S T A T E O F N E W Y O R K
________________________________________________________________________
1851
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. NOLAN, BRADLEY, CAHILL, COLTON, GOTTFRIED,
JAFFEE, MILLMAN, PERALTA, O'DONNELL -- Multi-Sponsored by -- M. of A.
COOK, DelMONTE, DESTITO, GLICK, GREENE, McENENY, PEOPLES, PHEFFER,
SWEENEY, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring review of
foreign language learning standards; and providing for the repeal of
certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 211 of the education law, as added by section 1 of
part A of chapter 57 of the laws of 2007, is amended to read as follows:
S 211. Review of regents learning standards. 1. The regents shall
periodically review and evaluate the existing regents learning standards
to determine if they should be strengthened, modified or combined so as
to provide adequate opportunity for students to acquire the skills and
knowledge they need to succeed in employment or postsecondary education
and to function productively as civic participants upon graduation from
high school. Such review and evaluation shall be conducted upon a sched-
ule adopted by the regents, provided that a review and evaluation of the
English language arts standards shall be completed as soon as possible,
but no later than the end of the two thousand seven--two thousand eight
school year AND FURTHER THAT A REVIEW AND EVALUATION OF STANDARDS FOR
LANGUAGES OTHER THAN ENGLISH SHALL BE COMPLETED AS SOON AS POSSIBLE BUT
NO LATER THAN THE END OF THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR.
2. In conducting such reviews, the regents shall seek the recommenda-
tions of teachers, school administrators, teacher educators and others
with educational expertise on improvements to the standards so that they
ensure that students are prepared, in appropriate progression, for post-
secondary education or employment. THE REGENTS REVIEW AND EVALUATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01391-02-9
A. 1851 2
LEARNING STANDARDS FOR LANGUAGES OTHER THAN ENGLISH SHALL INCLUDE DEFIN-
ING AN APPROACH TO THE STUDY OF LANGUAGES OTHER THAN ENGLISH WHICH
INCLUDES LANGUAGE PROFICIENCY AS A BASIS FOR PLACEMENT, ASSESSMENT,
ACADEMIC CREDIT AND INSTRUCTION IN PRE-KINDERGARTEN, KINDERGARTEN AND
GRADES ONE THROUGH TWELVE.
3. A. THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM TO BE ADMINIS-
TERED BY THE OFFICE OF BILINGUAL EDUCATION AND FOREIGN LANGUAGE STUDIES
OF THE DEPARTMENT AT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO SUPPORT
THE REGENTS REVIEW AND EVALUATION OF LEARNING STANDARDS FOR LANGUAGES
OTHER THAN ENGLISH. THE OFFICE OF BILINGUAL EDUCATION AND FOREIGN
LANGUAGE STUDIES SHALL IMPLEMENT SUCH PROGRAM WITHIN THE AMOUNT OF ANY
MONEYS MADE AVAILABLE THEREFOR BY APPROPRIATION. SUCH PROGRAM SHALL
REVIEW AND EVALUATE THE DEVELOPMENT OF A CURRICULUM WHICH GIVES ALL
STUDENTS THE OPPORTUNITY TO LEARN A LANGUAGE OTHER THAN ENGLISH THROUGH
PROGRAMS WITH APPROPRIATE TIME ALLOCATIONS, PROFICIENCY-BASED INSTRUC-
TION AND ASSESSMENTS AND QUALITY INSTRUCTION IN PRE-KINDERGARTEN,
KINDERGARTEN AND GRADES ONE THROUGH TWELVE. THE PROGRAM EVALUATION SHALL
INCLUDE:
(I) THE COLLECTION OF DATA ABOUT SCHOOL DISTRICT INSTRUCTION IN
LANGUAGES OTHER THAN ENGLISH IN PRE-KINDERGARTEN, KINDERGARTEN AND
GRADES ONE THROUGH TWELVE;
(II) THE IDENTIFICATION OF THE BEST PRACTICES AND MODELS OF INSTRUC-
TION FOR THE STUDY OF LANGUAGES OTHER THAN ENGLISH IN ELEMENTARY AND
SECONDARY SCHOOLS;
(III) RECOMMENDATIONS ABOUT PROFICIENCY-BASED INSTRUCTIONAL METHODOL-
OGIES AND ASSESSMENT TOOLS FOR THE STUDY OF LANGUAGES OTHER THAN
ENGLISH;
(IV) A PROFICIENCY-BASED APPROACH TO PLACEMENT, ASSESSMENT AND PROVID-
ING CREDIT TO NON-NATIVE ENGLISH SPEAKERS IN THEIR NATIVE LANGUAGES;
(V) REVIEW OF AND RECOMMENDATIONS ABOUT MULTIPLE COURSE DELIVERY
MODELS SUCH AS DISTANCE LEARNING, ON-LINE LEARNING AND WEB-BASED
PROGRAMS; AND
(VI) OTHER FIELD RESEARCH WHICH SUPPORTS HIGH QUALITY, ONGOING,
SYSTEMATIC INSTRUCTION IN LANGUAGES OTHER THAN ENGLISH IN ELEMENTARY AND
SECONDARY SCHOOLS.
B. SCHOOLS PARTICIPATING IN THE PILOT PROGRAM SHALL REPRESENT THE
GEOGRAPHICAL DIVERSITY OF THE STATE INCLUDING, BUT NOT LIMITED TO, THE
VARIOUS GEOGRAPHIC AREAS, POPULATION DENSITIES AND COMMUNITY DIVERSITY
THROUGHOUT THE STATE. PARTICIPATION IN THE PILOT PROGRAM ESTABLISHED
UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL BE VOLUNTARY.
C. THE OFFICE OF BILINGUAL EDUCATION AND FOREIGN LANGUAGE STUDIES IN
THE DEPARTMENT SHALL SUBMIT A WRITTEN REPORT STATING THE FINDINGS OF THE
PILOT PROGRAM TO THE REGENTS, THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE ASSEM-
BLY AND SENATE COMMITTEES ON EDUCATION PRIOR TO EITHER THE REGENTS
REVIEW OF LEARNING STANDARDS FOR LANGUAGES OTHER THAN ENGLISH, AS
REQUIRED BY SUBDIVISION ONE OF THIS SECTION, OR PRIOR TO THE END OF THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, WHICHEVER OCCURS
FIRST.
S 2. This act shall take effect July 1, 2009. Provided, however, that
the pilot program established under subdivision 3 of section 211 of the
education law added by section one of this act shall expire December 31,
2014 when upon such date the provisions of such subdivision shall be
deemed repealed.