What NYS laws are supposed to govern and finance English language learner public education programs?

Foremost, the primary NYS legislation that funds and rules New York State ESL instructional progrmming is the New York State’s Commissioner’s Regulations Part 154. The purpose of Commissioner's Regulations Part 154 known as CR Part 154 is to establish standards for the education of limited English proficient students. In accordance with ESL standards, all districts must provide LEP/ELL students with equal access to all school programs and services offered by the district that commensurate with their ages and grade level, including access to programs required for graduation.
There are two key parts of the NYS Commissioner’s Regulations that govern ESL instructional programming. One is Part 117 and the other is Part 154. Both Parts 117 and 154 of the Regulations of the Commissioner of Education relate to the screening of new entrants and services for LEP students
The purpose of Commissioner's Regulation Part 117 is to establish standards for the screening of every new entrant to the schools to determine which pupils are possibly gifted, or have a possible handicapping condition and/or possibly are limited English proficient in accordance with subdivision 2-a of section 3204 of the Education Law.

The NYS screening assessment is the Language Assessment Battery-Revised test known as (LAB-R). Pursuant to Regulation Part 117, LAB-R is used for measuring the English language proficiency of a student who may possibly be LEP. The results of the LAB-R are used to determine the type of instructional program into which the student must be placed.

The purpose of Commissioner's Regulation Part 154 is to ensure that LEP and immigrant students attain English proficiency and meet the content area academic standards that all children are expected to meet. In addition, Part 154 is used to mandate LEP student annual assessments and this law is used to design mechanisms to determine pupils' continued eligibility
Pursuant to CR Part 154.2 (c), the test used for the NYS annual assessment of English language proficiency is The NYSESLAT (New York State English as a Second Language Achievement Test).

In New York State, The Commissioner’s Regulation (CR) Part 154 is aligned with the Federal requirements of Title III of the No Child Left Behind Act (NCLB ).
References:
NYS 2010 Part 154 Comprehensive Plan for the Education of Limited English Proficient (LEP) Students
emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdf
and
emsc.nysed.gov/biling/bilinged/faq.html#state

PAGE 3, Parts 117 and 154 of the Regulations of the Commissioner of Education
http://www.emsc.nysed.gov/biling/docs/2010-2011Part154ApplicationFinal.pdf

NYS ESL Assessments:
New York State English as a Second Language Achievement Test http://schools.nyc.gov/Accountability/resources/testing/NYSESLAT.htm

Language Assessment Battery-Revised (LAB-R)

http://www.emsc.nysed.gov/osa/lab_r/2010/1346.pdf

References:

Equal Educational Opportunities:
http://esltoeflreview.blogspot.com/2010/08/equity-in-higher-education-dream-act.html
and
http://esltoeflreview.blogspot.com/2010/08/id-legal-right-to-esl-and-bilingual.html

ESL Intermediate Level Goals and Objectives 43 Pages

This ESL packet is one of my favorites because it clearly establishes what will be taught in the ESL classroom, based on educational research and anticipated appropriate placement. Above all, even if placement is an issue, it gives educators a guide on what should be taught in the ESL classroom at the intermediate level. This is a must have for administrators and teachers. It is designed for secondary and college level ESL instruction. It is a ready made ESL curriculum memo and guide, plus much more!

This is an excellent summary exhibit to be attached to an ESL program description, observation or evaluation. Above all, I give you the information where the ESL core curriculum can be expanded and modified.

Finally and most importantly, this tool is wonderful because it arms the ESL administrator and educator with concrete research based information as to what should be taught at the intermediate level. This in itself advances student learning. This is not the ESL Bible, but it advances effective ESL instruction and provides a basis.
In addition to this research based curriculum guide, purchasers get 5 free ESL curriculum guide Ebooks by emailing me at eslexcellence@aol.com. Enjoy!


ESL Intermediate Level Goals and Objectives 43 Pages

The Dynamics of an Effective Intermediate Level ESL Program

An effective intermediate level ESL program has clear cut intermediate level goals and objectives, specifically designed for ESL students living in the United States for more than one year. These students are usually somewhat English fluent and have a relatively low standardized English or reading test score. The intermediate level student is the English language learner who can communicate fluently in English but demonstrates poor grammar, reading writing skills and has a limited vocabulary and grasp of cultural concepts. This type of student lacks linguistic proficiency in English, because of an inability to speak, read, or write in English without numerous errors in grammar and English usage. In addition, the mistakes made are usually not those of native speakers of English, but of someone experiencing a great deal of interference from another language system. Specific goals and objectives should be written for the English fluent speaking student. Instructional plans should be structured in ways which best take into account the students: age, maturity, general aptitude, and proficiency in the first language, rate of progress and cultural background. Most importantly, sensitivity to the knowledge of the primary culture of students should be demonstrated by way of developing instructional plans with a multicultural focus. Student progress should be assessed on an ongoing basis. Students should be tested weekly so progress can be assessed and instruction modified as needed. Identifying and placing ESL students in appropriate courses is critical to the development of an effective ESL program. Equally important, is the development of level appropriate goals and objectives. The below link is an ESL intermediate level goals and objectives curriculum resource. Many educators have found this guide useful in developing an effective intermediate level ESL program. http://www.scribd.com/doc/17002306/ESL-Intermediate-Level-Goals-and-Objectives-43-Pages