S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6742
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01437-01-3
              

 A. 6742                             2
 
 COMMISSIONER.  SUCH  RECORD AND REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (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.