NY State Senate Bill 2021-S1429

Senate Bill S1429

2021-2022 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 05, 2022	referred to education
Jan 12, 2021	referred to education

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2021-S1429 (ACTIVE) - Details

See Assembly Version of this Bill:: A407
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 67 §§3330 - 3339, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1326, A7390
2011-2012: S2718, A5963
2013-2014: S923, A1975
2015-2016: S711, A2682
2017-2018: S3206, A1317
2019-2020: S2939, A2179
2023-2024: S1516, A456

2021-S1429 (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

2021-S1429 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1429

SPONSOR: SERRANO
 
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 partic-
ipation 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 67 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.  Addi-
tionally, 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 docu-
ment 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. This allows an employee to certify a
document affirming that translation services have been provided, and
that the employee believes each person understood the document. This
bill also requires the Department of Education to establish web pages
detailing the rights of parents to translation services in each covered
language. It also 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 unconsti-
tutional 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 interpreta-
tion 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:

2019-2020: S.2939A - Referred to Education

2017-2018: S.3206 - Referred to Elections

2015-2016: S.711 - Referred to Education

2013-2014: S.923- Referred to Education

2011-2012: S.2718A- Referred to Education

2009-2010: Senate & Assembly Referred to Education

2007-2008: S.3131 Serrano - Referred to Education

2005-2006: S.8234 Serrano - Referred to Rules

 
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,

2021-S1429 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1429
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 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
 
 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
 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.

                                                            LBD03243-01-1

 S. 1429                             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.
   §  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-
 MENTAL OFFICES, AND OTHER LOCATIONS  WHERE  PARENTS  AND  GUARDIANS  MAY
 INTERACT WITH THE SCHOOL DISTRICT, BUT MAY BE PROVIDED AT SUCH LOCATIONS

 S. 1429                             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.
   § 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
 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. 1429                             4
 
   § 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-
 NING IN DECEMBER, TWO THOUSAND TWENTY-TWO,  THE  NUMBER  OF  PARENTS  OR
 GUARDIANS  WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMME-

 S. 1429                             5
 
 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-TWO, 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
 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. 1429                             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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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