Policy and Reference Guide for Multilingual Learners/English Language Learners

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 student’s 
cumulative folder. 
o include list of documents that must be kept for both the student’s 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 K–12 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

(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

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.

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.

Prior to February 1, 2014, ELLs were identified through the Language Assessment Battery—Revised (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.”

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.

For additional information, please refer to NYSED’s Memo on Provision of Educational Services for

Recently Arrived Unaccompanied Children and Youth.

See NYSED’s Memo on Provision of Educational Services for Recently Arrived Unaccompanied Children and Youth.

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

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

in the United States, including the District of Columbia and the

Commonwealth of Puerto Rico and the outlying areas4F

, 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

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.

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.”

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

(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

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 students—referring 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 
[email protected].  
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 
[email protected]. 
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 “D” next 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

[email protected].

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

, 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

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 student’s 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 student’s 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

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.

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

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

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

grade former ELLs performed exceptionally well in their 9

grade biology class. A

recommendation was made for them to take AP Environmental Sciences as 10

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 154‐2: TBE Units of Study Requirements (Grades K to 8)

Figure 17: CR Part 154 TBE Unit of Study Requirements (Grades K to 8)7F

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

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

TOTAL ENL

(Language

Arts)

360

minutes per

week

360 minutes per

week

180 minutes per

week

180 minutes

per week

N/A

Source: Adapted from CR Part 154-2 (K-8) Transitional Bilingual Education Program (Updated as of May 6, 2015)

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

Minimum of 2

Minimum of 1

Minimum of

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

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.

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 154‐2: TBE Units of Study Requirements (Grades 9 to 12)

Figure 19: CR Part 154 TBE Unit of Study Requirements (Grades 9 to 12)10F

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

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

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 1

N/A

AWARDING

CREDITS

STAND-ALONE

ENL

INTEGRATED ENL

HOME LANGUAGE

ARTS

BILINGUAL

CONTENT AREA

Source: CR Part 154-2 (9-12) Transitional Bilingual Education Program (Updated as of May 6, 2015)

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

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

, 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

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.

See Blueprint for English Language Learner/Multilingual Learner Success.

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

. 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.

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 154‐2: 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

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

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

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.

Source: CR Part 154-2 (K-8) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).

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

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)

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 154‐2: 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

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

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

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

Source: CR Part 154-2 (9-12) English as New Language Units of Study and Staffing Requirements (Updated as of May 6, 2015).

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 154‐2: ENL Staffing Requirements (Grades 9 to 12)

Figure 24: CR Part 154 ENL Staffing Requirements (Grades 9 to 12)22F

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

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

ARAUCANIAN

Araucanian

ADANGME

Adangme

AFROASIATIC

Afroasiatic

AFRIKAANS

Afrikaans

AMHARIC (AKA ETHIOPIAN)

Amharic (aka Ethiopian)

ACHOLI

Acholi

AKAN

Akan

ALBANIAN

Albanian

ARMENIAN

Armenian

AMOY (A.K.A.FUKIENESE)

Chinese

ARABIC

Arabic

ASSAMESE

Assamese

ARAWAK

Arawak

AYMARA

Aymara

AZERBAIJANI (AKA AZERI)

Azerbaijani (aka Azeri)

BALANTE

Balante

BEMBA

Bemba

BELORUSSIAN

Belorussian

BENGALI (BANGLA IN BANGLADESH)

Bengali (Bangla)

BHILI

Bhili

Policy & Reference Guide August 2023 115

Entry

Code

Entry Description

Entry Description for Report

BIHARI

Bihari

BALUCHI

Baluchi

BAMBARA

Bambara

BOSNIAN

Bosnian

BASQUE

Basque

BRAHUI

Brahui

BURMESE

Burmese

BRETON

Breton

BULGARIAN

Bulgarian

BASSA

Bassa

BALINESE

Balinese

CHAM

Cham

CEBUANO

Cebuano

CHINESE-DIALECT UNKNOWN/OTHER

Chinese

CHINESE/ANY

Chinese

CHECHEN

Chechen

CANTONESE

Chinese

CHINESE/ANY-SPANISH

Chinese

CATALAN

Catalan

CHUUKESE (TRUKESE)

Chuukese (Trukese)

CZECH

Czech

DARI/FARSI/PERSIAN

Dari/Farsi/Persian

DAGOMBA

Dagomba

Policy & Reference Guide August 2023 116

Entry

Code

Entry Description

Entry Description for Report

DYULA

Dyula

DANISH

Danish

DUTCH

Dutch

DZONGKHA

Dzongkha

GUYANESE CREOLE (GUYANESE/ENGLISH-

BASED)

Guyanese Creole

(Guyanese/English-based)

ESTONIAN

Estonian

EWE

Ewe

GUIANESE CREOLE (GUYANAIS/FRENCH-

BASED)

Guianese Creole

(Guyanais/French-based)

FRENCH-HAITIAN CREOLE

Haitian Creole

FIJIAN

Fijian

FRENCH-KHMER

French-Khmer

FLEMISH

Flemish

FINNISH

Finnish

FON

Fon

FRENCH

French

FANTI (AKA FANTE)

Fanti (aka Fante)

FULANI

Fulani

GALICIAN

Galician

GEORGIAN

Georgian

GARIFUNA

Garifuna

GILBERTESE (KIRIBATI/KIRBATESE)

Gilbertese (Kiribati/Kiribatese)

Policy & Reference Guide August 2023 117

Entry

Code

Entry Description

Entry Description for Report

GUJARATI

Gujarati

GREEK

Greek

GALLA

Galla

GURMA

Gurma

GREBO

Grebo

GERMAN

German

GUARANI

Guarani

HAITIAN CREOLE

Haitian Creole

HEBREW

Hebrew

HUNGARIAN

Hungarian

HINDI

Hindi

HMONG

Hmong

HAUSA (HAOUSSA)

Hausa (Haoussa)

IBO

Ibo

ICELANDIC

Icelandic

ILOCANO

Ilocano

INDONESIAN (AKA BAHASA)

Indonesian (aka Bahasa)

IRISH (GAELIC)

Irish (Gaelic)

ITALIAN

Italian

JAPANESE

Japanese

PIJIN (SOLOMONS PIDGIN)

Pijin (Solomons Pidgin)

JAMAICAN-CREOLE

Jamaican-Creole

JOHKHA

Johkha

Policy & Reference Guide August 2023 118

Entry

Code

Entry Description

Entry Description for Report

KISSI (KISI)

Kissi (Kisi)

KONKANI

Konkani

KASHMIRI

Kashmiri

KAMBA

Kamba

KACHI

Kachi

KANNADA

Kannada

KABRE

Kabre

KAFIRI

Kafiri

KANARESE

Kanarese

KHMER (CAMBODGE)

Khmer (Cambodge)

KIKUYU

Kikuyu

KRIO

Krio

KANURI

Kanuri

KOREAN

Korean

KPELLE

Kpelle

KAQCHIKEL (CAKCHIQUEL/CACHIQUEL)

Kaqchikel (Cakchiquel/Cachiquel)

KAREN

Karen

KHOISAN

Khoisan

KURDISH

Kurdish

KHOWAN

Khowan

KABYLE

Kabyle

KAZAKH

Kazakh

LAO

Lao

Policy & Reference Guide August 2023 119

Entry

Code

Entry Description

Entry Description for Report

LUGANDA

Luganda

LOMA

Loma

LINGALA

Lingala

LUO

Luo

LITHUANIAN

Lithuanian

LUBA

Luba

LATVIAN

Latvian

LUNYANKOLE

Lunyankole

MACEDONIAN

Macedonian

MANDINKA (AKA MANDINGO)

Mandinka (aka Mandingo)

MOLDAVIAN

Moldavian

MENDE

Mende

MALAGASY

Malagasy

MOHAWK

Mohawk

MONGOLIAN

Mongolian

MALINKE

Malinke

MALAY

Malay

MAM

Mam

MANDARIN

Chinese

MOSSI (MOORE/MORE)

Mossi (Moore/More)

MARATHI

Marathi

MALTESE

Maltese

MIXTEC (MIXTECO)

Mixtec (Mixteco)

Policy & Reference Guide August 2023 120

Entry

Code

Entry Description

Entry Description for Report

MALAYALAM

Malayalam

NAHUATL

Nahuatl

NIGER-CONGO

Niger-Congo

NDEBELE

Ndebele

NEPALI

Nepali

NATIVE AMERICAN LANGUAGES

Native American Languages

ENGLISH

English

STUDENT DOES NOT SPEAK

Student Does Not Speak

NORWEGIAN

Norwegian

NYANJA (AKA CHINYANJA)

Nyanja (aka Chinyanja)

ONEIDA

Oneida

ORIYA

Oriya

OSSETIAN

Ossetian

PASHTO (A.K.A. PUSHTO)

Pashto (aka Pushto)

PILIPINO (A.K.A. TAGALOG)

Pilipino (aka Tagalog)

PUNJABI (A.K.A. PANJABI)

Punjabi (aka Panjabi)

POLISH

Polish

PALAUAN

Palauan

PORTUGUESE

Portuguese

PAPIAMENTO

Papiamento

PROVENCAL

Provencal

QUICHE

Quiche

QUECHUA

Quechua

Policy & Reference Guide August 2023 121

Entry

Code

Entry Description

Entry Description for Report

RAJASTHANI

Rajasthani

RUNDI

Rundi

RAKHINE (ARAKENSE)

Rakhine (Arakense)

ROMANSCH

Romansch

ROMANIAN

Romanian

TOORO(RUTOORO)

Tooro (Rutooro)

RUSSIAN

Russian

RWANDA

Rwanda

RUSSIAN-YIDDISH

Russian-Yiddish

SERER

Serer

SAMOAN

Samoan

SHINA

Shina

SERBO-CROATIAN

Serbo-Croatian

SINDHI

Sindhi

SENECA

Seneca

SINHALESE

Sinhalese

SCOTTISH-GAELIC

Scottish-Gaelic

SHAN

Shan

SWAHILI (A.K.A. KISWAHILI)

Swahili (aka Kiswahili)

SOMALI

Somali

SUKUMA

Sukuma

SHLUH

Shluh

SIDAMO

Sidamo

Policy & Reference Guide August 2023 122

Entry

Code

Entry Description

Entry Description for Report

SANSKRIT

Sanskrit

SLOVAK

Slovak

SPANISH

Spanish

SONINKE

Soninke

SERI

Seri

SETSWANA

Setswana

SESOTHO

Sesotho

SUDANESE

Sudanese

SLOVENIAN

Slovenian

SWEDISH

Swedish

(AMERICAN) SIGN LANGUAGE

(American) Sign Language

SOUTH ARABIC

South Arabic

SWAZI

Swazi

TAMIL

Tamil

TEM (TEMBA/KOTOKOLI/COTOCOLI)

Tem (Temba/Kotokoli/Cotocoli)

TELUGU

Telugu

TIGRE

Tigre

THAI

Thai

TIBETAN

Tibetan

TURKMEN (TURKMAN/TURKOMAN))

Turkmen (Turkman/Turkoman)

TAMAZIGHT

Tamazight

TONGA

Tonga

TAMASHEQ

Tamasheq

Policy & Reference Guide August 2023 123

Entry

Code

Entry Description

Entry Description for Report

TIGRINYA

Tigrinya

TUAREG

Tuareg

TURKISH

Turkish

TWI

Twi

TADZHIK (AKA TAJIK)

Tadzhik (aka Tajik)

URDU

Urdu

UIGHUR(UYGHUR)

Uighur (Uyghur)

UNKNOWN

Unknown

UKRAINIAN

Ukrainian

SUSU(SOUSSOU)

Susu (Soussou)

UZBEK

Uzbek

VIETNAMESE-CHINESE

Vietnamese

VIETNAMESE-FRENCH

Vietnamese

VIETNAMESE

Vietnamese

VISAYAK (A.K.A. BISAYA)

Visayak (aka Bisaya)

WELSH

Welsh

WOLOF

Wolof

YIDDISH

Yiddish

SYLHETI

Sylheti

YONBA

Yonba

YORUBA

Yoruba

ZARMA (DJERMA)

Zarma (Djerma)

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 student’s 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 planning—to 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 1–January 31

• Level II

o Grade K: February 1–June 30

o Grade 1: July 15–January 31

• Level III

o Grade 1: February 1–June 30

o Grade 2: July 15–June 30

o Grade 3: July 15–January 31

• Level IV

o Grade 3: February 1–June 30

o Grade 4: July 15–January 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 1–June 30

o Grade 6: July 15–June 30

o Grade 7: July 15–January 31

• Level VII

o Grade 7: February 1–June 30

o Grade 8: July 15–June 30

o Grade 9: July 15–January 31

• Level VII

o Grade 9: February 1–June 30

o Grades 10-12: July 15–June 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 II–VIII 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. 

Policy & Reference Guide August 2023 149

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.

Policy & Reference Guide August 2023 150

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).

Policy & Reference Guide August 2023 151

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 K–12 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

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.

Policy & Reference Guide August 2023 152

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 3–4, 5–6, 7–8, and 9–12). 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.

Policy & Reference Guide August 2023 157

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 2013–14, even though the

student has been enrolled in a United States school for only six months as of the 2014–15 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 2013–14.

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 2014–15, 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 9–12 can

appeal to graduate with a score of 55–59 on the ELA Regents exam. ELLs can earn a local diploma if they

successfully appeal a score of 55–59 on the ELA Regents exam and score a 65 or above on the four

remaining exams; or successfully appeal a score of 55–59 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 60–64 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 60–64 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