resources section of the iPlan portal.
There are three ELL-related components of the CEP:
Language Allocation Policy (LAP)
Title III Limited English Proficient (LEP) Plan
Title III Immigrant Plan
Note: The Language Translation and Interpretation Plans (LTI) plan serves as your
school’s strategy for communicating with all families who do not speak English. For
questions or assistance in completing your LTI plan, contact your designated Office of
Language Access contact.
Language Allocation Policy (LAP)
The LAP is a systemic plan for language development that guides programmatic and curricular decisions
for students until they acquire academic proficiency in English. See the Language Allocation Policy
InfoHub for the current year’s template. It is a school-originated document submitted yearly in
consultation with all ML/ELL community partnerships, administrators, teachers, parents, and support
personnel to ensure proper implementation within each school community. The LAP is understood by all
school partnerships and enacted by all practitioners so that all stakeholders understand how, why, and
when the students receive ELL services. The educational programs for MLs/ELLs within a school are
detailed within the document. The document describes the various program models (dual language
bilingual education, transitional bilingual education, and English as a new language), the identification of
ELL subgroups in the school, the interventions they receive, and parent engagement. In addition,
professional development provided and the high-quality certified teachers of ELLs that staff these
programs are described in the LAP.
The LAP template and other LAP resources are available on the Language Allocation Policy InfoHub and
the iPlan portal.
Policy & Reference Guide August 2023 128
Title III Limited English Proficient (LEP) Plan
The Title III Limited English Proficient (LEP) supplemental program is provided through federal funds
supported by Every Student Succeeds Act (ESSA). This funding (subject to revision annually) is based on
the previous year’s ELL reporting in each individual school. It provides federal allocations to schools with
the mandated minimum of ELLs for supplemental services for English language learners before school,
after school, and on Saturdays. These supplemental services are based on students’ needs and provide
teachers with ongoing professional development to support the ELL population within the school. A plan
must be submitted annually based on the following ratio:
60% to direct instruction
10% to parental involvement
10% to professional development
20% to OTPS.
The three main components for the use of Title III funds are as follows:
Direct Instruction activities must be used to support language development, English and home
language instruction, high academic achievement in math, and/or other core academic areas.
High-quality professional development that is of sufficient intensity and duration to have a
positive and lasting impact on the teachers’ performance in classrooms.
Parent engagement activities and supports must ensure that there are appropriate translation
and interpretation services to meet community needs.
School allocations are announced annually in the respective school allocation memorandum, which is
available on the School Allocation Memorandums InfoHub. For more information on Title III, please refer
to the Frequently Asked Questions included below.
Policy & Reference Guide August 2023 129
Title III Immigrant Plan
Title III Immigrant programs are also provided through federal funds supported by Every Student
Succeeds Act (ESSA). This funding (subject to revision annually) is based on the previous year’s reporting
in each individual school. These funds can be used for activities that provide enhanced instructional
opportunities for immigrant students. Please note that immigrant students are not necessarily English
Language Learners (ELLs), and ELLs may or may not be immigrants.
For the purpose of this funding, immigrant students are defined as individuals who were not born in any
U.S. state (this includes the District of Columbia and the Commonwealth of Puerto Rico); and have not
been attending one or more schools in any one or more states for more than three full academic years
(the months need not be consecutive).
Each school that receives this funding must use the funds to support their immigrant students by
developing a plan that addresses the following three components:
Direct instruction supplemental program for immigrant students
Professional development that bolsters the instructional practice of teachers of immigrant
students
Parental engagement activities that support parents of immigrant students
School allocations are announced annually in the respective school allocation memorandum, which
is available on the School Allocation Memorandums InfoHub. For more information on Title III,
please refer to the Frequently Asked Questions included below.
Policy & Reference Guide August 2023 130
Frequently Asked Questions: Allowable Use of Title III LEP Funds
Supplemental Direct Instruction
1. What does direct instruction supplemental programming mean?
Direct instruction activities must be used to support language development, English and home
language instruction, academic achievement in math and/or other core academic areas. This
programming must be based on student needs and the guidelines outlined in the current year’s School
Allocation Memorandum (SAM). The direct instruction must complement core bilingual and/or English
as a New Language (ENL) services required under Commissioner’s Regulation (CR) Part 154. Direct
supplemental services should be provided before school, after school, or Saturday programs. The
teachers providing the services must be certified bilingual education and/or English to Speakers of
Other Languages (ESOL) teachers.
2. What should be included in the direct instruction supplemental program?
In your Title III plan, the description of direct Title III instruction to ELLs must include the following:
type of program/activities
number of students to be served
grade level(s)
language(s) of instruction
rationale (including data analysis) for the selection of program/activities and the materials
services and instructional technology to be used
sessions and times per day/week
program duration; and service provider qualifications.
Your direct instruction supplemental program should account for 60% of your Title III allocation.
3. Who is entitled to Title III LEP supplemental programs?
All ELLs are entitled to Title III programs. Each school should establish criteria for ELLs’ participation
in Title III program activities. Schools should examine the data and the needs of their ELL population
when they plan their Title III programs. This may include any of the ELL subgroups: Newcomers,
Developing ELLs, Long Term ELLs, ELLs with Individualized Education Programs (IEPs), Students with
Interrupted/Inconsistent Formal Education (SIFE), and former ELLs. For consideration, according to
New York State regulation (CR Part 154), any child who is not progressing sufficiently toward a state
designated level of English proficiency is entitled to receive extra support.
4. Can I include former ELLs in the direct instruction supplemental Title III LEP program?
Title III is a federal funding source for supplemental programs and activities for ELLs. However, former
ELLs who tested out for up to two years may be invited to the Title III program activities. Instruction
may be conducted in both English and the student's home language(s). Programs and activities
implemented under Title III Part A may not supplant programs required under CR Part 154.
Policy & Reference Guide August 2023 131
5. Can non-ELLs participate in Title III LEP programs?
Title III is targeted funding for supplemental instruction for ELLs; former ELLs up to 2 years after exiting
ELL status may also participate.
6. Who can teach the Title III LEP supplemental program?
The Title III supplemental program must be taught either by a certified ESOL or bilingual teacher. Title
III programs may have a non-ESOL or non-bilingual certified teacher, if they are team teaching and co-
planning with a certified ESOL or bilingual teacher. The certified ESOL or bilingual teacher can push in
for the content area program. This arrangement must be fully described in the school’s Title III LEP
plan under the supplemental direct instruction section.
7. Can my guidance counselor provide direct instruction and/or support during my extended day
program?
Your guidance counselor can provide direct instruction if they:
have an ESOL or bilingual certification as a teacher in New York State; or
are co-planning and team teaching with a certified ESOL or bilingual teacher.
A guidance counselor or a bilingual guidance counselor can also support students and parents
with group and individual workshop sessions in a supplemental Title III program. These services
must be clearly described in the appropriate section of the program narrative.
8. What if my ENL teacher does not want to work in a supplemental Title III LEP program?
Post the position so that other ESOL or bilingual certified teachers can apply. You should also reach
out to your respective Human Resources director for support with this process.
9. Can I hire a paraprofessional for the Title III LEP program?
No. However, if an ELL is attending the Title III program and his/her IEP mandates a bilingual
paraprofessional, then it may be permitted.
10. Can a supervisor be paid out of Title III funds for my extended day program?
You may pay a supervisor from Title III funds if the Title III program is the only program operating
during the extended day. These circumstances must be described in detail in the narrative. The school
should also describe the responsibilities of the supervisor. Responsibilities should not be limited to
administrative duties only but should also include instructional leadership. It is strongly recommended
that Title III programs be scheduled at the same time as other extended day programs so that the
supervisor overseeing those programs is also responsible for the supervision of the Title III program.
11. Can I include trips or cultural activities in my Title III program?
Yes, if the trips and/or cultural activities are aligned to the Title III instructional program objectives.
The trips should have a clear instructional rationale, and the purpose must be explained in the program
narrative. The allowable expenditures must follow the Title III expenditure guidelines. Schools must
adhere to all NYC DOE guidelines on trips.
Policy & Reference Guide August 2023 132
12. Are laptop purchases to allow ELLs to engage in remote learning an allowable expense?
The purchase of technology for ELLs to engage in remote learning is not an allowable expense for
Title III. All ELLs who are engaging in remote learning should have access to this technology via
general funding streams used for the purchase of all other students. Please refer to the long-
standing Title III rules about tech/equipment purchasing (pages 6-7) for the exclusive use of ELLs in
Title III funded programs. For more information see NYSED’s Guidance on Allowable and Unallowable
Expenditures.
13. What is the guidance on remote per session?
Title III activities may be conducted remotely, if they align to the permissible activities and adhere to
all protocols as per Chancellor's Regulation C-175. In alignment with the regulation, the per session
posting should include, "No per session compensation may be paid for work performed at home
unless consistent with the collective bargaining agreements, or approved in advance by the
supervisor, based on policy authorized by the Chancellor." For more information on developing per
session posting templates, please refer to this resource. Please note that Title III plans should
describe how these activities meet student needs if they are to be performed remotely.
Professional Development
14. What should Title III LEP professional development look like?
Professional development should meet the following criteria:
Program of sufficient intensity and duration as to have a positive and lasting impact on teachers’
performance in the classroom with ELLs.
Ongoing and sustainable professional development program.
Planned activities designed to enhance a teacher’s ability to understand and use curricula,
assessment measures, and instructional strategies for ELLs.
Activities designed to improve the instruction and assessment of ELLs.
Timelines, professional development providers, and target audience should be included in the
narrative.
Professional development support should be aligned with the supplemental Title III instructional
program described in the narrative and should target the teachers supporting the Title III
instructional program.
Include study groups for teachers of ELLs and Division of Multilingual Learners sponsored
professional development series.
May also include professional development conducted by district ML/ELL staff on ELL instruction.
15. What should be included in the Title III professional development narrative?
The professional development component should include the following details:
A list of topics and tentative schedules of workshops to be offered throughout the duration of
the program and the number and qualifications of the participants.
Policy & Reference Guide August 2023 133
A description and content area focus of study groups and associated materials, and the number
of teachers participating.
A description of materials and resources being utilized for professional development. The
narrative should indicate what resources/materials are at cost to Title III.
If a consultant provides professional development, provide a description of the consultant’s ELL
credentials and work delivered, including the number of sessions, weekly schedule, per session
cost, hours of work, number of teachers trained, qualification of the service provider(s), and
topics aligned to the proposed program.
16. Can I hire a consultant to provide professional development for teachers of ELLs during the day?
Consultant hiring should align with NYC DOE’s guidelines for allowable purchasing and hiring. In
general, if consultant or professional services are permitted, the consultant, who must have a
demonstrated track record or credentials and expertise to provide ELL services, must focus on
professional development activities based on the needs of the ELLs and/or teachers servicing ELLs.
These needs must be demonstrated and described using performance indicators such as city and state
assessments as well as the Next Generation Learning Standards.
17. Can schools hire a substitute teacher so that teachers of ELLs may attend a PD session?
Yes, schools may hire a substitute teacher to release teachers of ELLs to attend a PD session during
the regular school day only if:
Schools articulate how these sessions will specifically increase the effectiveness of instruction for
ELLs (either classroom teachers with ELLs in their classes or the certified ESOL/bilingual teacher,
and preferably, teachers working in the direct instruction portion of the program)
Schools must specify:
Which teachers were selected
How teachers will use the new learning to build capacity within their school, study group, PD
session, via lab site, open classroom, etc.
Note: If Title III funds are used for this purpose, it must come from the professional
development portion, which represents 10% of the total Title III LEP allocation.
18. Can we use the contractually mandated time after school professional development time (e.g.,
Mondays) for Title III PD?
The mandated blocks of time for PD activities required as per the current UFT collective bargaining
agreement can be used toward the PD component of the Title III program, if they include ongoing and
sustained professional development that meets the intent and purpose of the Title III program. These
activities should be aligned with the Title III supplemental program and include teachers who work in
the Title III instructional program and may include other teachers of ELLs. Documentation of
participation in professional development activities should be kept on file. Note: mandated blocks of
Policy & Reference Guide August 2023 134
time include Mondays or alternative days for schools adhering to the terms of the contract as a result
of the school-based option.
Parental Involvement
19. What should parental involvement look like?
These programs should promote parent, family, and community engagement through community
participation programs, family literacy services, and parent outreach and training activities to
MLs/ELLs and their families.
This online GeoMap is a running list of community-based organizations dedicated to serving NYC's
linguistically and culturally diverse families.
You can also refer to the Supporting and Partnering with families of Multilingual Learners Guide and
the Division of Multilingual Learners Family Resources Site.
20. What should be included in the parental involvement component?
The parental program needs to be aligned to the proposed Title III plan and/or school-developed needs
assessment survey and parent interviews. Please note that parent orientations are mandated under
CR Part 154, and therefore, cannot be included as an activity under the Parental Involvement section
of the Supplemental Title III Program description.
21. Can we purchase refreshments for parents under Title III?
Refreshments can only be purchased for parents participating in a parental involvement component
of the Title III plan. Please make sure to follow NYC DOE Standard Operating Procedures and guidelines
on food and refreshments.
22. Can out-of-state student trips and/or professional development be funded under Title III?
Out-of-town trips are not permitted except for one-day trips for parents to attend specialized
meetings and conferences. All NYC DOE guidelines on travel, conferences, and student trips must be
adhered to.
23. Parent Engagement Activities assumes that, if parents log on at all, the parent will have
interpretation and/ or translation provided to them for the duration of the activity. Is this
accurate?
Yes. Schools are required to continue to follow Chancellor’s Regulation A-663 for the provision of
translation and interpretation.
OTPS
24. Can I use Title III funds to purchase a teacher projector?
This is an allowable expense if it is within OTPS spending limits. Discretion should be applied to ensure
that the teacher is using the projector to serve students during the Title III program.
Policy & Reference Guide August 2023 135
Budget
25. How should schools allocate Title III funds?
Schools should continue to use the following program component ratios as a guideline for Title III
program planning:
60% direct to instruction
10% to parental involvement,
10% to professional development
20% to OTPS
26. Can I coordinate other funds to support the Title III program?
Yes. Schools may use other funding sources to complement your Title III program regardless of
whether the school is conceptually consolidated or not. However, a minimum of the total allocation
must be used towards the Title III program. The school must explicitly state which components of the
plan’s expenditures are at no cost to Title III in the program narrative.
27. How can we allocate funds if my school is not conceptually consolidated?
The Title III plan must meet all intents and have all components as outlined in question #24 above.
Schools that are conceptually consolidated (SWP) may use all the funds for one component if and only
if other funding sources are used to meet the other intents, which must be indicated in the plan
following the recommended ratio of expenditures.
Galaxy
28. What steps should be taken in Galaxy for Title III?
Schools must select a program description in Galaxy to identify how funds are being spent to support
ELLs. As funds are scheduled, schools will need to select one of the activity descriptions using the
“Program” dropdown field in Galaxy. The scheduling of funds must be aligned with your approved Title
III LEP plan contained within your school’s Comprehensive Education Plan (CEP).
Conceptually consolidated schools that use a different consolidated funding source to fund a LEP
program must use the below program descriptions to ensure proper tracking of funds being used to
support ELLs. For more information, see the Title III LEP School Allocation Memorandum (SAM).
29. What are the Title III program descriptions that should be used in Galaxy?
The program descriptions that should be used are as follows:
T3 LEP Supplemental ELL Instruction Before School
T3 LEP Supplemental ELL Instruction After School
T3 LEP Supplemental ELL Instruction Saturday Program
T3 LEP Supplemental ELL Instruction Other
T3 LEP Certified ELL Teachers (ESOL/Bilingual)
Policy & Reference Guide August 2023 136
T3 LEP Supplemental Guidance/Counseling Services
T3 LEP Professional Development
T3 LEP Parent Involvement/Engagement
30. Which vendors can I choose?
Contracted vendors should be used as much as possible. For Title III specifically, the circumstances
under which outside vendors can be used are outlined on questions #12, 21, 27 of this FAQ. Schools
and district ELL staff reviewing Title III plans are encouraged to practice their best judgment and
discretion when determining when work with an outside vendor meets these parameters. Schools and
district ELL staff can determine if a vendor has a valid contract by checking the Vendor Inquiry search
feature in FAMIS. Schools are also encouraged to check the Multiple Task Award Contract (MTAC)
Abstracts and Contract Descriptions for contracted vendors, including the following solicitations:
R1151: Student Support Services
R1158: English Language Learners Professional Development Services
R1129: Arts Education Services
R1155: Services to Promote Safe and Supportive School Communities
31. How can I spend my Title III funds?
Title III guidelines are outlined in the respective School Allocation Memorandum. Please refer to the
relevant School Allocation Memorandum for plan guidelines and allocations.
All eligible recipients must procure goods and services aligned to their approved Title III plans and
within OTPS Guidelines, this FAQ for Allowable Use of Title III Funds, and Chancellor’s Regulations.
The following are examples of purchases/expenses for these funds. Note, these recommendations are
limited to NYC DOE contracted vendors only.
Usage Example
Description
Budget Code
Available Resources
Per Session
Eligible staff may receive per
session compensation.
Supervisor - 2792
Guidance Counselor
2922
Teacher- Regular
Grades- 3002
School Social Worker
- 2822
Refer to Title III plans for
allocated per session
budget.
Professional Services
- Direct Student
Services
Multiple Task Award Contracts
(MTAC)**
685 - Professional
Services - Education -
Company &
Individual
Consultants
Please see these Contract
Abstracts for the following
recommended services:
1. R1151: Student Support
Services
Policy & Reference Guide August 2023 137
Usage Example
Description
Budget Code
Available Resources
2. R1155: Services to
Promote Safe and
Supportive School
Communities
3. R1129: Arts Education
Services
Professional Services
Direct to Student
Services
Multiple Task Award Contracts
(MTAC)** - services specific to
college and career readiness
685 - Professional
Services - Education -
Company &
Individual
Consultants
MTAC R1151: Student
Support Services
1. Global Kids, Inc.
Vendor #:
GLO009000
Contract #:
QR151DN
2. CareerVisions, Ltd.
Vendor #:
CAR085940
Contract: QR151BX
Professional Services
Staff Development
Multiple Task Award Contracts
(MTAC)** - services specific to
staff development, including:
Family facing staff, centered on
Culturally Responsive-
Sustaining Family Engagement
(NYU)
College access and success,
with an emphasis on high-
quality advising and youth
development approaches
(Goddard)
689 Professional
Services Curriculum
and Professional Staff
Development
MTAC R1179 - Professional
Development for School
Leaders and Teachers
1. Ramapo for Children, Inc.
Vendor #:
RAM021000
Contract: QR179AE
2. Goddard Riverside
Community Center
Vendor #:
131893908
Contract: QR179AF
MTAC R0996 - Literacy
Professional Development
Services
1. New York University
Vendor ID:
NYU562308
Contract: QR996BF
Policy & Reference Guide August 2023 138
Usage Example
Description
Budget Code
Available Resources
Supplies Digital
Texts
E-books made available through
soraapp.com/library/nycschools
100 Supplies and
Materials
1. Overdrive Inc.
Vendor #:
OVE522786
Contract: R130601
Purchased texts are added
to Sora.
Supplies Print and
Digital Reading
Materials
K-12 ENL and/or home
language materials.
100 Supplies and
Materials
199 Educational
Software
337 - Textbooks
1. Benchmark Education
Company, LLC
Vendor #:
BEN019000
Contract: 7000823
(Textbooks and
Ancillary Materials)
Serves: Grades K-8
1. Cengage Learning, Inc
Vendor #:
CEN001000
Contract:
R129201
(Software)
7000835
(Textbooks
and Ancillary
Materials)
Product: Panorama
Science or Social
Studies
Serves: Grades K-6
1. Follett School Solutions,
Inc.
Vendor #:
ECO004000
Contracts:
Library
materials,
books,
materials
1. B2172FA
Policy & Reference Guide August 2023 139
Usage Example
Description
Budget Code
Available Resources
2. B2172FC
3. B2172FD
4. B2172FE
Education
Software
1. R104801
Textbooks and
Ancillary
Materials
1. 7000948
2. Achieve3000
Vendor #:
ACH020000
Contract: R104901
Product: Actively
Learn Digital
Curriculum
Serves: Grades 6-12
Famis Item
Numbers:
800431022:
Actively Learn
Copyrighted
texts
800431030:
Actively Learn
Science per
student
800431049:
Actively Learn
Science cost
per student
when bundled
with Actively
Learn ELA
800431057:
Actively Learn
Social Studies
per student
800431065:
Actively Learn
Policy & Reference Guide August 2023 140
Usage Example
Description
Budget Code
Available Resources
Social Studies
cost per
student when
bundled with
Actively Learn
ELA
800431073:
Actively Learn
ELA per
student
800431081:
Actively Learn
ELA with
Copyrighted
texts per
student
3. Scholastic, Inc.
Vendor #:
SCH100000
Contract: 7000974
or R107101
Product: W.O.R.D.
only
Serves: Grades K-5
Scholastic W.O.R.D.
(large school 500+
students)
Famis Item Number:
800378849
Vendor Catalog
Number: 832396
Scholastic W.O.R.D.
(medium school
250-499 students)
Famis Item Number:
800378830
Vendor Catalog
Number: 832395
Scholastic W.O.R.D.
(small school 101-
249 students)
Policy & Reference Guide August 2023 141
Usage Example
Description
Budget Code
Available Resources
Famis Item Number:
800378822
Vendor Catalog Number:
832394
Digital Printing
Design, ADA remediation, and
digital production of resources
615 Printing
Services
1. Vanguard Direct
Vendor #:
VAN043000
Contract: CITY046
**All MTAC procurement should follow MTAC bidding guidelines.
Documentation
32. What type of documentation should my school maintain as evidence of our Title III LEP program?
Parent Notification
Schools must maintain evidence of parent engagement/notification regarding Title III programs.
Examples include:
Evidence that parents have been informed of the supplemental program.
Copies of dated, translated letters sent to parents
The description of the Title III LEP program should match the description in the narrative in the
approved plan
Parent letters should be accurate, up to date and reflective of current school year
Letters must reference that it is a Title III program. It should not reference NCLB or other policies
that are not current
Copies of any school-developed needs assessment surveys for parents/families
Evidence of ELLs Served
Schools must maintain evidence of ELLs served for each Title III LEP supplemental program class.
Examples include: 
Title III LEP Supplemental Program Student Rosters, Proficiency Levels, and Attendance Sheets
Student rosters should clearly include the name/s of the Title III teacher/s serving the students
Student Roster should include ELL proficiency level
Student Roster should include attendance for each date the program has taken place 
There should be one attendance sheet for each class, reflective of all the dates the program has
run to date. Attendance should be indicated for each student
Policy & Reference Guide August 2023 142
The dates/ times of the program should match those included in the approved plan and in the
parent letter
Teacher Certification
All Title III LEP programs must be taught or cotaught by either an ESOL or bilingual certified teacher and
must be described in the program narrative. For each teacher serving in the Title III LEP program
maintain:
Copy of the teacher certification (ESOL or bilingual education) or screenshot from the TEACH
website indicating the teacher and evidence of the certification
Certifications for the teachers provided must match those described in the approved plan
Per Session Time Sheets
For each teacher serving the Title III LEP program maintain timesheets for each pay period.
The timesheets submitted must match the dates and times of the supplemental program for
students
The timesheets should be included for all processed time to date for each teacher
The timesheets should be reflective of the approved plan. 
Parental Engagement
Record of each activity that has taken place (attendance sheets, invitations, translations,
evidence of interpretation, powerpoints)
Professional Development
Record of each activity that has taken place (attendance sheets for professional development
events including teachers that attended, dates, times, duration of session)
Powerpoint or other PD materials
OTPS
All purchase orders and invoices to date
OTPS Purchase orders and invoices should reflect the approved plan
Policy & Reference Guide August 2023 143
Required ELL Assessments
There are four assessments that are mandatory for different groups of ELLs. The assessments are the
NYSITELL, Spanish LAB, Chinese Reading Test, and the NYSESLAT.
NYSITELL
The New York State Identification Test for English Language Learners (NYSITELL) is the exam that
determines ELL status. It is administered throughout the school year as necessary to all students
entering grades K to 12 who are first-time admits and re-entering students (see ELL Re-Identification
Step 9 for more information on reentry). There are five levels, the last of which indicates the student is
not an ELL. See Proficiency Levels for more information.
The NYSITELL has eight administration levels. In grades K to 3, the levels are different between the fall
and spring administrations for each grade to account for the significant developmental changes between
semesters. Students entering during the middle of the school year are expected to perform different
developmentally appropriate tasks with different language expectations. Therefore, the NYSITELL
provides level tests to determine students’ language proficiency relative to the expectations at that
point in the school year. In the later grades, the tasks are more aligned between fall and spring;
therefore, the language expectations do not differ as significantly as in the earlier grades. As such,
students are administered the same NYSITELL level regardless of the time of year. See the NYSED
website for additional guidance regarding the NYSITELL assessments.
The information below shows the eight NYSITELL levels and identifies which level is administered to each
new admitted student, depending upon the grade in which the student is enrolling and the date on
which the test administration begins.
Level I
o Grade K: June 1January 31
Level II
o Grade K: February 1June 30
o Grade 1: July 15January 31
Level III
o Grade 1: February 1June 30
o Grade 2: July 15June 30
o Grade 3: July 15January 31
Level IV
o Grade 3: February 1June 30
o Grade 4: July 15January 31
Policy & Reference Guide August 2023 144
Level V
o Grade 4: February 1 June 30
o Grade 5: July 15 January 31
Level VI
o Grade 5: February 1June 30
o Grade 6: July 15June 30
o Grade 7: July 15January 31
Level VII
o Grade 7: February 1June 30
o Grade 8: July 15June 30
o Grade 9: July 15January 31
Level VII
o Grade 9: February 1June 30
o Grades 10-12: July 15June 30
Figure 27: NYSITELL Levels by Grade
The Level I test may be administered during June only to those new admits who will not begin
kindergarten until the following September. The Level II test must be administered to any new admits
who are enrolling in kindergarten for the current school year at any time between February 1 and June
30. The testing of new admits who are enrolling in New York State schools in Grade 1 and above for the
fall semester may begin no earlier than July 15. Schools that are registering students before June 1 for
enrollment in kindergarten for the upcoming school year may not administer the NYSITELL to eligible
students until that date. Except for Level I, the NYSITELL should be administered during June only to
students entering school for the remainder of the current school year and/or students enrolling in a
summer school program. Schools are not permitted to administer Levels IIVIII of NYSITELL from July 1
July 14.
For more information about the NYSITELL, see NYSED’s website on the NYSITELL.
Policy & Reference Guide August 2023 145
NYSITELL Administration and Provision of Mandated ELL Services
In line with New York State Commissioner’s Regulations (CR) Part 154-2 as revised by the Aspira Consent
Decree, and New York City Department of Education (NYC DOE) policies:
All identified English Language Learners and former English Language Learners, for the first two years
after exiting services, must receive the mandated services outlined within the CR Part 154-2 Units of
Study from:
The first day of school for returning students
Or within 10 school days of the initial enrollment for new students (20 school days for students
entering with IEPs).
This requires that schools complete the entire English Language Learner (ELL) identification process,
including administering the following to newly identified ELLs whose home language is Spanish, while
also providing all mandated bilingual education and/or English as a New Language minutes of service to
previously identified MLs/ELLs and former ELLs:
Home Language Identification Survey,
New York State Identification Test of English Language Learners (NYSITELL), and
Spanish Language Assessment Battery (Spanish LAB)
Therefore, it is required all NYC public schools have designated an ELL identification team and planned
schedule of team members’ availability. This team might include staff besides a school’s ENL teacher(s)
to allow for the provision of mandated ELL services. The ELL identification team schedule should be kept
in the school’s ELL folder of critical documents.
Certified teachers or administrators who received training on the following can administer the
assessment:
Administration of the Home Language Identification Survey
Administration of NYSITELL
Cultural competency, language development, and needs of MLs/ELLs.
Please see the NYSITELL InfoHub for more information on NYSITELL eligibility and administration.
Students who registered to enter kindergarten the following year may be administered the NYSITELL
beginning June 1; all other grades may be administered the NYSITELL beginning July 15 (before the
beginning of the school year in September). Ten (and 20) school days:
Refers to days the students are in session
Begins the first day of school or the first day the student is enrolled at the school (whichever is
later),
And Includes days the student was absent.
Policy & Reference Guide August 2023 146
The “clock” cannot begin before the first day of school (for example, if a student enrolls on July 7 for the
fall, the clock will still begin the first day of school in September). The timeliness is based on the day on
which the NYSITELL and Spanish LAB (if applicable) answer documents are scanned.
Spanish LAB
The Spanish LAB is administered to all newly admitted students in grades K to 12 whose HLIS responses
indicate a home language of Spanish and who are newly identified as ELLs based on NYSITELL results. It
is administered throughout the year, as necessary. The Spanish LAB must be administered at the time of
initial enrollment during the same testing window as the NYSITELL. The Spanish LAB is used to support
schools in instructional planning in providing bilingual and ENL services to these students. Spanish LAB
results are not used to determine ELL status or service entitlement. Schools that are late or out of
compliance in administering the NYSITELL will be considered out of compliance by default for those
students whose home language is Spanish since the Spanish LAB cannot be administered until the
NYSITELL has been administered and scanned into the system. For more information, see Step 5:
Administering the Spanish LAB.
Chinese Reading Test
The Chinese Reading Test is administered to all students in grades 3 to 12 in Chinese transitional
bilingual education and dual language bilingual education programs. English-proficient students in
Chinese DLBE programs should also take the Chinese Reading Test. It is designed to assess students’
reading achievement in Chinese. This exam is administered one time in mid-May. See the NYC DOE’s
testing calendar for specific dates and times.
NYSESLAT
The New York State English as a Second Language Achievement Test (NYSESLAT) is the exam
administered to all ELLs in grades K to 12 (including those who are eligible for New York State Alternate
Assessment) as well as those students who were not properly and timely administered the NYSITELL to
determine continued entitlement of ELL services, progress in learning English, proficiency level, and
number of units of ENL for the following school year. The NYSESLAT consists of 4 sections (speaking,
listening, reading, and writing), all of which must be administered to generate a valid score and
proficiency level/result.
Administration of the NYSESLAT runs from mid-April to mid-May. The first several weeks are devoted
solely to the administration of the speaking section. The last 2 weeks are devoted to the other 3 sections
as well as those students who were not administered the speaking section. Schools are not penalized for
administering the speaking section during the last 2 weeks. Schools are encouraged to send the Parent
Guide to the NYSESLAT to parents of ELLs (in their preferred language) before the administration of the
NYSESLAT.
Policy & Reference Guide August 2023 147
If a NYSITELL eligible student enters the school during the NYSESLAT administration window, the student
should first be administered the NYSITELL to determine ELL status. If the student is determined to be an
ELL, the student should also be administered the NYSESLAT to the extent possible.
NYSESLAT Administration Best Practices Overview & Planning Checklist for Principals
Schools must administer the New York State English as a Second Language Achievement Test (NYSESLAT)
to all ELLs annually to measure progress in English language development and to determine continued
eligibility for ELL services. For students to receive a valid score, schools must administer all sections
(speaking, reading, listening, and writing) of the NYSESLAT to students. The NYSESLAT is administered
from April to May. See the annual School Administration Manual for specific dates.
To ensure that schools are administering all parts of the NYSESLAT to all eligible students, principals
should work with their test coordinators to complete the following steps:
Identify coordinator(s)
Principals should identify an individual(s) to coordinate and execute the NYSESLAT administration. This
might be the school’s testing coordinator, and/or an ELL coordinator, certified teacher, or administrator.
The individual(s) should annually attend:
The Office of Assessment Spring Test Coordinator Training that covers NYSED and NYC DOE Policy
regarding school operations, test security, and test administration for state assessments
administered in the spring.
NYSESLAT administration and scoring training provided by your district and be familiar with
NYSED’s NYSESLAT School Administrator Manual. Contact your ML/ELL Director and/or ML/ELL
Compliance Performance Specialist for more information.
Identify eligible students
Download the ATS NYSESLAT Eligibility Roster (RLER) for a list of NYSESLAT-eligible students required to
take the NYSESLAT this spring. Note the number of NYSESLAT-eligible students at your school.
Refer to your monthly ELL Data Update Report (EDUR) to correct any missing data first. Eligible
ELLs will be missing from ATS RLER if there are incorrect home language codes, LEP flags, or
grade levels.
Identify students who reentered NYC public schools after having been outside NYS public schools
for more than 2 years.
For students who were identified as ELLs, but current ATS ELL/LEP codes indicate otherwise,
administer the NYSESLAT by completing blank NYSESLAT scan sheets.
Do not administer the NYSESLAT to students who were identified as English-proficient, but
current ATS ELL/LEP codes indicate otherwise or to students who, as a result of the Language
Proficiency Team process for students entering with IEPs, were not eligible for the NYSITELL.
Policy & Reference Guide August 2023 148
Inform families
Parents/guardians should also be informed of the dates of NYSESLAT testing and the purpose of the test.
They should also be notified of the prohibition of all cell phones and other electronic devices during
testing.
Use ATS RAPL or NYCSA to identify the preferred language of communication of families.
Provide the NYSED NYSESLAT Parent Guide in the family’s preferred language, and/or call the
families using appropriate interpretation services. For any NYSESLAT-eligible students who have
long-term absences, call their parents/guardians to ensure students are present during
scheduled exam times.
For more information on translation and interpretation resources, refer to the InfoHub.
Ensure you have sufficient test materials
Upon receipt of your NYSESLAT materials, count the number of booklets. Schools print answer
documents from the LTPR screen in ATS; for more information see the Scanning Handbook.
If you do not have sufficient numbers of materials, contact your Borough Assessment
Implementation Director (BAID).
Design schedule
Considerations while designing an administration schedule:
How many ELLs in each grade band are testing?
Review testing accommodations for students with IEPs and 504 Plans. How does your plan for
grouping students or usage of space incorporate these accommodations? For further information
on testing accommodations for ELLs, see NYSED’s ELL/ML Assessment & Testing
Accommodations page. You may also refer to a list of NYS approved accommodations that can be
found in the School Administrator's Manual (SAM) for each respective test.
What space is available for testing?
To administer the speaking subtest during the administration window, assign enough staff
members and adjust your school schedule as necessary to ensure that you can administer all
NYSESLAT-eligible students the speaking subtest during the administration window.
NYSED recommends that the administration of the NYSESLAT be broken up into multiple days to
minimize student fatigue. The testing days need not be consecutive if they are within the
appropriate testing window for the NYSESLAT.
Please be mindful of the students observing Ramadan (if it overlaps with test administration)
Note that staff members administering the NYSESLAT are not required to hold a bilingual or ESOL
license but must be able to carry out standard examination procedures, including the provision
of testing accommodations, and must have been trained in administering the NYSESLAT. Ensure
that your school has a plan for continuity of instruction.
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Note: Schools should maximize instruction time and substitute teachers to decrease
loss of instructional time during the testing window. ELLs and former ELLs are required
to receive their NYS Commissioner's Regulation (CR) Part 154 mandated stand-alone
and integrated ENL services during the testing window. It is recommended that short-
term substitutes with an ESOL license cover ENL services to the extent possible.
Train test proctors and scorers. Certified teachers and administrators can attend a professional
learning on the NYSESLAT administration and scoring to become proctors. Once a school-based
coordinator has attended a district session, they may provide a turnkey training to additional
teachers or administrators.
The turnkey training for the scoring of the NYSESLAT Speaking and Writing components consists
of these NYSED modules; this is the official resource for school-level turnkey trainings.
The student’s teacher (ENL, Bilingual, or Classroom Teacher) does not need to administer the
NYSESLAT. Consider providing training to any certified teacher or administrator. Start with
teachers with whom the students might already be comfortable to decrease test anxiety.
Considered this for the administration of the individually administered Speaking portion.
Track Completion & Ensure that all students eligible to take the NYSESLAT have been tested
Follow up with students who have not taken the NYSESLAT and their families to emphasize the
importance of the NYSESLAT by making them aware that the NYSESLAT determines their English
proficiency, whether a student will receive ENL and/or bilingual services the following school year and
contributes to promotion decisions.
Secure test materials
Always keep testing materials in a locked location. Teachers cannot take test materials home for scoring.
Consider providing a locked location that multiple staff can access so that if an individual must
quarantine, others can still access the materials.
NYSESLAT Frequently Asked Questions
General
Can the NYSESLAT be administered remotely?
No, the NYSESLAT must be administered in person.
When are exam make-up days?
The make-up date(s) can be any time within the designated testing period. Make-ups for any session
may not be administered after the last day of NYSESLAT administration (May 24, 2024). Any student who
is absent for any session of the assessment and does not make up that part will not receive an overall
scale score or proficiency level for the test.
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How many modalities can a student be tested on one day?
NYSED recommends that the administration of the NYSESLAT be broken up into multiple days to
minimize student fatigue. The testing days need not be consecutive if they are within the appropriate
testing window for the NYSESLAT.
Can the test be administered during afterschool programs?
No. The test must be administered during regular school hours of a school day.
What accommodations for ELLs with IEPs need to be considered in the schedule?
In general, students with disabilities must be provided with the testing accommodations specified in
their IEPs or 504 Plans when taking these tests, with the following exception: in the Writing section,
students may not receive assistance with, or have their responses corrected for, spelling, grammar,
paragraphing, or punctuation. See the NYC DOE NYSESLAT Assessment Memorandum for more
information.
When will the exams be delivered to schools?
NYSED/Metritech delivers all NYSESLAT test materials via UPS. For more details, see the NYC DOE
NYSESLAT Assessment Memorandum.
Staffing
Can ENL teachers proctor the NYSESLAT instead of providing stand-alone or integrated ENL instruction?
Current and former ELLs must still receive mandated stand-alone and integrated ENL instruction during
the testing window. Efforts must be made to ensure that the testing and proctoring schedule allows the
assigned ENL provider to continue providing the mandated ENL services as much as possible. For those
limited situations in which this is not possible, schools should plan continued support that may include
short-term substitute teachers to provide mandated services.
Can schools use a substitute teacher, with a valid NYS certification, to proctor and score the NYSESLAT?
Yes, certified substitute teachers that have attended a NYSESLAT training and are familiar with NYSED's
administration manual are allowed to administer the NYSESLAT; however, it is recommended that if a
substitute teacher is available, they are used to cover an instructional period to allow a different, full-
time teacher to administer the exam.
Answer sheets
Who can schools contact for support with printing of NYSESLAT scoring sheets?
For support with printing scoring sheets, schools can contact their Borough Assessment Implementation
Director (BAID).
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Will there be an option to bubble in on the student answer document for both refusal to test and
absent on test?
Students cannot refuse to test. As outlined in the NYSED School Administrator Manual, schools must
administer the NYSESLAT to all ELLs in Grades K12 regardless of their classification as a student with a
disability, or number of years of service.
Scoring
Who will score the assessments?
Schools score NYSESLAT in-house by printing answer documents from ATS and scanning completed
answer documents into ATS. NYSED scoring rules require that a teacher who is not the student’s teacher
of English as a New Language (ENL) or English language Arts (ELA) score the Speaking session. The
kindergarten test will include eight short constructed-response writing tasks. No one teacher is to score
more than three of these. For 1-12 grades, each session contains one constructed-response writing task.
No one teacher is to score more than one constructed-response prompt. No teacher who is a student’s
English as a New Language (ENL) or English Language Arts (ELA) teacher may score any of the
constructed-response questions in that student’s test booklets. The principal is responsible for making
the final determination as to whether a teacher may score specific students’ responses based on this
scoring policy.
Can teachers score the exams at home?
No. No one may take test materials out of schools except to transport them directly from one NYC DOE
building to another. Place all test books in a secure, locked facility before and after administration. All
books are secure, and no books may be used for instruction or professional development after the
administration and scoring of these tests. You may not make copies of any tests; to do so is a violation of
copyright laws and may invalidate test results.
How can a school score the writing/speaking if there are not enough teachers in the building to score
the exams?
Schools can train additional certified teachers and administrators by having them attending a NYC DOE
training or turnkey training provided by school staff. Teachers do not need to have an ESOL certification.
Turnkey trainings can be provided remotely.
Can schools use their own funding to pay per-session for scoring?
Yes, schools can use their own funding to pay per-session for scoring. Please note NYSESLAT
administration and scoring is not a Title III permissible activity since it is mandated and not
supplemental.
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Scanning
How can I ensure students’ results were properly captured after scanning?
Schools should run LTDS after scanning each batch to verify data was properly captured.
Page status for a tested document should reflect "ANS", indicating responses were captured.
Page status for an untested student should reflect the reason not tested.
Missing scores for Writing/Speaking will generate Error Code 054 - Missing Answers in Speaking
or Writing.
All teacher scored items must have a response bubbled; bubble the score and re-scan.
Health and Safety
What happens if a school goes fully remote during the testing window?
If a building closes on an administration date, schools can reschedule the test on a school day within the
test administration window.
What if a student misses a testing administration day due to illness or quarantine?
Individual students who are absent on their test administration day can be rescheduled to test on any
school day within the test administration window. Make-ups must be given within the test
administration window.
What will happen if staff administering the NYSESLAT or responsible for printing or scanning testing
documents are ill or goes into quarantine during the testing window?
Prepare for multiple contingencies by selecting staff intentionally. This can include an administrator, a
testing coordinator, and/or an ELL coordinator (if your school does not have an ELL coordinator, consider
including an ENL teacher or another certified teacher). They must attend a NYSESLAT administration and
scoring training provided by your district, be familiar with NYSED’s School Administrator Manual, and be
prepared to complete all tasks required for administration and scoring. Schools should also ensure that
multiple teachers on different grade levels with NYSESLAT test takers attend a district training or turnkey
training provided by in school staff.
Families
How are families being informed about NYSESLAT administration and the implications of the exam?
Schools should provide families with the NYSED NYSESLAT Parent Guide in the family’s preferred
language, and or/call the families using appropriate interpretation services. For more information on
translation and interpretation resources, see the InfoHub. Schools should keep records of outreach
conducted.
Policy & Reference Guide August 2023 153
How are families being informed of the results of the NYSESLAT?
Schools must notify families of the NYSESLAT results. Schools can send either the continued entitlement
letter (after NYSESLAT) or the non-entitlement letter (after NYSESLAT) and should keep copies of the
letters in the student’s cumulative folder.
In addition, schools can also share NYSED’s Parent Guide to Understanding the NYSESLAT Score Report
which is currently available in English, Spanish, Chinese, Arabic, Russian, and Bengali.
Special Circumstances
What should I do with answer documents for students enrolled in GED/TASC programs?
These students do not need to be tested; you do not need to print or scan any answer documents for
these students.
What should I do with answer documents for students who recently were determined to have exited ELL
status through CR Part 154’s alternate exit criteria?
They do not need to submit an answer document. You do not need to print or scan any answer
documents for these students.
In what grade should students eligible for alternate assessments be administered the NYSESLAT?
For NYSESLAT administration purposes, students eligible for alternate assessments are considered
ungraded. Therefore, the grade bubbled in on the answer document should be based on the NYSAA
Birthdate Ranges for Students with Disabilities Chart.
What should I do with answer documents for students who tested but do not respond to any questions
in a modality/session?
Fill in the NO response bubble on the answer document and submit.
What should I do with answer documents for NYSAA eligible students who, based on the NYSAA
Birthdate Chart, will take the NYSESLAT in a different grade band?
Before printing answer documents, indicate which students are NYSAA-eligible (there is a column to do
this on the print screen). Documents will be generated for those students for the appropriate grade
based on the Birthdate Ranges for Students with Disabilities Chart.
For general information about administering the NYSESLAT, including rubrics, see the School
Administrator Manual. For information on NYC-specific administration and scoring procedures, see the
NYSESLAT memo. For questions regarding NYSESLAT administration or materials, contact your Borough
Assessment Implementation Director (BAID). For questions regarding ELL policy, contact your ML/ELL
Director and/or ML/ELL Compliance Performance Specialist.
Policy & Reference Guide August 2023 154
Optional ELL Assessments
Below are some assessments that are optional for different groups of ELLs. The assessments are the ELL
Periodic Assessment and the Spanish Language Assessment NYC Performance Task.
ELL Periodic Assessment
The ELL Periodic Assessments are a supplemental component of the Periodic Assessment portfolio.
These assessments are designed to provide teachers with detailed information about their students’
strengths and needs in English language development and to serve as a resource to help plan individual
and group instruction.
Students’ knowledge of the English language is assessed in three modalities: reading, writing, and
listening. The assessment is offered in the same grade bands as the New York State English as a Second
Language Achievement Test (NYSESLAT) beginning in grade 3 (grades 34, 56, 78, and 912). These
assessments do not include oral response or constructed response sections. They are administered in
paper/pencil format and contain only multiple-choice questions. The assessments are not timed, but
they are designed to be administered in one class period.
ELL Periodic Assessments are specifically designed for ELLs and may provide more instructionally
relevant data about these students than ELA periodic assessments. Schools may use these assessments
in addition to their other periodic assessments. Schools that are focusing on ELLs as part of their inquiry
work may find these assessments, and the timely, detailed data they provide, to be especially valuable.
Schools can elect to administer the assessment during either or both windows:
Fall: September to October
Spring: February to March
For specific dates or more information, see the Periodic Assessment InfoHub.
Spanish Language Assessment NYC Performance Tasks (NYCPTs)
The Spanish Language Arts (SLA) Assessment NYC Performance Tasks (NYCPTs) is designed to provide
teachers with information about their students’ strengths and needs in Spanish literacy skills and
academic language development. These assessments are open-ended, skills-based, and standards -
aligned assessments that are administered three times during the school year. Teachers in Spanish
bilingual programs can use the assessment data to monitor students’ progress on the targeted skills
addressed in the assessment and facilitate learning opportunities for students to transfer literacy skills
between their home language and new language. The data can also help teachers strengthen the
alignment between English Language Arts and Spanish Language Arts instruction for students in Spanish
bilingual programs. Principals of Spanish bilingual programs can utilize the assessment data to identify
grade- or school-wide instructional priorities to better support the instructional core for their schools.
The SLA NYCPT is available for grades K-12. Students are required to read a set of Spanish informational
texts, identify, and analyze presented evidence, and then write evidence-based responses to text-based
Policy & Reference Guide August 2023 155
prompts in Spanish. Reading is conducted through teacher read-aloud for kindergarten students, and
student independent reading for grades 1 and 2. For grades K-2, a text is read aloud to the class, with
additional texts read independently in grades 1 and 2. Students in grades 3-12 independently read 2-3
passages about a theme or topic. After reading all texts, students complete an independent writing task
in the genre of informational writing for grades K-2, opinion writing for grades 3-5, and argument writing
for grades 6-12.
Schools with a Spanish bilingual program should consider administering both the SLA and ELA NYCPTs.
These two assessments share similar structure in design and administration format and are grounded in
familiar classroom activities such as read-aloud for grades K-2; both students and teachers do not need
to learn new processes for the SLA NYCPT, if they are already familiar with the ELA NYCPT. However,
unlike ELA NYCPTs, the SLA NYCPTs do not require answer sheet scanning. Teachers score student
responses using the last page of each student booklet before manually entering scores online in
Schoolnet.
For more information including administration dates, see the Periodic Assessment InfoHub. For
questions, email [email protected].
Policy & Reference Guide August 2023 156
Exemptions from the NYS English Language Arts Exam: Grades 3 to 8
Some ELLs are eligible for a one-time exemption from the New York State English Language Arts Exam in
grades 3 to 8. ELLs, who on April 1 of the year in which the ELA is administered, have been attending
school in the United States for less than one year may use the NYSESLAT instead of the ELA. For this
purpose, the United States School System (USSS) is defined as schools in the 50 States and the District of
Columbia and does not include Puerto Rico, the outlying areas, or the freely associated States. Students
may be exempted from only one administration of the ELA. See NYS SIRS Manual.
Helpful Hints: Business Rules for Calculating Months Enrolled in a United States
School System (USSS)
Admission/discharge on the same day = no enrollment.
1 day of enrollment in the month = 1 month of enrollment.
If the student is still active in September, count July and August as months of
enrollment.
Months in which students are enrolled as prekindergarten to grade 8 or
ungraded elementary are counted toward determining ELA exemption status.
If a student discharges to a non-US school, their enrollment in US schools does
not start over. Upon discharge, the months of enrollment will stop accruing and
when they re-enroll in NYCDOE, their months of enrollment resume from
where they left off.
The one-year exemption window does not have to be 12 consecutive months. In addition, students
enrolled anytime during a month, including July and August, are considered enrolled for that month. As
such, eligible students may be exempted from taking the ELA for the first year in which they are enrolled
during the ELA test administration period. Such students may not be exempted in subsequent years,
even if they have been enrolled in a USSS for less than 12 months. Months in which students are
enrolled in a USSS as pre-kindergarten to grade 8 or ungraded elementary are counted toward this 12-
month exemption window.
Helpful Hints: UYRE function in ATS
The UYRE function in ATS calculates the total years a student has been enrolled in NYC
public schools (accounting for discharges). This information is used to determine an
ELL’s eligibility for exemption from the NYS ELA test and to determine an ELL’s
promotion criteria. Schools should run the RETT report in ATS for a list of students who
may be exempt.
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Examples:
1. An ELL enrolls for the first time in a United States school in grade 3 in March 2014 and ends
enrollment by leaving the United States in June 2014 (four-month enrollment). The student re-
enrolls in a United States school in March 2015 as a grade 4 student and remains enrolled through
the end of the school year. If the one-time exemption occurred in 201314, even though the
student has been enrolled in a United States school for only six months as of the 201415 NYS ELA
test administration window (test is given in April), the student may not be exempted again in 2014
15, as the one-time exemption already occurred in 201314.
2. An ELL enrolls for the first time in a United States school in grade 3 on May 1, 2014 and does not
end enrollment. The student may be exempted from taking the NYS ELA test in 201415, as the
student has only been enrolled in a school in the United States for 11 months, May 1, 2014 March
31, 2015. (Note that April 2015 is not counted in determining if the student has been enrolled for
12 months in a school in the United States.)
There are no Regents exemptions permitted based on ELL status. For more information, refer to the
High School Academic Policy Guide.
Policy & Reference Guide August 2023 158
ELL Testing Accommodations
All ELLs and former ELLs for up to two years after testing out are eligible for ELL testing
accommodations, in addition to any accommodations on their IEPs or 504 Plans, if applicable. Schools
should determine which accommodations are required to maximize the potential for achievement on all
exams for each ELL at the beginning of the school year. ELLs are entitled to using those accommodations
for most assessments, including those that are teacher-made and State-mandated. ELLs are not entitled
to ELL testing accommodations on the NYSESLAT (unless the student has an IEP).
Schools may provide testing accommodations to ELLs, as needed, on all NYS ELA and content-area
assessments (meaning, mathematics, science, and social studies). Schools must make all necessary
arrangements to make these accommodations available for ELLs who need them.
ELLs with IEPs and 504 plans are always provided with the accommodations on their IEPs and 504s. All
ELLs and former ELLs for up to two years after testing out are entitled to the following accommodations:
Time extension (all exams): Schools may extend the test time for ELLs on NYS ELA and content-
area assessments and Regents examinations. Principals may use any reasonable extensions, such
as "time and a half" (the required testing time plus half that amount), in accordance with their
best judgment about the needs of the ELLs. Principals should consult with the student's
classroom teacher in making these determinations. However, there are no time limits.
Separate location (all exams): Schools are encouraged to provide optimal testing environments
and facilities for ELLs. NYS assessments may be administered to ELLs individually or in small
groups in a separate location.
Third reading of listening selection (English Language Arts exams only): Proctors may read the
listening passage three times to ELLs on grades 3-8 English Language Arts assessments and the
Regents Comprehensive Examination in English.
Bilingual dictionaries and/or glossaries: ELLs may use bilingual glossaries when taking State
examinations in all subjects except world languages, formerly languages other than English
exams (LOTE). The bilingual dictionaries and glossaries may provide only direct one-to-one
translations of words. Bilingual dictionaries and/or glossaries that provide definitions or
explanations are not permitted. Bilingual glossaries in the content areas are available for
download.
Simultaneous use of English and alternative language editions are not allowed for English
Language Arts examinations. For state examinations for which SED provides written translations,
ELLs may use both English and an alternative language edition of the test simultaneously.
However, they should be instructed to record all their responses in only one language. The
alternative language edition used by the student should be so indicated on the student's answer
sheet.
Oral translations for low-incidence languages are not allowed for English Language Arts
examinations. Schools may provide ELLs with an oral translation of a state examination when
there is no translated edition provided by SED. All translations must be oral, direct translations of
the English editions. Written translations are not allowed. No clarifications or explanations may
Policy & Reference Guide August 2023 159
be provided. Translators should receive copies of the English edition of the tests one hour before
administration.
Writing responses in the home language is not allowed for English Language Arts examinations.
ELLs making use of alternative language editions or oral translations of state examinations may
write their responses to the open-ended question in their home languages. Scoring the tests is
the responsibility of the school.
Next-Day completion of Testing. ELLs who have been granted the accommodation of extended
time and are scheduled to take two Regents Examinations on the same day may be approved by
the school principal for the accommodation of Next-Day Completion of a Regents Examination. If
Next-Day Completion is approved by the school principal, the student must complete the entire
morning examination and at least the first part (Part 1 or Part A) of the afternoon examination on
the date the Department scheduled the administration of those examinations. The student must
then complete the remainder of the afternoon examination on the next school day. Prior to
administration, the school principal must complete and submit to NYSED OSA an Assurance form.
For additional information, refer to this NYSED memo and FAQ on Next-Day Completion of
Testing for ELLs on Regents Administration .
Helpful Hint: NYSED Approved Accommodations for ELLs
A list of NYSED approved accommodations may be found in the School Administrator's
Manual (SAM) for each respective test. For a comprehensive list of ELL testing
accommodations, see NYSED’s website and scroll down for testing accommodations.
Policy & Reference Guide August 2023 160
Tiered Supports and Interventions for ELLs (MTSS, RTI, and AIS)
For each English language learner who scores below expected levels of performance on outcomes-based
measures, such as the annual English language proficiency (NYSESLAT) or ELA and math assessments, or
on literacy and math screening measures, such as Acadience, NWEA MAP Growth, or Renaissance STAR,
the school must determine additional supports to provide the student, taking into consideration
evidence such as the following:
Number of years of instruction in a bilingual education or English as a New Language program
English and home language literacy
Content area and socio-emotional support needs of students with inconsistent/interrupted
formal education (SIFE)
Results on the annual English language proficiency assessment exam (NYSESLAT)
Information from the bilingual education or English as a New Language teacher
Information from a content area teacher
Information from the parent or guardian
Samples of student work in English and, if possible, in the home language
Additional supports and interventions should not be withheld from a student based on English
proficiency. The supports or interventions provided should be based on the specific skills or needs that
have been identified for further support, accompanied by progress monitoring of those targeted areas,
with frequency and intensity adjusted based on student response to instruction (RTI).
Note: When considering whether to refer a student for initial evaluation or upon
receipt of a parent’s initial referral — the principal should ensure that sufficient
consideration has been given to alternatives to special education, including academic
intervention services, response to intervention (RtI), and more intensive instruction.
Considering these alternatives should not delay making or recording the initial
referral, obtaining parental consent for initial evaluation, or the initial evaluation
process.
For more information, refer to the “Consideration of Alternative Strategies” section
of the Special Education Standard Operating Procedures Manual and the guidance
provided by New York State Education Department.
Policy & Reference Guide August 2023 161
Professional Development
Per NYSED, each school must provide professional development to all teachers and administrators that
specifically address the needs of English language learners.
A minimum of fifteen percent (15%) of the 100 required professional development hours for all teachers
who hold a professional license prescribed by CR Part 80 must be dedicated to language acquisition,
including a focus on best practices for co-teaching strategies and integrating language and content
instruction for English language learners.
For all bilingual and English as a New Language teachers who hold a professional license, a minimum of
fifty percent (50%) of the required professional development hours must be dedicated to 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 English language learners.
Policy & Reference Guide August 2023 162
Promotion and Graduation Requirements
Grades K-8
NYC promotion standards are outlined in Chancellor’s Regulation A-501. Additional information
regarding how these policies pertain to ELLs is described in the Promotion Implementation Guide, as
well as in the Elementary and Middle School Academic Policy Guides.
High School Credit Accumulation and Graduation Requirements
There are some policies that schools should pay particular attention to when scheduling ELLs and
considering graduation requirements. While all ELLs are expected to fulfill the course and exam
requirements necessary to earn a diploma in New York State, some students are entitled to services and
supports, including testing accommodations.
In addition, ELLs who enroll in any United States school for the first time in grades 9-12 and who meet
other specific eligibility requirements may appeal to graduate with a lower score on the ELA exam. For
more information, refer to the High School Academic Policy Guide.
Also, note that students arriving from a foreign country may, in certain situations, receive credit for
living and attending school in a country where a language other than English is spoken. See the Transfer
Student Toolkit for information on this policy.
Grade and Cohort Placement for ELLs
Like all students, English language learners are placed into graduation cohorts based on the first time
they entered high school (or the equivalent) anywhere in the world. A student’s cohort year is fixed and
represents the student’s entry into high school.
However, in special circumstances, an ELL can be placed in a cohort other than their actual high school
entry year. This exception applies only to English language learners who fulfill certain criteria, outlined in
the High School Academic Policy Guide. Schools are encouraged to review these criteria and the policy
to determine if an ELL would benefit from a change in cohort.
Though cohort year is locked at the end of a student’s first year of NYC public high school based on their
grade level in ATS, schools may request a change to a student’s cohort using the UGNO command in ATS
for the following reasons:
The student’s cohort does not accurately reflect their ninth-grade entry year due to error (for
example, the student was assigned to an incorrect grade level at the end of the school year).
The student is a transfer student whose cohort was locked before the receipt of adequate
academic records to make a grade level determination, recognizing the guidelines provided in
Chancellor’s Regulation A-101.
Policy & Reference Guide August 2023 163
The student is an English language learner who fulfills the criteria below. In this case, the school
may make a one-time request to move the student to the cohort corresponding to the year
before their ninth-grade entry year, provided that:
The student has never had such a request granted before;
The student was newly arrived in the United States in their first year of high school and placed
directly into ninth grade;
The student is in exactly their second year of enrollment in high school;
The student is an English language learner and has a low level of literacy in their native language;
and
The school has determined, before the end of the second year of enrollment, that the proper
grade level of the student is still ninth grade.
UGNO requests must be accompanied by an explanation in the comment field. Note that students may
not be assigned to cohorts whose four-year graduation rate has already been reported to New York
State and on the Progress Report (meaning, “closed cohorts”). See Graduation Accountability for more
information.
New Arrival ELA Appeal
English Language Learners (ELLs) who entered the United States for the first time in grades 912 can
appeal to graduate with a score of 5559 on the ELA Regents exam. ELLs can earn a local diploma if they
successfully appeal a score of 5559 on the ELA Regents exam and score a 65 or above on the four
remaining exams; or successfully appeal a score of 5559 on the ELA Regents exam and successfully
appeal one other exam score of 60 to 64 and score 65 or above on the remaining three exams.
In addition, the Low Score Appeal is an appeal to graduate with a score of 60-64 on Regents Exams. In
March 2016, the New York State Board of Regents passed an emergency amendment to State
Commissioner’s Regulations Section 100.5 that allows students to appeal scores of 60-64 (expanded
from 62-64) on up to two Regents examinations, provided that they pass the remaining Regents exams
with a score of 65 or above and meet the additional criteria. Students can earn a Regents diploma if they
successfully appeal one exam score of 6064 and have a score of 65 or above on the four remaining
exams; students can earn a local diploma if they successfully appeal two exam scores of 6064 and have
a score of 65 or above on the three remaining exams.
For more information, on this and other high school academic policies, refer to the Appeal to Graduate
with Low Scores on Regents Examinations document and other pertinent documents on the Academic
Policy Resources InfoHub.
Policy & Reference Guide August 2023 164
School Resources
10 ELL-Related Items for a Successful Start of the School Year
10 Steps for ML/ELL Data Verification, Review, and Update
SY 2023-24 School ELL Compliance Calendar
Policy & Reference Guide August 2023 165
10 ELL-Related Items for a Successful Start of the School Year
Review the relevant sections in the Policy and Reference Guide for MLs/ELLs for in-depth information on
the items listed below. For ELL-related matters, contact your ML/ELL Director and/or ML/ELL Compliance
Performance Specialist.
1. Establish ELL identification team and systems to form Language Proficiency Teams (LPTs) to ensure
identification processes are completed.
Establish a team of trained pedagogues responsible for implementing the ELL identification
process year-round. This includes in-person completion of the Home Language Identification
Survey (HLIS), New York State Identification Test for English Language Learners (NYSITELL)
administration, Spanish Language Assessment Battery (LAB) administration (for students with
Spanish as their home language), sending parent notifications, holding parent orientations, and
placing students into an ELL program.
Identify staff who can serve on Language Proficiency Teams (LPTs) to assess NYSITELL eligibility for
incoming students with Individualized Education Programs (IEPs).
Develop a plan to provide translation & interpretation for families.
Ensure you have a list of pedagogues that speak languages other than English that can
interpret during the individual interview (as part of the HLIS). Only licensed and trained
pedagogues may conduct the individual interview and determine the home language
code of the student.
When staff is not available to interpret, refer to NYC DOE’s language access supports
for over-the-phone interpretation.
Train multiple teachers in NYSITELL administration to ensure continuity of instruction. Reach out
to your district for training opportunities.
Determine who will administer and scan the NYSITELL and Spanish LAB.
Mandated ELL services must be maintained throughout the identification process; establish a
plan to ensure students continue to receive ELL instruction.
Relevant resources:
NYSED Guidance: Determining English Language Learner/Multilingual Learner (ELL/MLL) Status of
and Services for Students with Disabilities
Language Access Supports
ELL Policy Guidance SharePoint
Policy & Reference Guide August 2023 166
2. Determine NYSITELL eligibility for students with a home language other than English.
Ensure that all newly enrolled students are administered the HLIS in person.
Once the HLIS has been administered in person by a licensed and trained pedagogue:
Enter a valid home language code from the HLIS into ATS for all students.
Update the HLIS flag in the ATS BIOU screen to “Y” for all students.
Determine NYSITELL eligibility for students whose home language is not English.
This includes a mandated individual interview and review of any work to determine
NYSITELL eligibility.
For incoming students with IEPs, convene the LPT to determine NYSITELL eligibility and
convey recommendations to the principal.
Relevant resources:
ELL Policy Guidance SharePoint
Parent Notification Letter InfoHub
NYSED Guidance: Determining English Language Learner/Multilingual Learner (ELL/MLL) Status of
and Services for Students with Disabilities
Language Proficiency Team InfoHub
3. Administer the NYSITELL and Spanish LAB to eligible students.
Ensure that your school has sufficient NYSITELL and Spanish LAB exams. Contact your Borough
Assessment Implementation Director (BAID) if you need extra exams right away.
ELL services must be maintained throughout the testing period; establish a plan to ensure
students continue to receive ELL instruction during test administration.
For students eligible to take the NYSITELL, print the NYSITELL via the RLBA screen in ATS.
Administer the NYSITELL to eligible students following appropriate procedures.
Scan the NYSITELL per procedures in the scanning handbook.
For students not eligible to take the NYSITELL, update the ELLO screen in ATS.
Note: The ELLO screen is only used for students whose home language is not English
in instances where qualified personnel have determined the student does not need to
be administered the NYSITELL and is not an ELL.
Administer the Spanish LAB to newly identified ELLs whose home language is Spanish.
Print the Spanish LAB answer documents via the RSLA screen in ATS.
Scan the Spanish LAB per procedures in the scanning handbook.
Policy & Reference Guide August 2023 167
Relevant resources:
NYSITELL and Spanish LAB InfoHub
Borough Assessment Implementation Directors
4. Send and maintain copies of notification letters to parents/guardians.
Designated staff should send appropriate notification letters to parents/guardians in their
preferred language:
Send entitlement/non-entitlement letters (after NYSITELL) within 5 school days of
identification. Note: Entitlement letters also include the invitation to the parent
orientation meeting.
Send continued entitlement letters (after NYSESLAT) for current ELLs.
Send non-entitlement letters (after NYSESLAT) for students who have exited ELL
services and are now former ELLs.
Maintain copies of parent notification letters (and translated versions) in the student’s cumulative
folder.
Relevant resources:
Parent Notification Letter InfoHub
5. Schedule parent orientation meetings and ensure the ELL Parent Survey and Agreement Form is
completed.
Determine the pedagogue(s) that will conduct the parent orientation including interpretation
support (if necessary). Parent orientations can continue to be conducted virtually.
Ensure parents/guardians receive all documents in their preferred language.
Ensure parents complete the ELL Parent Survey and Agreement Form within 5 school days of the
parent orientation. Follow up with parents/guardians as necessary.
After receipt of the ELL Parent Survey and Agreement Form, send the placement letter (after
parent survey).
If the parent/guardian does not return the ELL Parent Survey and Agreement form, send the
default program placement letter.
Keep all documents, including agendas, parent attendance documents, and copies of parent
notifications on file in the student’s cumulative folder.
Relevant resources:
Parent Orientation Video
Parent Notification Letters
Policy & Reference Guide August 2023 168
6. Update the ELPC or BNDC Screen with ELL program selection in ATS.
Ensure your staff records parent selection information in the ELPC screen in ATS including whether
the parent was provided with information about ELL programs. This information must typically be
entered in ATS within 20 school days of enrollment; 30 school days of enrollment for incoming
students with IEPs).
Note: Initial parent selection of the ELL program is entered through the ELPC screen in
ATS. Though discouraged, subsequent changes to the parent selection can be updated
on the BNDC screen. Documentation regarding any changes must be maintained in the
student’s cumulative folder.
7. Identify Students with Inconsistent/Interrupted Formal Education (SIFE).
Schools must administer the NYSED Oral Interview Questionnaire to all newly identified ELLs in
grades 3 to 9 whom the school suspects may have a gap in education or may have inconsistent
education.
If a gap of two or more years is determined, qualified personnel must administer the NYSED
Multilingual Literacy SIFE Screener (MLS) to determine SIFE status. The MLS is currently available
in these languages. Ensure interview notes, academic and assessment history, and work samples
are collected and maintained in the student’s cumulative folder.
Administer the SIFE writing screener to determine the student’s basic writing skills in their home
language.
SIFE status must be determined within 30 school days of enrollment and entered into the BNDC
screen in ATS.
Relevant resources:
NYSED SIFE Identification flowchart
NYSED SIFE Q&A
NYSED SIFE Resources
SIFEshare
8. Review Student Data and Program Students.
Review students’ latest NYSITELL or NYSESLAT scores as well as other relevant data.
Program ELLs and former ELLs according to parent selection and CR Part 154 requirements.
Regardless of the ELL program type (dual language bilingual education, transitional bilingual
education, or English as a New Language), all students must be programmed for the minimum
amount of minutes of English as a New Language (ENL) as per CR Part 154.
Schedule students for integrated ENL and stand-alone ENL based on grade and proficiency level.
Policy & Reference Guide August 2023 169
Program students who exit ELL status for 90 minutes per week of ENL or one of the options
outlined in Alternative Pathways for Former ELLs.
Strategically program students so that teacher time is maximized in the classroom engaged in
providing instruction to ensure that ELLs receive their full complement of mandated units of ENL
and subject area content.
Review staff certifications for personnel who can provide mandated ENL or bilingual services.
Hire appropriately certified ENL and bilingual teachers.
Relevant Resources:
CR Part 154
Programming ELLs in STARS Wiki
Alternative Pathways to Support Former ELLs’ Language Development and Academic Progress
9. Plan for bilingual programs.
Review ELL Parent Survey and Agreement forms and keep track of the number of parents that
selected a bilingual program. Keep in mind that if families do not return the parent and survey
agreement form, the default placement is a bilingual program.
Create a plan if there are sufficient parent requests for a Dual Language Bilingual Education or
Transitional Bilingual Education program. CR Part 154, as amended by the Aspira Consent Decree,
requires that schools create bilingual programs if the thresholds below are met:
Grades K-8: 15 or more ELLs of the same home language in two contiguous grades.
Grades 9-12: 20 or more ELLs of the same home language in any single grade.
Please contact your ML/ELL Director and/or ML/ELL Compliance Performance Specialist for more
information.
If parents request a bilingual program and one is not available at your school and your school does
not meet the threshold to open a bilingual program, follow the procedures to request an ELL
bilingual program transfer.
10: Develop and finalize school-level plans to ensure the needs of ELLs and teachers are met.
All schools are required to submit a Language Allocation Policy (LAP) for school year 2023-24.
Principals must submit and certify a final plan that addresses the feedback provided by ML/ELL
staff in iPlan by October 27.
All schools that received Title III LEP funding should submit their plan in iPlan and ensure alignment
with the requirements outlined in the School Allocation Memo. If this has not been completed,
please contact your ML/ELL Director and/or ML/ELL Compliance Performance Specialist.
Policy & Reference Guide August 2023 170
Title III Immigrant funds will be distributed in Fall 2023. Schools that receive these funds will have
to develop and submit a plan in iPlan. Additional details will be shared in late Fall 2023.
All schools should develop a professional development plan to ensure the following professional
learning requirements are met for all teachers as per CR Part 154:
15% of total hours of PD must be ELL-specific for all teachers
50% of total hours of PD must be ELL-specific for bilingual education and ENL teachers
Provide all staff with professional development on using student data to drive instruction,
implement interventions, and create Title III plans if the school qualifies for funds.
Relevant Resources:
LAP InfoHub
Title III InfoHub
Policy & Reference Guide August 2023 171
10 Steps for ELL Data Verification, Review, and Update
To ensure proper support is provided to schools (fiscal and other resources), NYC public schools must
review and update their data as necessary to reflect accurate services provided to MLs/ELLs and former
ELLs (for up to 2 years after exiting ELL status).
Please review the checklist below and update the data, as necessary. Schools should review all students’
data in STARS and ATS on a regular basis to ensure accurate programming.
To facilitate this process, below is a checklist of items to review.
Review and Update Items in ATS
1. Identify students who are entering NYC public schools and or were in an NYS public school within
the past 2 years.
Next Steps: These students must have their NYSITELL and NYSESLAT information (if
available from the NYS public school outside of NYC public schools) entered into ATS; the
student’s ELL status will be automatically updated accordingly. Scores will change ELL
status only for those students whose home language is other than English (HL code “NO”).
2. Identify students who do not have a home language code.
Next Steps: Enter the home language through BIOU or the ELLO screens based on the
results of the Home Language Identification Survey. The HL code can be updated through
the ELLO screen if the student is a new admit after July or a reentry student after being out
of NYC public schools for more than 2 years. If the home language code was entered in
error, please contact your ML/ELL Director and/or ML/ELL Compliance Performance
Specialist.
Next Steps: Once the HLIS is formally administered, update the HLIS flag in the ATS BIOU
screen to “Y.”
3. Identify students who have a home language other than English but do not have English language
development needs and should not take the NYSITELL. These students are not considered ELLs.
This includes students without IEPs (via the mandated individual interview) and incoming students
with IEPs whose NYSITELL eligibility was determined by the Language Proficiency Team (LPT),
principal, and superintendent.
Next Steps: Enter NYSITELL non-eligibility information into the ELLO screen.
4. Ensure all NYSITELL and Spanish LAB answer documents have been printed and scanned.
Next Steps: Review and address any potential NYSITELL scanning errors through the RLCB
report in ATS. Review the NYSITELL InfoHub for specific administration information, as
necessary. Identify students whose parent selection/ELPC information has not been
entered.
Policy & Reference Guide August 2023 172
Next Steps: Answer questions and update ELPC in ATS based on the initial parent survey
completed within 10 school days of enrollment (20 school days for students with an IEP)
6. Identify students whose SIFE status needs to be determined and updated.
Next Steps: Update the BNDC screen in ATS to indicate if the student is a SIFE. SIFE status
is only requested for newly admitted ELLs who have been in the US less than one year and
are in grade 3 or above.
7. Identify students for whom an appeal on ELL status was requested within 45 days of initial or
reentry determination as per the Re-Identification process.
Next Steps: Principals use the RQSA function in ATS to make the recommendation to
reverse the ELL status; superintendents use the RQGA function to approve/disapprove.
8. Identify the number of teaching assistants/instructional paraprofessionals working under a
licensed bilingual teacher and/or ENL teacher.
Next Steps: Update the BNDC screen in ATS. If there are no teaching assistants or
paraprofessionals in this category, type zero (0) on the respective lines in BNDC.
Review and Update Items in STARS
9. Ensure all ELLs and former ELLs who tested out within the past 2 years have been scheduled for a
minimum of ENL as per CR Part 154 mandates. Students who tested out of ELL status within the
past 2 years should be scheduled for 90 minutes of integrated ENL OR one of the options outlined
in the Alternative Pathways for Former ELLs.
Next Steps: Schools should review all ELLs and former ELLs’ STARS programming data to
ensure full compliance with NYSED regulations.
Update STARS for any student who is receiving ENL but has not been scheduled for ENL in
STARS. See Programming English Language Learners in STARS.
10. Identify students who are enrolled in a bilingual program (dual language bilingual education or
transitional bilingual education).
Next Steps: If your school offers a dual language (DLBE) or transitional bilingual education
(TBE) program, you will need to first create the program in STARS.
Once the program is set up, you will need to place the students in the program. MLs/ELLs
(and non-ELLs in dual language bilingual education programs) must be placed in the
program in STARS if they are served in a bilingual program.
See STARS online wiki for more information. For ENL, see Programming English Language
Learners in STARS. For bilingual programs, see School Programs - Bilingual Programs.
Policy & Reference Guide August 2023 173
SY 2023-24 School ELL Calendar
Select Month:
September
October
November
December
January
February
March
April
May
June
July
August
Ongoing tasks throughout the entire school year
ELL Identification Procedures
Administer the Home Language Identification Survey (HLIS) to all newly admitted students in grades
K-12 to NYC public schools in the parents’ preferred language.
Form Language Proficiency Teams (LPTs) to determine NYSITELL eligibility for incoming students
(grades K-12) with IEPs. See the Language Proficiency Team Resources InfoHub.
Administer the NYSITELL to newly enrolled students whose home language is not English and are
determined eligible for the NYSITELL. Review NYSITELL-Eligibility report (RLER) which lists students who
may be administered NYSITELL. Print the NYSITELL answer documents for eligible students using the
RLBA function in ATS; enter information for ineligible students into the ELLO screen in ATS.
Administer the Spanish LAB to newly identified ELLs whose home language is Spanish.
Send parent notification letters to parents, including entitlement, non-entitlement, and continued
entitlement letters.
Invite parents of newly identified ELLs to parent orientation meetings to explain the ELL program
options in NYC. Show parent videos in parents’ preferred languages. Enter initial parent selection into
the ELPC screen in ATS.
Ensure that copies of the HLIS and notification letters sent to parents are maintained in the ELL Folder
of Critical Documents. Place the HLIS, the ELL parent survey and program agreement, and parent
notification letters in student cumulative folders.
Identify Students with Inconsistent/Interrupted Formal Education (SIFE). Schools must administer the
NYSED Oral Interview Questionnaire to all newly identified ELLs in grades 3 to 9 whom the school
suspects may have a gap in education or may have inconsistent education. If a gap of two or more
years is determined, the school should administer the Multilingual Learner Literacy SIFE screener to
those students to determine SIFE status. SIFE status must be determined within 30 school days of
enrollment and entered into the BNDC screen in ATS. Enter SIFE status within 30 school days into the
BNDC screen.
Policy & Reference Guide August 2023 174
Data system updates
Complete ELPC screen (in ATS) for all newly identified ELLs within 20 days of enrollment.
Update BNDC screen (in ATS) for numbers of paraprofessionals working under the direction of a
licensed ENL and/or bilingual teacher for academic purposes.
Student Programming
Schedule students based on grade/proficiency level. Refer to CR Part 154 Unit of Study tables.
Schedule ELLs for ENL, as necessary, based on spring NYSESLAT results (use RLAT report in ATS) and
other available data (for example, NYSITELL for newly identified ELLs).
Schedule former ELLs for 90 minutes of ENL or one of the options outlined in the Alternative
Pathways for Former ELLs.
Ensure that all programming information is accurately recorded in STARS.
Note: Regardless of ELL program type (Dual Language Bilingual Education, Transitional
Bilingual Education, or ENL), all students must be programmed for ENL as per CR Part
154.
Program Planning
Plan for bilingual programs. Review ELL Parent Survey and Program Agreement forms; keep
records of numbers of parents that choose a bilingual program. Schools are required to form
bilingual education classes in grades K-8 when there are 15 or more ELLs of the same language in
two contiguous grades, and in grades 9-12 when there are 20 or more ELLs in any single grade. If
thresholds are met, CR Part 154 mandates the opening of a bilingual program. Reach out to your
ML/ELL Director or ML/ELL Compliance Performance Specialist for more information.
Ensure your school has enough ENL teachers to serve all ELLs in a high-quality program that meets
all requirements under CR Part 154.
Policy & Reference Guide August 2023 175
September
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Review Checklist of 10 ELL-Related Items for a Successful Start of the School Year.
Ensure you have a test administration plan in place, including who will administer and scan the
NYSITELL and Spanish LAB. Train multiple teachers on administration to ensure ELLs continue to
receive instruction during testing.
Students should be programmed in STARS by the first day of school. Make sure to update ENL and
bilingual programming in STARS (if applicable).
Update your Language Allocation Policy (LAP) based on ML/ELL staff feedback in the iPlan portal.
Final plans are due by October 27.
If applicable, update Title III LEP plans based on ML/ELL staff feedback in the iPlan portal. Final
plans are due by October 27.
Implement Title III LEP plans, as necessary. Make sure to notify parents/guardians regarding the
Title III LEP program at your school. You may refer to the sample letter available on the Title III
Infohub.
Administer ELL Periodic Assessments.
Plan for the implementation of testing accommodations for ELLs.
Order translated versions of the math and other exams for grades 3 to 8 for ELLs as appropriate.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
October
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning as necessary.
Ensure final LAP and Title III LEP plans that incorporate ML/ELL staff feedback are submitted in the
iPlan portal by October 27.
Implement Title III LEP plans and ensure funds have been scheduled appropriately. Make sure to
notify parents/guardians regarding the Title III LEP program at your school. You may refer to the
sample letter available on the Title III Infohub.
If applicable, submit Title III Immigrant plans via the iPlan portal.
Administer ELL Periodic Assessments.
Plan for the implementation of testing accommodations for ELLs.
Policy & Reference Guide August 2023 176
Order translated versions of the Regents exams for ELLs as appropriate for the January
administration.
If your school has a bilingual program, verify programming in STARS.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
November
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
If your school has a bilingual program, verify programming in STARS.
Plan for the implementation of testing accommodations for ELLs.
Ensure that all Title III LEP funds have been scheduled appropriately, Title III LEP plans have been
implemented and parents/guardians have been notified regarding Title III programs at your school.
If applicable, submit a Title III Immigrant plan in the iPlan portal. Revise plan as needed to
incorporate feedback.
Monitor grant expenditures (for example, Title III LEP).
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
Review ELL Data Analysis Tool (EDAT). Refer to EDAT Walkthrough Recorded Module for more
information on interpreting the EDAT.
December
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
If applicable, submit a Title III Immigrant plan in the iPlan portal. Revise plan as needed to
incorporate feedback.
Ensure that all Title III funds have been scheduled appropriately and Title III plans have been
implemented and funds are expended as per requirements outlined in the School Allocation
Memorandum.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
January
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Policy & Reference Guide August 2023 177
Identify ELLs at risk for holdover. Review promotional policy for ELLs.
Order NYSESLAT exams.
Monitor grant expenditures (for example, Title III).
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
February
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Administer ELL Periodic Assessments.
Order translated versions of the Regents exams for ELLs as appropriate for the June
administration.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
March
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Administer ELL Periodic Assessments.
Prepare to administer the NYSESLAT. Ensure you have a test administration plan in place, including
who will administer and scan the exam. Ensure multiple teachers are trained on test administration
to ensure ELLs continue to receive instruction during testing.
Ensure that all Title III funds have been scheduled appropriately and Title III plans have been
implemented.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
April
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Administer the NYSESLAT.
Ensure all translated versions of relevant NYS exams have been ordered.
Monitor grant expenditures (for example, Title III).
Policy & Reference Guide August 2023 178
Analyze ELL data and trends in the ELL Data Analysis Tool (EDAT) to begin planning for the following
year via the Language Allocation Policy (LAP). Refer to EDAT Walkthrough Recorded Module for
more information on interpreting the EDAT.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
May
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Administer the NYSESLAT and begin scoring.
Administer the Chinese Reading Test and Spanish Language Arts Assessment (SLA) as necessary.
Review promotional policy for ELLs.
Review monthly ELL Data Update Report (EDUR) and update ATS and STARS accordingly. Refer to
Unpacking the EDUR recorded module for more information on interpreting the EDUR.
Update LAP for the upcoming school year.
June
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Begin (On June 1) administering the NYSITELL to students transitioning to kindergarten.
Prepare for ELL Summer Enrichment programs.
Identify ELLs mandated for summer school, prepare letters, and finalize programs.
Initiate ELL teacher and student recruitment for next school year, as necessary.
Review end of year summary ELL Data Update Report (EDUR).
Submit a draft of Language Allocation Policy (LAP) for the upcoming school year in the iPlan portal.
If applicable, submit Title III LEP plan in the iPlan portal.
July
Refer to ongoing tasks throughout the school year and complete ELL identification procedures,
data system updates, student programming, and program planning, as necessary.
Begin (July 15) administering the NYSITELL to students entering grades 1 to 12 in September.
Commence summer programming for ELLs.
If not already submitted, submit a draft of Language Allocation Policy (LAP) for the upcoming
school year in the iPlan portal. Revise plan to incorporate any feedback from ML/ELL staff.
Policy & Reference Guide August 2023 179
If applicable, submit Title III LEP plan in the iPlan portal. Revise plan to incorporate any feedback
from ML/ELL staff.
Schedule Title III School budgets in Galaxy following the percent threshold recommendations in
the School Allocation Memorandum.
Order translated versions of the Regents exams for ELLs as appropriate for the August
administration.
August
Refer to and complete ELL identification procedures, data system updates, student programming,
and program planning, as necessary.
Begin (on July 15) administering the NYSITELL to students entering grades 1 to 12 in September.
If not already submitted, submit a draft of Language Allocation Policy (LAP) for the upcoming
school year in the iPlan portal. Revise plan to incorporate any feedback from ML/ELL staff.
If applicable, submit Title III LEP plan in the iPlan portal. Revise plan to incorporate any feedback
from ML/ELL staff.
Students should be programmed in STARS by first day of school. Make sure to update ENL and
bilingual programming in STARS.
Policy & Reference Guide August 2023 180
School Forms
Comprehensive Education Plan: Language Allocation Policy (LAP), Title III Plans
ELL Identification Forms
Bilingual Education Programs: Opening and Adjustment Protocols
Parent Notification Letters
Bilingual Program Transfer Request and Authorization Forms
Comprehensive Education Plan: Language Allocation Policy (LAP), Title III Plans
The Language Allocation Policy and Title III templates are available on the Infohub pages listed below. All
plans must be submitted through the iPlan portal.
Language Allocation Policy (LAP) Template
Please refer to the LAP template available on the Language Allocation Policy InfoHub.
Title III Templates
Please refer to the Title III LEP template available on the Title III InfoHub.
Schools can also use this sample letter available on the Title III InfoHub to communicate with
families regarding the school's Title III LEP program.
ELL Identification Forms
Parent/Guardian Home Language Identification Survey (HLIS)
HLIS Individual Interview Sample Questions Grades K-1
HLIS Individual Interview Sample Questions Grades 2-5
HLIS Individual Interview Sample Questions Grades 6-8
HLIS Individual Interview Sample Questions Grades 9-12
Language Proficiency Team (LPT) NYSITELL Determination Form
NYS Transfer ELL Data Request Form
Bilingual Education Program Opening and Adjustment Protocols
Please refer to the Bilingual Education Program Opening and Adjustment Protocols on the Policy &
Reference Guide InfoHub for fillable versions of these forms:
Opening New Bilingual Program (TBE/DLBE) Request Form
Bilingual Program (TBE/DLBE) Adjustment Request Form
Policy & Reference Guide August 2023 181
Parent Notification Letters
Schools should refer to the Parent Notifications InfoHub to access translations or fillable versions of the
letters to share with families. Schools must maintain copies of these parent notifications in the student’s
cumulative folder and in their ELL Folder of Critical Documents.
Communicate NYSITELL results
These letters must be sent to parents/guardians within 5 days of ELL determination.
Entitlement Letter (after NYSITELL)
Non-Entitlement Letter (after NYSITELL)
Determine ELL program selection and communicate ELL placement
ELL Parent Survey and Program Agreement
Placement Letter (After Parent Survey)
Default Program Placement Letter (Letter Not Returned from Parent)
Communicate NYSESLAT Results
Continued Entitlement Letter (after NYSESLAT)
Exit/Non-Entitlement Letter (after NYSESLAT)
Bilingual Program Transfer Forms
Schools should refer to the Bilingual Program Transfers Infohub to access translations or fillable versions
of the forms below to share with families.
Family Request for Bilingual Program Transfer
Family Authorization for Bilingual Program Transfer
Policy & Reference Guide August 2023 182
HLIS Individual Interview Sample Questions
HLIS Individual Interview Sample Questions Grades K-1
The following sample questions may be used during the ELL Identification Process. They are provided by
the New York State Education Department and were created by practitioners in the field.
New York State Education Department
CR Part 154 ELL Identification Process
Individual Interview Sample Questions
Grades K-1
Student Name: ____________________________ Date: ___________________
1. What is your name?
2. How old are you?
3. Can you tell me about someone in your family?
4. What do you like to do with your friends?
5. What shows do you like to watch on TV?
6. What foods don’t you like? Why?
7. How is a dog different from a cat? How is a dog the same as a cat?
8. What is your favorite story? Can you tell me about it?
9. What would you do if you fell down and hurt your knee?
Policy & Reference Guide August 2023 183
HLIS Individual Interview Sample Questions Grades 2-5
The following sample questions may be used during the ELL Identification Process. They are provided by
the New York State Education Department and were created by practitioners in the field.
New York State Education Department
CR Part 154 ELL Identification Process
Individual Interview Sample Questions
Grades 2-5
Student Name: _____________________ Date: ___________________
1. What is your name?
2. How old are you?
3. When is your birthday? What would you want to do on your next birthday?
4. What is your favorite game? Tell me how to play it.
5. What do you like to do with friends and family?
6. What foods don’t you like? Why?
7. How is a banana different from an orange? How is a banana the same as an orange?
8. What is your favorite story? Can you tell me about it?
9. If you could have one wish, what would it be? Why?
Policy & Reference Guide August 2023 184
HLIS Individual Interview Sample Questions Grades 6-8
The following sample questions may be used during the ELL Identification Process. They are provided by
the New York State Education Department and were created by practitioners in the field.
New York State Education Department
CR Part 154 ELL Identification Process
Individual Interview Sample Questions
Grades 6-8
Student Name: _____________________ Date: ___________________
1. What is your name?
2. Where do you live?
3. Please tell me about someone in your family.
4. What do you like to do on the weekends?
5. What shows do you like to watch on TV?
6. What kind of music do you not like to listen to?
7. How is a television different from a computer? How is a television the same as a computer?
8. Tell me about a special place you have been to. What made it special?
9. Your best friend is crying. What would you do?
Policy & Reference Guide August 2023 185
HLIS Individual Interview Sample Questions Grades 9-12
The following sample questions may be used during the ELL Identification Process. They are provided by
the New York State Education Department and were created by practitioners in the field.
New York State Education Department
CR Part 154 ELL Identification Process
Individual Interview Sample Questions
Grades 9-12
Student Name: _____________________ Date: ___________________
1. What is your name?
2. Where do you live?
3. Tell me about a special person in your life.
4. What kind of stories do you like to read?
5. What is your favorite TV show? Why?
6. What job would you never want to do? Why?
7. How is a car different from a motorcycle? How is a car the same as a motorcycle?
8. Tell me something I might not know about the place you were born.
9. What would you do if there was a fire in the house?
Policy & Reference Guide August 2023 186
Superintendent Resources
NYSITELL Determination Template Letters
Please refer to the Language Proficiency Team Resources InfoHub for template letters that include the
following:
Superintendent Approval Letters indicating NYSITELL should not be administered
Letter to Parent or Guardian (translated into 9 DOE supported languages)
Letter to School
Superintendent Denial Letters indicating NYSITELL should be administered
Letter to Parent or Guardian (translated into 9 DOE supported languages)
Letter to School
Policy & Reference Guide August 2023 187
The New York City Department of Education
52 Chambers Street
New York City, NY 10007
Phone: (718) 935-2000
https://www.schools.nyc.gov