Objective

To assess the extent of implementation of the seven recommendations included in our initial audit report, English Language Learners Program (2022-S-30).

About the Program

According to the U.S. Department of Education, there is a well-documented achievement gap between students learning the English language and their English-proficient peers, as demonstrated through lower test scores and lower graduation rates. Ensuring that English Language Learners (ELLs)—students who, by reason of foreign birth or ancestry, speak or understand a language other than English, speak or understand little or no English, and require support to become proficient in English—receive appropriate support to improve English proficiency can result in better academic outcomes and engagement in their communities. State Education Department (SED) data shows that ELL enrollments are on the rise in New York, with the number of ELL students outside of New York City increasing more than 19% from school years 2019–20 to 2024–25.

Title III of the federal Elementary and Secondary Education Act of 1965 (Title III), as amended by the Every Student Succeeds Act (ESSA) of 2015, seeks to ensure that ELL students attain English language proficiency and meet the same academic standards as their peers. Part 154 of the Regulations of the Commissioner of Education (Part 154) specifies standards for identifying and providing educational services to ELLs in New York State. Under Part 154, students are generally entitled to receive an education in the school district where they live, regardless of the language they speak. This includes the right to receive all core content instruction and to learn English and other subjects at the same academic level as all other children.

Within SED, the Office of Bilingual Education and World Languages (OBEWL) enforces Part 154 and provides ongoing guidance, professional development, resources, and assistance to school districts on issues related to the education of ELLs. During the 2024–25 school year, excluding New York City schools and charter schools, OBEWL was responsible for 125,387 ELLs at 585 public school districts with approximately 200 language backgrounds. Additionally, OBEWL oversees the Regional Bilingual Education Resource Networks, which provide developmental and technical support and guidance to school districts with ELL students.

The objective of our initial audit, issued on September 18, 2024, was to determine whether SED was adequately overseeing whether school districts were providing services to ELLs as required. The audit covered the period from July 2019 through November 2023. The initial audit found that SED needed to improve its oversight and work to remove barriers to ensure school districts are providing the services to which ELLs are entitled. Specifically, we found school districts lacked Bilingual Education (BE) programs and certified BE teachers, could not consistently provide sufficient documentation to support that ELLs completed the identification process and received required English as a New Language services, and did not always submit accurate data to the Student Information Repository System or share information regarding ELL transfer students. Furthermore, we found gaps in program monitoring, as OBEWL did not conduct any Building Reviews during our audit scope period. 

The objective of our follow-up was to assess the extent of the implementation, as of March 26, 2026, of the seven recommendations included in our initial audit report.

Key Finding

SED officials have made significant progress in addressing the issues we identified in the initial audit report. All seven of the initial report’s audit recommendations were implemented.