STATE OF NEW YORK
________________________________________________________________________
4186
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to administration of
language assessment instruments to students receiving a program of
bilingual education or English as a second language
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision 2-a of section 3204 of the
2 education law, as added by chapter 827 of the laws of 1982, is amended
3 to read as follows:
4 3. Eligibility for such programs shall be based on the following
5 criteria. A pupil who by reason of foreign birth or ancestry speaks a
6 language other than English, and either understands and speaks little or
7 no English, or who has been identified by any English language assess-
8 ment instrument approved by the commissioner as a pupil of limited
9 English proficiency, shall receive a program of bilingual education or
10 English as a second language in accordance with standards established by
11 the commissioner. [A] Such pupil's proficiency in the English language
12 shall be measured [annually] by [such] a language assessment instrument
13 after the pupil has been enrolled in a program of bilingual education or
14 English as a second language for a period of three consecutive school
15 years and annually thereafter in order to determine further partic-
16 ipation in bilingual education or English as a second language program
17 in accordance with standards established by the commissioner, subject to
18 the provisions of subdivision two of this section. The parent or guardi-
19 an of a pupil designated as limited English proficient shall be informed
20 by the local school authorities of the pupil's placement in an instruc-
21 tional program.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00414-01-7
