STATE OF NEW YORK
        ________________________________________________________________________
                                          2269
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. ROZIC, COLTON, CRESPO, WEPRIN -- Multi-Sponsored
          by -- M. of A.  ABBATE, ARROYO, MOSLEY -- read once  and  referred  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.
                                                                   LBD00984-01-9