Relates to establishing fair, equitable and appropriate English language testing requirements for certain students with limited English proficiency

o pass a native language arts test o 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, 42, 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 2012-2013 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 2012-2013 school year.