Board of Education Policy 8280: Instruction For English Language Learners Or Students With Limited English Proficiency

The Board of Education recognizes its responsibility to ensure that students of foreign birth or ancestry, who have limited English proficiency (LEP) or English Language Learners (ELL), are provided with an appropriate program of bilingual transitional education or a free-standing program of English as a Second Language (ESL).

The District has developed a comprehensive plan to meet the educational needs of students with limited English proficiency. The plan will be kept on file in the District and made available for SED review upon request. The plan includes:

a) The District’s philosophy for the education of ELL/LEP students;

b) Administrative practices and procedures to:

      1. Diagnostically screen students for limited English proficiency;
      1. Identify students with limited English proficiency;
      1. Annually evaluate each ELL/LEP student including his/her performance in content areas to measure the student’s academic progress.

c) A description of the nature and scope of the bilingual and/or English as a second language instructional program and services available to ELL/LEP students;

d) A description of the criteria used by the District to place ELL/LEP students in appropriate bilingual or free-standing English as a second language programs;

e) A description by building of the curricular and extracurricular services provided to ELL/LEP students;

f) A description of the District and school level procedures for the management of the program, including staffing, site selection, parental notification, coordination of funds, training and program planning.

The instructional programs and services available to limited English proficient pupils to help them acquire English proficiency may include, pursuant to Commissioner’s Regulations, bilingual education programs, free-standing English as a second language programs, appropriate support services, transitional services, in-service training and parental notification.

A student who, as a result of a disability, scores below the State designated level on the NYS Identification Test for English Language Learners (NYSITELL) or the NYS English as a Second Language Achievement Test (NYSESLAT) shall be provided special education programs and services in accordance with the individualized education program (IEP) developed for such student and shall also be eligible for services available to an ELL/LEP student when those services are recommended in the IEP. Such a student will be counted as an ELL/LEP student as well as a student with a disability for purposes of calculating State aid.

The parent/guardian of a student identified as an English language learner or as limited English proficient shall be informed in his/her native language, if necessary, of the student’s identification for and/or participation in an English language learner instructional program as well as other school related information.

The Superintendent shall ensure that all data required by the Commissioner’s Regulations is submitted to the State Education Department in a timely manner.


Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act

of 2001, Sections 1112(g) and 3302(a)

Education Law Sections 207, 215, 2117, 3204(2)(2-a), 3602, and 3713

8 NYCRR Section 100.2(g) and Parts 117 and 154


Adopted December 15, 2020