ELL and ML Regulations & Compliance

Verification of Implementation of Student Protection Procedures:

Education Law § 3201-b Model Policy and Compliance Procedures

The U.S. Supreme Court has long held that students may not be denied a free public education based on their immigration status or that of their parents or guardians (Plyler v. Doe, 457 U.S. 202 (1982)). And, in 2026, the �鶹ӰԺ Legislature codified this right in �鶹ӰԺ Education Law § 3201-b. This law requires all �鶹ӰԺ Public School Districts, Charter Schools, Boards of Cooperative Educational Service (BOCES), State-Operated Schools, Special Act School Districts, and Universal Pre-Kindergarten (UPK) Programs operating on school property to maintain safe environments for all students, ensuring uninterrupted access to education regardless of immigration status.

To support this mandate, the �鶹ӰԺ (�鶹ӰԺ) is required to develop and publish official model procedures on its website. These procedures serve as the foundation for covered educational entities to establish and implement their required local policies and operational protocols. District personnel should consult the Joint Guidance on Safeguarding the Rights of Immigrant Students (“Joint Guidance”) for additional materials (issued Jan. 2025/updated Dec. 2025), which serves as an authoritative reference for day-to-day operational compliance under New York Education Law § 3201-b.

Additionally, pursuant to Ed Law § 3201-b, all school districts must formally verify to the Commissioner that they have developed and implemented procedures complying with the department’s model policy. This verification must be submitted within sixty (60) days of the date the department publishes its official model procedures. As �鶹ӰԺ published these procedures on July 23, 2026, the deadline for district verification is September 21, 2026. Superintendents and Chief Administrative Officers must complete the verification form through the found on the prior to the deadline.��

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Model Policy and Compliance Procedures: Implementation of Education Law § 3201-b

Commissioner's Regulations Part 154

Part 154 of the Commissioner's Regulations holds all school districts accountable for identifying and serving English Language Learners (ELLs). Districts are required to adopt a policy on the education of ELLs, plan and provide appropriate services for them, and evaluate and report their academic achievement. Instructional programs for��ELLs are funded primarily through local funds but are supplemented by State LEP Aid, known as State Bilingual Categorical Funds. NYS authorizes additional funds that are administered by OBEWL to address current critical needs identified in the state. To guide and support districts in providing better services to ELLs, OBEWL has undertaken several initiatives:

addressing the needs of ELLs in early childhood education;
providing resources and technical assistance to school districts to prepare bilingual and English as a New Language��teachers to raise standards and achievement levels for ELLs;
identifying instructional strategies for��ELLs with interrupted/inconsistent formal education;
developing resource documents to support literacy development for ELLs

C ount of Immigrant Children and Youth

CR Part 154 Comprehensive ELL/MLL Education Plan (CEEP) and Data Report

The Every Student Succeeds Act (ESSA) and E LLs/MLLs

�鶹ӰԺ Field Advisories and Memoranda ��Pertaining to ELLs/MLLs

Forms and Waivers

Regulations Concerning ELLs

Title III Compliance, Reporting, and Allocations