NY State Senate Bill 2023-S5228A

Senate Bill S5228A

2023-2024 Legislative Session

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

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 07, 2024	print number 5228a
Oct 07, 2024	amend and recommit to education
Jan 03, 2024	referred to education
Feb 27, 2023	referred to education

Bill Amendments

Original

A (Active)

2023-S5228 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4564
2011-2012: S1156
2013-2014: S2630
2015-2016: S1064
2017-2018: S2859
2019-2020: S4872
2021-2022: S4968

2023-S5228 - 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.

2023-S5228 - Sponsor Memo

                                 
BILL NUMBER: S5228

SPONSOR: PARKER
 
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 parents who cannot speak English proficiently have adequate
access to education related documents and procedures.

 
SUMMARY OF PROVISIONS:

Section 1: Section 305 of the education law is amended by adding a new
subdivision 60.

Section 2: 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 are authorized to be
made and completed on or before such effective date.

 
JUSTIFICATION:

The bill is necessary to better serve those parents in the state of New
York who cannot speak or understand the English language, or have diffi-
culty doing so proficiently. Although a number of studies have shown
that parental involvement is important to a student's success in school,
parents with limited English proficiency cannot be involved in their
children's education. Many of such parents are immigrants who come to
this country seeking educational opportunity for their children. In
order to better facilitate communication between children and their
parents, and parents and their children's schools, it is imperative to
implement language assistance programs that will enable parents to fully
Participate in their children's education.

 
LEGISLATIVE HISTORY:

2021-22: S4968 - Referred to Education

2019-2020: S.4872 - REFERRED TO EDUCATION

2017-2018: S.2859 - REFERRED TO EDUCATION

2015-2016: S.1064A - Amend and Recommit to Education

2013-2014: S.2360A/A.1974A - Died in Education

2011-2012: S.1145A -Referred to Education

2009-2010: S.4564/A,474 - Referred to Education

2007-2008: A.4781 - Education

2006-2007: A.4781 - Education

 
FISCAL IMPACT ON TEE 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 are authorized to be made and
completed on or before such effective date.

2023-S5228 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5228
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 60 to read as follows:
   60.  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  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.
                                                            LBD01437-02-3

 S. 5228                             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, (I) SPOKEN AND USED TO COMMUNI-
 CATE, BY LIMITED ENGLISH PROFICIENT PARENTS AND (II) NON-ENGLISH  SPEAK-
 ING  RESIDENTS  OR  LIMITED  ENGLISH PROFICIENT PARENTS CONSTITUTES MORE
 THAN FIVE PERCENT OF THE RESIDENTS OF A SCHOOL DISTRICT,  AS  DETERMINED
 BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUSES.
   (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.
   § 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.

2023-S5228A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4564
2011-2012: S1156
2013-2014: S2630
2015-2016: S1064
2017-2018: S2859
2019-2020: S4872
2021-2022: S4968

2023-S5228A (ACTIVE) - Summary

2023-S5228A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5228A

SPONSOR: PARKER
 
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 parents who cannot speak English proficiently have adequate
access to education related documents and procedures.

 
SUMMARY OF PROVISIONS:

Section 1: Section 305 of the education law is amended by adding a new
subdivision 60.

Section 2: This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the a ddition,
amendment and/or repeal of any rule or regulation necessary for the

implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

 
JUSTIFICATION:

The bill is necessary to better serve those parents in the state of New
York who cannot speak or understand the English language, or have diffi-
culty doing so proficiently. Although a number of studies have shown
that parental involvement is important to a student's success in school,
parents with limited English proficiency cannot be involved in their
children's education. Many of such parents ar e immigrants who come to
this country seeking educational opportunity for their children. In
order to better facilitate communication between children and their
parents, and parents and their children's schools, it is imperative to
implement language assistance prog rams that will enable parents to
fully Participate in their children's education.

 
LEGISLATIVE HISTORY:

2021-22: S4968 - Referred to Education

2019-2020: S.4872 - REFERRED TO EDUCATION

2017-2018: S.2859 - REFERRED TO EDUCATION

2015-2016: S.1064A - Amend and Recommit to Education

2013-2014: S.2360A/A.1974A - Died in Education

2011-2012: S.1145A- Referred to Education

2009-2010: S.4564/A,474 - Referred to Education

2007-2008: A.4781 - Education

2006-2007: A.4781 - Education

 
FISCAL IMPACT ON TEE 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 are authorized to be made and
completed on or before such effective date.

2023-S5228A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5228--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  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 63 to read as follows:
   63.  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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01437-03-4
 S. 5228--A                          2

 
 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:
   (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, (I) SPOKEN AND USED  TO  COMMUNI-
 CATE,  BY LIMITED ENGLISH PROFICIENT PARENTS AND (II) NON-ENGLISH SPEAK-
 ING RESIDENTS OR LIMITED ENGLISH  PROFICIENT  PARENTS  CONSTITUTES  MORE
 THAN  FIVE  PERCENT OF THE RESIDENTS OF A SCHOOL DISTRICT, AS DETERMINED
 BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUSES.
   (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.
   § 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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