Well they could be E or they could be E^R and possibly (but not likely) even e^b. I don\'t think there is any requirement that they be one or the other as long as they meet the color standard. I don\'t know of any advantage or disadvantage of being E or E^R in most matings, either would work. Someone else may know why one would be preferred over the other.
That said, I think you can tell by the down color of the baby chicks. At least my modern game chicks (Proven to be E^R) are usually solid black when hatched. The black ameraucana chicks usually have a white belly. I don\'t know for sure that these have E genes, but they sure look different than my moderns.
Curtis