S T A T E O F N E W Y O R K
________________________________________________________________________
6632
2019-2020 Regular Sessions
I N A S S E M B L Y
March 14, 2019
___________
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.
LBD10589-01-9
A. 6632 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. 6632 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, 2019.