NY State Senate Bill 2013-S923

Senate Bill S923

2013-2014 Legislative Session

Establishes the education equity act which provides language assistance to parents/guardians who have children enrolled in public school and who do not speak English

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to education
Jan 09, 2013	referred to education

co-Sponsors

2013-S923 (ACTIVE) - Details

See Assembly Version of this Bill:: A1975
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 66 §§3300 - 3309, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1326, A7390
2011-2012: S2718, A5963
2015-2016: S711, A2682
2017-2018: S3206, A1317
2019-2020: S2939, A2179
2021-2022: S1429, A407
2023-2024: S1516, A456

2013-S923 (ACTIVE) - Summary

Establishes the "education equity act" which provides language assistance to parents or guardians who have children enrolled in public school and whose primary language is not English; defines terms; creates an annual language assistance plan to assess language needs in the district; requires the department of education to establish web pages detailing the rights of parents to translation services in each covered language

2013-S923 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S923

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the education
equity act

PURPOSE:
The purpose of the bill is to encourage parental involvement and
participation by providing appropriate translation services to
non-English speaking parents with children enrolled in New York state
schools.

SUMMARY OF PROVISIONS:
Section 1 titles the act the "Education Equity Act."

Section 2 adds a new article 66 to the education law to require school
districts to create an annual language assistance plan to assess
language needs within the district. Districts are required to
determine the primary language of the parents of enrolled students,
and provide interpretation services for two languages spoken by more
than two percent of the population of the school district, or, for
eight languages in a community district of the City of New York.
Additionally, school districts are required to provide translations
of certain documents sent to parents in regards to a child's
education, including report cards and permission slips and all

documents pertaining to a student's health, safety, placement, or
discipline, and any document prepared for broad distribution, or to
provide translated cover sheets detailing where and how to get a free
translation. School districts shall also provide a notice to parents
and guardians of their rights to translation services. Allows an
employee to certify a document affirming that translation services
have been provided, and that the employee believes each person
understood the document. Also requires the Department of Education to
establish web pages detailing the rights of parents t
o translation services in each covered language. Requires school
districts to report on the utilization of translation services to
local school boards annually.

Section 3 provides that if one portion of the law is declared
unconstitutional or invalid, the remaining portion shall be
unaffected.

Section 4 provides an effective date of 180 days after
having become law.

EXISTING LAW:
Under current law, school districts and the Department of Education
provide basic language assistance to parents and guardians, but is not
required to provide translation services for most documents such as
report cards and school notices.

JUSTIFICATION:
Parental involvement in education is one of the most important factors
of a child's success in school. However, with more than 200 languages
spoken in New York state, many parents are prevented from
meaningfully participating in their children's education by their


inability to speak English. In New York City, for example, more than
43% of students' families speak a language other than English at
home. For those who speak limited English, the availability of
translation and interpretation services is limited, and usually
confined to legal documents and notices. Therefore, it is necessary
to increase access to free and accessible translation services to
parents who do not speak English in schools. This legislation would
require school districts to provide basic translation services in two
languages spoken by 2% or more of the population of the district.

LEGISLATIVE HISTORY:
2005-2006: S.8234 Serrano - Referred to Rules
2007-2008: S.3131 Serrano - Referred to Education
2009-2010: Senate & Assembly Referred to Education
2011-2012: S.2718A

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This local law shall take effect on the one hundred eightieth day
after it shall have become law.

2013-S923 (ACTIVE) - Bill Text download pdf

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

                                   923

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. SERRANO, SAVINO -- 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  establishing  the
  education equity act

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

  Section 1. This act shall be known and may be cited as the  "education
equity act".
  S  2.  The education law is amended by adding a new article 66 to read
as follows:
                               ARTICLE 66
                          EDUCATION EQUITY ACT
SECTION 3300. DEFINITIONS.
        3301. SCHOOL-BASED LANGUAGE ASSISTANCE PLANS.
        3302. DETERMINATION OF PRIMARY LANGUAGE.
        3303. INTERPRETATION SERVICES REQUIRED.
        3304. TRANSLATION SERVICES REQUIRED.
        3305. NOTICE TO PARENTS AND GUARDIANS.
        3306. CERTIFICATION OF TRANSLATION.
        3307. DEPARTMENT OF EDUCATION WEBSITE.
        3308. REPORTING.
        3309. GENERAL PROVISIONS.
  S 3300. DEFINITIONS. WHEREVER USED  IN  THIS  ARTICLE,  THE  FOLLOWING
TERMS  SHALL HAVE THE RESPECTIVE MEANINGS HEREINAFTER SET FORTH OR INDI-
CATED:
  1. COVERED LANGUAGES. THE TERM "COVERED LANGUAGES" MEANS  TWO  OF  THE
MOST  COMMONLY  SPOKEN LANGUAGES, OTHER THAN ENGLISH, BEING SPOKEN BY AT
LEAST TWO PERCENT, ROUNDED TO THE NEAREST PERCENTILE, OF THE  POPULATION
IN  A SCHOOL DISTRICT WITHIN A CITY, VILLAGE OR TOWN HAVING A POPULATION
OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS,  TWO  OF  THE

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

                                                           LBD00547-01-3

S. 923                              2

MOST  COMMONLY  SPOKEN LANGUAGES, OTHER THAN ENGLISH, BEING SPOKEN BY AT
LEAST TWO PERCENT, ROUNDED TO THE NEAREST PERCENTILE, OF THE  POPULATION
IN  A  SCHOOL  DISTRICT WITHIN A CITY HAVING A POPULATION OF ONE HUNDRED
TWENTY-FIVE  THOUSAND  INHABITANTS  OR  MORE, EIGHT OF THE MOST COMMONLY
SPOKEN LANGUAGES, OTHER  THAN  ENGLISH,  BEING  SPOKEN  IN  A  COMMUNITY
DISTRICT,  AS  DEFINED  IN ARTICLE FIFTY-TWO-A OF THIS CHAPTER, WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS. SUCH INFOR-
MATION SHALL BE REPORTED BY  A  SOURCE  DEEMED  RELIABLE  BY  THE  LOCAL
DEPARTMENT  OF  EDUCATION,  EXCEPT THAT IN A CITY HAVING A POPULATION OF
ONE MILLION OR MORE INHABITANTS, SUCH INFORMATION SHALL BE DEEMED  RELI-
ABLE BY THE NEW YORK CITY DEPARTMENT OF CITY PLANNING OR SUCH OTHER CITY
AGENCY  AS  THE  NEW  YORK CITY DEPARTMENT OF EDUCATION DEEMS A RELIABLE
SOURCE OF SUCH INFORMATION.
  2. PRIMARY LANGUAGE. THE TERM "PRIMARY  LANGUAGE"  MEANS  THE  PRIMARY
LANGUAGE SPOKEN BY A STUDENT'S PARENTS OR GUARDIANS, AS EXPRESSED TO THE
DEPARTMENT BY SUCH PARENTS OR GUARDIANS.
  3.  SCHOOL  DISTRICT.    THE  TERM "SCHOOL DISTRICT" MEANS EACH SCHOOL
DISTRICT WITHIN THE STATE OF NEW YORK  INCLUDING  THOSE  WITHIN  A  CITY
HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABIT-
ANTS  AND  EACH  COMMUNITY  DISTRICT OF THE CITY DISTRICT, AS DEFINED IN
ARTICLE FIFTY-TWO-A OF THIS CHAPTER.  SCHOOL DISTRICT FURTHER MEANS  THE
OFFICE  OR  AGENCY  DESIGNATED  BY THE SCHOOL DISTRICT TO ADMINISTER THE
PROGRAM SET FORTH IN THIS ARTICLE.
  4. SCHOOL. THE TERM "SCHOOL" MEANS ANY PUBLIC SCHOOL WITHIN THE JURIS-
DICTION OF ANY SCHOOL DISTRICT AS DEFINED IN SUBDIVISION THREE  OF  THIS
SECTION.
  5.  TRANSLATION. THE TERM "TRANSLATION" MEANS THE ACT OF COMMUNICATION
BETWEEN SPEAKERS OF TWO OR MORE COVERED LANGUAGES  WHEREIN  THE  WRITTEN
WORDS OF ONE PERSON ARE COMMUNICATED TO OTHERS IN WRITING IN A DIFFERENT
LANGUAGE.
  S  3301.  SCHOOL-BASED LANGUAGE ASSISTANCE PLANS. EACH SCHOOL DISTRICT
SHALL ANNUALLY PREPARE A LANGUAGE ASSISTANCE PLAN WHICH  SHALL  CONTAIN,
AT  A  MINIMUM,  AN  ASSESSMENT  OF THE LANGUAGE ASSISTANCE NEEDS OF THE
SCHOOL DISTRICT, THE ABILITY OF THE  SCHOOL  DISTRICT  TO  FULFILL  SUCH
NEEDS AND THE RESOURCES REQUIRED FOR THE SCHOOL DISTRICT TO FULFILL SUCH
NEEDS.  EACH  SCHOOL  DISTRICT  SHALL  COLLECT  AND REVIEW SUCH LANGUAGE
ASSISTANCE PLANS AT A DATE SUFFICIENTLY EARLY IN EACH FISCAL YEAR TO  BE
ABLE  TO CONSIDER THE CONTENTS OF SUCH PLANS IN FORMULATING SCHOOL-BASED
BUDGETS FOR THE COMING FISCAL YEAR.
  S 3302. DETERMINATION OF PRIMARY LANGUAGE. EACH SCHOOL DISTRICT  SHALL
DETERMINE,  UPON  ENROLLMENT  OR  WITHIN  THIRTY DAYS OF ENROLLMENT, THE
PRIMARY LANGUAGE SPOKEN BY THE PARENTS  OR  GUARDIANS  OF  EACH  STUDENT
ENROLLED  IN  A  PUBLIC SCHOOL WITHIN SUCH DISTRICT AND WHETHER, IF SUCH
LANGUAGE IS NOT ENGLISH,  SUCH  PARENT  OR  GUARDIAN  REQUIRES  LANGUAGE
ASSISTANCE  SERVICES IN ORDER TO COMMUNICATE EFFECTIVELY WITH THE SCHOOL
DISTRICT.
  S 3303. INTERPRETATION SERVICES  REQUIRED.  1.  EACH  SCHOOL  DISTRICT
SHALL  ENSURE  THAT DURING REGULAR BUSINESS HOURS A SUFFICIENT NUMBER OF
INDIVIDUALS  ARE  AVAILABLE  BY  TELEPHONE  TO  PROVIDE   INTERPRETATION
SERVICES  IN EACH OF THE COVERED LANGUAGES TO MEET THE EXPECTED NEEDS OF
PARENTS OR GUARDIANS WHO SEEK TO COMMUNICATE WITH THEIR CHILD'S  SCHOOL.
WHERE  RESOURCES  ALLOW,  SUCH  SERVICES SHALL ALSO BE AVAILABLE THROUGH
STAFF MEMBERS WHO SHALL BE PRESENT AT SCHOOLS, REGIONAL OR OTHER DEPART-
MENTAL OFFICES, AND OTHER LOCATIONS  WHERE  PARENTS  AND  GUARDIANS  MAY
INTERACT WITH THE SCHOOL DISTRICT, BUT MAY BE PROVIDED AT SUCH LOCATIONS

S. 923                              3

BY  TELEPHONE IN THE EVENT THAT A PERSON FLUENT IN THE NECESSARY COVERED
LANGUAGE IS NOT AVAILABLE AT SUCH LOCATION.
  2.  FOR CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
THE DEPARTMENT SHALL PROVIDE INTERPRETATION SERVICES AT MEETINGS OF  THE
PANEL  FOR  EDUCATIONAL  POLICY  EVENTS  AT  WHICH  FOUR HUNDRED OR MORE
PERSONS ARE EXPECTED TO ATTEND AND  MEETINGS  OR  EVENTS  AT  WHICH  THE
DEPARTMENT  REASONABLY  BELIEVES THAT TEN PERCENT OR MORE OF THE PERSONS
EXPECTED TO ATTEND SPEAK PRIMARY LANGUAGES THAT  ARE  COVERED  LANGUAGES
OTHER  THAN  ENGLISH.  SUCH INTERPRETATION SERVICES SHALL BE PROVIDED IN
WHICHEVER OF THE COVERED LANGUAGES THE DEPARTMENT EXPECTS WILL BE SPOKEN
AS THE PRIMARY LANGUAGE OF THE PERSONS ATTENDING SUCH MEETING OR EVENT.
  S 3304. TRANSLATION SERVICES REQUIRED. 1. EACH SCHOOL  DISTRICT  SHALL
TRANSLATE THE FOLLOWING DOCUMENTS INTO EACH OF THE COVERED LANGUAGES AND
DISSEMINATE  SUCH  DOCUMENTS  TO EACH PUBLIC SCHOOL WITHIN SUCH DISTRICT
FOR DISSEMINATION TO PARENTS AND GUARDIANS IN WHICHEVER OF  THE  COVERED
LANGUAGES,  IF  ANY,  IS  THEIR  PRIMARY LANGUAGE, AS DETERMINED BY SUCH
DISTRICT PURSUANT TO SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE:
  A. THE STANDARDIZED TEXT ON REPORT CARDS AND PERMISSION SLIPS; AND
  B. DOCUMENTS DISSEMINATED TO ONE THOUSAND OR MORE PARENTS OR GUARDIANS
THAT REQUIRE A PARENT OR GUARDIAN TO RESPOND TO THE DEPARTMENT, OR  THAT
REQUIRE  A  PARENT  OR  GUARDIAN TO TAKE AN ACTION IN ORDER TO OBTAIN OR
PRESERVE A RIGHT OR BENEFIT WITH RESPECT TO THEIR CHILD'S EDUCATION,  OR
THAT  PROVIDE  NOTIFICATION  OF  AN  UPCOMING  EVENT THAT CONCERNS THEIR
CHILD'S EDUCATION.
  2. WITH RESPECT TO ANY DOCUMENT THAT THE SCHOOL DISTRICT PRODUCES  FOR
DISTRIBUTION  TO  ALL  OR  SUBSTANTIALLY  ALL  PARENTS  AND GUARDIANS OF
STUDENTS IN SUCH SCHOOL DISTRICT AND THAT IT DOES NOT DISTRIBUTE TO  ALL
PARENTS  OR GUARDIANS IN THE PRIMARY LANGUAGE OF SUCH PARENTS OR GUARDI-
ANS,  AS  DETERMINED  BY  THE  SCHOOL  DISTRICT  PURSUANT   TO   SECTION
THIRTY-THREE  HUNDRED  TWO  OF THIS ARTICLE, AND WHICH DOCUMENT CONCERNS
DISCIPLINE OR STUDENTS' HEALTH, SAFETY, RIGHT TO ATTEND  SCHOOL  OR  ANY
OTHER  LEGAL RIGHT GRANTED TO STUDENTS OR TO THE PARENTS OR GUARDIANS BY
LOCAL, CITY, STATE OR FEDERAL LAW, THE  SCHOOL  DISTRICT  SHALL  PROVIDE
EITHER A COVER LETTER OR A STATEMENT ON THE FACE OF SUCH DOCUMENT, INDI-
CATING  IN  EACH  COVERED  LANGUAGE  HOW TO OBTAIN A FREE TRANSLATION OR
INTERPRETATION OF SUCH DOCUMENT FROM THE SCHOOL DISTRICT.
  3. WITH RESPECT TO ANY DOCUMENT NOT PREPARED  FOR  BROAD  DISTRIBUTION
THAT CONCERNS AN INDIVIDUAL STUDENT'S HEALTH, SAFETY, LEGAL OR DISCIPLI-
NARY MATTER, RIGHT TO CONTINUE TO RECEIVE PUBLIC EDUCATION  OR PLACEMENT
IN  ANY  SPECIAL  EDUCATION,  ENGLISH  LANGUAGE  LEARNER OR NON-STANDARD
ACADEMIC PROGRAM THE SCHOOL DISTRICT SHALL, IF NOT REQUIRED TO DO OTHER-
WISE BY STATE OR FEDERAL LAW, RULE OR REGULATION, PROVIDE SUCH STUDENT'S
PARENTS OR GUARDIANS WHOSE PRIMARY LANGUAGE IS A COVERED LANGUAGE  OTHER
THAN  ENGLISH  WITH  A TRANSLATION OF SUCH DOCUMENT INTO THE APPROPRIATE
COVERED LANGUAGE, OR SHALL PROVIDE EITHER A COVER LETTER OR A  STATEMENT
ON  THE  FACE  OF  THE  DOCUMENT,  INDICATING IN THE APPROPRIATE COVERED
LANGUAGE HOW TO OBTAIN A FREE  TRANSLATION  OR  INTERPRETATION  OF  SUCH
DOCUMENT FROM THE SCHOOL DISTRICT.
  4.  EACH SCHOOL DISTRICT SHALL PROVIDE A MECHANISM BY WHICH ITS PUBLIC
SCHOOL EMPLOYEES CAN FAX DOCUMENTS OF A REASONABLE LENGTH TO A PERSON OR
SERVICE AND RECEIVE BACK A TRANSLATION OF SUCH DOCUMENTS  IN  ACCORDANCE
WITH  THE  SENDER'S  INSTRUCTIONS. SUCH MECHANISM SHALL BE DESIGNED SUCH
THAT, UNDER ORDINARY CIRCUMSTANCES, A PRINCIPAL OR TEACHER CAN OBTAIN  A
TRANSLATION  OF A SINGLE-PAGE NOTE OR LETTER WITHIN TWENTY-FOUR HOURS OR
BY THE CONCLUSION OF THE NEXT BUSINESS DAY, WHICHEVER IS LATER.

S. 923                              4

  S 3305. NOTICE TO PARENTS AND GUARDIANS. 1. EACH SCHOOL DISTRICT SHALL
PREPARE IN EACH OF THE  COVERED  LANGUAGES  A  SHORT,  CONCISE  DOCUMENT
SETTING FORTH THE RIGHTS OF PARENTS AND GUARDIANS WITH RESPECT TO TRANS-
LATION  AND  INTERPRETATION  SERVICES AS REQUIRED BY THIS ARTICLE AND BY
ANY  OTHER  APPLICABLE  LAW,  RULE  OR REGULATION, AND EXPLAINING HOW TO
OBTAIN SUCH SERVICES. SUCH DOCUMENT SHALL BE PROVIDED, IN THE  APPROPRI-
ATE  COVERED LANGUAGE, IF ANY, TO EACH PARENT OR GUARDIAN WHO, AS DETER-
MINED BY THE LOCAL SCHOOL  DISTRICT  PURSUANT  TO  SECTION  THIRTY-THREE
HUNDRED  TWO  OF  THIS  ARTICLE,  REQUIRES LANGUAGE ASSISTANCE SERVICES.
COPIES OF SUCH DOCUMENT IN EACH COVERED LANGUAGE SHALL BE PLACED IN EACH
PUBLIC SCHOOL OR OFFICE TO WHICH THE PUBLIC  HAS  ACCESS  IN  SUFFICIENT
QUANTITY  THAT IT CAN BE PROVIDED TO ANY MEMBER OF THE PUBLIC WHO ENTERS
SUCH SCHOOL OR OFFICE AND REQUIRES LANGUAGE ASSISTANCE SERVICES.
  2. A SIGN WRITTEN IN EACH OF THE COVERED LANGUAGES SHALL BE  DISPLAYED
IN  A CONSPICUOUS LOCATION IN EACH PUBLIC SCHOOL, SCHOOL DISTRICT OFFICE
OR OTHER DEPARTMENTAL OFFICE BUILDING TO WHICH THE  PUBLIC  HAS  ACCESS,
INDICATING  THE  AVAILABILITY AND LOCATION IN SUCH SCHOOL OR BUILDING OF
THE DOCUMENT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  3. IN THE EVENT THAT THE SCHOOL DISTRICT DETERMINES THAT  TEN  PERCENT
OR  MORE OF THE PARENTS OR GUARDIANS OF THE STUDENTS ATTENDING ANY INDI-
VIDUAL SCHOOL SPEAK A PRIMARY LANGUAGE THAT IS NOT A  COVERED  LANGUAGE,
THEN  AT  SUCH INDIVIDUAL SCHOOL, THE DOCUMENT AND SIGN REQUIRED BY THIS
SECTION SHALL BE PREPARED AND MADE AVAILABLE  AT  SUCH  SCHOOL  IN  SUCH
OTHER LANGUAGE IN ADDITION TO THE COVERED LANGUAGES.
  S  3306.  CERTIFICATION  OF  TRANSLATION.  IN  THE  SCHOOL  DISTRICT'S
DISCRETION, IT MAY SATISFY THE TRANSLATION REQUIREMENTS OF THIS  ARTICLE
WITH  RESPECT TO ANY DOCUMENT CONCERNING A STUDENT'S EDUCATION THAT MUST
BE COMPLETED WITH INFORMATION PROVIDED BY A  PARENT  OR  GUARDIAN  WHOSE
PRIMARY  LANGUAGE,  AS  DETERMINED  BY  THE  SCHOOL DISTRICT PURSUANT TO
SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, IS NOT THE LANGUAGE IN
WHICH THE DOCUMENT IS PRINTED, IF SUCH DOCUMENT IS COMPLETED BY EITHER A
PARENT OR GUARDIAN OR BY A SCHOOL DISTRICT EMPLOYEE, AND SIGNED  BY  THE
PARENT  OR  GUARDIAN, PROVIDED THAT SUCH SCHOOL DISTRICT EMPLOYEE CERTI-
FIES ON THE FACE OF SUCH DOCUMENT OR UPON AN ATTACHED DOCUMENT, IN  SUCH
FORM AND MANNER AS DETERMINED BY THE SCHOOL DISTRICT, THAT SUCH EMPLOYEE
PROVIDED  OR  SECURED  INTERPRETATION  OR  TRANSLATION SERVICES FOR EACH
PARENT OR GUARDIAN SIGNING THE DOCUMENT, THE EMPLOYEE BELIEVES THAT EACH
SUCH PERSON UNDERSTOOD THE PURPOSE OF THE DOCUMENT AND  THE  INFORMATION
BEING  PROVIDED  IN  THE  DOCUMENT AND CONVEYED IN THE INTERPRETATION OR
TRANSLATION AND EACH SUCH PERSON RECEIVED A COPY OF  SUCH  DOCUMENT  AND
SUCH CERTIFICATION.
  S 3307. DEPARTMENT OF EDUCATION WEBSITE. THE DEPARTMENT SHALL CREATE A
SPECIAL  WEBSITE  WHICH SHALL CONTAIN, ON ITS HOMEPAGE AND ON SUCH OTHER
WEB PAGES AS THE DEPARTMENT SHALL DETERMINE IS APPROPRIATE,  INFORMATION
IN  EACH  OF  THE  COVERED LANGUAGES SUFFICIENT TO DIRECT ANY USER WHOSE
PRIMARY LANGUAGE IS A COVERED LANGUAGE OTHER THAN ENGLISH TO A  RESOURCE
ON  THE  DEPARTMENT'S WEBSITE THAT CONTAINS AN EXPLANATION OF THE RIGHTS
OF PARENTS AND GUARDIANS TO TRANSLATION AND INTERPRETATION  SERVICES  AS
REQUIRED  BY THIS ARTICLE AND BY ANY OTHER APPLICABLE LAW, RULE OR REGU-
LATION, AND EXPLAINING HOW TO OBTAIN SUCH SERVICES.
  S 3308. REPORTING. 1. EXCEPT AS PROVIDED IN SUBDIVISION  TWO  OF  THIS
SECTION,  EACH  SCHOOL DISTRICT SHALL REPORT ANNUALLY TO THE LOCAL BOARD
OF EDUCATION ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGIN-
NING IN DECEMBER, TWO THOUSAND FOURTEEN, THE NUMBER OF PARENTS OR GUARD-
IANS WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMMEDIATELY
PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED PURSUANT  TO

S. 923                              5

SECTION  THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT ENGLISH, AND,
FOR EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF SUCH PARENTS
AND GUARDIANS SPEAKING SUCH LANGUAGE.
  2.  IN  CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
EACH COMMUNITY DISTRICT SHALL REPORT TO THE CITY COUNCIL OF THE CITY  OF
NEW  YORK ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGINNING
IN DECEMBER, TWO THOUSAND FOURTEEN, THE NUMBER OF PARENTS  OR  GUARDIANS
WHO  HAD  CHILDREN  IN THE NEW YORK CITY PUBLIC SCHOOL SYSTEM DURING THE
IMMEDIATELY PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS  DETERMINED
PURSUANT  TO  SECTION  THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT
ENGLISH, AND, OF EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF
SUCH PARENTS AND GUARDIANS SPEAKING SUCH LANGUAGE.
  3. SUCH REPORT SHALL ALSO STATE, WITH RESPECT TO SUCH REPORTING  PERI-
OD:
  A.  NUMBER  OF  DISTINCT DOCUMENTS THAT THE SCHOOL DISTRICT TRANSLATED
INTO THE COVERED LANGUAGES AND THE GENERAL NATURE OF SUCH DOCUMENTS;
  B. NUMBER OF MEETINGS AT WHICH THE SCHOOL DISTRICT PROVIDED  INTERPRE-
TATION SERVICES AND THE LANGUAGES FOR WHICH IT PROVIDED SUCH SERVICES;
  C. ANNUAL BUDGET FOR LANGUAGE ASSISTANCE SERVICES;
  D.  NUMBER  OF EMPLOYEES WHOSE PRIMARY JOB FUNCTION IS TO PROVIDE SUCH
LANGUAGE ASSISTANCE SERVICES; AND
  E. NUMBER OF TIMES INTERPRETATION SERVICES WERE PROVIDED BY TELEPHONE,
AND THE LANGUAGES IN WHICH SUCH SERVICES WERE PROVIDED.
  S 3309. GENERAL PROVISIONS. NOTHING IN THIS ARTICLE SHALL:
  1. PRECLUDE A PARENT OR GUARDIAN FROM HAVING  AN  ADULT  VOLUNTEER,  A
RELATIVE  SIXTEEN  YEARS OF AGE OR OLDER, A SPOUSE OR A DOMESTIC PARTNER
PROVIDE TRANSLATION OR INTERPRETATION SERVICES FOR SUCH INDIVIDUAL.
  2. BE CONSTRUED AS PREVENTING THE SCHOOL DISTRICT FROM COMPLYING  WITH
ANY  PROVISION  OF STATE OR FEDERAL LAW CONCERNING TRANSLATION OR INTER-
PRETATION.
  3. BE CONSTRUED AS PROHIBITING THE SCHOOL DISTRICT FROM EXCEEDING  THE
MANDATES OF THIS ARTICLE, FROM RELYING UPON THE RESOURCES OF OTHER CITY,
STATE  OR  FEDERAL  AGENCIES,  OR  FROM  TRANSLATING  DOCUMENTS INTO, OR
PROVIDING INTERPRETATION SERVICES IN, LANGUAGES OTHER THAN  THE  COVERED
LANGUAGES.
  4.  BE  CONSTRUED  AS  PROHIBITING  THE SCHOOL DISTRICT FROM UTILIZING
BOCES AS A DESIGNATED AGENCY TO ADMINISTER THE PROGRAM SET FORTH IN THIS
ARTICLE OR AS A SOURCE OF FINANCIAL AID FOR SUCH PROGRAM.
  5. REQUIRE THE SCHOOL  DISTRICT  TO  TRANSLATE  DOCUMENTS  OR  PROVIDE
INTERPRETATION FOR MATTERS THAT DO NOT CONCERN A STUDENT'S EDUCATION, OR
THAT ARE PROLIX OR ARE UNINTELLIGIBLE.
  6.  REQUIRE  THE SCHOOL DISTRICT TO TRANSLATE OR INTERPRET LEGAL DOCU-
MENTS NOT OTHERWISE REQUIRED TO BE TRANSLATED BY THIS  CHAPTER,  INCLUD-
ING,  BUT  NOT  LIMITED TO, LEGAL DOCUMENTS GENERATED BY OR FOR USE IN A
PROCEEDING NOT HELD BY THE  SCHOOL  DISTRICT,  EXCEPT  TO  PROVIDE  UPON
REQUEST  A  GENERAL  EXPLANATION OF THE NATURE OF SUCH DOCUMENTS IF SUCH
DOCUMENTS CONCERN THE PUBLIC EDUCATION OF  THE  PARENT'S  OR  GUARDIAN'S
CHILD.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such

S. 923                              6

invalid provisions had not been included herein  provided  it  does  not
materially alter the effect of this legislation.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S923

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Sponsored By

Jose M. Serrano