- In 2011, the New York State Education Department (NYSED) issued a field memorandum regarding the rights of English Language Learners (ELLs) determined to be eligible for special education services.
- In an effort to reinforce this information with the field, the Office of Bilingual Education and World Languages and the Office of Special Education has released the attached updated memorandum clarifying NYSED’s policy regarding the rights of ELLs who are identified as eligible for special education to continue receiving language acquisition services as required under Part 154 of the Regulations of the Commissioner of Education and federal civil rights law.
- School districts are required to ensure that an ELL, including an ELL with a disability, has access to appropriate instructional and support services (see section 154-2.4(b)).
- Specially designed instruction cannot replace a student’s right to access the district’s bilingual education or stand-alone English as a New Language (ENL) program as a result of issues such as scheduling or availability of staff to provide such services.
- Committees on Special Education (CSE) should consider whether the required Part 154 services must be met, in part or in total, through special education programs and services in which bilingual or ENL instruction is provided and include personnel with knowledge of second language needs when developing and reviewing individualized education programs for ELLs.
- For questions regarding this field memorandum and the instruction and programming for ELLs, please contact the Office of Bilingual Education and World Languages at (518) 474-8775 or OBEWL@nysed.gov.
- For questions regarding special education services, please contact the Office of Special Education, Policy Unit at (518) 473-2878 or SPECED@nysed.gov.
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