Introduction to the Issue
The office of New York City Comptroller Brad Lander found “profound failures” in English Language Learners’ ability to access services and programs designed for them at the city’s public schools. An audit released Monday found that a “a significant percentage” of the school system’s English Language Learners (ELLs) hadn’t received the services they’re legally entitled to, such as required courses or a minimum number of instructional minutes.
Disproportionate Impact on Certain Communities
These failures disproportionately impact Spanish, Chinese, Russian, Bengali, and Arabic-speaking communities, with Spanish-speaking students representing 67 percent of all ELLs. Since Spring of 2022, over 237,000 migrants have come to New York City, many from Latin America, and their kids have been filling the classrooms of the city’s public schools, which saw 25,081 new ELL students, a 16.8 percent jump. ELL students represent 19 percent of total student enrollment, according to the Comptroller’s office.
Legally Mandated Services
They have also been denied other legally mandated services, the audit found, such as being identified as ELLs through the Home Language Identification Survey, being tested and placed through the New York State Identification Test for English Language Learners, and receiving a bilingual education or access to an English as a New Language program. A New York State Education Department Commissioner’s Regulation, CR Part 154, was created to ensure ELLs are not left behind and achieve the same educational goals and standards as non-ELLs.
Required Programs and Instruction
Additionally, CR Part 154 mandates that every school district provide ELLs with either a Bilingual Education or English as a New Language (ENL) Program. A bilingual program teaches students in two languages—their native language and English—to achieve proficiency in both, while ENL programs prioritize English language acquisition, with support in the student’s first language. The audit found that NYCPS did not provide the required courses, the minimum number of minutes of ENL instruction, or the minimum number of minutes of bilingual instruction to almost half (48 percent) of the students in the audit surveyed (145 out of 301).
Response from New York City Public Schools
When asked, New York City Public Schools (NYCPS, formerly the Department of Education) refuted the findings, stating that the report included students who were enrolled for less than 10 days, meaning they couldn’t be identified as ELLs or take the exam to assess their skills. The Comptroller’s Office emphasized, in response to NYCPS objections, that the audit results were shared with the department on several occasions and that education officials did not criticize the figures and methodology or ask for revisions during that process.
Experience on the Ground
“All I can speak about is our experience on the ground,” said Rita Rodriguez-Engberg, director of the Immigrant Students’ Rights Project at the nonprofit Advocates for Children. “We see families that we serve who are not provided services on time, students who are not identified on time, parents who have never been invited to the mandated parent meeting that they’re supposed to have.” NYCPS said it has many ways to ensure that ELLs are identified and placed on time: training by each borough’s ELL policy support staff; daily and monthly updates on eligible students sent to superintendents and district staff; and extra help and visits to schools that don’t follow the rules.
Teacher Qualifications and Bilingual Education Programs
Advocates were surprised to learn that 40 percent of students sampled by the comptroller’s audit were taught by teachers who do not have the full qualifications to teach ELL. When asked, NYCPS disagreed, saying that English as a New Language courses are often taught by an ENL teacher and a teacher of the subject being studied. In the last school year, 93 percent of ELLs received either bilingual education or ENL instruction from a teacher who was certified, the department said. School districts must meet certain requirements in offering bilingual education programs, but can also request a waiver if they’re unable to do so.
Conclusion
The issue of English Language Learners not receiving the services they are legally entitled to is a significant problem in New York City public schools. The Comptroller’s office found that a significant percentage of ELLs did not receive required courses or instructional minutes, and were denied other legally mandated services. While NYCPS has disputed the findings, advocates say that their experience on the ground confirms the audit’s results. The city must take action to ensure that all ELLs receive the services they need to succeed in the classroom.
FAQs
Q: What is the main issue found in the audit of New York City public schools?
A: The main issue found in the audit is that a significant percentage of English Language Learners (ELLs) did not receive the services they are legally entitled to, such as required courses or instructional minutes.
Q: Which communities are disproportionately impacted by these failures?
A: Spanish, Chinese, Russian, Bengali, and Arabic-speaking communities are disproportionately impacted, with Spanish-speaking students representing 67 percent of all ELLs.
Q: What is the purpose of the New York State Education Department Commissioner’s Regulation, CR Part 154?
A: The purpose of CR Part 154 is to ensure that ELLs are not left behind and achieve the same educational goals and standards as non-ELLs.
Q: What is the difference between a Bilingual Education program and an English as a New Language (ENL) program?
A: A Bilingual Education program teaches students in two languages—their native language and English—to achieve proficiency in both, while an ENL program prioritizes English language acquisition, with support in the student’s first language.
Q: How has NYCPS responded to the audit’s findings?
A: NYCPS has disputed the findings, stating that the report included students who were enrolled for less than 10 days, and has emphasized its efforts to ensure that ELLs are identified and placed on time.
