The city Department of Education is not providing legally-mandated language services to thousands of public school students, according to a new audit.
The audit released by Comptroller Brad Lander found failures with the DOE's English Language Learners (ELLs) program, which provides students who do not speak English at home and needs support learning English, equal access to all school programs and services.
The audit found that the DOE has not been providing these legally-mandated services, disproportionately impacting Spanish, Chinese, Russian, Bengali and Arabic-speaking communities. Spanish-speaking students represent about 67% of all ELLs, according to the comptroller's office.
“In the world’s greatest city of immigrants, English Language Learners programs are the cornerstone of the city’s work to deliver equal access for all students, no matter what language they speak or where they come from,” Lander said in a statement. “Our audit finds that the DOE routinely denied this promise to thousands of young New Yorkers and their families—many who yearn to integrate into their schools, their communities and the city."
The audit found that DOE denied legally-required courses or instructional minutes to 48% of sampled ELL students, while 40% of sampled students were taught by teachers not fully qualified to teach ELLs.
These systemic breakdowns left students without required courses, sufficient instructional time and instruction from properly credentialed teachers, according to the audit. This came at a time when the city's ELL population grew to over 174,000 students from about 149,000 students over the past three years.
The DOE filed 146 waiver requests to avoid creating mandated Bilingual Education Programs, exceeding the state’s five-year waiver cap, the audit found. This disproportionately denied access for:
Russian-speaking communities: 41 improper waivers impacted 3,200 students, largely in Brooklyn Districts 20, 21 and 22.
Bengali-speaking communities: 31 improper waivers impacted 2,456 students across Brooklyn, the Bronx and Queens.
Arabic-speaking communities: 16 improper waivers impacted 1,168 students.
Uzbek communities: 14 improper waivers impacted 654 students.
Haitian-Creole communities: 14 improper waivers impacted 525 students.
The comptroller suggested the DOE expand its bilingual programs in high-demand districts including in South Brooklyn and Queens, as well as recruit educators who can speak Arabic, Bengali and Russian, among other things.
"As families go back to school, City Hall has both a legal obligation to comply with state statutes and a moral obligation to provide an equal opportunity to learn," Lander said.
