THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Jean C. Stevens, Associate Commissioner
Office of Instructional Support and Development
Room 875 EBA (518) 4745915
TO: Superintendents of Public Schools DATE: April 20, 2010
FROM: Jean C. Stevens
SUBJECT: NYS LEP/ELL Student Count and
NCLB Title IIILEP/Immigrant Allocations for 2010 11
The New York State Education Department (NYSED) is in the process of calculating the allocations for NCLB
Title III LEP for 2010 11. To accurately count all limited English proficient (LEP) students in your district,
the following procedure/timeline has been established:
May 3, 2010 to Districts will have time to update their LEP information in the Student Information
May 21, 2010 Repository System and to contact nonpublic schools located within their district if
incorrect/faulty nonpublic LEP counts are suspected.
LEP counts in need of review and correction, if necessary, are posted on OBEFLS
web site – http://www.emsc.nysed.gov/biling/bilinged/home.html Information will be
posted before May 3, 2010.
May 24, 2010 to Corrected student data must be submitted to and processed by your Regional
May 28, 2010 Information Center (RIC) or Level 1 data center. Consult your specific RIC or Level 1
for your necessary timeline.
Nonpublic schools must submit any necessary corrections to NYSED.
June 2, 2010 NYSED will extract final LEP data from the Repository and from Nonpublic BEDS for
use in Title IIILEP allocations.
June 18, 2010 Title IIILEP allocations will be posted.
Districts should have been working on their LEP information in preparation for the New York State English as
a Second Language Achievement Test (NYSESLAT) and may have already completed some of the above
Errors in nonpublic school LEP data need to be corrected by the pertinent nonpublic schools. Nonpublic
schools with LEP data errors should fax corrected LEP counts for Item9 of their Fall 2009 Nonpublic School
Data Form to the NYSED Office of Information and Reporting Services at (518) 4744351. Any revised
nonpublic school LEP counts should reflect students who were enrolled on BEDS day, October 1, 2009.
Questions concerning nonpublic school LEP corrections may be directed to the Office of Information and
Reporting Services at (518) 4747965.
If you have any questions regarding these procedures, please call the Office of Bilingual Education and
Foreign Language Studies (OBEFLS) at (518) 4748775 or the Office of Information and Reporting Services
(IRS) at (518) 4747965.
C: Pedro J. Ruiz
Business Rules for extracting LEP data from Repository
to meet need for counts to allocate NCLB Title III funds
(For Data Collection and Reporting Staff)
1. This is for public and charter schools.
Nonpublic counts will need to be obtained from BEDs data.
2. Enrollments to be used:
0011 Enrollment in building or grade
5544 Transferred in under the NCLB Title I "School in Improvement Status" transfer option
7000 Transferred in under the NCLB "Persistently Dangerous School" transfer option
7011 Transferred in under the NCLB "Victim of Serious Violent Incident" transfer option
The enrollment record will be the student’s last or most recent one in the Repository.
3. Grade: K – 12, ungraded elementary (13), and ungraded secondary (14)
4. Select all students with a program service code of 0231 LEP Eligible.
5. Exclude the following ending reasons on the enrollment records:
153 Transferred to another school in this district or to an outofdistrict placement
Transferred to another NYS public school outside this district with documentation.
Note: documentation of transfer is not required for preschool students with disabilities.
204 Transferred to a NYS nonpublic school with documentation
238 Transferred to homebound instruction provided by this district
255 Transferred to homeschooling by parent or guardian
5927 Leaving a school under NCLB – a victim of a serious violent incident
5938 Leaving a NYC community district under NCLB – a victim of a serious violent incident
323 Transferred outside district by court order