NYS Seal




Limited English Proficient/English Language Learner (LEP/ELL) Student Assessment Policy in New York State under the Federal No Child Left Behind Act.


To examine the State Education Department's plan to comply with federal requirements related to the LEP/ELL Student Assessment Policy, the impact of the requirements, and the availability of alternative State compliance plans to satisfy federal concerns.

Thursday, October 26th
Assembly Hearing Room
250 Broadway, Room 1923
19th Floor
New York, New York
10:30 A.M.

In June of 2006, the U.S. Department of Education (USDOE) notified the New York State Education Department (SED) that their use of an alternative English as a Second Language (ESL) test instead of the English Language Arts (ELA) test was no longer consistent with the requirements of the Federal No Child Left Behind Act (NCLB). Current practice had been to allow LEP/ELL students to take the New York State English as a Second Language Achievement Test (NYSESLAT) for up to three years rather than taking the ELA assessment. Subsequent to this directive, New York State must administer its ELA assessment to LEP/ELL students who, as of January 3, 2007, have been enrolled in school in the United States for one year or more.

New York State has been directed to comply with this NCLB requirement by the end of the 2006-07 school year, and SED has been warned that failure to do so could result in a loss of Federal funds. This directive could have a significant impact on New York's students. According to SED's 2003 statistics, there are approximately 200,000 LEP/ELL students in New York State. In New York City alone, where there is the highest number of LEP/ELL students, they comprise over 13% of the total student enrollment.

The Committee on Education seeks to examine and discuss SED's plan to comply with these new ELA accountability requirements and the steps that are being taken by SED to provide guidance and oversight to school districts. This hearing will also seek testimony on the impact of the new LEP/ELL Student Assessment Policy on New York State students and school districts.

Persons wishing to present pertinent testimony to the Committee at the above hearing should complete and return the reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.

Oral testimony will be limited to ten minutes in length. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements. Written testimony will also be accepted and may be sent to the contact persons listed on the reply form. In order to publicize the hearing further, please inform interested parties of the Committee's interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Committee on Education


Persons invited to present testimony at the public hearing on Limited English Proficient/English Language Learner Student Assessment Policy in New York State under the Federal No Child Left Behind Act are requested to complete this reply form as soon as possible and return it to:

Jennifer Trowbridge
Committee Assistant
Assembly Committee on Education
Room 513 - Capitol
Albany, New York 12248
Email: trowbrj@assembly.state.ny.us
Phone: (518) 455-4881
Fax: (518) 455-4128

box I plan to attend the following public hearing on Limited English Proficient/English Language Learner (LEP/ELL) Student Assessment Policy in New York State under the Federal No Child Left Behind Act to be conducted by the Assembly Committee on Education on October 26, 2006.

box I plan to make a public statement at the hearing. My statement will be limited to 10 minutes, and I will answer any questions which may arise. I will provide 10 copies of my prepared statement.


I will address my remarks to the following subjects:

box I do not plan to attend the above hearing.

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