Jurisdiction Mandate: New York State regulations strictly apply to Bronx campuses only (Bronx Arts & Science Charter School). These campuses operate under New York's Commissioner's Regulations (CR) Part 154 and the NYSED assessment calendar. Under no circumstances are New Jersey timelines, cut scores, or forms to be applied to Bronx students, nor vice versa.
New York State has officially joined the WIDA Consortium, meaning the NYSESLAT is no longer in use (the final administration was Spring 2026).
Annual Assessment: WIDA ACCESS will serve as the annual assessment starting this academic year (Testing Window: Feb 1 – Apr 9, 2027).
Identification Screener: The NYSITELL remains the mandatory identification screener through the 2026–2027 school year. It will not be replaced by the WIDA Screener until Fall 2027.
Note on Policy Guides: The 2025–2026 NYC policy guide still references the NYSESLAT; you must independently substitute "WIDA ACCESS" when applying those guidelines this year.
Under CR Part 154, every school must offer an ENL program at minimum. One unit of study is defined as exactly 180 minutes per week. All ENL classes (integrated and stand-alone) must offer home language support and be provided exclusively during the standard school day. The maximum grade span for instructional grouping is two contiguous grades (unless the ELL is in a designated special education class per section 200.1(uu)).
1. Stand-Alone ENL English language development taught by a NYS-certified ESOL teacher as a distinct, separate block devoted entirely to language development. Compliance Rule: Stand-alone ENL may never be delivered as push-in support inside a content class.
Credit (High School): Earns elective credit.
2. Integrated ENL Core content and language development delivered in the exact same period, utilizing home language supports and ELL scaffolds.
Grades K–8 Pairing: Entering through Transitioning students must pair with ELA. Expanding students may pair with any content area.
Grades 9–12 Pairing: Entering and Emerging students must pair with ELA. Transitioning and Expanding students may pair with any content area.
Credit (High School): Earns core content credit in ELA, Math, Science, or Social Studies upon passing the corresponding unit.
The student's official proficiency level strictly dictates their mandatory minimum minutes of ENL instruction.
Entering (Beginning): Great dependence on supports to advance academic language skills. (Current ELL)
Emerging (Low Intermediate): Some dependence on supports and structures. (Current ELL)
Transitioning (Intermediate): Some independence in advancing academic language skills. (Current ELL)
Expanding (Advanced): Great independence; approaching linguistic demands of academic contexts. (Current ELL)
Commanding (Proficient): Has met linguistic demands for a variety of academic contexts. (Not an ELL / Former ELL)
Crucial Distinction on "Commanding" Status:
Scoring Commanding on the identification screener (NYSITELL) means the student is Not an ELL and receives no services or accommodations.
Scoring Commanding on the annual assessment (WIDA ACCESS) means the student has exited and is a Former ELL, legally entitling them to two years of mandated services and testing accommodations.
The units detailed below represent the absolute minimum floors, not targets. Ensure all flexible units are intentionally scheduled to maximize student support.
Level
Minimum Units & Minutes
Required Distribution
Entering
2 units / 360 min
1 unit Stand-Alone + 1 unit Integrated ENL/ELA
Emerging
2 units / 360 min
0.5 unit Stand-Alone + 1 unit Integrated ENL/ELA + 0.5 unit Flexible*
Transitioning
1 unit / 180 min
0.5 unit Integrated ENL/ELA + 0.5 unit Flexible*
Expanding
1 unit / 180 min
1 unit Integrated ENL/ELA or Core Content
Commanding
0.5 unit / 90 min
2-Year Mandatory Service: Integrated ENL or approved alternative
Level
Minimum Units & Minutes
Required Distribution
Entering
3 units / 540 min
1 unit Stand-Alone + 1 unit Integrated ENL/ELA + 1 unit Flexible (Core Content)*
Emerging
2 units / 360 min
0.5 unit Stand-Alone + 1 unit Integrated ENL/ELA + 0.5 unit Flexible*
Transitioning
1 unit / 180 min
0.5 unit Integrated ENL/Core Content + 0.5 unit Flexible*
Expanding
1 unit / 180 min
1 unit Integrated ENL/Core Content
Commanding
0.5 unit / 90 min
2-Year Mandatory Service: Integrated ENL or approved alternative
*Flexible units may be delivered as either stand-alone or integrated ENL, meaning actual stand-alone time can legally exceed the fixed base requirements (e.g., an Emerging K-8 student may receive up to a full unit of stand-alone ENL).
Stand-Alone ENL: Must be taught by a K-12 NYS-certified ESOL teacher.
Integrated ENL (Dually Certified): Must be taught by a single teacher holding both ESOL and Common Branch (K-6) or Content Area (7-12) certification.
Integrated ENL (Co-Teaching): Must pair a certified ESOL teacher with a K-6 elementary teacher OR a 7-12 certified content teacher (ELA, Math, Science, Social Studies).
If the following thresholds are met, CR Part 154 explicitly mandates the opening of a bilingual program. Campuses must track parent program requests continuously to ensure a threshold is never crossed unnoticed.
Grades K–8: 15 or more ELLs of the same home language across two contiguous grades.
Grades 9–12: 20 or more ELLs of the same home language in any single grade.
A student may exit ELL status through any of the three pathways below. (Note: For pathways 2 and 3, both scores must come from administrations within the same school year, though August Regents results may pair with the prior spring's assessment).
Because we are transitioning from NYSESLAT to WIDA ACCESS, you must confirm the exact 2026–2027 exit determination and WIDA cut score directly with OBEWL before exiting any student.
Score Commanding (proficient) on the annual English language proficiency assessment.
Score Expanding (advanced) on the annual assessment PLUS a Level 3 or 4 on the grades 3–8 NYS ELA exam.
Score Expanding (advanced) on the annual assessment PLUS a 65 or above on the NYS ELA Regents exam.
Once exited, students enter a legally mandated two-year service period. The clock starts at the end of the exit year. Former ELLs must receive at least 0.5 units (90 minutes per week) of Integrated ENL, or an approved alternative pathway. Services must occur during the standard school day; after-school or outside-bell services do not satisfy this legal mandate.
Approved Service Options:
A) Small-group learning.
C) Project-based learning.
D) Minimum of 90 minutes per week of Integrated ENL.
E) High School Only: A non-World Language Advanced Placement (AP) class, serving as the pathway for the student's first year as a former ELL (subject to attendance conditions).
(Note: Option B [individualized targeted learning] and World Language AP classes were retired in Fall 2019 and are strictly invalid pathways.)
The following identification process must be strictly followed for all newly enrolled students.
Mandatory Timelines: Identification must be completed within 10 school days of enrollment. For students entering with an existing IEP, the timeline is extended to 20 school days. (Note: Steps 9 and 10 are utilized only when an ELL determination is formally challenged).
Check Prior NYS Enrollment: If the student attended a NYS public school within the past 2 years, obtain the prior screener or annual assessment scores. Continue their existing ELL status and proficiency level without re-identifying. If they are new to NYS or returning after more than 2 years, proceed to Step 2.
Home Language Questionnaire (HLQ) & Interview: Qualified personnel must administer the HLQ in person, in the parent's preferred language. This must include a documented individual interview with the student and parent to determine the home language. If the home language is strictly English, stop here.
Determine Screener Eligibility & Administer: For students with an IEP, a Language Proficiency Team must convene to determine eligibility. Administer the identification screener within the mandated timeline. (For 2026–2027, use the NYSITELL; the WIDA Screener replaces it in Fall 2027).
Send Entitlement/Non-Entitlement Letters: Within 5 school days of the determination, send official notification in the parent's preferred language stating the results, ELL status, and their right to seek a review.
Home Language Assessment: Administer the home language literacy assessment exclusively to newly identified ELLs whose home language is Spanish. (Administered only once; not required for students re-entering after two years).
Determine SIFE Status: Students with Inconsistent/Interrupted Formal Education (SIFE) must be identified within 30 school days of enrollment. Use the NYSED Oral Interview Questionnaire for grades 3–9 if a gap is suspected. If a gap of 2+ years is confirmed, administer the Multilingual Literacy screener.
Parent Orientation: A trained pedagogue must conduct a comprehensive orientation (with interpretation available) covering all program types (Dual Language, Transitional Bilingual, ENL), learning standards, assessments, and expectations. Parents must complete and sign the program agreement form.
Place and Program the Student: Program every ELL for at least the legally required minimum ENL minutes for their grade and proficiency level.
Re-Identification (If Requested): A parent, a student aged 18+, or a teacher (with parent approval) may legally appeal the ELL determination within 45 school days of the initial or re-entry determination.
Six-to-Twelve-Month Review (After Reversal): If an ELL status is reversed via appeal, you must formally review the student's progress within 6 to 12 months to confirm the reversal has not adversely affected their academic progress. Restore status or add services as needed.
Parent Rights & Compliance Records
Clear communication and meticulous record-keeping are compliance mandates. All formal notices must be in the parent's preferred language, and all meetings must utilize a qualified interpreter.
Parent Orientation: Must cover all three program types, state learning standards, assessments, and expectations. The parent must complete the program agreement form.
Annual ELL Parent Meeting: Must be held individually at least once a year, with an interpreter. This is a separate requirement from standard parent-teacher conferences.
Required Notifications to Retain: Entitlement and non-entitlement letters (post-screener), initial placement letters, default placement letters, continued entitlement notices, and exit/non-entitlement letters (post-annual assessment).
Student Cumulative Folder: Must securely house all identification documentation, LPT records, SIFE evidence, every parent notification, orientation attendance records, assessment scores, and documented evidence of the annual parent meeting.
School-Level ELL Folder: A centralized administrative folder containing samples of every student-level document and all records of campus program planning. Every document must be signed, dated, and translated where applicable.
The Office of Bilingual Education and World Languages (OBEWL) outlines eight statewide principles that drive our instructional philosophy. (Note: OBEWL explicitly dictates that it is impermissible to assume unsupported immersion into an English-speaking environment will allow an ELL/MLL to succeed academically).
All teachers are teachers of ELLs/MLLs: Planning must feature culturally and linguistically appropriate instruction, integrated language and content, and purposeful collaboration between ENL, bilingual, and content teachers.
School boards and leaders hold responsibility: Leadership must provide a clear vision, aligned resources, and a safe, inclusive environment for the academic, linguistic, social, and emotional needs of ELLs/MLLs.
Engage ELLs in rigorous instruction: Instruction must align with Next Generation Learning Standards, featuring explicit content and language objectives, research-based vocabulary instruction, and structured peer discussion.
Bilingualism and biliteracy are assets: Schools must provide pathways to the NYS Seal of Biliteracy and alternate pathways where a home language is low-incidence.
Parents and families are partners: Information regarding rights and program choices must be accessible in a language they understand.
Leverage and build teacher expertise: Utilize the expertise of bilingual, ENL, and World Language teachers while building broader capacity through sustained, meaningful professional development.
Leverage cultural assets: Utilize home languages, cultural backgrounds, and prior knowledge as instructional assets, promoting diversity under the Dignity for All Students Act.
Utilize data-driven assessment: Diagnostic tools and formative assessments must measure content knowledge alongside language development, ensuring proficiency data continuously drives student placement on the language continuum.