BILL NUMBER:S3711

TITLE OF BILL:  An act to amend the education law, in relation to
establishing fair, equitable and appropriate English language testing
requirements for certain students

PURPOSE OR GENERAL IDEA OF BILL:

To establish procedures that will allow limited English proficient
English language learners who enroll in a New York State school after
grade eight (8) and who meet all other high school graduation
requirements except the English Regents Test, to meet that requirement
as follows:

* pass a native language arts test

* demonstrate English language acquisition at levels commensurate with
the number of years of English language instruction as measured by
English language achievement test.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the education law by adding a new
subdivision, 53, which requires that the board of regents implement
policies that will allow pupils of limited English Proficiency who
first enroll in a New York state school after grade eight, and who
              

meet all other requirements for graduation, to be allowed to meet the
English regents examination requirement by passing a native language
arts test, demonstrating English language acquisition at a level
commensurate with the number of years of English language instruction
as measured by an English language proficiency assessment instrument
approved by the commissioner.

Section 2 of this bill states that it will take effect immediately and
shall apply beginning in the 2015-2016 school year.

JUSTIFICATION:

New York State requires that, starting with the 2009 ninth grade
class, all students must earn a Regents diploma to graduate from high
school. While English language learners have the option of taking four
of the five high stakes Regents tests required for graduation in their
native language, they must also pass an English language arts test,
i.e., the English Regents Examination.  Research shows that it takes
approximately four to six years to acquire English proficiency.
Students enrolling in school in the United Sates after the middle
grades will not have the time or the level of instruction needed to
acquire the English language proficiency needed to pass the
Comprehensive English Regents Examination. Many of these students have
high levels of literacy in their native language. Given the strong
correlation between native language literacy and acquiring English
language literacy, students with strong literacy skills in their first
language do become strong readers of English. As a consequence of the
new requirements these students are forced to remain in high school
until they either pass the English Regents test or drop out of school.
They must put off and delay moving on to higher education although
they may have already been accepted into a college or university.


New York State data shows that approximately ninety percent of English
language learners do not earn a Regents diploma in four years. For
those students who can read challenging literature in their native
language, i.e. Cervantes' Don Quixote de la Mancha, and who are
rapidly acquiring English proficiency, there must be a more fair and
equitable road to acquiring a high school diploma in New York State.

PRIOR LEGISLATIVE HISTORY:

2010, 2011

FISCAL IMPLICATIONS:

The Advanced Placement Tests published by the College Boards and
available in French, German, Spanish and Japanese can be used. The fee
for the AP test would be waived for students eligible for free and
reduced lunch which through a combination of waivers would bring the
cost to zero.

$87 - cost of test reduced by:

$22 - College Boards fee waiver for free and reduced lunch students

$57 - NYSED waiver through a Federal Grant

$ 8 - Administrative fee, waived by college Boards

$ 0 - cost

Not all students that will take the Advanced Placement Test will be
eligible for free and reduced lunch. Therefore, the fiscal
implications are yet to be determined.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply beginning in
the 2015-2016 school year.