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

                                  9568

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

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:

  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) 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
assessment 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 pupil's proficiency in the English language shall be
measured  annually  by  such  language assessment instrument in order to
determine further participation 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 guardian of a pupil designated as limited English
proficient  shall  be  informed  by  the local school authorities of the
pupil's placement in an instructional program.
  (B) A PUPIL WHO IS IDENTIFIED AS PROFICIENT IN THE  ENGLISH  LANGUAGE,
AS  MEASURED BY THE ANNUAL ENGLISH LANGUAGE ASSESSMENT INSTRUMENT, SHALL
CONTINUE TO RECEIVE A PROGRAM OF BILINGUAL EDUCATION  OR  ENGLISH  AS  A
SECOND LANGUAGE FOR ONE ADDITIONAL YEAR DURING THE FOLLOWING SCHOOL YEAR
IF  SPECIFICALLY  REQUESTED IN WRITING BY THE PARENT OR GUARDIAN OF SUCH
PUPIL TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST  OF  THE  SCHOOL
YEAR.  THE  PARENT  OR  GUARDIAN OF THE PUPIL SHALL RECEIVE NOTIFICATION
FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF
THE RIGHT TO REQUEST THAT SUCH PUPIL CONTINUE TO RECEIVE  A  PROGRAM  OR

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

                                                           LBD13626-05-4

A. 9568                             2

BILINGUAL  EDUCATION  OR ENGLISH AS A SECOND LANGUAGE AND SUCH NOTIFICA-
TION SHALL BE PREPARED BY THE DEPARTMENT. SUCH REQUEST MAY ONLY BE  MADE
ONCE.    NOTHING  IN  THIS  PARAGRAPH SHALL AFFECT THE RIGHT OF A FORMER
LIMITED  ENGLISH  PROFICIENT  PUPIL  TO RECEIVE TRANSITIONAL SERVICES IN
ACCORDANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS ONCE THE PUPIL NO
LONGER RECEIVES A PROGRAM OF BILINGUAL EDUCATION OR ENGLISH AS A  SECOND
LANGUAGE.
  (C)  A  PUPIL WHO IS IDENTIFIED AS PROFICIENT IN THE ENGLISH LANGUAGE,
AS MEASURED BY THE ANNUAL ENGLISH LANGUAGE ASSESSMENT INSTRUMENT,  SHALL
CONTINUE  TO  RECEIVE  A  PROGRAM OF BILINGUAL EDUCATION OR ENGLISH AS A
SECOND LANGUAGE FOR ONE ADDITIONAL YEAR DURING THE FOLLOWING SCHOOL YEAR
IF SPECIFICALLY REQUESTED IN WRITING BY THE ENGLISH AS A SECOND LANGUAGE
OR BILINGUAL EDUCATION TEACHER OF SUCH PUPIL, AND WITH  CONSENT  OF  THE
PARENT  OR GUARDIAN, TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST  OF
THE  SCHOOL  YEAR.  SUCH TEACHER MAY ONLY REQUEST A CONTINUATION OF SUCH
EDUCATION IF THE TEACHER DETERMINES THAT THE PUPIL IS  NOT  SUFFICIENTLY
PREPARED  FOR  A  GENERAL  EDUCATION  PROGRAM AND MAINTAINING SUCH PUPIL
WITHIN A PROGRAM OF BILINGUAL EDUCATION OR ENGLISH AS A SECOND  LANGUAGE
WILL  SUBSTANTIALLY  INCREASE  THE  EDUCATIONAL PROSPECTS OF SUCH PUPIL.
SUCH REQUEST MAY ONLY BE MADE ONCE.   NOTHING IN  THIS  PARAGRAPH  SHALL
AFFECT THE RIGHT OF A FORMER LIMITED ENGLISH PROFICIENT PUPIL TO RECEIVE
TRANSITIONAL  SERVICES  IN  ACCORDANCE  WITH  STATE AND FEDERAL LAWS AND
REGULATIONS ONCE THE PUPIL NO LONGER RECEIVES  A  PROGRAM  OF  BILINGUAL
EDUCATION OR ENGLISH AS A SECOND LANGUAGE.
  S  2.  Paragraph 7 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:
  7.  After a pupil is enrolled in a regular instructional program, [he]
SUCH PUPIL may receive additional  instruction  in  [his]  SUCH  PUPIL'S
native  language.    (A) EACH SCHOOL DISTRICT SHALL PROVIDE TRANSITIONAL
SERVICES FOR ONE ADDITIONAL YEAR IN THE SCHOOL YEAR  AFTER  TRANSITIONAL
SERVICES  WOULD  END,  IN  ACCORDANCE  WITH FEDERAL LAW AND COMMISSIONER
REGULATIONS, IF THE  PARENT  OR  GUARDIAN  OF  SUCH  PUPIL  SPECIFICALLY
REQUESTS  IN WRITING TO THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES NO LATER THAN AUGUST FIRST  OF
THE  SCHOOL  YEAR.  THE  PARENT  OR GUARDIAN OF SUCH PUPIL SHALL RECEIVE
NOTIFICATION FROM THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  OF  THE  RIGHT  TO REQUEST THAT SUCH PUPIL CONTINUE TO
RECEIVE TRANSITIONAL SERVICES IN A  REGULAR  INSTRUCTIONAL  PROGRAM  AND
SUCH  NOTIFICATION  SHALL  BE  IN  A  MANNER AND FORM AS PREPARED BY THE
DEPARTMENT. TRANSITIONAL SERVICES SHALL INCLUDE BUT NOT  BE  LIMITED  TO
ACADEMIC  INTERVENTION  SERVICES,  CONTENT  AREA  SUPPORT,  ENGLISH AS A
SECOND LANGUAGE INSTRUCTION, OR REGULAR CONSULTATION BETWEEN THE ENGLISH
AS A SECOND LANGUAGE TEACHER OR BILINGUAL EDUCATIONAL TEACHER AND  REGU-
LAR INSTRUCTION TEACHER FOR SUCH PUPIL.
  (B)  EACH  SCHOOL DISTRICT SHALL PROVIDE TRANSITIONAL SERVICES FOR ONE
ADDITIONAL YEAR IN THE SCHOOL YEAR  AFTER  TRANSITIONAL  SERVICES  WOULD
END, IN ACCORDANCE WITH FEDERAL LAW AND COMMISSIONER REGULATIONS, IF THE
ENGLISH AS A SECOND LANGUAGE OR BILINGUAL EDUCATIONAL TEACHER OR A REGU-
LAR  INSTRUCTIONAL  TEACHER OF SUCH PUPIL SPECIFICALLY REQUESTS IN WRIT-
ING, WITH CONSENT OF THE PARENT OF GUARDIAN OF THE PUPIL, TO  THE  BOARD
OF  EDUCATION OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES NO LATER THAN AUGUST FIRST OF THE SCHOOL YEAR. SUCH TEACHER MAY
ONLY REQUEST A CONTINUATION OF SUCH SERVICES IF THE  TEACHER  DETERMINES
THAT  THE  PUPIL  IS NOT SUFFICIENTLY PREPARED FOR A GENERAL EDUCATIONAL

A. 9568                             3

PROGRAM AND  MAINTAINING  TRANSITIONAL  SERVICES  FOR  SUCH  PUPIL  WILL
SUBSTANTIALLY  INCREASE THE EDUCATIONAL PROSPECTS OF SUCH PUPIL. TRANSI-
TIONAL SERVICES SHALL INCLUDE BUT NOT  BE  LIMITED  TO  ACADEMIC  INTER-
VENTION  SERVICES,  CONTENT  AREA  SUPPORT, ENGLISH AS A SECOND LANGUAGE
INSTRUCTION, OR REGULAR CONSULTATION BETWEEN THE  ENGLISH  AS  A  SECOND
LANGUAGE  TEACHER  OR BILINGUAL EDUCATIONAL TEACHER AND REGULAR INSTRUC-
TION TEACHER FOR SUCH PUPIL.
  S 3. This act shall take effect July 1, 2014.