S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2939--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced by Sens. SERRANO, BAILEY, KAVANAGH, SANDERS, SAVINO, SEPULVE-
   DA -- read twice and ordered printed, and when printed to be committed
   to  the  Committee  on  Education  --  recommitted to the Committee on
   Education in accordance with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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".
   § 2. The education law is amended by adding a new article 67  to  read
 as follows:
                                ARTICLE 67
                           EDUCATION EQUITY ACT
 SECTION 3330. DEFINITIONS.
         3331. SCHOOL-BASED LANGUAGE ASSISTANCE PLANS.
         3332. DETERMINATION OF PRIMARY LANGUAGE.
         3333. INTERPRETATION SERVICES REQUIRED.
         3334. TRANSLATION SERVICES REQUIRED.
         3335. NOTICE TO PARENTS AND GUARDIANS.
         3336. CERTIFICATION OF TRANSLATION.
         3337. DEPARTMENT OF EDUCATION WEBSITE.
         3338. REPORTING.
         3339. GENERAL PROVISIONS.
   §  3330.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00986-02-0

 S. 2939--A                          2
 
 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
 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.
   § 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.
   §  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.
   §  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-

 S. 2939--A                          3
 
 MENTAL  OFFICES,  AND  OTHER  LOCATIONS  WHERE PARENTS AND GUARDIANS MAY
 INTERACT WITH THE SCHOOL DISTRICT, BUT MAY BE PROVIDED AT SUCH LOCATIONS
 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.
   § 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 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

 S. 2939--A                          4
 
 TRANSLATION OF A SINGLE-PAGE NOTE OR LETTER WITHIN TWENTY-FOUR HOURS  OR
 BY THE CONCLUSION OF THE NEXT BUSINESS DAY, WHICHEVER IS LATER.
   § 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.
   §  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.
   § 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.
   § 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-

 S. 2939--A                          5
 
 NING IN DECEMBER, TWO THOUSAND TWENTY-ONE,  THE  NUMBER  OF  PARENTS  OR
 GUARDIANS  WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMME-
 DIATELY 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 TWENTY-ONE, 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.
   § 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.
   § 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

 S. 2939--A                          6
 
 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
 invalid  provisions  had  not  been included herein provided it does not
 materially alter the effect of this legislation.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.