S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8572
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to bilingual education or
   English as a second language for certain students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 3 of subdivision  2-a  of  section  3204  of  the
 education  law,  as added by chapter 827 of the laws of 1982, is amended
 to read as follows:
   3. Eligibility for such programs  shall  be  based  on  the  following
 criteria.  (A) A pupil who by reason of foreign birth or ancestry speaks
 a language other than English, and either understands and speaks  little
 or  no  English,  or  who  has  been  identified by any English language
 assessment instrument approved by the commissioner as a pupil of limited
 English proficiency, shall receive a program of bilingual  education  or
 English as a second language in accordance with standards established by
 the commissioner. A pupil's proficiency in the English language shall be
 measured  annually  by  such  language assessment instrument in order to
 determine further participation in bilingual education or English  as  a
 second  language program in accordance with standards established by the
 commissioner, subject to the  provisions  of  subdivision  two  of  this
 section. The parent or guardian of a pupil designated as limited English
 proficient  shall  be  informed  by  the local school authorities of the
 pupil's placement in an instructional program.
   (B) A PUPIL WHO IS IDENTIFIED AS PROFICIENT IN THE  ENGLISH  LANGUAGE,
 AS  MEASURED BY THE ANNUAL ENGLISH LANGUAGE ASSESSMENT INSTRUMENT, SHALL
 CONTINUE TO RECEIVE A PROGRAM OF BILINGUAL EDUCATION  OR  ENGLISH  AS  A
 SECOND LANGUAGE FOR ONE ADDITIONAL YEAR DURING THE FOLLOWING SCHOOL YEAR
 IF  SPECIFICALLY  REQUESTED IN WRITING BY THE PARENT OR GUARDIAN OF SUCH
 PUPIL TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR BOARD OF COOP-
 ERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST  OF  THE  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08850-01-7

 A. 8572                             2
 
 YEAR.  THE  PARENT  OR  GUARDIAN OF THE PUPIL SHALL RECEIVE NOTIFICATION
 FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF
 THE RIGHT TO REQUEST THAT SUCH PUPIL CONTINUE TO RECEIVE  A  PROGRAM  OR
 BILINGUAL  EDUCATION  OR ENGLISH AS A SECOND LANGUAGE AND SUCH NOTIFICA-
 TION SHALL BE PREPARED BY THE DEPARTMENT. SUCH REQUEST MAY ONLY BE  MADE
 ONCE.    NOTHING  IN  THIS  PARAGRAPH SHALL AFFECT THE RIGHT OF A FORMER
 LIMITED ENGLISH PROFICIENT PUPIL TO  RECEIVE  TRANSITIONAL  SERVICES  IN
 ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS ONCE THE PUPIL NO
 LONGER  RECEIVES A PROGRAM OF BILINGUAL EDUCATION OR ENGLISH AS A SECOND
 LANGUAGE.
   (C) A PUPIL WHO IS IDENTIFIED AS PROFICIENT IN THE  ENGLISH  LANGUAGE,
 AS  MEASURED BY THE ANNUAL ENGLISH LANGUAGE ASSESSMENT INSTRUMENT, SHALL
 CONTINUE TO RECEIVE A PROGRAM OF BILINGUAL EDUCATION  OR  ENGLISH  AS  A
 SECOND LANGUAGE FOR ONE ADDITIONAL YEAR DURING THE FOLLOWING SCHOOL YEAR
 IF SPECIFICALLY REQUESTED IN WRITING BY THE ENGLISH AS A SECOND LANGUAGE
 OR  BILINGUAL  EDUCATION  TEACHER OF SUCH PUPIL, AND WITH CONSENT OF THE
 PARENT OR GUARDIAN, TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT  OR
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST OF
 THE SCHOOL YEAR. SUCH TEACHER MAY ONLY REQUEST A  CONTINUATION  OF  SUCH
 EDUCATION  IF  THE TEACHER DETERMINES THAT THE PUPIL IS NOT SUFFICIENTLY
 PREPARED FOR A GENERAL EDUCATION  PROGRAM  AND  MAINTAINING  SUCH  PUPIL
 WITHIN  A PROGRAM OF BILINGUAL EDUCATION OR ENGLISH AS A SECOND LANGUAGE
 WILL SUBSTANTIALLY INCREASE THE EDUCATIONAL  PROSPECTS  OF  SUCH  PUPIL.
 SUCH  REQUEST  MAY  ONLY BE MADE ONCE.   NOTHING IN THIS PARAGRAPH SHALL
 AFFECT THE RIGHT OF A FORMER LIMITED ENGLISH PROFICIENT PUPIL TO RECEIVE
 TRANSITIONAL SERVICES IN ACCORDANCE WITH  STATE  AND  FEDERAL  LAWS  AND
 REGULATIONS  ONCE  THE  PUPIL  NO LONGER RECEIVES A PROGRAM OF BILINGUAL
 EDUCATION OR ENGLISH AS A SECOND LANGUAGE.
   § 2. Paragraph 7 of subdivision 2-a of section 3204 of  the  education
 law,  as added by chapter 827 of the laws of 1982, is amended to read as
 follows:
   7. After a pupil is enrolled in a regular instructional program,  [he]
 SUCH  PUPIL  may  receive  additional  instruction in [his] SUCH PUPIL'S
 native language.  (A) EACH SCHOOL DISTRICT  SHALL  PROVIDE  TRANSITIONAL
 SERVICES  FOR  ONE ADDITIONAL YEAR IN THE SCHOOL YEAR AFTER TRANSITIONAL
 SERVICES WOULD END, IN ACCORDANCE  WITH  FEDERAL  LAW  AND  COMMISSIONER
 REGULATIONS,  IF  THE  PARENT  OR  GUARDIAN  OF  SUCH PUPIL SPECIFICALLY
 REQUESTS IN WRITING TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT  OR
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST OF
 THE SCHOOL YEAR. THE PARENT OR GUARDIAN  OF  SUCH  PUPIL  SHALL  RECEIVE
 NOTIFICATION  FROM  THE  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES OF THE RIGHT TO REQUEST  THAT  SUCH  PUPIL  CONTINUE  TO
 RECEIVE  TRANSITIONAL  SERVICES  IN  A REGULAR INSTRUCTIONAL PROGRAM AND
 SUCH NOTIFICATION SHALL BE IN A MANNER  AND  FORM  AS  PREPARED  BY  THE
 DEPARTMENT.  TRANSITIONAL  SERVICES  SHALL INCLUDE BUT NOT BE LIMITED TO
 ACADEMIC INTERVENTION SERVICES,  CONTENT  AREA  SUPPORT,  ENGLISH  AS  A
 SECOND LANGUAGE INSTRUCTION, OR REGULAR CONSULTATION BETWEEN THE ENGLISH
 AS  A SECOND LANGUAGE TEACHER OR BILINGUAL EDUCATIONAL TEACHER AND REGU-
 LAR INSTRUCTION TEACHER FOR SUCH PUPIL.
   (B) EACH SCHOOL DISTRICT SHALL PROVIDE TRANSITIONAL SERVICES  FOR  ONE
 ADDITIONAL  YEAR  IN  THE  SCHOOL YEAR AFTER TRANSITIONAL SERVICES WOULD
 END, IN ACCORDANCE WITH FEDERAL LAW AND COMMISSIONER REGULATIONS, IF THE
 ENGLISH AS A SECOND LANGUAGE OR BILINGUAL EDUCATIONAL TEACHER OR A REGU-
 LAR INSTRUCTIONAL TEACHER OF SUCH PUPIL SPECIFICALLY REQUESTS  IN  WRIT-
 ING,  WITH  CONSENT OF THE PARENT OR GUARDIAN OF THE PUPIL, TO THE BOARD
 OF EDUCATION OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL

 A. 8572                             3
 
 SERVICES NO LATER THAN AUGUST FIRST OF THE SCHOOL YEAR. SUCH TEACHER MAY
 ONLY  REQUEST  A CONTINUATION OF SUCH SERVICES IF THE TEACHER DETERMINES
 THAT THE PUPIL IS NOT SUFFICIENTLY PREPARED FOR  A  GENERAL  EDUCATIONAL
 PROGRAM  AND  MAINTAINING  TRANSITIONAL  SERVICES  FOR  SUCH  PUPIL WILL
 SUBSTANTIALLY INCREASE THE EDUCATIONAL PROSPECTS OF SUCH PUPIL.  TRANSI-
 TIONAL  SERVICES  SHALL  INCLUDE  BUT  NOT BE LIMITED TO ACADEMIC INTER-
 VENTION SERVICES, CONTENT AREA SUPPORT, ENGLISH  AS  A  SECOND  LANGUAGE
 INSTRUCTION,  OR  REGULAR  CONSULTATION  BETWEEN THE ENGLISH AS A SECOND
 LANGUAGE TEACHER OR BILINGUAL EDUCATIONAL TEACHER AND  REGULAR  INSTRUC-
 TION TEACHER FOR SUCH PUPIL.
   § 3. This act shall take effect July 1, 2017.