DOE Corrective Action Plan 10-11

8/3/2019 DOE Corrective Action Plan 10-11

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THE NEW YORK CITY DEPARTMENT OF EDUCATION

Dennis M. Walcott, Chancellor

NEW YORK CITY DEPARTMENTOF EDUCATION

OFFICEOFTHE CHANCELLOR

52 Chambers Street, Room 320

September 9, 2011

Mr. Ira SchwartzAssistant CommissionerOffice of AccountabilityNYSED55 Hanson Place, Suite 400Brooklyn, NY 11217

Dear Ira,

Attached please find the final version of our Corrective Action Plan. Weappreciate your investment of time and guidance. Thank you for your

commitment to accelerating the achievement of our diverse ELL studentpopulation.

Sincerely,

Laura RodriguezDeputy Chancellor

LR:jaAttachmentcc: Shael Suransky

Angelica Infante


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NYC DEPARTMENT OF EDUCATION

2

Corrective Action Plan

Table of ContentsIssue

Page

1: Although the NYCDOE has made progress, there remain a significantnumberof students who were not timely administered the LAB-R.

5

Action Plan 5

Goal 6

Performance Objectives/Targets

6

SED Requested Progress Reports

6

Accountability/Consequences 7

2: A number of LEP/ELLs are not receiving the required bilingual and/orESL services because of shortages of certified bilingual and ESL teachers.

8

Action Plan 8

Goals 10


10


11


3: Parent choice is an issue which must be addressed. NYCDOE has

Confidential DraftNOT for distribution


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taken important steps to address this issue including creating newTransitional Bilingual Education Programs (TBE), awarding annual TBE andDual Language (DL) planning grants, and planning an internal, cross-

functionalteam to prioritize parent choice.

13

Action Plan 13

Goals 18


19

SED Requested Progress Reports21


4: Long-term LEP/ELLs must receive bilingual and/or ESL servicesuntil they are no longer LEP/ELLs based on the NYS proficiency exam, theNYSESLAT. 23

Action Plan 23

Goal 24


24


24


5: Some schools did not submit the Request for Extension of

ServicesForm A-7 as required by CR Part 154.26

Action Plan 26

Goals 26



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6: Some schools did not submit their NYC Language Allocation Policy (LAP)by the deadline established between NYSED and NYCDOEs Office ofEnglishLanguage Learners.

28

Action Plan 28

Goals 29


29


29


Conclusion31



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Issue 1: Although the NYCDOE has made progress, there remain a

significant number of students who were not timely administered

the LAB-R.

Action Plan:The DOE has taken a number of steps to ensure that schools

carry out their obligation to administer the LAB-R in a timely manner. In

September 2009, the DOE began requiring schools to record (on the

students answer document) the date the LAB-R was administered. This

information is recorded in the DOEs Automate The Schools (ATS)

database. LAB-R test results and testing dates are sent to the Office of

Compliance Services (OCS). When OCS staff members share LAB-R results

with schools bimonthly, they also share whether schools are timely in

administering the LAB-R. This data is used as a measure in the PrincipalPerformance Review (PPR)used by district superintendents to assess

principals performanceand is a component of the Data Score Card that

alerts schools if they are out of compliance with items on the DOE

Compliance Checklist.

An additional warning system has been created to alert schools of

potential ELLs who need to be administered the LAB-R in a timely manner.

The Office of English Language Learners (OELL) has collaborated with the

Division of Academics, Performance and Support (DAPS) and ATS to create

a weekly school report which lists the students:

whose first time entry into the New York City public schools was

within the previous five school days as well as the previous ten days,

and

whose home language is not English, and

who do not have a LAB-R score.

Schools are notified to administer the LAB-R to these students if they have

not done so already and if the results of the HLIS indicate a need for

administration of the LAB-R1. In order to ensure all key stakeholders are

1 The State has informed the DOE of a redesigned home language identification survey(HLIS) and the accompanying guidance document on the interview, which will enable theDOE to better identify English Language Learners.



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fully aware of this reporting system, it has been publicized to principals,

ELL specialists, and data specialists through Principals Weekly, OELL

Eblast, andATS News. The information in these reports will be shared withthe networks so that they can provide additional support to their schools

to ensure that they are administering the LAB-R in a timely manner.

Goal: By November 30, 2012, the DOE will reduce by 90-100% the

percentage of new ELL students who are not being administered the LAB-R

in a timely manner (from the baseline for the 2009-10 school year of

22.1% or 6876 out of a total 31,127 new ELLs). Interim reductions will be

achieved in accordance with the targets set forth below.

Performance Objectives/Targets:

By September 15,

2011, the DOE will

provide the SED

with baseline

information

regarding LAB-R

compliance for the

2010-11 school

year and the

requested progress

report data for the 2009-10 school year.

By November 30, 2011, the DOE will achieve a 25% reduction in

non-compliance as measured against the 2009-10 school year

baseline.

By February 28, 2012, the DOE will achieve a 50% reduction in non-

compliance as measured against the 2009-10 school year baseline.

By August 31, 2012, the DOE will achieve a 75% reduction in non-

compliance as measured against the 2009-10 school year baseline. By November 30, 2012, the DOE will achieve and maintain

thereafter a 90-100% reduction in non-compliance as measured

against the 2009-10 school year baseline.


Table 1: Targets for Reduction of Students

Not Given Timely LAB-R(Working From School Year 2009-10 Baseline of 22.1%,

6867 out of a total 31,127 new ELLs)

November 30, 2011 25% (reduced to 16.575% or

less)February 28, 2012 50% (reduced to 11.05% or

less)

August 31, 2012 75% (reduced to 5.525% or

less)November 30, 2012 90-100% (reduced to 2.21% or

less)


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Within 60 days of each of the first three target dates above, the DOE

will provide the SED with a progress report regarding the number of

ELLs not timely tested. Starting September 30, 2012, the DOE will provide a progress report

as part of its yearly CR Part 154 application to the SED on specific

steps taken to ensure that students will be tested within the

established timeframe; any adjustments that will be made to the

plan in the event interim progress targets are not achieved will also

be provided.

The SED Requested Progress Reports will Include:

Number and percentage of students not tested broken down by non-

timeliness (e.g., between 11 and 20 days, between 21 and 30 days)

Evidence of how schools, networks and districts have been notified

of the assessment requirements, and the nature of supports,

interventions, and actions provided by the DOE to schools, districts,

and networks with regard to the assessment requirements

Steps to be taken to hold school and network administrators

accountable, such as adding compliance with this requirement to thenetwork performance metrics and the PPR, placing letters in the files

of school principals, and withholding Title III funds

Other actions taken by the DOE in support of achieving the stated

goals

Accountability/Consequences: The DOE will hold schools and their

networks accountable for ensuring that the LAB-R is being administered in

a timely manner by including measures of timeliness in the network

performance metrics and the PPR. In addition, OELL will review and

compare the data from the 2009-10 and 2010-11 school years to identify

those schools significantly out of compliance for two consecutive years.

This list will be shared with the networks, and the networks will contact the

schools on this list to inform them:



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of why the LAB-R must be administered in a timely manner

that they are on a list of non-compliant schools for failure toadminister the LAB-R in a timely manner, and that they will be

closely monitored

that continued failure to comply with this requirement will result in

actions by the DOE against the school through the use of measures

such as placing letters in the personnel file of the principal and the

withholding of Title III school funds

Beginning in November, the DOE will review on a monthly basis the LAB-R

data for these schools and take action (as described above) against any of

these schools not yet in compliance. The use of any particular measure orcombination of measures will depend on the scope and severity of the

non-compliance.



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Issue 2: A number of LEP/ELLs are not receiving the required

bilingual and/or ESL services because of shortages of certified

bilingual and ESL teachers.

Action Plan:The DOE will canvass the staffing needs (e.g., language and

levels) of schools whose trends indicate that bilingual programs may be

needed, drawing from the data in the schools Language Allocation Policies

(LAPs). This analysis will be performed annually, in conjunction with the

schools respective networks and clusters. The HR directors at the

networks will work with these schools and the Absent Teacher Reserve

(ATR) teachers who have the appropriate bilingual/ESL licenses. The

schools will have the opportunity to hire these ATR teachers on a

permanent basis. ATR teachers with bilingual/ESL licenses not hired in thisway will be assigned to schools that still have a need for a certified

bilingual or ESL teacher. This process will be repeated midyear based on

updated Bilingual Education Student Information Survey (BESIS) data.

Beyond the ATR pool, the DOE will actively match the schools that have

bilingual and ESL staffing needs with potential candidates in the hiring

pool. The DOE will aggressively recruit bilingual teachers in content areas

in high school and bilingual teachers in elementary and middle schools in

order to grow the size of the hiring pool.

In light of the need for more ESL and bilingual certified teachers to ensure

that all ELLs receive services from an appropriately certified teacher, and

to support the expansion of bilingual programs discussed under Issue 3,

the DOE will lift restrictions on hiring in ESL and bilingual areas in the

2011-12 hiring season. Lifting these restrictions will allow new and existing

staff to be readily available for schools that need to open new bilingual

programs at the start of the school year. To ensure that networks are

aware of this change, as well as the budgetary, staffing, and programming

flexibility that will enable them to staff a bilingual program effectively,

OELL will conduct a series of professional development sessions targetingbudget and HR directors to ensure that schools can plan for the new

school year.



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Per our discussions, a certified bilingual common branch teacher may

teach the full bilingual program, including the entire language arts

instructional component (including ESL), of such bilingual program,without the need for additional ESL certification. However, the DOE will

encourage schools to consider hiring dually certified bilingual common

branch teachers. We will do this by highlighting candidates with this dual

certification in our online teacher application system. We will also provide

a professional development program to support elementary bilingual

teachers in teaching the ESL component.

In regard to statewide shortages of certified teachers in bilingual content

areas, the DOE has started working with the SED on a number of proposed

solutions, including:

The development and administration of a state language test to

licensed content area teachers who are bilingual and who have

indicated proficiency in a language other than English. The test will

adequately assess the teachers knowledge of academic language

and can serve to increase the number of bilingual content area

teachers in a more expeditious manner than the current

requirements for a bilingual extension certificate.

Requiring that teachers who are granted certification in this fashion

take a number of college credit hours (to be determined) onbilingual education theory. These professional development hours

will be provided by highly qualified experts in various content areas

as well as bilingual education.

The DOE will continue to work with the SED to revisit requirements in

regard to the bilingual extension, and will explore different avenues and

incentives to help teachers obtain a bilingual extension/certification.

Subject to funding availability, DOE will promote, develop, and implement

incentives to encourage teachers to enroll in courses and programs

leading to bilingual certification, including one or more of the following:

Teachers of Tomorrow (TOT) financial incentives (loan forgiveness or

tuition reimbursement) to teachers who already have an ESL or

bilingual certification but who are not working in those areas to



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transfer to a high need (TOT eligible) school which has a vacancy in

ESL or bilingual education.

The conversion program which partners with the ITT programs to

give financial support to teachers to get an additional certificate in

ESL or bilingual extension; particularly focus outreach to content

area teachers proficient in another language to obtain a bilingual

extension.

Work with universities to develop and implement online programs to

facilitate attainment of bilingual certification.

Develop and implement a scholarship program, as a way to create a

state-level partnership with institutes of higher education to attractmore teaching candidates to bilingual content areas with funding at

the state or local level or a combination of matching funds.

Subject to need if there are teacher layoffs, develop and implement

a program with institutions of higher education for teachers who

may be laid off (if this were to happen) from their positions to apply

for a program to obtain a bilingual certificate or ESL license.

Implementing any of these incentives in the short term may be severely

limited by current budgetary restraints and regulations, and the failure ofthe institutions of higher education to graduate sufficient students

credentialed in the areas of high need.

In addition to the steps outlined above, the DOE has had discussions and

will continue discussions with the SED about changes in rules and

regulations and various other steps requiring action by the SED which

would help address the shortage of certified ESL and bilingual teachers.

Goals:

By October 2014, the percentage of students who are identified asLEP/ELLs and not being served in a bilingual and/or ESL program

taught by an appropriately certified teacher, including all LEP/ELL

sub-groups (Long-Term, SIFE, etc.) will be reduced by 90% or more

measured against the baseline information for the 2010-2011 school



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year. DOE will reduce by the indicated percentages the LEP/ELLs not

served at each target date, as listed below. Students currently X-

coded are excluded from this goal as the X-coded issue is beingaddressed in separate discussions with the SED.

Beginning in October 2014, the DOE will employ sufficient numbers

of appropriately certified bilingual and ESL teachers to support the

goal described above. The DOE will also employ sufficient certified

bilingual and ESL teachers to support each of the interim targets

listed below.


By September 15, 2011, baseline information for the 2010-11 school

year on the LEP/ELLs not being served in a bilingual and/or ESL

program, including all LEP/ELL sub-groups (Long-Term, SIFE, etc.)

will be provided by the DOE to the SED.

By October 31, 2011, the DOE will reduce by 25% the percentage of

LEP/ELLs not served, measured against the 2010-11 school year.





By October 31, 2014, the DOE will reduce by 90% or more thepercentage of LEP/ELLs not served, measured against the 2010-11

school year.

By late February following each deadline, the DOE will provide the

SED with a detailed progress report by district, school and grade

level on the number of LEP/ELL students not being served in a

bilingual program and/or receiving ESL services. Information will be

disaggregated by LEP/ELL subgroups, such as Long-Term, SIFE, etc.

Starting September 30, 2014, the DOE will provide a detailed

progress report as part of its yearly CR Part 154 application to the

SED on specific steps taken to ensure that LEP/ELL students are

being served through a bilingual or ESL program.




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Number and percentage of students by LEP/ELL subgroup

Supports the DOE has provided to and the interventions it has

undertaken in schools, networks and districts with regard to thesegoals


accountable, such as adding compliance with this requirement to the

network performance metrics and the PPR, placing letters in the

personnel files of school principals and withholding Title III funds

Documentation regarding short-term and long-term efforts to assist

content area teachers to obtain bilingual extensions

Documentation regarding short-term and long-term initiatives (i.e.

incentive programs) to obtain certification of current ESL and

bilingual teachers

Documentation regarding short-term and long-term initiatives (i.e.

incentive programs) to recruit new teachers who are certified in ESL

and bilingual education

Documentation regarding the long-term sustainability of the planned

efforts


goals

Accountability/Consequences:The DOE will hold schools and theirnetworks accountable for complying with this requirement by including

this item in the network performance metrics and the PPR. In addition, the

DOE will take appropriate action against schools that are not in

compliance through the use of measures such as placing letters in the

personnel files of the principals, the withholding of Title III school funds,

and holding the principal of the school accountable with a lower score on

the PPR. The use of any particular measure or combination of measures

will depend on the scope and severity of the non-compliance.



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Issue 3: Parent choice is an issue which must be addressed.

NYCDOE has taken important steps to address this issue,

including creating new Transitional Bilingual Education Programs(TBE), awarding annual TBE and Dual Language (DL) planning

grants, and planning an internal, cross-functional team to

prioritize parent choice.

Action Plan:The DOE will expand the number of bilingual programs

offered by New York City schools, prioritizing those geographic areas of

the city with both high concentrations of ELLs and significant parent

demand for bilingual programs to ensure sufficient program choices within

a community. By focusing on neighborhoods with these two

characteristics, the DOE will most effectively meet the program needs ofELLs and their families. The DOE will also take strategic measures to

ensure that the existing and newly created programs receive the support

needed to be successful. Recognizing the budgetary restrictions of the

current economic climate, the objective is a carefully paced but aggressive

multiyear plan of opening new bilingual programs and expanding current

bilingual programs to additional grades and classes. The expansion of

bilingual programs over the term of this plan will be based on a careful

analysis of the data.

The DOE will annually review the progress and current trends in order to

increase the ability to support parent choice. Specific schools will be

identified to open bilingual programs after consultation with cluster and

network leaders and based on, but not limited to, the following:

number of ELL students within schools, campuses, and geographic

proximity

geographical distribution of parent choice for specific programs (see

discussion at beginning of this section)

sufficient number of bilingual programs to ensure continuity at all

school levels

language groups that have few bilingual programs

schools that have certified bilingual teachers and ELLs, but no

bilingual program



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expansion of programs in schools that have bilingual programs only

in selected grades

In setting its priorities for the opening of new bilingual programs, the DOE

will review data by district, school level, number of ELLs and the number of

existing bilingual programs. Information will also be collected from the

DOE Enrollment Centers to determine the greatest need. The schools

chosen to meet the targets for additional bilingual programs set out below

will be based on an analysis of the greatest need among schools with high

concentrations of ELLs geographically and with significant parent demand.

A number of the new bilingual programs will result from OELLs

collaboration with other DOE offices in the selection process for all new

schools. The Division of Portfolio Planning (DPP) works with new school

applicant teams to develop bilingual programs and ensure that all

approved applicant teams are prepared to serve all levels of ELLs. OELL

has worked with DPP to support new schools opening bilingual programs.

Furthermore, new schools selected by the DPP will be required to include

in their proposals sufficient programming to meet the needs of all ELLs

who may enroll at the school.

In all cases where the DOE has opted to phase out a school due to poor

performance and that school has a bilingual program, OELL will work with

DPP to ensure that the level of bilingual services is maintained or

increased if there is demonstrated demand. In most cases, this goal will

be met by establishing a bilingual program in one or more of the new

schools created to replace the phase-out school. In other cases, the two

DOE offices may determine to establish a new bilingual program or

increase the level of services at an existing bilingual program at a nearby

school. In any case, there will be no reduction in the total number of

bilingual programs offered when a school is phased out. In cases where

new schools are developing bilingual programs, OELL will work with the

school and DPP in the planning stages around curriculum development,student identification, parent outreach, and other essentials necessary for

success.



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In addition, OELL and DPP will review high school campuses where no

school on the campus currently offers a bilingual program to identify

where one should be offered (if there is sufficient demand to supportstarting a program in the location). DAPS, and more specifically network

teams, together with OELL, will then work with these identified schools to

ensure that they are developing highly effective bilingual programs.

Create Meaningful Supports for Schools to Establish Bilingual Programs:

OELL administers grants and funding to schools:

TBE/Dual Language Planning Grants: OELL provides planning grants

for schools developing bilingual programs, both TBE and Dual

Language.

ELL Reserve Fund: OELL administers the ELL Reserve Fund that

provides supplemental funding for schools that receive significant

and unanticipated increases in the number of ELLs (above a certain

threshold) after the October 31 date upon which Fair Student

Funding for the schools is based.

Apart from funding, a Bilingual Program Work Group will be formed,

composed of representatives of the schools that are scheduled to open

bilingual programs in the 2011-2012 school year, and appropriate staff

from OELL and the Office of School Support. This group will meet regularlyover the school year to address common challenges, strategies and share

successes and best practices.

Establish Mechanisms to Monitor, Track, and Ensure that Parent Choice is

Honored: In order to improve recordkeeping around a parents choice of

an instructional model for his/her ELL, OELL is working with the Division of

Instructional and Information Technology (DIIT) to create a screen in the

DOEs internal ATS data system, whereby the school will record the

instructional model initially chosen by the parent of an ELL. This will

create records of what parents have chosen by school and can be used to

track demand and fulfillment for various instructional models. It will also

provide data to improve overall planning for ELL support and help



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administrators project which schools should be prepared to open bilingual

programs.

Also, the Office of Compliance Services (OCS) will partner with OELL to

develop a question which will track and monitor parental choice, and

which will be added to the compliance program for Fiscal Year 2012. OCS

and OELL will develop the required metrics to be applied in the calculation

of schools compliance levels pertaining to this question. OCS will provide

support to schools on complying and will also provide citywide and school

level analyses to OELL. OELL will work with the Office of School Support to

implement measures which will improve the quality and accuracy of the

decentralized process of collecting parent choice information. OELL will

conduct monitoring visits to schools to ensure that parents are receiving acomplete orientation in which all program options based on CR Part 154

regulations (as modified by the ASPIRA consent decree) are presented.

Monitoring visits will focus on schools whose program options do not

match parent choice trends and schools without bilingual programs. The

DOE will work with SED to identify a schedule of schools to be visited

jointly. Working with our contracted audit partner Ernst & Young, the

DOEs Office of Auditor General will develop and execute an audit plan to

assess the Department's implementation of ELL Parent Choice. The audit

will include a parent survey to which parents will respond anonymously

without the schools knowing which parents have been surveyed. The audit

will be conducted in accordance with Generally Accepted Government

Auditing Standards (GAGAS). The DOE will share a draft of the audit plan

with SED for review, comment and approval prior to sample selection and

field work. Because of the need to adequately plan and prepare for this

audit, the first audit report would not be issued until spring of 2012. The

findings will be shared with the respective DOE offices for support and/or

necessary corrective action.

Enrollment: In a collaborative effort among OELL, the Office of Student

Enrollment (OSE), and the Office of School Support (which houses clusters

and networks supporting schools), school enrollment data will be used to

identify schools which appear to be likely candidates for creation or

expansion of bilingual programs. There will be a coordinated effort among



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these offices to reach out to these schools before the annual enrollment

process begins. OELL will create a one-page summary of the parent choice

process including descriptions of the three program options for inclusion inall enrollment packets. OELL will develop new parent materials or expand

current parent materials to provide additional information on program

options and where they are available.

With regard to the Parent Choice process, the individual schools rather

than the enrollment centers are responsible for providing parents of ELLs

with the required orientation and the program option information. Each

school as part of its Language Allocation Policy (LAP) must state how they

show the parent choice orientation video and the title and name of the

pedagogue in the school who is responsible for showing it to parents. Theschool informs the parents that if they choose a bilingual program for their

child and none exists at the school, their child has an option to transfer to

a school that offers a bilingual program. Such transfer requests are

processed by the central DOE offices. A list of schools in the New York City

system with Transitional Bilingual Education and Dual Language programs

is available on the DOE website.

The enrollment centers primarily deal with high school placements and

then mostly withstudents who are new to the system. While there is an

expansion of the Enrollment Centers during the peak registration period atthe beginning of the school year, at the end of this period enrollment

centers still exist and are operational in each of the boroughs.

The general rules of the DOE with regard to transportation apply to

students who have chosen a school based on its ability to provide the

desired program option. This is based on distance between the students

home and the school they are actually attending. In the case of a school

for which there are more requests for a specific bilingual program than

there are seats allocated to the program, the response by the DOE will

depend on the circumstances of the particular school, the number ofrequests received and the options available. The school might make room

in the class for the additional student if there is space or open another

bilingual class if there is asufficient number of students to support this. If

neither of those options is available, the student will be offered placement



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in another school with a bilingual program chosen by the parents, with

transportation provided as needed, consistent with DOE regulations.

Clarify policy expectations and build the capacity of school leaders, school

staff and the entire support organization citywide to meet the academic,

linguistic, and cultural needs of ELLs:To clarify requirements related to

parent choice, a policy brief will be developed and disseminated

throughout all public schools in New York City.

OELL will continue its monthly professional development sessions for the

network ELL liaisons, increasing the focus on the development and support

of bilingual programs. OELL will provide training over the summer for

schools scheduled to open or expand bilingual programs in the coming

school year, focusing on the development of programs that match the

needs of the particular school.

In order to educate and support schools on the multitude of ways in which

bilingual programs can be implemented, the DOE will hold a series of

workshops for cluster and network staff to explain bilingual program

models and to increase their capacity to assist schools in creating such

programs. Networks with the greatest need for forming bilingual

programs will attend these sessions, which will also feature principals

sharing their experiences with their long-standing, successful bilingual

programs. The DOE will have sufficient numbers of ELL specialists on staff

to meet the needs of the schools they serve.

Beginning in spring 2011, an annual citywide symposium on bilingual

education will be held to keep bilingual educators (e.g., principals,

teachers) abreast of new research, strategies, and programs. Attendees

will be provided with a learning platform to gain knowledge on

establishing, funding, purchasing for, and expanding bilingual programs.

Inform and Engage Parents, Communities, and Non-DOE Key Stakeholders:

OELL will coordinate with the Office of Family Information and Action, the

Translation Unit, and the Office of School Support to provide borough-wide

parent institutes to inform parents of their program choices. Each

borough will have one-day parent institutes, which will allow parents of



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ELLs to receive information about their rights and responsibilities, as well

as other important information (including the importance of program

consistency for students). OELL will also develop scripts to be used byP311, the parent hotline, for responding to inquiries about enrollment and

the parent choice process. The DOE will create a program of media

outreach regarding parent choice aimed at the parents of ELLs. In

addition, a mechanism will be created for collecting feedback from parents

and community groups on the implementation of bilingual programs.

The DOE will not only reach out directly to parents but will also conduct

training sessions for community groups to increase the capacity of those

who work with ELL parents and to raise awareness of ELL parents rights,

responsibilities, and program options for their children.

Training Program:The DOE will train/retrain key staff with regard to CR

Part 154 on parental choice options. Specifically, OELL will provide training

to all enrollment personnel involved in the intake process as well as

network staff with regard to the required process for providing parental

choice. In addition to this, OELL will provide mandatory training for one

staff member at each school using the ELL Parent Information Case (EPIC).

The EPIC is a school-based kit which includes documents and resources to

assist schools in sharing comprehensive information about ELL programs

and services with parents, periodically updated to reflect the latestinformation. Specifically, the toolkit contains a 50-page Facilitators Guide

describing ELL reforms, regulations, processes, parent notifications,

assessments, professional books, and a Parent Orientation DVD translated

into 12 languages other than English. This training will be completed in

accordance with the Performance Objectives/Targets set forth below. The

training should reflect new procedures from SED pertaining to the

screening (home language questionnaire, interviews of students to

determine whether they are ELLs), once the new HLIS and these

procedures have been finalized and implemented.

Goals:

By September 30, 2012, the DOE will have trained enrollment and

network and school staff on CR Part 154 regulations (as modified by

the ASPIRA consent decree) and on parental choice options, in



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accordance with the training program described above. The DOE will

have retrained 50% of all personnel by each target date as stated

below. By September 30, 2013, in accordance with the target dates stated

below, the DOE will have created 125 additional bilingual programs

beyond the 351 existing programs for 2010-11. This is subject to

revision based on parent choice and community need.


Retraining of Personnel on Parental Choice:

By December 31, 2011, the DOE will have completed 50% of the

training program described above.

By September 30, 2012, the DOE will have completed 100% of thetraining program described above.

Within 30 days of each of the target dates above, the DOE will

provide the SED with a progress report on the number of staff

retrained on CR Part 154 regulations and Parental Choice options.


progress report to the SED, as part of its yearly CR Part 154

application, on the dates and nature of the training for new

personnel on Parental Choice options, based on CR Part 154 (as

modified by the ASPIRA consent decree).

New Bilingual Programs

By September 15, 2011, the DOE will provide to the SED a report

(including language, district, grade level and number of students

enrolled) on the number of bilingual programs in place during the

2010-11 school year in the NYC schools.

By September 15, 2011, the DOE will provide a detailed report (by

district, grade and language groups) to the SED on the number of

bilingual programs that need to be created, based on expanding

parent choice in a geographic community. This will be based on an

analysis of the ELL population in each community.



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By September 30, 2011, the DOE will increase by 20 (broken down

as follows: 12 elementary, six middle, two high school) the numberof bilingual

programs

citywide as

measured

against the

baseline for the

2010-11 school

year. The new

programs will be

concentrated in those geographic areas of the city showing the mostneed for bilingual programs.

By September 30, 2012, the DOE will increase by an additional 40

the number of bilingual programs citywide, to the extent supported

by community need. This target will be reviewed and adjusted, as

needed, based on parent choice. The new programs will be

concentrated in those geographic areas of the city showing the most

need for bilingual programs. Based on a gap analysis by the DOE of

that geographic need, the priority for these programs would be the

following NYC community school districts: Districts 4, 6, 7, 10, 20,21, 22, 24, 25, 26, 27, 28 and 30.

By September 30, 2013, the DOE will increase the number of

bilingual programs citywide by an additional 65, to the extent

supported by community need. This target will be reviewed and

adjusted, as needed, based on parent choice. The new programs will

be concentrated in those geographic areas of the city showing the

most need for bilingual programs based on program gap analysis.

The DOE will reach out to obtain sufficient numbers of certified

bilingual teachers, to the extent personnel are available, to ensure

that certified bilingual teachers will be in place in each of the

bilingual programs opened under the targets above from the first

day the program is opened.


Table 2: Targets for Additional Bilingual

Programs(2012 and 2013 targets are subject to review and

adjustment, as needed, based on parent choice and

community need.)

September 30, 2011 20 additional programs

September 30, 2012 40 additional programs (in

addition to prior targets)

September 30, 2013 65 additional programs (in

addition to prior targets)


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The DOE will meet with the SED annually to review ELL

demographics and parent choice data in the New York City schools

to discuss possible revisions to the above targets based on parentchoice data.


provide the SED with a progress report (including language, district,

grade level and number of students enrolled) on the number of

additional bilingual programs created, which will include the

estimated increase in the number of students in bilingual programs

since the prior school year.


progress report (by district, grade and language groups) on the

number of bilingual programs based on the total LEP/ELL population

in each district as part of its yearly CR Part 154 application to the

SED.


The DOE will document the monitoring visits made to ensure that

parents are receiving a complete orientation in which all program

options are presented and report to the SED on what has worked as

well as the necessary modifications/changes that have been made to

orientation meetings.

Data organized by district, on new bilingual programs and bilingual

programs that have been closed due to changes at the building

level (school organization, reduction of LEP/ELLs, etc.) or due to

school phaseouts.

Process by which parents, district and network personnel have been

notified of CR Part 154/parent choice orientation sessions.

Report of findings and recommendations from audit of the DOEs

implementation of its ELL parent choice program, and corrective

actions being taken or to be taken to remedy identified deficiencies.

Documentation regarding support the DOE has provided to andactions it has taken in schools, districts and networks with regard to

parent orientation and ELL program options.





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network performance metrics, placing letters in the personnel files of

school principals and withholding Title III funds.


networks accountable for providing the required information to parents on

program options, by including this item in the network performance

metrics. In addition, the DOE will take appropriate action against schools

that are not in compliance through the use of tools, such as letters to the

personnel files of the principals, the withholding of Title III school funds

and holding the principal of the school accountable with a lower score on

the PPR. The use of any particular tool or combination of tools will depend

on the scope and severity of the non-compliance.

To address the failure to create bilingual programs when required as

indicated by parent choice, the following escalation path will be followed

to ensure principals accountability:

Network leader addresses non-compliance with principal in

spring/summer and resolves any immediate issues.

Network leader, ELL compliance and performance specialist (ELL

CPS) and superintendent collaborate with principal to develop a plan

of action, with measurable benchmarks and outcomes, to bring

schools practice into compliance.

Network leader, ELL CPS and superintendent will meet with principal

regularly to review progress to completion of the plan. If principals

practice remains non-compliant after first benchmark has passed,

network leader and superintendent will jointly conduct a

walkthrough of the school and submit a letter to the principals file.



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Issue 4: Long-term LEP/ELLs must receive bilingual and/or ESL

services until they are no longer LEP/ELLs based on the NYS

proficiency exam, the NYSESLAT.

Action Plan: All ELLs are entitled to receive ELL services as outlined in

Commissioners Regulations Part 154. The DOE will reinforce this

requirement to the field through a forthcoming policy brief, a draft of

which will be shared with SED before its dissemination. Additionally, the

DOE will continue to emphasize this requirement in all communications

and training sessions to schools regarding mandated services.

Scheduled monthly Language Allocation Policy (LAP) training sessions for

school administrators emphasize the requirement to provide services to allELLs, including Long-term ELLs (LTEs). Additionally, many of OELLs

professional development offerings include techniques and strategies that

address the needs of LTEs.

The DOE is committed to improving the academic performance of this

population of students. Each year OELL administers a grant which awards

funds to create programs targeting the needs of LTEs as well as Students

with Interrupted Formal Education (SIFE). During the 2010-11 school year,

the SIFE/Long-term ELL Academic Intervention Grant program awarded

over $2.8 million to 57 schools throughout the city. Schools may use theadditional funds to

Purchase academic interventions

Reduce class size

Offer extended-day programming

Establish peer tutorial programs

Create opportunities for exposure to college and career

opportunities, mentoring, and internships

Build background knowledge through cultural partnerships

Schools also use the funds awarded through the grant to create

professional development and parent involvement opportunities. The DOE

will review and consider for implementation additional steps to support

LTEs, such as guidance for schools on how to serve these students,



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targeted PD for schools not serving LTEs, and addressing identification

issues.

Goal: By June 30, 2013, the DOE will reduce to 0-10% of the baseline

number for the 2010-11 school year the number of LTEs who are not being

provided bilingual and/or ESL instruction (with or without an IEP) as

required by CR Part 154. Interim reductions will be achieved in accordance

with the targets set forth below. LTEs who are X-Coded are excluded from

this baseline number and the performance targets below, since X-Coded

students are the subject of a separate initiative by the DOE and the SED.


By September 15, 2011, DOE will provide to the SED a detailed

progress report for the 2009-10 and 2010-11 school years on the

number of LTEs (with or without an IEP) who are not being provided

bilingual and/or ESL instruction.

By February 28, 2012, the DOE will reduce by 25% the number of

LTEs (with or without an IEP) who are not being provided bilingual

and/or ESL instruction as measured against the baseline number for

the 2010-11 school year.

By July 31, 2012, the DOE will reduce by 50% the number of LTEs

(with or without an IEP) who are not being provided bilingual and/or

ESL instruction as measured against the baseline number for the2010-11 school year.

By February 28, 2013, the DOE will reduce by 75% the number of




By July 31, 2013, the DOE will reduce by 90-100% the number of





provide the SED with a progress report regarding the number of


and/or ESL instruction.



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Starting on September 30, 2013, the DOE will provide a detailed

progress report as part of its yearly CR Part 154 application to the

SED on specific steps taken to ensure that all LTEs (with or withoutan IEP) will be provided the required bilingual and/or ESL instruction.


Information on the number of LTEs, with or without an IEP, who are

not being provided bilingual and/or ESL instruction

Information by school and by grade level on the percentage and

number of LTEs not served in relation to the total LTE population

Information on new programs, tools and services developed to

support the academic achievement of LTEs

Evidence of established procedures for notifying schools, districts,and networks of the service needs of LTEs

Evidence of professional development given to content area

teachers and other school staff in schools not serving LTEs

Supports the DOE has provided to and intervention the DOE has

taken in schools, networks and districts regarding services to LTEs



network performance metrics, placing letters in the files of school

principals and withholding funds Other actions taken by the DOE in support of achieving the stated

goals

Accountability/Consequences: Upon completion of BESIS in midyear,

cluster leaders and network leaders will be provided school-level data that

contains the number of LTEs at each school and the schools that are not

providing their LTEs with the mandated services. Networks will reach out

to the schools to ensure that they are all providing these services and

report the results of their efforts to the ELL CPSs within 30 days of

receiving notice of the schools not in compliance. The DOE will takeappropriate action against any school still not in compliance at that time,

such as placing letters in the personnel folders of principals, withholding

funds and holding the principal of the school accountable with a lower

score on the PPR. The use of any particular action or combination of



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actions will depend on the scope and severity of the non-compliance. The

DOE will also hold schools and their networks accountable for ensuring

that all LTEs are being provided bilingual and/or ESL instruction throughinclusion of this item in the network performance metrics.



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Issue 5: Some schools did not submit the Request for Extension of

ServicesForm A-7 as required by CR Part 154.

Action Plan: The ELL Extension of Services is collected annually from

September through mid-October. In order to capture the data accurately

and completely on each eligible student, in fall 2011, the DOE will

Conduct two webinars that will be broadcast via the internet

allowing all school staff to receive the latest training and updated

information

Require schools to print out and submit the Principals Certification

by a date indicated in and disseminated through established DOE

communication systems

Create an online, video tutorial showing school staff how to completethe Request for Extension of Services process

Post updated support materials, such as the PowerPoint and

direction manuals

Provide training sessions to each cluster, inviting both network and

school staff, on the procedures for completing the Request for

Extension of Services

Review schools descriptions of interventions provided to the

students who are eligible for extension of service to confirm

students needs are aligned to the interventions detailed by theschool

Assign ELL CPSs to reach out to networks to ensure that the process

is executed accurately and in a timely manner

Send weekly updates to cluster and network staff on the completion

progress to enable them to follow up with schools that have not

completed the Request for Extension of Services

Goals:

By November 15, 2011 and each November 15 thereafter, the DOE

will submit the CR Part 154 Requests for Extension of Services (FormA-7) for the year, including the description of services to be

provided.

The DOE will create an electronic system designed to track the

submission of Form A-7, the reasons for the request and signature



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by the principal beginning with the September 30, 2012 CR Part 154

DOE application.


By September 30, 2011, the DOE will submit a plan on how the DOE

will generate the CR Part 154 Form A-7 report electronically starting

September 30, 2012.

By November 15, 2011 and by each November 15 thereafter, the

DOE will submit all Requests for Extension of Services (Form A-7) for

the year, including the description of services to be provided.

By September 30, 2012, the DOE will report the Form A-7

information collected via the electronic tracking system on a

monthly basis to the SED. The progress reports will include dates,

names of schools and student grades.

By October 31, 2012, the DOE will track the status of submissions of

Form A-7 to the SED as part of its CR Part 154 yearly application.


Evidence of established procedures for notifying schools, districts

and networks of the importance of timely submission of the A-7Form and support received from the DOE to ensure timely

submission



network performance metrics and withholding Title III school funds


goals


networks accountable for ensuring that Requests for Extension of Services(Form A-7) are submitted in a timely manner through inclusion of this item

in the network performance metrics. In addition, the DOE will take

appropriate action against schools that are not in compliance through the

use of measures such as placing letters in the personnel files of the



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principals, the withholding of Title III school funds and holding the principal

of the school accountable with a lower score on the PPR. The use of any

particular measure or combination of measures will depend on the scopeand severity of the non-compliance.



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Issue 6: Some schools did not submit their NYC Language

Allocation Policy (LAP) by the deadline established between

NYSED and NYCDOEs Office of English Language Learners.

Action Plan: A Language Allocation Policy (LAP) is a systematic plan for

language development that guides programmatic and curricular decisions

for students until they acquire academic proficiency in English. The DOE is

committed to requiring that all schools develop, submit, and implement a

comprehensive LAP that addresses the unique academic and linguistic

needs of their ELLs and families.

In order to achieve this, the DOE will

Post an updated, State-approved LAP submission form for download

by June 1 of the previous school year

Continue to update documents to support creation of LAPs so that

they are readily available to networks and schools

Coordinate timelines and final due dates among the DOEs Office of

English Language Learners and Office of School Improvement, and

New York States Office of Bilingual Education and Foreign Language

Studies

Provide LAP Tool Kits to be distributed to all schools attending full-

day training sessions for school administrators

Continue to provide ongoing monthly LAP training sessions forschool administrators (mandatory for schools that have not

submitted their LAPs)

Continue to work with networks to provide LAP clinics and technical

sessions for schools within their assigned networks

Provide schools with feedback on their LAPs, which will be placed in

a database for data analyses, including but not limited to

o identifying areas of strengths and needs of ELL programs by

school, district, network and cluster

o

reporting trends and patterns among school types in order toaddress any concerns

o creating training sessions and a professional development

series that targets concerns



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o showcasing exemplar programs for ELLs in order to duplicate

when possible

Prior to the 2010-11 school year, the LAP consisted of two parts: a form

requiring statistical, assessment, and demographic data and a narrative of

the ELL program written on school letterhead. In consideration of the

feedback from the State and schools, the LAP was redesigned so that it is

no longer necessary to have separate documents; all parts have been

combined into one comprehensive document. In addition, the new LAP

submission form is for all schoolsK to 12which allows for all types of

school configurations (e.g., K-8, 9-12, 6-12).

Goals: The DOE will submit the drafts of the school LAPs by October 31 of

each year.

The DOE will create an online system to track the status of

submissions of the NYC LAPs beginning with the September 30, 2012

CR Part 154 DOE application.


By October 31, 2011 and each October 31 thereafter, the DOE will

submit the drafts of the schools LAPs for the year.

By September 30, 2012, the DOE will have in place a system to trackthe status of submissions of the NYC LAPs to the SED as part of the

CR Part 154 yearly application.


Evidence of established procedures for notifying schools, districts

and networks of the importance of a timely submission of the NYC

LAP documents

Nature of supports, interventions and actions provided by the DOE to

schools, districts and networks to complete LAPs

The NYC LAP information collected via the electronic tracking system

provided on a monthly basis to the SED





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network performance metrics, placing letters in the files of school

principals and withholding Title III funds

Other actions taken by the DOE in support of achieving the statedgoals


networks accountable for ensuring that the LAP is being submitted in a

timely manner through inclusion of this item in the network performance

metrics. In addition, the DOE will review the LAP submission data from the

2010-11 school year and identify those schools which have been most

egregious in missing the filing deadlines for the LAP. This list will be shared

with the networks and the networks will reach out to the schools on this

list to inform them of the importance of submitting the LAP in a timelymanner. They will inform them that continued failure to comply with this

requirement will result in action being taken by the DOE against the school

through the use of measures such as placing letters in the personnel file of

the principal, the withholding of Title III school funds and holding the

principal of the school accountable with a lower score on the PPR.

Beginning in November, the DOE will review the LAP data for these schools

and take action against any of these schools not yet in compliance. The

use of any particular measure or combination of measures will depend on

the scope and severity of the non-compliance. The list of target schools

will be reviewed and revised annually.



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Conclusion: As outlined in this action plan, the New York City Department

of Education is committed to:

providing all ELLs a rigorous education that addresses their

academic, linguistic, and cultural needs

informing, offering, and providing parents a choice of ELL program

based on community needs

administering the LAB-R in a timely manner

As this action plan is launched, the DOE recognizes the need to evaluate

the plans progress, make adjustments when required, and provide

updates to both DOE and SED stakeholders.

The DOE also recognizes that the success of this plan rests upon not only

the hard work of DOE stakeholders but also the support and commitment

to excellence of the New York State Education Department and the Office

of Bilingual Education and Foreign Language Studies.

The DOE looks forward to collaborating with the New York State Education

Department as well as community leaders, parents, and other key

stakeholders in order to accelerate the achievement of all English

Language Learners throughout the entire city.

DOE Corrective Action Plan 10-11

Documents

Transcript of DOE Corrective Action Plan 10-11