LBD04273-01-5
S. 711 2
OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, 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 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 3331. 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 3332. 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 3333. 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. 711 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 3334. 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 THIRTY-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 THIRTY-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 GUARD-
IANS BY LOCAL, CITY, STATE OR FEDERAL LAW, THE SCHOOL DISTRICT SHALL
PROVIDE EITHER A COVER LETTER OR A STATEMENT ON THE FACE OF SUCH DOCU-
MENT, INDICATING IN EACH COVERED LANGUAGE HOW TO OBTAIN A FREE TRANS-
LATION 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. 711 4
S 3335. 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 THIRTY-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 3336. 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 THIRTY-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 CERTIFIES 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 3337. 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 3338. 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 SIXTEEN, THE NUMBER OF PARENTS OR GUARDI-
ANS WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMMEDIATELY
S. 711 5
PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED PURSUANT TO
SECTION THIRTY-THREE HUNDRED THIRTY-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 SIXTEEN, 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 THIRTY-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 3339. 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
S. 711 6
the legislature that this act would have been enacted even if such
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.
