S T A T E O F N E W Y O R K
________________________________________________________________________
4572
2023-2024 Regular Sessions
I N S E N A T E
February 10, 2023
___________
Introduced by Sens. RAMOS, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to administration of
language assessment instruments to students receiving a program of
bilingual education or English as a second language
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 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 assess-
ment 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] SUCH pupil's proficiency in the English language
shall be measured [annually] by [such] A language assessment instrument
AFTER THE PUPIL HAS BEEN ENROLLED IN A PROGRAM OF BILINGUAL EDUCATION OR
ENGLISH AS A SECOND LANGUAGE FOR A PERIOD OF THREE CONSECUTIVE SCHOOL
YEARS AND ANNUALLY THEREAFTER in order to determine further partic-
ipation 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 guardi-
an of a pupil designated as limited English proficient shall be informed
by the local school authorities of the pupil's placement in an instruc-
tional program.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06137-01-3