N.Y. Comp. Codes R. & Regs. tit. 8, § 154-3.4 – Exit criteria for students with disabilities.

(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. (1) the annual English language proficiency assessment without the use of testing accommodations; or
2. (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. (3) an alternate assessment as may be prescribed by the commissioner.