OBE-WL

Office of Bilingual Education and World Languages

No Child Left Behind Act Title III, Part A -
Language Instruction for Limited English Proficient and Immigrant Students
Count of Immigrant Children and Youth, 2014

Statement Regarding Undocumented Children Released October 28, 2014

In response to the unprecedented numbers of unaccompanied and other undocumented immigrant children from Central and South America this year, and reports that unaccompanied minors have been excluded from enrolling in certain school districts, the New York State Education Department and the Office of the Attorney General will conduct a compliance review of school districts’ enrollment policies to ensure all students receive the free appropriate public education to which they are entitled.

In order to assess the impact of the additional students on districts’ operations and budgets, the Department is taking the following actions:

  • School districts will be afforded the opportunity to revise their spring 2014 submissions to the annual Title III Count of Immigrant Children and Youth survey to report counts of children initially present in schools in the United States between February 1, 2011 and October 31, 2014.  School districts that did not respond to the survey in spring 2014 may submit for the first time for the period February 1, 2011 to October 31, 2014.  Identification of immigrant students must comply with the federal definition, which can be found below in the Introduction, and the information can be submitted here. Superintendent certification of accuracy is required.

The timeframe for revised or new submissions to the Count of Immigrant Children and Youth survey will be November 1, 2014 – November 13, 2014.

  • School districts are urged to view their 2014-15 NCLB allocation report at http://www.oms.nysed.gov/cafe/reports/ to determine if Title III Immigrant funding is available.  School districts have historically not made full use of the funds to which they have been entitled based on reported immigrant children and youth counts. Where funding is available, application may be made via the 2014-15 Consolidated Application Update at http://www.p12.nysed.gov/accountability/fundingopp.html  

The Department will issue additional guidance to impacted districts after its review and analysis of the revised immigrant counts. Thank you for your cooperation.

 

Introduction

The State Education Department annually collects the number of "immigrant children and youth," as defined by Section 3301(6) of NCLB, 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, 2011 and January 31, 2014. The information must be submitted to the Department by May 1, 2014.

The term "immigrant children and youth" refers to individuals who:

  1. are ages 3 through 21;
  2. have not been attending school in any state for more than three full academic years; and
  3. were not born in any state.

Children adopted from overseas as U.S. citizens who require extensive new language and cultural skills may be considered immigrants provided that they also meet the first two criteria.

Students born in Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands or the Trust Territory of the Pacific Islands may not be considered immigrants. Students from the Marshall Islands, the Federated States of Micronesia and the Republic of Palau are to be considered immigrants.

Students are not to be considered immigrants if they:

  • were born on a U.S. military base;
  • were born outside of the U.S. to U.S. military personnel;
  • were born as U.S. citizens outside of the U.S., and do not require extensive new language and cultural skills;
  • are in the U.S. on a temporary basis to attend school, such as through a foreign exchange educational program.

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.

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 the No Child Left Behind Act of 2001.
  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, 2011 and January 31, 2014.
  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: December 10, 2014