Office of Bilingual Education and World Languages

Language Instruction for Immigrant Students
Count of Immigrant Children and Youth, 2016


The State Education Department annually collects the number of "immigrant children and youth," as defined by Section 3301(6) of ESEA, present in New York State. The information is used each year by the Department to determine each local educational agency's (LEA's) eligibility and allocation for the Title III, Part A Immigrant Education program.

As a result, each LEA must count and report the number of "immigrant children and youth" currently enrolled in the public and nonpublic schools in the geographic area under the jurisdiction of, or served by, the LEA who initially enrolled in schools in the United States between February 1, 2013 and January 31, 2016. The information must be submitted to the Department by May 1, 2016.

Immigrant children and youth are defined as individuals who:

  1. are aged 3 through 21;
  2. have not been attending school in any one or more States for more than three (3)full academic years; and
  3. were not born in any state.

"State" means the 50 states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.  Children born to U.S. citizens abroad, the U.S.Virgin Islands, or any other U.S. territory that is not D.C. or Puerto Rico are to be considered immigrants. 

Completing the Count

  • Nonpublic schools report their data to the school district in which they are located, and the districts then compile numbers of eligible public and nonpublic students.
  • LEAs must maintain on file a list of the immigrant students counted, dates of arrival, and the public or nonpublic school in which they are enrolled and copies of the letter to each of the nonpublic schools in its jurisdiction regarding the count.
  • Prior to submitting the survey, the Chief School Officer must read the following assurances, paying particular attention to items b. and f. Electronic submittal of the survey to the Department demonstrates that the Chief School Officer has read and agreed to the assurances.


By completing the survey and submitting it electronically to the State Education Department, the Chief School Officer assures the Commissioner of Education of the State of New York that:

  1. Funds received on the basis of this count will be used for programs and services consistent with the purposes, requirements and other conditions as stipulated under Sections 3102, 3115, 3116, 3121, 3122, 3123 and 3124 of Title III Part A-English Language Acquisition, Language Enhancement, and Academic Achievement of ESEA.
  2. All public and nonpublic schools within the geographic area under the jurisdiction of the LEA were canvassed for eligible immigrant students.
  3. All eligible immigrant students in both public and nonpublic schools are included in this count.
  4. All students included in this count initially enrolled in school in the United States between February 1, 2013 and January 31, 2016.
  5. A file is maintained by the LEA that includes a list of the eligible immigrant students counted, dates of arrival in the United States, and the public or nonpublic schools in which they are enrolled.
  6. I have verified the public and nonpublic immigrant counts and know them to be true and accurate.
  7. I, the Chief School Officer, do hereby certify that all the facts, figures and representations in this report, including all exhibits and attachments, hereto and hereby submitted, are true and correct to the best of my knowledge.

Technical Assistance

LEAs requiring assistance with this survey should contact their Regional Bilingual Education Resource Network or the Department's Office of Bilingual Education and World Languages at (518) 474-8775.

Additional information about federal immigration law is available at http://www.fourmilab.ch/uscode/8usc/8usc.html External Link, and the entire text of Title III, Part A can be found at http://www2.ed.gov/policy/elsec/leg/esea02/pg39.html External Link.

Go to Survey

Last Updated: March 21, 2016