The State Education Department (SED) needs to improve its oversight and work to remove barriers to ensure school districts are providing the required services for students learning English, according to an audit released today by State Comptroller Thomas P. DiNapoli. The audit examined whether SED was adequately overseeing if school districts outside New York City were providing the required services to English Language Learners (ELLs).

"New York can do a better job when it comes to helping students who are learning English and close the achievement gaps — including lower graduation rates — that they are working so hard to overcome,” DiNapoli said. “With enrollment in programs to address these disparities on the rise, it’s crucial that SED provide adequate guidance and support for school districts to improve the academic outcomes and opportunities for English learners.”

SED data show that, as of August 2022, the four-year dropout rate for ELLs was 16%, notably higher than the average overall dropout rate of 5%. At the same time, ELL enrollments have risen, with the number of ELL students outside of New York City increasing 8% from 2019-20 to 2022-23. Because a high school diploma is a standard requirement for many jobs and higher education opportunities, graduation or its equivalent can be critical to the future success of these students.

Each year, school districts are required by state regulation to estimate ELLs by school and grade as well as the number of ELLs who speak the same home language. Students who are eligible for ELL services are placed in one of two programs: Bilingual Education (BE) or English as a New Language (ENL).

School districts are required to provide BE programs if 20 or more ELLs of the same grade level and home language are enrolled in the district. Nine of the selected 20 districts in the audit sample met this criterion for one or more languages and, therefore, required BE programs absent an exemption. Seven of the nine did not have a program or an exemption from BE requirements for all required languages and grade levels. These nine school districts enrolled 7,317 ELLs entitled to bilingual education; however, 5,632 (77%) students did not have programs available in their home languages and/or grade levels.

• Two districts (22%) offered BE programs for all entitled students (Geneva, Mineola);
• Five districts (56%) had BE programs available but not for all required languages and/or grade levels (Buffalo, Dunkirk, Lindenhurst, Suffern, Utica); and
• Two districts (22%) did not have the required BE programs (Sachem, Schenectady).

DiNapoli’s auditors surveyed another 80 school districts and received responses from 61. Of those, only 18 (30%) self-reported having BE programs available for all entitled students. Another 21 (34%) reported not having any BE programs available, and 22 (36%) reported not having programs available for all required languages and grade levels.

To teach ENL and BE classes, educators are required to have a base teaching certificate and be state-certified as a teacher of English to Speakers of Other Languages and/or have bilingual extension certifications, which authorize the holder to teach not only the subject they are already certified in but to also instruct ELLs in BE programs. Auditors found a lack of qualified teachers with BE extensions in languages commonly spoken by ELLs, limiting access to BE instruction. For some languages that require a BE program, auditors found that exams to qualify and certify teachers have yet to be created or translated, and SED has only recently revised some of its ELL teaching requirements to address these issues

DiNapoli’s audit also found:

• A sample of 749 students from the 20 school districts visited revealed that some students received uncertified instruction or instruction from a teacher who was not appropriately certified.
• Auditors could not determine if all students received the required ENL services because school districts could not provide sufficient documentation to support that all required ENL services were provided to 38% of the sampled students. In addition, districts did not consistently document or retain ELL identification process information, and auditors found at least one required document missing from 52% of the sampled student cumulative files reviewed.
• Many school districts without required BE programs are not obtaining a Bilingual Education Program Waiver from SED. While two districts obtained waivers, an additional seven were eligible for a waiver and did not obtain one as required.
• SED did not conduct any building reviews to monitor compliance with the law at individual schools during the audit scope. While reviews were suspended due to the COVID-19 pandemic, they had not resumed as of the end of audit fieldwork in November 2023.
• School districts did not always submit accurate or consistent data, affecting SED’s ability to effectively monitor school districts compliance with requirements and limiting information to guide decisions that could improve student performance, professional development, and provide needed resources.

The audit recommended SED:

• Enhance monitoring activities and guidance to ensure school districts comply with the law, provide required services, and retain necessary documentation;
• Continue to work with the Board of Regents to increase the number of certified instructors;
• Reinforce waiver requirements for schools not offering BE programs for all applicable home languages and grade levels;
• Work with school districts to help them obtain and retain required documentation regarding ELL identification and provision of services;
• Resume building reviews at school districts in order to monitor compliance with the law;
• Work with school districts to improve the reliability of program and participation data; and
• Provide guidance to school districts to enable efficient sharing of information between school districts to ensure continuity of services for ELLs who relocate.

SED officials generally agreed with the audit’s recommendations and have indicated actions they will take to address them.

Audit
State Education Department – English Language Learners Programs