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Disclaimers and Notices
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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 data is used each year by the State Education Department to determine each local educational agency's (LEA's) eligibility and allocation for the Title III, Part A Immigrant Education program. (Please see the 2007-2008 chart of Title III, Part A allocations for more information about the Immigrant Education eligibility and allocation process. Identical procedures will be followed in 2008-2009.)
As a result, each LEA must count and report the number of “immigrant children and youth” 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, 2005 and January 31, 2008. The information must be submitted to the State Education Department by March 26, 2008.
The term “immigrant children and youth” refers to individuals who:
are ages 3 through 21;
have not been attending school in any state for more than three full academic years; and
were not born in any state.
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 provided that they meet the first two criteria as well.
Other students who are not to be considered immigrants:
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.
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.
Completing the Count
A list of countries is provided for reference.
The survey provides enough space to report data for 22 different countries. If any LEA's data exceeds that number, please complete and submit two or more surveys as needed.
Nonpublic schools report their data to the public school district in which they are located, and public schools then compile numbers of eligible public and nonpublic students by country.
LEAs must maintain on file a list of the immigrant students counted, their countries of origin, dates of arrival, and the public or nonpublic school in which they are registered 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 State Education 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:
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.
All public and nonpublic schools within the geographic area under the jurisdiction of the LEA were canvassed for eligible immigrant students.
All eligible immigrant students in both public and nonpublic schools are included in this count.
All students included in this count initially enrolled in school in the United States between February 1, 2005 and January 31, 2008.
A file is maintained by the LEA that includes a list of the eligible immigrant students counted, their countries of origin, dates of arrival in the United States, and the public or nonpublic schools in which they are enrolled.
I have verified the public and nonpublic immigrant counts and know them to be true and accurate.
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
If an LEA has requires assistance with this survey, please contact the Department's Office of Bilingual Education at (518) 474-8775.
Additional information about federal immigration law is available at http://www.fourmilab.ch/uscode/8usc/8usc.html, and the entire text of Title III, Part A can be found at http://www.ed.gov/policy/elsec/leg/esea02/pg39.html.
02/28/2008