Federal, state and local laws and regulations and court-ordered mandates from the last thirty years shape services for English Language Learners (ELLs) and how they are delivered in New York City (NYC) schools today. ELL programs that comply with these laws and regulations provide assurances that all ELLs have access to and equity in NYC’s educational system.
The 1974 landmark United States Supreme Court decision Lau v. Nichols established the right of students with limited English proficiency to have “a meaningful opportunity to participate in the educational program,” setting the stage nationally for language assistance programs in public schools. That same year in NYC, an agreement between the Board of Education and ASPIRA of New York—called the ASPIRA Consent Decree—assured that the city would provide bilingual education.
Also guiding ELL educational services in New York State is Part 154 of the Regulations of the New York State Commissioner of Education (CR Part 154). CR Part 154 provides the basic requirements and procedures for ELL education, ensuring that ELLs acquire and develop English language skills while meeting the standards that are expected at their grade and age level in core subjects.
In 2002, passage of the No Child Left Behind Act tied funding and support to performance measures, holding schools accountable for the performance of their students. While schools were adapting the new requirements of No Child Left Behind, they were also adjusting to changes in local governance, mainly a reorganization of the Department of Education under Mayor Michael Bloomberg (2003). Local reforms incorporated key features of the new law, including holding schools accountable for the academic achievement of all students; ensuring that the teaching and paraprofessional staff is highly qualified; and providing parents with access to information and choice.
The academic progress and performance of ELLs, as a group, is critical to a school’s overall performance, requiring more professional development for staff, increased outreach and information to ELL parents, and more resources for school leaders so that they can plan for their ELLs. Below are critical resources that reach beyond compliance to help school leaders achieve fundamental changes in making ELL education comprehensive and rigorous.