S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   474

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH, GREENE -- read once and referred to the
  Committee on Education

AN  ACT  to  amend  the  education  law, in relation to requiring public
  school districts to provide language  assistance  to  limited  English
  proficient parents of students

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42. A. ALL SCHOOL DISTRICTS SHALL ESTABLISH    A  LANGUAGE  ASSISTANCE
PROGRAM  WHERE  LIMITED  ENGLISH PROFICIENT PARENTS WOULD HAVE EFFECTIVE
ACCESS TO COMMUNICATE WITH TEACHERS AND SCHOOL PERSONNEL.  THIS  COMPRE-
HENSIVE PROGRAM SHALL INCLUDE, BUT IS NOT LIMITED TO:
  (1) PROVIDING THAT ALL FREQUENTLY USED FORMS AND OTHER WRITTEN MATERI-
ALS  THAT  ARE  SENT HOME TO LIMITED ENGLISH PROFICIENT PARENTS IN THEIR
PRIMARY LANGUAGE;
  (2)  PROVIDING  LANGUAGE  ASSISTANCE  TO  LIMITED  ENGLISH  PROFICIENT
PARENTS  IN  THEIR  PRIMARY  LANGUAGE  WHO CALL OR COME INTO SCHOOL WITH
CONCERNS RELATED TO THEIR CHILD'S SCHOOLING;
  (3) PROVIDING LANGUAGE ASSISTANCE SERVICES TO LIMITED  ENGLISH  PROFI-
CIENT  PARENTS IN THEIR PRIMARY LANGUAGE TO FACILITATE PARENT ATTENDANCE
AT SCHOOL-SPONSORED PROGRAMS DESIGNED  FOR  COMMUNICATION  WITH  PARENTS
INCLUDING, BUT NOT LIMITED TO, PARENT-TEACHER CONFERENCES, WORKSHOPS AND
SCHOOL FAIRS.
  B.  A  NOTICE  OF THE AVAILABILITY OF THE LANGUAGE ASSISTANCE PROGRAMS
FOR LIMITED ENGLISH PROFICIENT PARENTS ESTABLISHED PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION SHALL BE MAILED  TO  THE  HOMES  OF  SUCH  LIMITED
ENGLISH  PROFICIENT  PARENTS  IN  A  NOTICE  WRITTEN  IN  THEIR  PRIMARY
LANGUAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01206-01-9
              

A. 474                              2

  C. EACH SCHOOL DISTRICT SHALL KEEP A RECORD DOCUMENTING  ITS  LANGUAGE
ASSISTANCE  PROGRAM  AND  SHALL  SUBMIT A SUMMARY REPORT ANNUALLY TO THE
COMMISSIONER. SUCH RECORD AND REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (1)  THE NUMBER OF LIMITED ENGLISH PROFICIENT PARENTS WHO RECEIVE SUCH
ASSISTANCE;
  (2) THE NUMBER OF LIMITED  ENGLISH  PROFICIENT  HOUSEHOLDS  WHERE  ONE
PARENT IS ENGLISH LANGUAGE PROFICIENT; AND
  (3)  THE  NUMBER  OF  COMPLAINTS  FILED  BY LIMITED ENGLISH PROFICIENT
PARENTS; AND
  (4) THE NUMBER OF BILINGUAL PERSONNEL USED TO ASSIST IN  THE  LANGUAGE
ASSISTANCE AND TRANSLATION SERVICES.
  D. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
INCLUDING  BUT NOT LIMITED TO, THE METHODOLOGY TO BE USED BY EACH SCHOOL
DISTRICT TO DETERMINE OR ASSESS THE PRIMARY  LANGUAGES,  THE  NUMBER  OF
LIMITED  ENGLISH  PROFICIENT  PARENTS, THE PERCENTAGE OF LIMITED ENGLISH
PROFICIENT PARENTS TO STUDENTS AND THE NATIVE LANGUAGE OF  SUCH  LIMITED
ENGLISH PROFICIENT PARENTS, AND A COMPLAINT PROCEDURE FOR ANY PARENT WHO
ALLEGES  A  SCHOOL'S NON-COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVI-
SION.
  E. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "PRIMARY LANGUAGE" MEANS ONE OF THE FIVE MOST COMMON LANGUAGES  IN
A  SCHOOL  DISTRICT, OTHER THAN ENGLISH, (I) SPOKEN AND USED TO COMMUNI-
CATE, BY LIMITED ENGLISH PROFICIENT PARENTS AND (II) NON-ENGLISH  SPEAK-
ING  RESIDENTS  OR  LIMITED  ENGLISH PROFICIENT PARENTS CONSTITUTES MORE
THAN FIVE PERCENT OF THE RESIDENTS OF A SCHOOL DISTRICT,  AS  DETERMINED
BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUS.
  (2)  "LIMITED ENGLISH PROFICIENT PARENTS" MEANS PARENTS OR PARENT OF A
MINOR CHILD WHO ATTENDS PUBLIC SCHOOL AND  SUCH  PARENTS  OR  PARENT  IS
UNABLE  TO  COMMUNICATE  EFFECTIVELY IN ENGLISH WITH TEACHERS AND SCHOOL
PERSONNEL AT THE SCHOOL ATTENDED BY HIS OR HER CHILD.
  F. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A SCHOOL  DISTRICT  FROM
ENTERING  INTO  A  COOPERATIVE  AGREEMENT WITH OTHER SCHOOL DISTRICTS TO
JOINTLY ESTABLISH SUCH A LANGUAGE ASSISTANCE PROGRAM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.