Hempstead Monitoring Report

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 55 Hanson Place - Room 484-B

Albany, NY 12234 Brooklyn, NY 11217

Tel. 518-474-8775 Tel. 718-722-2445

Fax 518-473-4678 Fax 718-722-2459

OBEFLS – HUFSD Monitoring Report Page 1 of 10

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 Colon-

Collins, Michele Kinzel-Peles, Juan D. Vargas

Program Area: Commissioner’s Regulations Part 154 (CR Part 154)

Monitoring Visit On Thursday, October 23, 2014, reviewers from the New York State Education Department’s (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 district’s 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 district’s 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 OBEFLS’s

1 Staff from NYSED’s McKinney-Vento office accompanied OBEFLS on the monitoring visit with the purpose of meeting

with HUFSD’s 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.


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 district’s 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 district’s knowledge on ELL policies and procedures. While it is appropriate to entrust the district’s 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:


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.

o Staff inquired whether SIFE students can graduate with a Regents Diploma.

o According to the district’s 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

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.

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 OBEFLS’s 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.

o 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.

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.

o 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:

2 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


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.

o 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;

o 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.

o 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.

3 It is unclear, however, whether these students actually attended classes during the period prior to the Annex’s opening.


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.

o Annex staff apparently did not know which students to expect and were overwhelmed with the volume of new students.

o 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 Annex’s opening.

Many of these students reported to school daily during the seven (7) weeks that they were enrolled but didn’t have access to instruction, and were told to go home.

o The district made a radical change in the High School’s 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.

o 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 student’s 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, “I’m 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.


OBEFLS asked some of these students to write a sentence, and they satisfactorily completed this task.

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.

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 HUFSD’s “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


[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 student’s home address

Membership documents – such as library cards – based upon residency

Voter registration document

Official driver’s license, learner’s permit or non-driver I.D.

State- or other government-issued ID In addition, HUFSD’s “Registration Requirements” document indicates that the district requires production of several documents at the time of registration, including the student’s “original birth certificate (out of country birth certificates must be translated in English)” (emphasis in original). The Department’s 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 child’s age. However, in cases where a birth certificate or record of baptism is not available, other documentation may be used to determine a child’s 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 Department’s 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

Findings by the OBEFLS team to be addressed

and rectified:

Required Corrective Action

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 district’s 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


§§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 student’s 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 Commissioner’s 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 well-positioned to successfully implement the new requirements of Part 154 beginning with the 2015-2016 school year:


Implementation of Recommended Best Practices

Practices In Need of Improvement

Findings by the OBEFLS team regarding failure

to implement best practices and guidance:

Recommended Best Practice

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:


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 district’s 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].

Documents

Hempstead Monitoring Report