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 154-3.4 - Exit Criteria for Students with Disabilities

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Each school district will annually determine if a student with a disability who has been identified as an English Language Learner pursuant to section 154-3.3 of this Subpart will continue to be identified as an English Language Learner.

(b) Following the initial identification of a student with a disability as an English Language Learner, the CSE shall annually make an individual determination as to which of the following methods of assessment shall be used to determine if such student will continue to be identified as an English Language Learner:

(1) the annual English language proficiency assessment without the use of testing accommodations; or

(2) the annual English language proficiency assessment with appropriate testing accommodations to be provided in accordance with the individualized education program (lEP) developed for such student pursuant to Part 200 of this Title; or

(3) an alternate assessment as may be prescribed by the commissioner.

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