Commissioner's Regulation Part 154

overview of CR Part 154

The Commissioner’s Regulation of New York State governs the education and services for ELL’s.

According to the NYSED, there are three sections of CR Part 154:

  • CR Part 154.1 and 154.2- Describe previous and amended requirements that went into effect in 2015-2016.

  • CR Part 154.3- Describes the requirement of ELL services specific to ELL students with a disability. The English Language Learner policy and reference guide details the implementation of CR Part 154.

  • Subpart 154-3- Is part of the New York State Education Department’s effort to improve instruction and programming for English Language Learners/Multilingual Learners (ELLs/MLs) to ensure greater outcomes for this student population. Subpart 154-3 establishes criteria for determining whether a student with a disability shall take the statewide English Language proficiency identification assessment.

See NYS Guidance Document

summary of cr part 154

1. Initial Identification: The initial identification is completed using the New York State Identification Test for English Language Learners (NYSITELL) [CR 117.3 and 154-2.3(b)].

2. Annual English Language Assessment: An English language assessment is completed for each ELL annually to assess the student's English proficiency and determine the student's continued eligibility using the NYS English as a Second Language Achievement Test (NYSESLAT) [CR 154-2.3(l)].

3. Identification of ELL Students Suspected of Having a Disability: All laws and regulations regarding entry screening and procedures for diagnostic evaluation and placement of ELLs suspected of having a disability are followed [CR 154-3].

4. Information to Parents: School related information is distributed to parents in the language they understand [CR 154-2.3(f)].

5. Parental Notification: Parents of ELLs are notified of their children’s placement in a Bilingual Education or English as a New Language program in English and in the language they best understand. [CR 154.3(k)(1)] RCSD follows the provisions of Part 154.3(k) (2) and (k) (3): Parents are given the option of transferring their children to a school within the district with a bilingual program if their school does not currently have one. Parents may not withdraw their children from an ENL program.

6. Orientation and Biannual Parent Meetings: RCSD provides an orientation session for parents of ELLs on the State Standards and Assessments, school expectations and general program requirements and meets with parents at least twice a year [CR 154-2.3(f)(1)].

7. English as a New Language Requirements: All school buildings in RCSD with bilingual education or ENL programs are implementing the English as a New Language requirements for ELLs currently approved under CR Part 154 [CR 154-2.3(h)(1)and(2)].

8. Home Language Requirement: All school buildings in RCSD with bilingual education programs are implementing the home language arts requirements currently approved under CR Part 154 for ELLs [CR 154-2.3(h)(3)(i)].

9. Equal Access and Opportunities: ELLs are provided equal access and opportunities to all school programs, services and extracurricular activities offered by RCSD commensurate with their age and grade level [CR 154- 2.1].

10. Bilingual Education Program: A bilingual education program is implemented if there are 20 or more students in the same grade level in the District who speak the same home language, which is other than English [CR 154- 2.3(h)(3)].

11. Bilingual Education Teachers: Elementary and secondary grade teachers in RCSD, who provide instructional services to ELLs in bilingual education programs, hold a valid Bilingual Education Extension [CR Part 80].

12. Support Services: ELLs are provided the appropriate support services needed to achieve and maintain a satisfactory level of academic performance. Where appropriate, such services are provided in the student's native language [CR 154.3(h)].

13. English as a New Language Program: An ENL program is implemented in those school buildings within RCSD with an enrollment of fewer than 20 students of the same grade level with the same or different native language which is other than English [CR 154-2.3(h)(1)and(2)].

14. English as a New Language Teachers: Elementary and secondary grade teachers in RCSD who provide English to Speakers of Other Languages [CR Part 80].

15. Every year a parent notification letter is sent to parents regarding entitlement and non-entitlement. Such letters inform parents whether their child is eligible for ELL services. Schools must keep a copy of each parent letter on record.

16. Each parent can access the Parent Notification Letter regarding the NYSESLAT. The letter is available in twenty-six languages.

17. Biannual Meeting with Parents: Schools must individually meet with parents and guardians of ELLs, at least twice a year, in addition to parent teacher conferences to discuss their child’s language development needs. As part of the meeting, parents have the right to interpretation services.

18. Former ELL Services: RCSD provides those students who have exited ELL status at least .5 units of study, or its equivalent of Integrated English as a New Language (ENL) and English Language Arts (ELA) or a core content area subject [CR Part 154-2.3(h)(1)(v)] for two years after exiting ELL status.

19. Professional Development: RCSD offers professional development to RCSD personnel to enhance their ability to provide high quality instruction, support services to our ELL students, and to help them develop an understanding of, and appreciation for the home languages and cultures of our students. [CR 154-2.3(k)], in the amount consistent with section 80-3.6 and section 100.2(dd).


nysed cr part 154 units of study

bilingual-ed-k-8-units-of-study-table-5-6-15.pdf

nysed K-8 bil units of study

bilingual-ed-9-12-units-of-study-table-5-6-15.pdf

nysed 9-12 bil units of study

enl-k-8-units-of-study-table-5-6-15.pdf

nysed K-8 enl units of study

enl-9-12-units-of-study-table-5-6-15.pdf

nysed 9-12 enl units of study