Senate Bill S3641

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3641
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the education law, in relation to directing the  commis-
   sioner  of  education  to  establish  an  incentive program for school
   districts wishing to implement programs of  foreign  language  in  the
   elementary  schools  and  directing  the  commissioner of education to
   establish an incentive program for college students wishing to  become
   foreign language teachers; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 817 to
 read as follows:
   § 817. FOREIGN LANGUAGE IN THE ELEMENTARY SCHOOL PROGRAM. 1.  LEGISLA-
 TIVE  INTENT.  THE  STUDENTS OF NEW YORK STATE NEED TO HAVE SKILLS IN AT
 LEAST ONE LANGUAGE OTHER THAN ENGLISH (LOTE) AND UNDERSTANDING OF ANOTH-
 ER CULTURE IN ORDER TO SUCCESSFULLY CONFRONT THE CHALLENGES OF THE WORLD
 OF TODAY AND TOMORROW. THEY WILL HAVE TO COMPETE IN THE GLOBAL  ECONOMY;
 WORK  WITH PEOPLE OF DIVERSE CULTURES ABROAD AND AT HOME, AND ENSURE OUR
 NATIONAL SECURITY.
   ONE GOAL OF THIS SECTION  IS  TO  PROVIDE  FUNDING  TO  START  FOREIGN
 LANGUAGE  IN  THE ELEMENTARY SCHOOL (FLES) PROGRAMS FOR A LIMITED NUMBER
 OF SCHOOLS IN HIGH-NEED DISTRICTS.   PARTICIPATION IN  THIS  PROGRAM  IS
 VOLUNTARY.  RELATIVELY FEW SCHOOL DISTRICTS OFFER FLES NATION-WIDE, ONLY
 SIX PERCENT OF STUDENTS STUDY FOREIGN  LANGUAGE  IN  ELEMENTARY  SCHOOL.
 THESE  DISTRICTS  TEND  TO  BE AMONG THE MORE AFFLUENT. BY CHOOSING FIVE
 SCHOOLS IN HIGH-NEED  DISTRICTS,  WE  HOPE  TO  DEMONSTRATE  THAT  THOSE
 SCHOOLS  WHO  CANNOT OTHERWISE AFFORD TO HAVE FLES PROGRAMS CAN SUCCEED.
 CHILDREN OF LOW-INCOME DISTRICTS DESERVE TO HAVE THE SKILLS  TO  SUCCEED
 IN THE GLOBAL WORLD AS WELL AS THOSE OF MORE AFFLUENT AREAS.
   ACCORDING  TO  RESEARCH  AND THE GUIDELINES OF THE AMERICAN COUNCIL ON
 THE TEACHING OF FOREIGN LANGUAGES (ACTFL), STUDENTS WHO BEGIN  STUDY  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01137-01-7

 S. 3641                             2
 
 LOTE  AT AN EARLY AGE AND WHO CONTINUE THAT STUDY FOR A LONG SEQUENCE OF
 YEARS HAVE THE BEST CHANCES OF  ATTAINING  INTERMEDIATE  PROFICIENCY  IN
 THAT LANGUAGE.
   IT IS HOPED THAT THE SUCCESS OF THESE PROGRAMS, WHICH WILL BE CAREFUL-
 LY  MONITORED  BY  THE  NEW  YORK  STATE ASSOCIATION OF FOREIGN LANGUAGE
 TEACHERS (NYSAFLT), WILL NOT ONLY ENCOURAGE THE DISTRICTS  TO  FIND  THE
 FUNDS  TO CONTINUE OFFERING THE FLES PROGRAMS ONCE FUNDING FROM THE BILL
 HAS ENDED, BUT ALSO WILL GENERATE INTEREST IN THE NEIGHBORING  DISTRICTS
 WHICH  WILL  INSPIRE  THEM  TO  IMPLEMENT FLES PROGRAMS, THUS CREATING A
 GRASSROOTS MOVEMENT IN FAVOR OF FLES.
   THE SECOND GOAL OF THIS SECTION IS TO  PROVIDE  FUNDING  TO  ENCOURAGE
 COLLEGE  STUDENTS  WISHING  TO BECOME LOTE TEACHERS.  THERE IS A CURRENT
 SEVERE SHORTAGE OF LOTE TEACHERS IN NEW YORK STATE.  THIS  SHORTAGE  CAN
 PREVENT SCHOOL DISTRICTS FROM OFFERING A VARIETY OF LANGUAGES AS WELL AS
 FROM ADDING CLASSES WITH THE PURPOSE OF INCREASING LOTE STUDY. THE FUND-
 ING PROVIDED WOULD COVER THE COST OF TUITION FOR EDUCATION COURSES LEAD-
 ING TO CERTIFICATION FOR TEACHING LOTE IN NEW YORK STATE.
   2.  FOREIGN  LANGUAGE  ELEMENTARY SCHOOL (FLES) PILOT PROGRAM. PARTIC-
 IPATION IN THIS PROGRAM IS VOLUNTARY.  NOTWITHSTANDING ANY PROVISION  OF
 LAW  TO  THE  CONTRARY, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY
 THE COMMISSIONER, THE COMMISSIONER SHALL ESTABLISH A  TWO  YEAR  FOREIGN
 LANGUAGE  ELEMENTARY  SCHOOL  (FLES)  PILOT  PROGRAM  IN FIVE ELEMENTARY
 SCHOOLS LOCATED IN HIGH-NEED DISTRICTS THAT ARE CONSISTENT  WITH  MODELS
 PROVIDED  BY  THE ELEMENTARY FOREIGN LANGUAGE EDUCATION COMMITTEE OF THE
 NEW YORK STATE ASSOCIATION OF FOREIGN LANGUAGE TEACHERS.
   (A) THE LANGUAGE ELEMENTARY SCHOOL PROGRAM SHALL:
   (1) CONSIST OF AT LEAST THREE TO FIVE SESSIONS PER WEEK;
   (2) BE IN DURATION OF AT LEAST TWENTY MINUTES PER SESSION  FOR  GRADES
 KINDERGARTEN  THROUGH  SECOND  AND THIRTY MINUTES IN DURATION FOR GRADES
 THREE THROUGH SIX; AND
   (3) ATTEMPT TO UTILIZE FOREIGN LANGUAGE  ELEMENTARY  SCHOOL  CERTIFIED
 TEACHERS AND TO REQUIRE ONGOING AND AGE-APPROPRIATE ASSESSMENTS.
   (B)  THE CURRICULUM SHOULD BE CONTENT COORDINATED WITH OVERALL COORDI-
 NATION WITH THE SCHOOL DISTRICT'S FOREIGN LANGUAGE PROGRAM.
   (C) FUNDING FOR THIS PROGRAM SHALL BE PROVIDED TO:
   (1) HIRE FOREIGN LANGUAGE ELEMENTARY CERTIFIED TEACHERS;
   (2) PURCHASE INSTRUCTIONAL MATERIALS; AND
   (3) INCORPORATE OTHER FORMS OF SUPPORT TO ENSURE THAT THE  PROGRAM  IS
 SUSTAINABLE AND SUCCESSFUL.
   3.  STUDENT  INCENTIVE AWARD FOR CERTIFICATION IN LANGUAGES OTHER THAN
 ENGLISH (LOTE) TEACHING. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE
 CONTRARY,  PURSUANT  TO REGULATIONS PROMULGATED BY THE COMMISSIONER, THE
 COMMISSIONER SHALL ESTABLISH A STUDENT INCENTIVE  AWARD  FOR  ATTRACTING
 AND  RETAINING  COLLEGE STUDENTS WISHING TO BECOME TEACHERS OF LANGUAGES
 OTHER THAN ENGLISH.
   (A) THESE INCENTIVES SHOULD BE USED TO PAY FOR  TUITION  IN  EDUCATION
 COURSES, UNDERGRADUATE OR GRADUATE, LEADING TO CERTIFICATION IN NEW YORK
 STATE.
   (B)  A PROVISION OF SUCH TUITION SCHOLARSHIPS WOULD BE A COMMITMENT ON
 THE PART OF THE PROSPECTIVE TEACHER TO TEACH FOREIGN  LANGUAGES  IN  NEW
 YORK  STATE  FOR A MINIMUM OF THREE YEARS AFTER GRADUATION. SUCH PROGRAM
 SHALL INCLUDE AN INCENTIVE AWARD OF TEN  THOUSAND  DOLLARS  PER  STUDENT
 UPON  THE  COMPLETION  OF COURSES FULFILLING THE REQUIREMENT FOR CERTIF-
 ICATION IN LANGUAGES OTHER THAN ENGLISH  (LOTE)  TEACHING  IN  NEW  YORK
 STATE.

 S. 3641                             3
 
   §  2.  The sum of two million dollars ($2,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the department of  educa-
 tion  out of any moneys in the state treasury in the general fund to the
 credit of the state purposes account, not  otherwise  appropriated,  and
 made  immediately  available,  for  the  purpose  of  carrying  out  the
 provisions of this act.  Such moneys shall be payable on the  audit  and
 warrant  of  the  comptroller  on  vouchers certified or approved by the
 commissioner of education in the manner prescribed by  law.    Such  sum
 shall be distributed as follows:
   1. One million dollars ($1,000,000) for the foreign language elementa-
 ry  school (FLES) pilot program, or so much thereof as may be necessary,
 is hereby appropriated to the department of education from any moneys in
 the state treasury in the general  fund  to  the  credit  of  the  state
 purposes account not otherwise appropriated for services and expenses of
 the  department  of  education  for  the  purposes  of  carrying out the
 provisions of this act.
   Five elementary schools will  receive  one  hundred  thousand  dollars
 ($100,000) per year, for each year of the two year program.
   2. One million dollars ($1,000,000) for student incentives, or so much
 thereof as may be necessary, is hereby appropriated to the department of
 education  from  any moneys in the state treasury in the general fund to
 the credit of the state purposes account not otherwise appropriated  for
 services and expenses of the department of education for the purposes of
 carrying out the provisions of this act.
   One  hundred individual student incentive awards will be issued at ten
 thousand dollars ($10,000) each. Such sum shall be payable on the  audit
 and  warrant  of the state comptroller on vouchers certified or approved
 by the commissioner of education, or his or her duly  designated  repre-
 sentative in the manner provided by law.
   3.  No  expenditure  shall  be  made  from  this appropriation until a
 certificate of approval of availability shall have been  issued  by  the
 director  of  the budget and filed with the state comptroller and a copy
 filed with the chair of the senate finance committee and  the  chair  of
 the assembly ways and means committee.
   4.  Such  certificate may be amended from time to time by the director
 of the budget and a copy of each such amendment shall be filed with  the
 state  comptroller,  the  chair  of the senate finance committee and the
 chair of the assembly ways and means committee.
   § 3. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.