S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1851

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN,  BRADLEY,  CAHILL, COLTON, GOTTFRIED,
  JAFFEE, MILLMAN, PERALTA, O'DONNELL -- Multi-Sponsored by -- M. of  A.
  COOK,  DelMONTE,  DESTITO,  GLICK,  GREENE, McENENY, PEOPLES, PHEFFER,
  SWEENEY, WEISENBERG, WRIGHT -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to  requiring  review  of
  foreign  language  learning standards; and providing for the repeal of
  certain provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 211 of the education law, as added by section 1 of
part A of chapter 57 of the laws of 2007, is amended to read as follows:
  S 211. Review of regents learning  standards.  1.  The  regents  shall
periodically review and evaluate the existing regents learning standards
to  determine if they should be strengthened, modified or combined so as
to provide adequate opportunity for students to acquire the  skills  and
knowledge  they need to succeed in employment or postsecondary education
and to function productively as civic participants upon graduation  from
high school. Such review and evaluation shall be conducted upon a sched-
ule adopted by the regents, provided that a review and evaluation of the
English  language arts standards shall be completed as soon as possible,
but no later than the end of the two thousand seven--two thousand  eight
school  year  AND  FURTHER THAT A REVIEW AND EVALUATION OF STANDARDS FOR
LANGUAGES OTHER THAN ENGLISH SHALL BE COMPLETED AS SOON AS POSSIBLE  BUT
NO  LATER THAN THE END OF THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
SCHOOL YEAR.
  2. In conducting such reviews, the regents shall seek the  recommenda-
tions  of  teachers, school administrators, teacher educators and others
with educational expertise on improvements to the standards so that they
ensure that students are prepared, in appropriate progression, for post-
secondary education or employment.  THE REGENTS REVIEW AND EVALUATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01391-02-9
              

A. 1851                             2

LEARNING STANDARDS FOR LANGUAGES OTHER THAN ENGLISH SHALL INCLUDE DEFIN-
ING AN APPROACH TO THE STUDY  OF  LANGUAGES  OTHER  THAN  ENGLISH  WHICH
INCLUDES  LANGUAGE  PROFICIENCY  AS  A  BASIS FOR PLACEMENT, ASSESSMENT,
ACADEMIC  CREDIT  AND  INSTRUCTION IN PRE-KINDERGARTEN, KINDERGARTEN AND
GRADES ONE THROUGH TWELVE.
  3. A. THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM TO BE  ADMINIS-
TERED  BY THE OFFICE OF BILINGUAL EDUCATION AND FOREIGN LANGUAGE STUDIES
OF THE DEPARTMENT AT PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO  SUPPORT
THE  REGENTS  REVIEW  AND EVALUATION OF LEARNING STANDARDS FOR LANGUAGES
OTHER THAN ENGLISH.   THE OFFICE  OF  BILINGUAL  EDUCATION  AND  FOREIGN
LANGUAGE  STUDIES  SHALL IMPLEMENT SUCH PROGRAM WITHIN THE AMOUNT OF ANY
MONEYS MADE AVAILABLE THEREFOR BY APPROPRIATION.    SUCH  PROGRAM  SHALL
REVIEW  AND  EVALUATE  THE  DEVELOPMENT  OF A CURRICULUM WHICH GIVES ALL
STUDENTS THE OPPORTUNITY TO LEARN A LANGUAGE OTHER THAN ENGLISH  THROUGH
PROGRAMS  WITH  APPROPRIATE TIME ALLOCATIONS, PROFICIENCY-BASED INSTRUC-
TION  AND  ASSESSMENTS  AND  QUALITY  INSTRUCTION  IN  PRE-KINDERGARTEN,
KINDERGARTEN AND GRADES ONE THROUGH TWELVE. THE PROGRAM EVALUATION SHALL
INCLUDE:
  (I)  THE  COLLECTION  OF  DATA  ABOUT  SCHOOL  DISTRICT INSTRUCTION IN
LANGUAGES OTHER  THAN  ENGLISH  IN  PRE-KINDERGARTEN,  KINDERGARTEN  AND
GRADES ONE THROUGH TWELVE;
  (II)  THE  IDENTIFICATION OF THE BEST PRACTICES AND MODELS OF INSTRUC-
TION FOR THE STUDY OF LANGUAGES OTHER THAN  ENGLISH  IN  ELEMENTARY  AND
SECONDARY SCHOOLS;
  (III)  RECOMMENDATIONS ABOUT PROFICIENCY-BASED INSTRUCTIONAL METHODOL-
OGIES AND ASSESSMENT  TOOLS  FOR  THE  STUDY  OF  LANGUAGES  OTHER  THAN
ENGLISH;
  (IV) A PROFICIENCY-BASED APPROACH TO PLACEMENT, ASSESSMENT AND PROVID-
ING CREDIT TO NON-NATIVE ENGLISH SPEAKERS IN THEIR NATIVE LANGUAGES;
  (V)  REVIEW  OF  AND  RECOMMENDATIONS  ABOUT  MULTIPLE COURSE DELIVERY
MODELS  SUCH  AS  DISTANCE  LEARNING,  ON-LINE  LEARNING  AND  WEB-BASED
PROGRAMS; AND
  (VI)  OTHER  FIELD  RESEARCH  WHICH  SUPPORTS  HIGH  QUALITY, ONGOING,
SYSTEMATIC INSTRUCTION IN LANGUAGES OTHER THAN ENGLISH IN ELEMENTARY AND
SECONDARY SCHOOLS.
  B. SCHOOLS PARTICIPATING IN THE  PILOT  PROGRAM  SHALL  REPRESENT  THE
GEOGRAPHICAL  DIVERSITY  OF THE STATE INCLUDING, BUT NOT LIMITED TO, THE
VARIOUS GEOGRAPHIC AREAS, POPULATION DENSITIES AND  COMMUNITY  DIVERSITY
THROUGHOUT  THE  STATE.  PARTICIPATION  IN THE PILOT PROGRAM ESTABLISHED
UNDER PARAGRAPH A OF THIS SUBDIVISION SHALL BE VOLUNTARY.
  C. THE OFFICE OF BILINGUAL EDUCATION AND FOREIGN LANGUAGE  STUDIES  IN
THE DEPARTMENT SHALL SUBMIT A WRITTEN REPORT STATING THE FINDINGS OF THE
PILOT  PROGRAM  TO THE REGENTS, THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE  ASSEM-
BLY  AND  SENATE  COMMITTEES  ON  EDUCATION  PRIOR TO EITHER THE REGENTS
REVIEW OF LEARNING  STANDARDS  FOR  LANGUAGES  OTHER  THAN  ENGLISH,  AS
REQUIRED  BY SUBDIVISION ONE OF THIS SECTION, OR PRIOR TO THE END OF THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, WHICHEVER OCCURS
FIRST.
  S 2. This act shall take effect July 1, 2009. Provided, however,  that
the  pilot program established under subdivision 3 of section 211 of the
education law added by section one of this act shall expire December 31,
2014 when upon such date the provisions of  such  subdivision  shall  be
deemed repealed.