| 
       THE STATE 
      EDUCATION DEPARTMENT / THE UNIVERSITY 
      OF THE STATE OF   | 
| 
       TO:  | 
    
      EMSC-VESID Committee | 
| 
       FROM:  | 
    
       Jean C. Stevens  | 
| 
       SUBJECT:  | 
    
       Closing the Achievement Gap:  Strategies to Improve the 
      Performance of LEP/ELL Students  | 
| 
       DATE:  | 
    
       November 21, 2006  | 
| 
       STRATEGIC 
      GOAL:  | 
    
       Goals 1 and 2  | 
| 
       AUTHORIZATION(S):  | 
    
       | 
Issue for Discussion
Are there additional strategies that staff 
should implement to improve the performance of Limited English 
Proficient/English Language Learners (LEP/ELL) 
students?
          
          
Review of Policy.     
Proposed Handling
This question will come before the Regents 
EMSC-VESID Committee for discussion on December 4, 2006.
Procedural History
The Board of Regents and the Department are 
committed to raising the academic achievement of all students and closing the 
gap in student academic performance.  
Building the capacity of schools to strengthen educational services for 
LEP/ELL students is critical in reducing the gap.  To this end, the Regents and the 
Department adopted a policy on the performance of LEP/ELL students.  Periodic reports are presented to the 
Regents on implementation of this policy.  
The last comprehensive report was submitted in March 2005.  Action step 3 of the P-16 reform 
strategy calls for improving outcomes for LEP/ELL students by setting 
performance targets, promoting effective practices, and holding schools 
accountable for dramatic improvements.  
The second-year data on the newly developed and improved NYSESLAT is 
being used by staff to set performance targets in accordance with the federal 
Annual Measurable Achievement Objectives (AMAO).  This data permits the Department to set 
realistic targets to which schools will be 
accountable.
Background Information
In October 2004, 10 strategies were 
identified to improve the performance of LEP/ELL students.  The Department was asked to develop an 
implementation plan and to report periodically on the progress in implementing 
the 10 strategies. This report will provide an update on how the fourth strategy 
is being implemented.  This strategy 
refers to the organization and dissemination of New York State English as a 
Second Language Achievement Test (NYSESLAT) data and the results of the NYSESLAT 
that was administered in May 2006 and a summary of the four action steps that 
will help districts improve those results.
  
            
Attachment A provides an analysis of the 
performance of LEP/ELL students on the NYSESLAT.  The Department is 
developing a consistent measurement tool (second year of a five-year development 
plan) to assess the performance of LEP/ELL students.  This assessment has 
enabled the Office of Bilingual Education and Foreign Language Studies to begin 
to analyze the performance of schools that provide instruction to LEP/ELL 
students.  As the individual student 
record system is implemented, it will provide additional and more refined data 
on which to base recommendations for effective programs for the education of 
LEP/ELL students.
Attachment B provides a description of the 
steps the Department has taken to make sure that the data are used by teachers 
and administrators to inform classroom practice and to identify high-and 
low-performing programs.  In order 
to focus the work of the Office of Bilingual Education and Foreign Language 
Studies, four key elements have been identified to assist districts to improve 
the performance of LEP/ELL students. 
Attachment C is the complete listing of the 
Board of Regents strategies adopted in September 2004 to improve LEP/ELL 
performance.
Recommendation
Staff recommend that the Board 
of Regents review the data and strategies and provide direction to staff on 
changes to implementation of these strategies.  Staff will  analyze this data and submit to the 
Board of Regents at a future meeting revised AMAOs for review and approval.  We will also present follow-up 
information and data on the status and effectiveness of the 10 strategies, the 
results of 
Timetable for Implementation
Not 
applicable.
Attachment 
A
Summary 
of 2006 
(Preliminary Statewide 
Results)
The NYSESLAT operational test was 
administered in Spring 2006 to 192,425 LEP/ELL students in 3,384 public schools 
and 527 districts across 
1)         
Description of the 2006 ELL 
Population
| 
       Table 1:  Distribution of 2006 LEP/ELL 
      Students by Grade Level   | ||
      Grade | 
    
       Number  | 
    
       Percent  | 
| 
       K  | 
    
       24,102  | 
    
       12.5  | 
| 
       1  | 
    
       25,632  | 
    
       13.3  | 
| 
       2  | 
    
       23,046  | 
    
       12.0  | 
| 
       3  | 
    
       18,860  | 
    
       9.8  | 
| 
       4  | 
    
       14,896  | 
    
       7.7  | 
| 
       5  | 
    
       13,227  | 
    
       6.9  | 
| 
       6  | 
    
       10,925  | 
    
       5.7  | 
| 
       7  | 
    
       12,111  | 
    
       6.3  | 
| 
       8  | 
    
       12,118  | 
    
       6.3  | 
| 
       9  | 
    
       14,148  | 
    
       7.4  | 
| 
       10  | 
    
       12,659  | 
    
       6.6  | 
| 
       11  | 
    
       6,808  | 
    
       3.5  | 
| 
       12  | 
    
       2,667  | 
    
       1.4  | 
| 
       Ungraded K-6  | 
    
       818  | 
    
       0.4  | 
| 
       Ungraded 7-12  | 
    
       277  | 
    
       0.1  | 
| 
       Unspecified  | 
    
       131  | 
    
       0.1  | 
| 
       State 
    Total:  | 
    
       192,425  | 
    
       100.0  | 
| 
       Table 
      2:  Distribution of LEP/ELL Students 
      by Need/Resource Category  | ||
| 
       Need/Resource 
      Category  | 
    
       Number  | 
    
       Percent  | 
| 
       | 
    
       134,300  | 
    
       69.8  | 
| 
       Big 4 
      Cities  | 
    
       10,160  | 
    
       5.3  | 
| 
       High Need 
      Urban/Suburban  | 
    
       19,671  | 
    
       10.2  | 
| 
       High Need 
      Rural  | 
    
       1,218  | 
    
       0.6  | 
| 
       Average 
      Need  | 
    
       17,562  | 
    
       9.1  | 
| 
       Low 
      Need  | 
    
       9,003  | 
    
       4.7  | 
| 
       Charter 
      Schools  | 
    
       511  | 
    
       0.3  | 
| 
       Total:  | 
    
       192,425  | 
    
       100.0  | 
      
 Table 
      4:  Distribution of LEP/ELL Students 
      by Home Language  | |||||||||||||||||||||||||||||||||||||||||||||||
| 
       | 
    
       (N = 
      192,425)  | 
    
       | |||||||||||||||||||||||||||||||||||||||||||||
| 
       | 
    
       | 
    
       | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Home 
    Language  | 
    
       Number  | 
    
       Percent  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Spanish  | 
    
       113,062  | 
    
       58.8  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       English  | 
    
       11,994  | 
    
       6.2  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Chinese  | 
    
       4,178  | 
    
       2.2  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Bengali  | 
    
       3,787  | 
    
       2.0  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Arabic  | 
    
       3,585  | 
    
       1.9  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Russian  | 
    
       3,377  | 
    
       1.8  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Haitian 
Creole  | 
    
       3,286  | 
    
       1.7  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Korean  | 
    
       2,021  | 
    
       1.1  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       French  | 
    
       1,591  | 
    
       0.8  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Albanian  | 
    
       1,423  | 
    
       0.7  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Polish  | 
    
       1,308  | 
    
       0.7  | |||||||||||||||||||||||||||||||||||||||||||||
| 
       Punjabi  | 
    
       1,101  | 
    
       0.6  | |||||||||||||||||||||||||||||||||||||||||||||
The 2006 LEP/ELL student population reported 
over 160 home languages.  Table 4 
shows only those home languages reported by 1,000 LEP/ELL students or more. The 
rest of the languages were reported by less than 1,000 students. 
2) English 
Proficiency Levels 
NYSESLAT yields four raw scores for each of 
the four modalities as well as two scale scores for the two modality 
combinations: Listening and Speaking (L/S); and Reading and Writing (R/W). 
LEP/ELL students receive two designations of proficiency levels for L/S and R/W 
respectively based on their scale scores on the two modality combinations.  LEP/ELL students’ overall proficiency 
level is determined by the lower of the two proficiency levels. For example, if 
a student scored Proficient on L/S and Advanced on R/W, the student’s overall 
proficiency level is Advanced Level not Proficient Level. The distributions of 
LEP/ELL students scoring at each of the four proficiency levels by grade level 
in L/S, R/W, and overall proficiency level are summarized in the following three 
tables. 
      
  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
NOTE:  
The total Ns are different for some tables due to missing data. For 
example, Table 5 on listening and speaking proficiency level  shows a N of 189,981 instead of 192,425, 
because some students were missing either listening or speaking scores, 
therefore, they did not receive proficiency level designation for listening and 
speaking. Another example is Table 10. Only 189,461 out of the 192,425 LEP/ELLs 
reported on the Years of Service variable.
| 
       Table 6:  
      Distribution of LEP/ELL Students by Reading/Writing Proficiency 
      Level and Grade (N = 
    190,595)  | ||||
| 
       | 
    
       | 
    
       | 
    
       | 
    
       | 
| 
       (% Within Grade Level) 
        | ||||
| 
       Grade  | 
    
       Beginning  | 
    
       Intermediate  | 
    
       Advance  | 
    
       Proficient  | 
| 
       K  | 
    
       40.5  | 
    
       40.6  | 
    
       10.0  | 
    
       8.8  | 
| 
       01  | 
    
       16.1  | 
    
       28.1  | 
    
       27.0  | 
    
       28.7  | 
| 
       02  | 
    
       12.1  | 
    
       32.2  | 
    
       33.8  | 
    
       21.9  | 
| 
       03  | 
    
       9.6  | 
    
       22.2  | 
    
       39.5  | 
    
       28.7  | 
| 
       04  | 
    
       9.9  | 
    
       20.1  | 
    
       38.4  | 
    
       31.6  | 
| 
       05  | 
    
       14.3  | 
    
       21.8  | 
    
       38.1  | 
    
       25.8  | 
| 
       06  | 
    
       18.5  | 
    
       24.8  | 
    
       32.6  | 
    
       24.1  | 
| 
       07  | 
    
       22.0  | 
    
       33.4  | 
    
       27.3  | 
    
       17.3  | 
| 
       08  | 
    
       23.3  | 
    
       34.5  | 
    
       20.6  | 
    
       21.6  | 
| 
       09  | 
    
       14.5  | 
    
       42.5  | 
    
       23.9  | 
    
       19.0  | 
| 
       10  | 
    
       8.4  | 
    
       40.3  | 
    
       28.7  | 
    
       22.7  | 
| 
       11  | 
    
       4.8  | 
    
       43.3  | 
    
       26.9  | 
    
       24.9  | 
| 
       12  | 
    
       4.4  | 
    
       50.7  | 
    
       22.7  | 
    
       22.2  | 
| 
       Ungraded K-6  | 
    
       55.2  | 
    
       26.6  | 
    
       13.7  | 
    
       4.5  | 
| 
       Ungraded 7-12  | 
    
       84.8  | 
    
       12.5  | 
    
       2.7  | 
    
       0.0   | 
| 
       State 
    Total:  | 
    
       17.4  | 
    
       31.8  | 
    
       28.3  | 
    
       22.6  | 
| 
       Table 7:  
      Distribution of LEP/ELL Students by Overall Proficiency Level and 
      Grade (N = 
    189,461)  | ||||
| 
       | 
    
       | 
    
       | 
    
       | 
    
       | 
| 
       (% Within Grade Level) 
        | ||||
| 
       Grade  | 
    
       Beginning  | 
    
       Intermediate  | 
    
       Advance  | 
    
       Proficient  | 
| 
       K  | 
    
       41.2  | 
    
       41.8  | 
    
       11.7  | 
    
       5.3  | 
| 
       01  | 
    
       16.6  | 
    
       30.5  | 
    
       36.7  | 
    
       16.3  | 
| 
       02  | 
    
       12.3  | 
    
       32.5  | 
    
       37.4  | 
    
       17.7  | 
| 
       03  | 
    
       10.2  | 
    
       22.8  | 
    
       47.5  | 
    
       19.5  | 
| 
       04  | 
    
       10.8  | 
    
       20.9  | 
    
       47.3  | 
    
       21.0  | 
| 
       05  | 
    
       15.1  | 
    
       22.7  | 
    
       42.8  | 
    
       19.4  | 
| 
       06  | 
    
       20.3  | 
    
       25.9  | 
    
       37.7  | 
    
       16.1  | 
| 
       07  | 
    
       22.6  | 
    
       33.4  | 
    
       30.0  | 
    
       14.0  | 
| 
       08  | 
    
       24.2  | 
    
       34.5  | 
    
       23.6  | 
    
       17.7  | 
| 
       09  | 
    
       20.4  | 
    
       40.5  | 
    
       25.9  | 
    
       13.2  | 
| 
       10  | 
    
       12.9  | 
    
       43.7  | 
    
       29.0  | 
    
       14.3  | 
| 
       11  | 
    
       7.8  | 
    
       47.9  | 
    
       29.5  | 
    
       14.8  | 
| 
       12  | 
    
       7.9  | 
    
       56.9  | 
    
       22.5  | 
    
       12.7  | 
| 
       Ungraded K-6  | 
    
       55.8  | 
    
       26.5  | 
    
       15.2  | 
    
       2.5  | 
| 
       Ungraded 7-12  | 
    
       85.6  | 
    
       12.6  | 
    
       1.8  | 
    
        0.0  | 
| 
       State 
    Total:  | 
    
       18.8  | 
    
       32.8  | 
    
       33.0  | 
    
       15.4  | 
3) Attaining 
English Proficiency 
LEP/ELL students need to attain English 
proficiency in order to exit ESL/bilingual services.  Attaining English proficiency is defined 
by scores at the Proficient Level on both the L/S and R/W components of the 
NYSESLAT.  In 2006, a total of 
29,216 of all LEP/ELL students (15.4%) who took the NYSESLAT scored at the 
Proficient Level on both the L/S and R/W components, compared to the 11.3 
percent exiting rate in 2005.  The 
distributions of LEP/ELL students who attained English proficiency by 
need/resource category, grade level, and years of service are detailed in the 
tables below.
| 
       | 
    
       
  | |||
| 
       
  | 
    
       Table 8:  
      Number and Percent of LEP/ELL Students Exiting  | |||
| 
       
  | 
    
       (N = 
    189,461)  | |||
| 
       
  | 
    
          | 
    
          | 
    
          | |
| 
       
  | 
    
      Need/Resource 
      Category | 
    
       Number  | 
    
       Percent  | |
| 
       
  | 
    
       | 
    
       19,060  | 
    
       14.4  | |
| 
       
  | 
    
       Big 4 
      Cities  | 
    
       1,225  | 
    
       12.6  | |
| 
       
  | 
    
       High Need 
      Urban/Suburban  | 
    
       2,941  | 
    
       15.2  | |
| 
       
  | 
    
       High Need 
      Rural  | 
    
       202  | 
    
       16.8  | |
| 
       
  | 
    
       Average 
      Need  | 
    
       3,535  | 
    
       20.3  | |
| 
       
  | 
    
       Low 
      Need  | 
    
       2,167  | 
    
       24.4  | |
| 
       
  | 
    
       Unspecified  | 
    
       86  | 
    
       17.7  | |
| 
       
  | 
    
       State 
    Total:  | 
    
       29,216  | 
    
       15.4  | |
| 
       Table 9:  
      Number and Percent of LEP/ELL Students Exiting by 
      Grade  | ||
| 
       (N = 
    189,461)  | ||
| 
       Grade  | 
    
       Count  | 
    
       %  | 
| 
       K  | 
    
       1,256  | 
    
       5.3  | 
| 
       01  | 
    
       4,141  | 
    
       16.3  | 
| 
       02  | 
    
       4,055  | 
    
       17.7  | 
| 
       03  | 
    
       3,666  | 
    
       19.5  | 
| 
       04  | 
    
       3,107  | 
    
       21.0  | 
| 
       05  | 
    
       2,547  | 
    
       19.4  | 
| 
       06  | 
    
       1,749  | 
    
       16.1  | 
| 
       07  | 
    
       1,681  | 
    
       14.0  | 
| 
       08  | 
    
       2,118  | 
    
       17.7  | 
| 
       09  | 
    
       1,809  | 
    
       13.2  | 
| 
       10  | 
    
       1,762  | 
    
       14.3  | 
| 
       11  | 
    
       986  | 
    
       14.8  | 
| 
       12  | 
    
       328  | 
    
       12.7  | 
| 
       Ungraded K-6  | 
    
       11  | 
    
       2.5  | 
| 
       Ungraded 7-12  | 
    
       0  | 
    
       0.0  | 
| 
       State 
    Total:  | 
    
       29,216  | 
    
       15.4  | 
| 
       Table 10:  
      Number and Percent of LEP/ELL Students 
      Exiting by Years of ESL Service 
        | ||
| 
       (N = 
    189,461)  | ||
| 
       Year of 
      ESL Service  | 
    
       Number  | 
    
       Percent  | 
| 
       Less than 
      One  | 
    
       1,085  | 
    
       9.9  | 
| 
       One 
      Year  | 
    
       3,396  | 
    
       8.6  | 
| 
       Two 
      Years  | 
    
       5,491  | 
    
       16.9  | 
| 
       Three of More 
      Years  | 
    
       15,280  | 
    
       20.6  | 
Actions to Close the Gap for Limited English 
Proficient Students
To assist districts to improve results in a way that 
will have the greatest impact statewide, and in accordance with the P-16 
initiative to provide technical assistance to low performing schools, the Office 
of Bilingual Education and Foreign Language Studies has identified the following 
strategies:
·       
The Department 
has in place rigorous targets to measure and raise the expected level of 
performance of LEP/ELL students. Schools will continue to be held accountable 
for meeting adequate yearly progress (AYP) and annual measurable achievement 
objectives (AMAOS). Through this accountability system, schools must report the 
results of student achievement in English language arts. Schools that fail to 
meet the expected targets will be identified and required to submit an 
improvement plan. If, after four consecutive years, such schools still do not 
meet the established accountability requirements, the Department will require 
them to modify their curriculum or redirect/eliminate funds, and replace 
educational personnel.
·       
The U.S. Department of Education (USDOE) 
determined that 
·       
The six New York 
City BETACS with the collaboration of the New York City Department of Education, 
Division of English Language Learners, have been providing professional 
development conferences and workshops for teachers and administrators around the 
city. The focus this year has been the high schools that have been identified as 
in need of improvement based on the NYSESLAT. Schools have been selected in each 
of the BETAC service areas in which the School Quality Review will be 
implemented.
·       
Monitoring 
activities will be increased and will focus on the implementation of the 
Department’s approved Language Allocation Policy.  The monitoring plan for 2006-2007 will 
include the Big 5 and districts with large numbers of LEP/ELL students. The 
assessment as to how the districts are implementing this policy begins with the 
review of the district’s Comprehensive Plans. Districts that fail to implement 
the policy will not be granted approval of their Part 154 Comprehensive Plan and 
will not be entitled to claim State or federal funds for the education of 
LEP/ELL students.
· To strengthen the linkages between bilingual education and the seven State learning standards areas, in February 2006 the Office of Bilingual Education and Foreign Language Studies became part of the Office of Curriculum and Instructional Services. Through this alignment, and that office’s strong ties to the Office of State Assessment, we will ensure that the needs of English language learners are considered in all curricular and assessment policy discussions.
Certification 
Requirements:
·       
Increased collaboration with the Office of 
Teaching Initiatives will continue to examine current requirements and obstacles that prevent the recruitment, 
certification and retention of bilingual/ESL teachers. The Intensive Teacher 
Institute will continue to provide financial support to those teachers seeking a 
bilingual education or ESL certificate.
Recruitment:
·       
The Department 
has provided IDEA funds ($898,395.00) to the New York City Department of 
Education to support the preparation of special education and bilingual special 
education teachers.
·       
The Department 
has expanded outreach to minority populations through events like the Forum on 
the Future of Hispanic Education, the Black and Puerto Rican Caucus, the Angelo 
Del Toro Hispanic Youth Leadership Institute, the Somas El Futuro Conference 
sponsored by the Puerto Rican/Hispanic Assembly/Senate Task Force and the 
Hispanic Heritage Month Celebration among others.
·       
The 
efforts of the Office of Teaching Initiatives to increase the pool of qualified 
teachers in 
·       
The 
creation of the Intensive Teachers institute (ITI) will address the shortage of 
bilingual and ELL teachers in general education.
Expert Advice:
·       
A selected, 
experienced group of practitioners in the field of bilingual education/English 
as a second language was formed in March 2006.   This group of experts will meet 
periodically with the Commissioner and staff to keep them abreast of the latest 
issues surrounding the education of LEP/ELL students and offering their sound 
advice and recommendations for action.  
·       
For the past 
four years, the Bilingual and ESL Teacher Leadership Academy (BETLA) have worked 
with a group of teachers each year to develop mentor teachers and leaders for 
English language learners. The programs consist of a one-month intensive summer 
program and monthly classroom visits and meetings throughout the year. We are 
considering increasing the BETLA funding next year to increase the number of 
participating teachers.
Professional 
Development:
·       
For the 
2006-2007 academic year, four regional bilingual/ESL Teacher Institutes for 
teachers and administrators of LEP/ELL programs will be held.   Over 1,500 are expected to 
participate in these Teacher Institutes.  
This year’s focused agenda is on literacy, administration of the 2006 
NYSESLAT, and accountability. 
·       
The 14 BETACs 
have conducted statewide professional development for Bilingual and ESL 
teachers, mainstream teachers, administrators, students, parents and clinicians, 
and have reached 10,000 participants statewide. The professional development 
addresses issues of effective strategies for the education of LEP/ELL students, 
the content area, cross training with parent networks, understanding, 
identifying and educating bilingual special education students, 
etc.
·       
The Department 
has developed a document that provides information on the history, culture and 
education systems of the 
4.     
Increase 
outreach with the New York City Department of Education to provide better 
information to parents on ESL and bilingual programs that can improve the 
parents’ own levels of reading, writing, and speaking 
English.
·       
The 
Department will continue to work with the New York City Department of Education 
to expand Title III funded activities that provide outreach to parents of 
immigrant students and LEP/ELL students. The development and dissemination of 
school-related information to parents, in the language they understand, will 
also continue. The Department, in coordination with the New York City Department 
of Education, has developed a tool kit for parents (in different languages) to 
keep them informed and engaged in school-related activities associated with 
their children’s education.  
 
·       
Information on the Parent and Family 
Partnership Policy undergoing revisions for the Board of Regents is being 
disseminated in several languages.  
Once the policy is approved, it will be translated in the top five 
languages spoken by parents of LEP/ELL students in 
                           
Attachment 
C
Strategies to Build Capacity 
to 
September 
2004