Bill Text: NY A08572 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to bilingual education or English as a second language for students identified as proficient in the English language.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-01-03 - referred to education [A08572 Detail]

Download: New_York-2017-A08572-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8572
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      July 10, 2017
                                       ___________
        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:
     1    Section 1. Paragraph 3 of subdivision  2-a  of  section  3204  of  the
     2  education  law,  as added by chapter 827 of the laws of 1982, is amended
     3  to read as follows:
     4    3. Eligibility for such programs  shall  be  based  on  the  following
     5  criteria.  (a) A pupil who by reason of foreign birth or ancestry speaks
     6  a language other than English, and either understands and speaks  little
     7  or  no  English,  or  who  has  been  identified by any English language
     8  assessment instrument approved by the commissioner as a pupil of limited
     9  English proficiency, shall receive a program of bilingual  education  or
    10  English as a second language in accordance with standards established by
    11  the commissioner. A pupil's proficiency in the English language shall be
    12  measured  annually  by  such  language assessment instrument in order to
    13  determine further participation in bilingual education or English  as  a
    14  second  language program in accordance with standards established by the
    15  commissioner, subject to the  provisions  of  subdivision  two  of  this
    16  section. The parent or guardian of a pupil designated as limited English
    17  proficient  shall  be  informed  by  the local school authorities of the
    18  pupil's placement in an instructional program.
    19    (b) A pupil who is identified as proficient in the  English  language,
    20  as  measured by the annual English language assessment instrument, shall
    21  continue to receive a program of bilingual education  or  English  as  a
    22  second language for one additional year during the following school year
    23  if  specifically  requested in writing by the parent or guardian of such
    24  pupil to the board of education of the school district or board of coop-
    25  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.
                                                                   LBD08850-01-7

        A. 8572                             2
     1  year.  The  parent  or  guardian of the pupil shall receive notification
     2  from the school district or board of cooperative educational services of
     3  the right to request that such pupil continue to receive  a  program  or
     4  bilingual  education  or English as a second language and such notifica-
     5  tion shall be prepared by the department. Such request may only be  made
     6  once.    Nothing  in  this  paragraph shall affect the right of a former
     7  limited English proficient pupil to  receive  transitional  services  in
     8  accordance with state and federal laws and regulations once the pupil no
     9  longer  receives a program of bilingual education or English as a second
    10  language.
    11    (c) A pupil who is identified as proficient in the  English  language,
    12  as  measured by the annual English language assessment instrument, shall
    13  continue to receive a program of bilingual education  or  English  as  a
    14  second language for one additional year during the following school year
    15  if specifically requested in writing by the English as a second language
    16  or  bilingual  education  teacher of such pupil, and with consent of the
    17  parent or guardian, to the board of education of the school district  or
    18  board  of cooperative educational services no later than August first of
    19  the school year. Such teacher may only request a  continuation  of  such
    20  education  if  the teacher determines that the pupil is not sufficiently
    21  prepared for a general education  program  and  maintaining  such  pupil
    22  within  a program of bilingual education or English as a second language
    23  will substantially increase the educational  prospects  of  such  pupil.
    24  Such  request  may  only be made once.   Nothing in this paragraph shall
    25  affect the right of a former limited English proficient pupil to receive
    26  transitional services in accordance with  state  and  federal  laws  and
    27  regulations  once  the  pupil  no longer receives a program of bilingual
    28  education or English as a second language.
    29    § 2. Paragraph 7 of subdivision 2-a of section 3204 of  the  education
    30  law,  as added by chapter 827 of the laws of 1982, is amended to read as
    31  follows:
    32    7. After a pupil is enrolled in a regular instructional program,  [he]
    33  such  pupil  may  receive  additional  instruction in [his] such pupil's
    34  native language.  (a) Each school district  shall  provide  transitional
    35  services  for  one additional year in the school year after transitional
    36  services would end, in accordance  with  federal  law  and  commissioner
    37  regulations,  if  the  parent  or  guardian  of  such pupil specifically
    38  requests in writing to the board of education of the school district  or
    39  board  of cooperative educational services no later than August first of
    40  the school year. The parent or guardian  of  such  pupil  shall  receive
    41  notification  from  the  school  district or board of cooperative educa-
    42  tional services of the right to request  that  such  pupil  continue  to
    43  receive  transitional  services  in  a regular instructional program and
    44  such notification shall be in a manner  and  form  as  prepared  by  the
    45  department.  Transitional  services  shall include but not be limited to
    46  academic intervention services,  content  area  support,  English  as  a
    47  second language instruction, or regular consultation between the English
    48  as  a second language teacher or bilingual educational teacher and regu-
    49  lar instruction teacher for such pupil.
    50    (b) Each school district shall provide transitional services  for  one
    51  additional  year  in  the  school year after transitional services would
    52  end, in accordance with federal law and commissioner regulations, if the
    53  English as a second language or bilingual educational teacher or a regu-
    54  lar instructional teacher of such pupil specifically requests  in  writ-
    55  ing,  with  consent of the parent or guardian of the pupil, to the board
    56  of education of the school district or board of cooperative  educational

        A. 8572                             3
     1  services no later than August first of the school year. Such teacher may
     2  only  request  a continuation of such services if the teacher determines
     3  that the pupil is not sufficiently prepared for  a  general  educational
     4  program  and  maintaining  transitional  services  for  such  pupil will
     5  substantially increase the educational prospects of such pupil.  Transi-
     6  tional  services  shall  include  but  not be limited to academic inter-
     7  vention services, content area support, English  as  a  second  language
     8  instruction,  or  regular  consultation  between the English as a second
     9  language teacher or bilingual educational teacher and  regular  instruc-
    10  tion teacher for such pupil.
    11    § 3. This act shall take effect July 1, 2017.
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