New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-3 - IDENTIFICATION AND EXIT PROCEDURES FOR STUDENTS WITH DISABILITIES FOR ENGLISH LANGUAGE LEARNER PROGRAMS OPERATED IN THE 2015-2016 SCHOOL YEAR AND THEREAFTER › Section 154-3.3 - Determination of whether a student with a disability shall take the statewide English language proficiency identification assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For students with disabilities who are
					 subject to the initial and reentry identification process and determination of
					 English language proficiency pursuant to section
					 154-2.3(a) 
					 of this Part, following the administration of steps 1 and 2 and prior to the
					 administration of step 4 pursuant to section
					 154-2.3(a) 
					 of this Part, the following provisions shall apply:
(1) For a student identified as having a
					 disability, a Language Proficiency Team (LPT), as defined in section
					 154-3.2  of this
					 Subpart, shall make a recommendation as to whether there is evidence that the
					 student may have second language acquisition needs.
(2) In making this recommendation, the LPT
					 shall, in accordance with guidance prescribed by the commissioner, consider
					 evidence of the student's English language development, including, but not
					 limited to:
(i) the results of steps 1 and 2
					 in section
					 154-2.3(a)(1) and
					 (2)  of this Part;
(ii) in the student's history of language use
					 in school and home or community;
(iii) the individual evaluation of the
					 student conducted in accordance with the procedures in Part 200.4(b)(6) of this
					 Title, which shall include assessments administered in the student's home
					 language; and
(iv) information
					 provided by the Committee on Special Education (CSE) as to whether the
					 student's disability is the determinant factor affecting whether the student
					 can demonstrate proficiency in English.
(3) Based on the evidence reviewed in
					 paragraph (2) of this subdivision, the LPT must make a recommendation as to
					 whether student may have second language acquisition needs or whether the
					 student's disability is the determinant factor affecting whether the student
					 could demonstrate proficiency in English during step 2 in section
					 154-2.3(a)(2) 
					 of this Part.
(4) If the LPT
					 recommends that the student does not have second language acquisition needs and
					 therefore should not take the English language proficiency identification
					 assessment to identify the student as an English language learner, such
					 recommendation shall be referred to the school principal for review.
(5) If, upon review, the school principal
					 agrees with the recommendation of the LPT that the student is not an English
					 Language Learner and will not take the English language proficiency
					 identification assessment, the school principal shall inform the parent or
					 person in parental relation of this recommendation, in the language or mode of
					 communication the parent or person in parental relation best
					 understands.
(6) Upon receipt of a
					 recommendation by the school principal, the Superintendent or his or her
					 designee shall review the school principal's recommendation and make a final
					 determination to accept or reject the school principal's recommendation within
					 ten (10) days of receiving the school principal's recommendation. If the
					 Superintendent determines that the student is not an English Language Learner,
					 notice of such determination shall be provided to the parent or person in
					 parental relation in the language or mode of communication the parent or person
					 in parental relation best understands within five days of such final
					 determination.
(7) If the LPT
					 determines that the student with a disability may have second language
					 acquisition needs, the student shall take the initial English language
					 proficiency identification assessment. The CSE shall determine, in accordance
					 with the individualized education program (lEP) developed for such student
					 pursuant to Part 200 of this Title, whether the student shall take the
					 assessment with or without testing accommodations or an alternate assessment as
					 may be prescribed by the commissioner.