NY State Senate Bill 2017-S8634

Senate Bill S8634

2017-2018 Legislative Session

Requires school districts to establish a language assistance program for limited English proficient parents of students

download bill text pdf

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
May 10, 2018	referred to education

2017-S8634 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1697
2021-2022: S635
2023-2024: S463

2017-S8634 (ACTIVE) - Summary

Requires school districts to establish a language assistance program for limited English proficient parents of students; requires record keeping and annual reporting; permits districts to jointly establish such programs.

2017-S8634 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8634

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

To ensure that parents who cannot speak English proficiently have
adequate access to education related documents and procedures.

 
SUMMARY OF PROVISIONS:

Section I amends section 305 the education law by adding new section 44
to require all public school districts to establish a language assist-
ance program where a limited English proficient parents would have
effective access to communicate with school regarding their children's
education.

Section II sets forth the effective date.

 
JUSTIFICATION:

The bill is necessary to better serve those parents in the state of New
York who cannot understand the English language.  Many parents are immi-
grants who come to this country seeking educational opportunities for
their children. Studies have shown that parental involvement is impor-
tant to a student's success in school.  However, parents with limited
English proficiency cannot be involved in their children's education. In
order to better facilitate communication between children and their
parents, it is imperative to implement language assistance programs that
will enable parents to full participant in their children's education.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

2017-S8634 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8634
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 57 to read as follows:
   57. 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 ARE 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
 COMMISSIONER. SUCH RECORD AND REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00511-04-8

 S. 8634                             2
 
   (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, SPOKEN AND USED  TO  COMMUNICATE,
 BY LIMITED ENGLISH PROFICIENT PARENTS.
   (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.
   G. THIS SUBDIVISION SHALL ONLY APPLY TO SCHOOL  DISTRICTS  WHERE  NON-
 ENGLISH SPEAKING RESIDENTS OR LIMITED ENGLISH PROFICIENT PARENTS CONSTI-
 TUTE MORE THAN FIVE PERCENT OF THE RESIDENTS OF SUCH SCHOOL DISTRICT, AS
 DETERMINED BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUSES.
   § 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.

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