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

                                  4564

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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.
  C.  EACH  SCHOOL DISTRICT SHALL KEEP A RECORD DOCUMENTING ITS LANGUAGE
ASSISTANCE PROGRAM AND SHALL SUBMIT A SUMMARY  REPORT  ANNUALLY  TO  THE

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

S. 4564                             2

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.