S T A T E O F N E W Y O R K
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11392
I N A S S E M B L Y
June 9, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Arroyo,
Jaffee, D. Weprin, Titus, Castro, Ortiz, Reilly, Gibson, N. Rivera,
Espaillat, Crespo, Heastie, Koon, Ramos, Titone) -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to establishing fair,
equitable and appropriate English language testing requirements for
certain students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE COMMISSIONER, IN CONSULTATION WITH THE BOARD OF
REGENTS, SHALL DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES WHICH WILL
PERMIT PUPILS OF LIMITED ENGLISH PROFICIENCY WHO FIRST ENROLL IN A NEW
YORK STATE SCHOOL AFTER GRADE EIGHT, AND WHO MEET ALL OTHER REQUIREMENTS
FOR GRADUATION, TO BE ALLOWED TO MEET THE ENGLISH REGENTS EXAMINATION
REQUIREMENT BY:
(A) PASSING A NATIVE LANGUAGE ARTS TEST; AND
(B) DEMONSTRATING ENGLISH LANGUAGE ACQUISITION AT A LEVEL COMMENSURATE
WITH THE NUMBER OF YEARS OF ENGLISH LANGUAGE INSTRUCTION AS MEASURED BY
AN ENGLISH LANGUAGE PROFICIENCY ASSESSMENT INSTRUMENT APPROVED BY THE
COMMISSIONER.
S 2. This act shall take effect immediately and shall apply beginning
in the 2010-2011 school year.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD11987-03-0