What's happening
This bill changes when English language proficiency assessments are given to bilingual or ESL students, requiring them after three years and then annually.
Why it matters
Delaying the first English proficiency assessment until after three years in a bilingual or ESL program gives students more time to develop their language skills before being formally evaluated, which could reduce early testing pressure and potentially prevent premature exits from language support services.
The new schedule for assessments may allow educators to focus on sustained instruction and language development rather than frequent testing, potentially improving educational outcomes for English learners.
This change could affect how schools allocate resources, as they may need to adjust support staff, materials, and intervention plans to align with the new assessment timeline—impacting both program funding and instructional strategies.
Parents and guardians will still be notified about their child’s program placement, but with less frequent initial assessments, families might have a longer wait before receiving formal updates on English proficiency progress, which could influence their engagement and expectations.
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Who cares
Headline styles
Change English Testing Timeline
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Delay English Assessment Testing
In Assembly Committee · Education · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4186
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed 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 Assembly, 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 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] Such pupil's proficiency in the English language shall be measured [annually] by [such] a language assessment instrument after the pupil has been enrolled in a program of bilingual education or English as a second language for a period of three consecutive school years and annually thereafter 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00414-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To lengthen the amount of time that students will have to learn English as a second language from 1 year to 3 years.
Summary of provisions
To amend paragraph 3 of subdivision 2-a of section 3204 of the education law.
Existing law
A student's English language proficiency is measured on an annual basis, with no regard for how long they have had to learn English when it is not their first language.
Justification
Studies have indicated that children are able to learn a new language within 2-3 years of instruction. Currently, new pupils of foreign birth are administered the English Language Arts Exam and are held to the same standards as English-speaking students after only one year of bilingual education. This bill will allow students who speak little to no English an opportunity to learn the English language for a period of three school years before their proficiency is assessed.
Legislative history
2013-2014: S.419/A.8686 Referred to education 2015-2016: S.1021/A.193 Referred to education
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.