THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of Bilingual Education and Foreign Language Studies
89 Washington Avenue - Room 528 EB
Albany, NY 12234
Tel. 518-474-8775
Fax 518-473-4678
55 Hanson Place - Room 484-B
Brooklyn, NY 11217
Tel. 718-722-2445
Fax 718-722-2459
OFFICE OF BILINGUAL EDUCATION AND FOREIGN LANGUAGE STUDIES
MONITORING REPORT
District Name:
Hempstead Union Free School District
Schools Observed:
Hempstead High School, Hempstead High School Annex
Date of Visit:
Thursday, October 23, 2014
Reviewers:
Cosimo Tangorra, Angelica Infante-Green, Khin Mai Aung, Lissette ColonCollins, Michele Kinzel-Peles, Juan D. Vargas
Program Area:
Commissioners Regulations Part 154 (CR Part 154)
Monitoring Visit
On Thursday, October 23, 2014, reviewers from the New York State Education Departments
(NYSED) Office of Bilingual Education and Foreign Language Studies (OBEFLS) conducted a
monitoring visit at Hempstead Union Free School District (HUFSD, or the district). In addition to
meeting with district and building administrators at the district office, OBEFLS toured schools,
observed English as a Second Language (ESL) and math instruction at Hempstead High School
and Hempstead High School Annex, and met with building administrators and teachers at
Hempstead High School and Hempstead High School Annex.1 A follow up visit was conducted on
Wednesday, November 5, 2014 to review data and documents requested on October 23 which
HUFSD was unable to provide at the initial site visit.
English Language Learner Student Population
According to the districts 2013-14 CR Part 154 data report, English Language Learners (ELLs)
make up approximately 33.9% of the overall student population, and the overwhelming majority
(97.9%) of all ELLs are Spanish speakers from Central America. The district also has an emerging
Haitian Creole population, and currently about 1% of the districts ELLs are Haitian Creole
speakers.
Over the past year, there has been a large influx of newly arrived students, the majority of whom
are Spanish-speaking ELLs. In 2013-14, newcomer ELLs comprised approximately 81.4% of the
ELL student population. According to data provided by HUFSD staff following up from OBEFLSs
Staff from NYSEDs McKinney-Vento office accompanied OBEFLS on the monitoring visit with the purpose of meeting
with HUFSDs McKinney-Vento Liaison, and that office is also conducting its own review regarding compliance with the
federal McKinney-Vento Act, which protects the educational rights of homeless students.
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site visit, the district has received 1290 new students in the 2014-15 school year, of which 434 are
homeless under the federal McKinney-Vento Act .i
ELL Program Services
As of the 2013-14 school year, HUFSD provided Transitional Bilingual Education (TBE) to 56.6% of
ELLs, and free-standing English as Second Language (ESL) to 39.0% of ELLs. About 23.6% of
HUFSD ELLs were in high school, of which almost half (45%) were at the 9th grade level.
On October 22, 2014, HUFSD opened an Annex to Hempstead High School to house its large
influx of newly arrived immigrant students. According to HUFSD, the goal of the Annex is to
supplement the capacity of the already overcrowded facilities at Hempstead High School, in order
to have physical space for the new students and in particular for Students with Interrupted Formal
Education (SIFE).
Throughout most of the 2013-14 school year, HUFSD lacked a functioning Executive Director of
Bilingual Education, ESL and LOTE. As a result, many ELL program services in the district appear
to have lacked oversight and continuity last school year. For example, the Bilingual Education
department has not held any parent trainings or outreach events since the 2012-13 school year
(two school years ago).
In July 2014, the district hired Ms. Judy Goris-Moroff as its new Executive Director of Bilingual
Education, ESL and LOTE. This was a positive step forward in the districts ability to serve its
growing ELL population. However, in our interview of senior staff, we found an overreliance on Ms.
Goris-Moroff as the sole repository of the districts knowledge on ELL policies and procedures.
While it is appropriate to entrust the districts Executive Director of Bilingual Education, ESL and
LOTE with leadership in overseeing implementation of district policies and procedures relating to
ELLs, all senior staff should be knowledgeable regarding and able to provide information regarding
ELL policies and procedures. Especially in a district like HUFSD, where approximately one third of
the population is ELL (and possibly more, with the recent influx), it is critical for all district staff
including senior management to be accountable for ELL policies.
Also, while each school has a list of available onsite interpreters and translators, there is no formal
district or school-based interpretation and translation policy or protocol governing the availability
and provision of language access services. Furthermore, the district lacks a Spanish-speaking
Parent Liaison, and the High School must hire more Spanish-speaking guidance counselors in
order to adequately serve its student body. As a result, responsibility for outreach to and
engagement of ELL parents falls in a haphazard, decentralized manner upon Spanish-speaking
school site staff, and upon Ms. Goris-Moroff in her role as the Executive Director of Bilingual
Education, ESL and LOTE.
Now that the Annex is open and functioning, the district has indicated that it will roll out additional
services for ELLs throughout the fall, including AIS, RTI, and support services for former ELLs.
However, these services should have been available on a continuing basis for all students, and we
expect the district to roll them out promptly and to develop a plan for ensuring that such services
are provided promptly on an on-going basis.
General Observations & Findings
According to the information provided by HUFSD staff, and reviewed by the OBEFLS monitoring
team along with the school tours, classroom observations, and meetings with building
administrators and teachers:
OBEFLS HUFSD Monitoring Report
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Definition of Students with Interrupted Formal Education (SIFE): District staff made
conflicting and at times confusing remarks and inquiries about the definition of SIFE,
including, but not limited to:
o
Staff inquired whether a student who has been enrolled in New York State school for
over one year can be SIFE.
Staff inquired whether SIFE students can graduate with a Regents Diploma.
According to the districts own accounts, a number of students were mistakenly
identified as SIFE, and only now are being reclassified.
New 2014-15 enrollees were reportedly asked about their educational
background, and automatically flagged as SIFE if they reported over a 2 year
gap in education, without review and application of all elements of the SIFE
definition.2
Subsequently, the district initiated a new policy of administering the Supera
test to confirm the SIFE status of all students who were flagged. However,
there is a backlog in administration of the Supera, and as a result, as of
OBEFLSs October 23 site visit, a handful of students who enrolled in
September 2014 had yet to be administered the Supera.
Evaluation of Foreign Transcripts: The district does not have a clear protocol and
policy for evaluating foreign transcripts and providing credits to new students from other
countries.
o
Enrollment staff has not been trained to review foreign transcripts for crediting
purposes, and until recently did not ask new students for foreign transcripts.
When students presented foreign transcripts, enrollment staff conducted an informal
review, but did not actually attempt to ascertain how many school credits a foreign
student had earned. Enrollment staff verbally explained the contents of the transcript
to registration staff but transcripts were not formally evaluated.
Additionally, some students in physical possession of home country
transcripts documenting recent enrollment in school were also flagged
as SIFE, without review and application of all elements of the SIFE
definition.
As a result, the vast majority of new high school students in 2014-15 were
placed in 9th grade regardless of whether they presented a foreign transcript
and how many years of previous schooling they completed.
Only now, two months into the 2014-15 school year, enrollment and registration staff
are trying to determine how many credits new students have earned, primarily by
calling students schools in their countries of origin.
Placement, planning and eligibility for Annex: District staff provided conflicting and
at times confusing information about planning and eligibility for the new Hempstead High
School Annex, including among other things:
o
Students enrolled in Spring 2013 and prior:
NYSED guidance defines SIFE as students who 1) come from a home where a language other than English
is spoken and enter a United States school after grade two, and/or are immigrant students who enter a school
in the United States after grade two; 2) have had at least two less years schooling than their peers; 3) function
at least two years below expected grade level in reading and in math; 4) may be pre-literate in their native
language. See http://www.p12.nysed.gov/biling/bilinged/faq.html#sife
OBEFLS HUFSD Monitoring Report
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Staff indicated that the Annex was not limited to new students who enrolled in
the 2014-15 school year, and included some SIFE students who were
enrolled previously;
Contradicting the above, Superintendent Susan Johnson indicated that no
students in the Annex were enrolled in Hempstead prior to the 2014-15
school year.
New 2014-15 enrollees:
Staff indicated that once classes in the High School reached capacity (about
1 or 2 weeks into the 2014-15 school year), no additional students could be
programmed with schedules and begin attending classes due to public health
and overcrowding concerns (until the Annex opened on October 22 and
provided additional capacity);
However, other staff reported that new students registering after September
2014 did get scheduled into classes if they were not identified as SIFE;
OBEFLS interviewed students at the Annex who were flagged as SIFE and
yet either had transcripts in their hands or reported continuously attending
school either in their home country or in Hempstead;
It is the conclusion of OBEFLS based on information received at and following up
from the October 23 site visit that all students coded as SIFE were referred to the
Annex, including:
At least 17 (and possibly more) new registrants who enrolled in September
2014 but were not scheduled into classes until the opening of the Annex on
October 22;
Other new registrants who enrolled in September 2014 and were issued class
schedules at the High School until the Annex opened3; and
Some students who were enrolled in Hempstead public schools in Spring
2014 and earlier.
In total, approximately 164 students were initially referred to the Annex, and as of
October 31 the Annex had a total enrollment of 159.
Numerous other students were inappropriately referred from the High School
to the Annex, and referred back once again. According to the district, it is not
possible to track how many students fall in this category.
According to a verbal report from HUFSD at the October 23 site visit, over
1000 new students enrolled at the district this school year. It is unclear if the
balance of these students are attending classes at the High School, or simply
unaccounted for.
Opening and Enrollment at Annex: The Annex officially opened its doors on October
22, and classes began on October 23. Enrollment procedures for the Annex were
disorganized and confused. There was an evident lack of coordination and
communication between the High School and Annex staff.
o
The High School was not notified when students were pulled out and placed in the
Annex, and High School students themselves did not get prior notice before being
removed from classes and placed in the Annex.
It is unclear, however, whether these students actually attended classes during the period prior to the Annexs opening.
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Some of these students were sent back to the High School later in the day
due to programming error.
If students were sent back from the Annex to the High School, they
apparently had to be programmed again and had to wait once again to speak
to a guidance counselor.
OBEFLS staff observed some of the same students waiting to be
programmed in the Annex in the morning, and again in the afternoon at the
High School.
Annex staff apparently did not know which students to expect and were
overwhelmed with the volume of new students.
As mentioned above, OBEFLS staff observed students waiting in the halls of both
the Annex and High School for programming throughout the day of the site visit.
While the Annex building may not have been ready for use until October 22, student
programming and enrollment should have been done prior to the Annex opening its
doors.
Provision of Instruction: OBEFLS observed and documented a number of
instructional barriers for new enrollees, as well as in the instruction provided at the
Annex after opening.
o
At least 17 new 2014-15 students were enrolled in the High School at the beginning
of the school year but not given schedules until the Annex opened on October 22
and were not attending classes at any school site prior to the Annexs opening.
Many of these students reported to school daily during the seven (7) weeks
that they were enrolled but didnt have access to instruction, and were told to
go home.
The district made a radical change in the High Schools master schedule in August of
2014, converting from a 9 period to an 8 period schedule, resulting in some students
inability to get classes necessary for on-time graduation.
Therefore, in addition to the 17 students identified above that did not get a
schedule, other students did not receive a full schedule with all classes
necessary to graduate.
Furthermore, reducing the number of classes taught throughout the day
(thereby increasing class size in remaining sections) is questionable policy
and an odd choice for a district facing an increase in its student population
due to an influx of new students. In any event, this change appears to have
created programming hurdles for most, if not all, students at the High School.
OBEFLS staff observed a lack of differentiated instruction appropriate to students
level of English proficiency, grade level and content knowledge at the Annex.
Students at the Annex were grouped into classrooms and provided instruction
without regard to how to tailor instruction to a students English proficiency and grade
level.
OBEFLS observed a 9th grade ESL class where students were reviewing the
alphabet by cutting out letters.
The teacher of that class told OBEFLS, in essence, Im a SIFE
teacher and this is what I do with all my students.
OBEFLS observed that the students appeared insulted at the level of
the instructional material.
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OBEFLS observed a 9-12th grade ESL class where students across this four
year grade span were grouped according to English proficiency level alone.
While this is permissible under current regulations, this arrangement does not
conform to best practices for providing differentiated instruction.
Testing and Accommodations: District staff gave conflicting answers about the
availability of testing accommodations for ELLs.
o
While all agreed that accommodations would be provided in 2014-15 tests, staff
provided conflicting answers about the availability of such accommodations in the
2013-14 school year.
OBEFLS asked some of these students to write a sentence, and they
satisfactorily completed this task.
When asked to view accommodations materials like bilingual glossaries,
some district staff acknowledged to not having any in their possession.
Access to Extracurricular Activities, Sports, and Other Services: Students at the
Annex, who appear to be exclusively ELLs and students labeled SIFE, are not provided
the same access to extracurricular activities, sports, and other services as students at
the High School.
o
Staff indicated that the Annex has not determined how to accommodate Annex
students for transportation to the High School to participate in extracurricular
activities and sports.
Professional Development: Administrators, enrollment and registration staff, and teachers
are in dire need of professional development on the instructional needs of ELLs, as well as
on all aspects of ELL and SIFE identification, placement and programming described above.
Last school year, due to the lack of a functioning Executive Director of Bilingual Education,
ESL and LOTE, it appears that professional development on this topic was spotty or
nonexistent. This year, the new Executive Director has begun efforts to provide this much
needed professional development, but it remains a work in progress due to lack of
consistent leadership in previous years. Moving forward, the district must commit to
providing more resources, support and infrastructure to ensure that such professional
development takes place on a continuing basis.
Nassau BOCES Report: By letter dated October 16, 2014, Commissioner of Education
John B. King, Jr. directed the Interim District Superintendent of the Nassau Board of
Cooperative Educational Services (BOCES) to investigate the enrollment status of
approximately 34 Hispanic students who are currently living in HUFSD and the enrollment
procedures employed by the HUFSD. On October 23, 2014, Nassau BOCES Interim District
Superintendent Dr. James T. Langlois reported the results of his investigation to the
Department. Dr. Langlois observations and findings, which are similar to those of our
October 23, 2014 monitoring visit, include the following: HUFSD provided a list of 54
Hispanic students who had begun or attempted to begin the registration process but had not
been placed in an educational setting as of October 22, 2014; HUFSD indicated that all 54
students would be placed in 9th grade at the Annex as SIFE students without conducting
individual evaluations of the appropriate grade-placement and/or SIFE status of each such
student; and students reported not being provided a bilingual evaluation within the required
time frame. Corrective actions to address these findings are included in the chart below.
Attached to Dr. Langlois report was a copy of HUFSDs Registration Requirements, which
requires submission of one of the following two acceptable proofs of residency: (1)
Original Deed/Mortgage Statement/School/Property Tax/Current Lease or (2) If a parent is
registering a child, and the child and parent are living with a relative/landlord who is legal
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[sic] resident of Hempstead, an affidavit must be signed by the landlord. An original
deed or lease of the owner or the lessee must also be provided (emphasis in original).
Requiring the production of one of the two forms of evidence listed above can chill or
discourage students, including undocumented students who are district residents but are
unable to secure such documentation, from receiving a free public education. Accordingly,
HUFSD must take all necessary steps to immediately revise its registration policies to
ensure that students who lack the evidence listed above may be able to demonstrate
residency using other appropriate forms of proof, which may include, but not be limited to
the following:
Pay stub
Income tax form
Deed or lease to house or apartment
Utility or other bills sent to the students home address
Membership documents such as library cards based upon
residency
Voter registration document
Official drivers license, learners permit or non-driver I.D.
State- or other government-issued ID
In addition, HUFSDs Registration Requirements document indicates that the district
requires production of several documents at the time of registration, including the students
original birth certificate (out of country birth certificates must be translated in English)
(emphasis in original). The Departments 2010 Student Registration Guidance explains
that, if a parent has a birth certificate or record of baptism (giving the date of birth), no other
form of evidence may be used to determine a childs age. However, in cases where a birth
certificate or record of baptism is not available, other documentation may be used to
determine a childs age (Education Law 3218[1]). Accordingly, HUFSD must ensure that
other appropriate evidence of age is accepted where a birth certificate is not available,
including immediate revision of its registration policies, if necessary.
For more information, please see the Departments 2010 Student Registration Guidance,
which is available at:
http://www.p12.nysed.gov/sss/pps/residency/studentregistrationguidance082610.pdf.
Areas of Non-Compliance and
Required Corrective Action
Areas of Noncompliance
Required Corrective Action
Findings by the OBEFLS team to be addressed
and rectified:
HUFSD is to submit to NYSED a plan
demonstrating the steps the district will take to
ensure and monitor that:
1) HUFSD has failed to accurately assess,
identify and place ELL students, including
those identified as SIFE, which has
disproportionately impacted the districts ELL
population.
1) Diagnostically screen and identify students as
ELL, including SIFE status, promptly upon
enrollment, and follow existing regulations
and guidelines for ELL screening,
identification and placement (8 NYCRR
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117 and 154.3).
2) HUFSD has failed to evaluate foreign
transcripts, and provide appropriate credits to
new students with foreign transcripts,
resulting in a failure to appropriately place
new ELL students.
2) Develop and implement a step by step, formal
written district policy for evaluation of foreign
transcripts and grade level placement and
awarding of credit for new students. Receive
and evaluate foreign transcripts in
accordance with this policy. (8 NYCRR
100.5[d][5] and 154.3).
3) HUFSD has failed to provide ELL students
with adequate instruction, by failing to provide
17 new students with any instruction
whatsoever for approximately 7 weeks.
3) Review existing protocols for identification
and placement of ELL students, and ensure
that existing regulations and guidelines for
ELL identification and placement are satisfied
(8 NYCRR 154.3).
4) HUFSD has failed to provide ELL students
with equal access to extracurricular activities
and athletics.
4) Review existing protocols and infrastructure
for providing equal access to extracurricular
activities and athletics for all students,
including ELLs and students at the Annex.
Ensure equal access to extracurricular
activities and athletics for all students,
including ELLs and students at the Annex (8
NYCRR 154.3[f][ii]).
5) HUFSD requires residency documentation
that may discourage or chill students,
including undocumented students who are
district residents, from receiving a free public
education.
5) Immediately revise existing requirements and
take all necessary steps to ensure that
students who lack the evidence currently
required by HUFSD (listed above) may
demonstrate residency using other
appropriate forms of proof to ensure that all
resident students receive a free public
education (Education Law 3202[1]).
6) HUFSD requires production of the students
original birth certificate at the time of
registration.
6) Ensure acceptance of other appropriate
evidence of age where a birth certificate is not
available, including immediate revision of
registration policies, if necessary.
In addition to the current regulatory requirements with which HUFSD must immediately comply, as
detailed above, the Department has also identified several areas in which HUFSD does not follow
current best practices for ELL students. In light of recent amendments to Part 154 of the
Commissioners regulations, which are applicable beginning with the 2015-2016 school year, the
Department strongly encourages HUFSD to work with OBEFLS and the Long Island Regional
Bilingual Education Resource Network (RBERN) of the Suffolk Board of Cooperative Educational
Services (BOCES) to begin to implement the following best practices to ensure that HUFSD is wellpositioned to successfully implement the new requirements of Part 154 beginning with the 20152016 school year:
OBEFLS HUFSD Monitoring Report
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Implementation of
Recommended Best Practices
Practices In Need of Improvement
Recommended Best Practice
Findings by the OBEFLS team regarding failure
to implement best practices and guidance:
OBEFLS recommends including that HUFSD
includes the following implementation of best
practices in its plan:
1) HUFSD has failed to place new ELL
students within ten (10) days of
registration and initiation of the ELL
identification process.
1) New ELL students should be placed within
ten (10) days of registration and initiation of
the ELL identification process.
2) HUFSD has failed to provide ELL
students with adequate instruction, by
failing to provide differentiated instruction
appropriate to grade and level of English
proficiency at the Annex.
2) Review existing protocols for ELL student
placement and programming, as well as
provision of differentiated instruction
appropriate to grade and English proficiency
level. Ensure all ELL students are
programmed to classes appropriate to their
grade and English proficiency level, and that
once programmed they receive differentiated
instruction appropriate to their grade and
English proficiency level.
3) HUFSD has failed to provide adequate
information to ELLs and their parents
about their educational rights and
programming.
3) Develop and implement a step by step,
formal written district policy for provision of
interpretation and translation to ELL parents.
Expand hiring of guidance counselors,
school parent liaisons, and other key staff
members who are able to communicate with
ELLs and their parents in their native
language.
4) HUFSD has failed to provide adequate
professional development on the
identification, placement, instruction, and
other needs of ELLs and SIFE.
4) Develop and implement a professional
development plan in accordance with
requirements in the HUFSD Comprehensive
Plan and Title III Plan on the identification,
placement, instruction, and other needs of
ELLs and SIFE, as well as on the policies,
procedures, and protocols developed in
accordance with 1) 4) Required Corrective
Action and 1) 3) Recommended Corrective
Action, above.
Community Reports
In addition, OBEFLS has received reports directly from parents and community members indicating
the following potential concerns:
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Page 9 of 10
Failure of HUFSD to provide appropriate accommodations and adequate testing
conditions, among other irregularities, at administration of the January 2014 Regents
Examination in English;
Failure of HUFSD to provide ELLs with access to core curriculum and credits needed for
graduation;
Failure of HUFSD to ensure appropriate certification and assignment of teachers in ELL
classes, especially ESL and Bilingual Education;
Inappropriate use of Title III funds by HUFSD; and
Cultural competency and tolerance of staff, administrators and school board members of
HUFSD to ELL students and families.
As such, this investigation is continuing, and OBEFLS will require further information from HUFSD
regarding these reports.
Required Action
HUFSD must address the above findings by submitting Part One of a Corrective Action Plan (CAP)
to OBEFLS no later than December 3, 2014. The CAP must address each action step the district
will take to ensure compliance, the key staff responsible for each action, the districts budgetary
support for each action step, the timeline including key milestones by which the district will come
into compliance, and details regarding data and updates to be included in compliance reports to
OBEFLS at least twice a school year. The CAP must address and remedy each of the items of
noncompliance outlined in this report to ensure that the district begins implementation immediately
and comes into compliance as soon as possible, but no later than December 31, 2014. Once the
draft CAP is submitted, OBEFLS will review the elements, actions, and timelines to follow up to
discuss necessary edits and adjustments.
Follow up visits will be scheduled on an as-needed basis for our continuing investigation of HUFSD,
as well as to review implementation and progress of Part One of the CAP once it is finalized. As a
first step, we will schedule an upcoming visit to collect additional documents that were requested
but which HUFSD was unable to provide on October 23. If you need any assistance with the
development of the CAP or to secure additional information or documents OBEFLS has requested,
please contact Khin Mai Aung at OBEFLS at 718-722-2445 or via email at
[email protected].
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