Relates to administration of language assessment instruments to students receiving a program of bilingual education or English as a second language.
TITLE OF BILL: 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
PURPOSE: To lengthen the amount of time that students will have to learn English as a second language from 1 year to 3 years.
SUMMARY OF PROVISIONS: To amend paragraph 3 of subdivision 2-a of section 3204 of the education law.
EXISTING LAW: A student's English language proficiency is measured on an annual basis, with no regard for how long they have had to learn English when it is not their first language.
JUSTIFICATION: Studies have indicated that children are able to learn a new language within 2-3 years of instruction. Currently, new pupils of foreign birth are administered the English Language Arts Exam and are held to the same standards as English-speaking students after only one year of bilingual education. This bill will allow students who speak little to no English an opportunity to learn the English language for a period of three school years before their proficiency is assessed.
LEGISLATIVE HISTORY: 2012: S.6381/A.9181
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 419 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DILAN -- 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00690-01-3