LEGISLATIVE RESOLUTION urging the United States Department of Education
and the New York State Congressional Delegation to support the New York
State Education Department's request to employ alternative methods of
assessing Limited English Proficient/English Language Learners students
to comply with federal Title I accountability requirements

WHEREAS, The No Child Left Behind Act requires that the language arts
proficiency of all students who are Limited English Proficient/English
Language Learners be measured annually as part of school and district
accountability and the New York State Education Department utilized the
New York State English as a Second Language Achievement Test to meet
such requirement; and
WHEREAS, Prior to the 2006-07 school year, Limited English
Proficient/English Language Learner students who had attended school in
the United States for less than three consecutive school years were
allowed to take the New York State English as a Second Language Achieve-
ment Test in lieu of the elementary and middle school English Language
Arts assessments to meet the accountability requirements; and
WHEREAS, In June 2006, the United States Department of Education noti-
fied the New York State Education Department that its use of an alterna-
tive English as a Second Language test instead of the English Language
Arts test was no longer consistent with the requirements of the Federal
No Child Left Behind Act; and
WHEREAS, As a result, the State of New York must administer its
English Language Arts assessment to Limited English Proficient/English
Language Learner students who, as of January 3, 2007, have been enrolled
in school in the United States for one year or more and still require
the Limited English Proficient/English Language Learner students to also
take the New York State English as a Second Language Achievement Test to
meet other federal accountability requirements; and
WHEREAS, The New York State Assembly Committee on Education held a
hearing on October 26, 2006, to examine and discuss the New York State
Education Department's plan to comply with the English Language Arts
accountability requirements and the steps that are being taken to
provide guidance and oversight to school districts; and
WHEREAS, At the hearing, testimony was given by school district repre-
sentatives, teachers and other professionals on the impact of adminis-
tering the New York State English Language Achievement to Limited
English Proficient/English Language Learner students who, as of January
3, 2007, have been enrolled in school in the United States for one year
or more; and
WHEREAS, As a result of the offered testimony, the New York State
Assembly Committee on Education was informed that administering the New
York State English Language Arts test to Limited English
Proficient/English Language Learner students who were previously eligi-
ble to take the New York State English as a Second Language Achievement
Test would be detrimental to individual students who understandably lack
the sufficient English capability and would unreasonably impact a
school's accountability status pursuant to the Federal No Child Left
Behind Act requirements; and
WHEREAS, The New York State Assembly Committee on Education recognizes
the great importance of accountability provisions in order to gauge
student performance, in this instance it acknowledges the concerns
raised by stakeholders and supports the New York State Education Depart-
ment's request for additional flexibility in assessing Limited English
Proficient/English Language Learner students consistent with federal
Title I accountability requirements; now, therefore, be it

RESOLVED, That this Legislative Body pause in its deliberations to
urge the United States Department of Education and the New York State
Congressional Delegation to support the New York State Education Depart-
ment's request to employ alternative methods of assessing Limited
English Proficient/English Language Learner students to comply with
federal Title I accountability requirements; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the United States Department of Education, the President of
the Senate of the United States, the Speaker of the House of Represen-
tatives, and to each member of the Congress of the United States from
the State of New York.