STATE OF NEW YORK
        ________________________________________________________________________

                                          4572

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     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 pupil who by reason of foreign birth or  ancestry  speaks  a
     6  language other than English, and either understands and speaks little or
     7  no  English,  or who has been identified by any English language assess-
     8  ment 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] Such pupil's proficiency in the  English  language
    12  shall  be measured [annually] by [such] a language assessment instrument
    13  after the pupil has been enrolled in a program of bilingual education or
    14  English as a second language for a period of  three  consecutive  school
    15  years  and  annually  thereafter  in  order to determine further partic-
    16  ipation in bilingual education or English as a second  language  program
    17  in accordance with standards established by the commissioner, subject to
    18  the provisions of subdivision two of this section. The parent or guardi-
    19  an of a pupil designated as limited English proficient shall be informed
    20  by  the local school authorities of the pupil's placement in an instruc-
    21  tional program.
    22    § 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