Bill Text: NY A02179 | 2019-2020 | General Assembly | Amended


Bill Title: 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; requires annual reports by each school district to the local board of education.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-02-11 - print number 2179a [A02179 Detail]

Download: New_York-2019-A02179-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2179--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2019
                                       ___________

        Introduced  by  M. of A. ROZIC, BICHOTTE, COLTON, ORTIZ, SIMON -- Multi-
          Sponsored by -- M. of A. ABBATE, COOK -- read once and referred to the
          Committee on Education -- recommitted to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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:

     1    Section 1. This act shall be known and may be cited as the  "education
     2  equity act".
     3    §  2.  The education law is amended by adding a new article 67 to read
     4  as follows:
     5                                 ARTICLE 67
     6                            EDUCATION EQUITY ACT
     7  Section 3330. Definitions.
     8          3331. School-based language assistance plans.
     9          3332. Determination of primary language.
    10          3333. Interpretation services required.
    11          3334. Translation services required.
    12          3335. Notice to parents and guardians.
    13          3336. Certification of translation.
    14          3337. Department of education website.
    15          3338. Reporting.
    16          3339. General provisions.
    17    § 3330. Definitions. Wherever used  in  this  article,  the  following
    18  terms  shall have the respective meanings hereinafter set forth or indi-
    19  cated:
    20    1. Covered languages. The term "covered languages" means  two  of  the
    21  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.
                                                                   LBD00986-03-0

        A. 2179--A                          2

     1  least two percent, rounded to the nearest percentile, of the  population
     2  in  a school district within a city, village or town having a population
     3  of less than one hundred twenty-five thousand inhabitants,  two  of  the
     4  most  commonly  spoken languages, other than English, being spoken by at
     5  least two percent, rounded to the nearest percentile, of the  population
     6  in  a  school  district within a city having a population of one hundred
     7  twenty-five thousand inhabitants or more, eight  of  the  most  commonly
     8  spoken  languages,  other  than  English,  being  spoken  in a community
     9  district, as defined in article fifty-two-A of this  chapter,  within  a
    10  city having a population of one million or more inhabitants. Such infor-
    11  mation  shall  be  reported  by  a  source  deemed reliable by the local
    12  department of education, except that in a city having  a  population  of
    13  one  million or more inhabitants, such information shall be deemed reli-
    14  able by the New York city department of city planning or such other city
    15  agency as the New York city department of  education  deems  a  reliable
    16  source of such information.
    17    2.  Primary  language.  The  term "primary language" means the primary
    18  language spoken by a student's parents or guardians, as expressed to the
    19  department by such parents or guardians.
    20    3. School district.   The term "school  district"  means  each  school
    21  district  within  the  state  of  New York including those within a city
    22  having a population of one hundred twenty-five thousand or more inhabit-
    23  ants and each community district of the city  district,  as  defined  in
    24  article  fifty-two-A of this chapter.  School district further means the
    25  office or agency designated by the school  district  to  administer  the
    26  program set forth in this article.
    27    4. School. The term "school" means any public school within the juris-
    28  diction  of  any school district as defined in subdivision three of this
    29  section.
    30    5. Translation. The term "translation" means the act of  communication
    31  between  speakers  of  two or more covered languages wherein the written
    32  words of one person are communicated to others in writing in a different
    33  language.
    34    § 3331. School-based language assistance plans. Each  school  district
    35  shall  annually  prepare a language assistance plan which shall contain,
    36  at a minimum, an assessment of the  language  assistance  needs  of  the
    37  school  district,  the  ability  of  the school district to fulfill such
    38  needs and the resources required for the school district to fulfill such
    39  needs. Each school district  shall  collect  and  review  such  language
    40  assistance  plans at a date sufficiently early in each fiscal year to be
    41  able to consider the contents of such plans in formulating  school-based
    42  budgets for the coming fiscal year.
    43    §  3332. Determination of primary language. Each school district shall
    44  determine, upon enrollment or within  thirty  days  of  enrollment,  the
    45  primary  language  spoken  by  the  parents or guardians of each student
    46  enrolled in a public school within such district and  whether,  if  such
    47  language  is  not  English,  such  parent  or guardian requires language
    48  assistance services in order to communicate effectively with the  school
    49  district.
    50    §  3333.  Interpretation  services  required.  1. Each school district
    51  shall ensure that during regular business hours a sufficient  number  of
    52  individuals   are  available  by  telephone  to  provide  interpretation
    53  services in each of the covered languages to meet the expected needs  of
    54  parents  or guardians who seek to communicate with their child's school.
    55  Where resources allow, such services shall  also  be  available  through
    56  staff members who shall be present at schools, regional or other depart-

        A. 2179--A                          3

     1  mental  offices,  and  other  locations  where parents and guardians may
     2  interact with the school district, but may be provided at such locations
     3  by telephone in the event that a person fluent in the necessary  covered
     4  language is not available at such location.
     5    2.  For cities having a population of one million or more inhabitants,
     6  the department shall provide interpretation services at meetings of  the
     7  panel  for  educational  policy  events  at  which  four hundred or more
     8  persons are expected to attend and  meetings  or  events  at  which  the
     9  department  reasonably  believes that ten percent or more of the persons
    10  expected to attend speak primary languages that  are  covered  languages
    11  other  than  English.  Such interpretation services shall be provided in
    12  whichever of the covered languages the department expects will be spoken
    13  as the primary language of the persons attending such meeting or event.
    14    § 3334. Translation services required. 1. Each school  district  shall
    15  translate the following documents into each of the covered languages and
    16  disseminate  such  documents  to each public school within such district
    17  for dissemination to parents and guardians in whichever of  the  covered
    18  languages,  if  any,  is  their  primary language, as determined by such
    19  district pursuant to section thirty-three  hundred  thirty-two  of  this
    20  article:
    21    a. The standardized text on report cards and permission slips; and
    22    b. Documents disseminated to one thousand or more parents or guardians
    23  that  require a parent or guardian to respond to the department, or that
    24  require a parent or guardian to take an action in  order  to  obtain  or
    25  preserve  a right or benefit with respect to their child's education, or
    26  that provide notification of  an  upcoming  event  that  concerns  their
    27  child's education.
    28    2.  With respect to any document that the school district produces for
    29  distribution to all  or  substantially  all  parents  and  guardians  of
    30  students  in such school district and that it does not distribute to all
    31  parents or guardians in the primary language of such parents or  guardi-
    32  ans,  as  determined  by the school district pursuant to section thirty-
    33  three hundred thirty-two of this article, and  which  document  concerns
    34  discipline  or  students'  health, safety, right to attend school or any
    35  other legal right granted to students or to the parents or guardians  by
    36  local,  city,  state  or  federal law, the school district shall provide
    37  either a cover letter or a statement on the face of such document, indi-
    38  cating in each covered language how to  obtain  a  free  translation  or
    39  interpretation of such document from the school district.
    40    3.  With  respect  to any document not prepared for broad distribution
    41  that concerns an individual student's health, safety, legal or discipli-
    42  nary matter, right to continue to receive public education  or placement
    43  in any special  education,  English  language  learner  or  non-standard
    44  academic program the school district shall, if not required to do other-
    45  wise by state or federal law, rule or regulation, provide such student's
    46  parents  or guardians whose primary language is a covered language other
    47  than English with a translation of such document  into  the  appropriate
    48  covered  language, or shall provide either a cover letter or a statement
    49  on the face of the  document,  indicating  in  the  appropriate  covered
    50  language  how  to  obtain  a  free translation or interpretation of such
    51  document from the school district.
    52    4. Each school district shall provide a mechanism by which its  public
    53  school employees can fax documents of a reasonable length to a person or
    54  service  and  receive back a translation of such documents in accordance
    55  with the sender's instructions. Such mechanism shall  be  designed  such
    56  that,  under ordinary circumstances, a principal or teacher can obtain a

        A. 2179--A                          4

     1  translation of a single-page note or letter within twenty-four hours  or
     2  by the conclusion of the next business day, whichever is later.
     3    § 3335. Notice to parents and guardians. 1. Each school district shall
     4  prepare  in  each  of  the  covered  languages a short, concise document
     5  setting forth the rights of parents and guardians with respect to trans-
     6  lation and interpretation services as required by this  article  and  by
     7  any  other  applicable  law,  rule  or regulation, and explaining how to
     8  obtain such services. Such document shall be provided, in the  appropri-
     9  ate  covered language, if any, to each parent or guardian who, as deter-
    10  mined by the local school  district  pursuant  to  section  thirty-three
    11  hundred   thirty-two  of  this  article,  requires  language  assistance
    12  services. Copies of such document in  each  covered  language  shall  be
    13  placed in each public school or office to which the public has access in
    14  sufficient  quantity that it can be provided to any member of the public
    15  who enters such  school  or  office  and  requires  language  assistance
    16  services.
    17    2.  A sign written in each of the covered languages shall be displayed
    18  in a conspicuous location in each public school, school district  office
    19  or  other  departmental  office building to which the public has access,
    20  indicating the availability and location in such school or  building  of
    21  the document required pursuant to subdivision one of this section.
    22    3.  In  the event that the school district determines that ten percent
    23  or more of the parents or guardians of the students attending any  indi-
    24  vidual  school  speak a primary language that is not a covered language,
    25  then at such individual school, the document and sign required  by  this
    26  section  shall  be  prepared  and  made available at such school in such
    27  other language in addition to the covered languages.
    28    §  3336.  Certification  of  translation.  In  the  school  district's
    29  discretion,  it may satisfy the translation requirements of this article
    30  with respect to any document concerning a student's education that  must
    31  be  completed  with  information  provided by a parent or guardian whose
    32  primary language, as determined  by  the  school  district  pursuant  to
    33  section  thirty-three  hundred  thirty-two  of  this article, is not the
    34  language in which the document is printed, if such document is completed
    35  by either a parent or guardian or by a  school  district  employee,  and
    36  signed  by  the  parent  or guardian, provided that such school district
    37  employee certifies on the face of such  document  or  upon  an  attached
    38  document,  in such form and manner as determined by the school district,
    39  that such employee provided or  secured  interpretation  or  translation
    40  services  for each parent or guardian signing the document, the employee
    41  believes that each such person understood the purpose  of  the  document
    42  and  the  information being provided in the document and conveyed in the
    43  interpretation or translation and each such person received  a  copy  of
    44  such document and such certification.
    45    § 3337. Department of education website. The department shall create a
    46  special  website  which shall contain, on its homepage and on such other
    47  web pages as the department shall determine is appropriate,  information
    48  in  each  of  the  covered languages sufficient to direct any user whose
    49  primary language is a covered language other than English to a  resource
    50  on  the  department's website that contains an explanation of the rights
    51  of parents and guardians to translation and interpretation  services  as
    52  required  by this article and by any other applicable law, rule or regu-
    53  lation, and explaining how to obtain such services.
    54    § 3338. Reporting. 1. Except as provided in subdivision  two  of  this
    55  section,  each  school district shall report annually to the local board
    56  of education on or before the first day of December of each year, begin-

        A. 2179--A                          5

     1  ning in December, two thousand twenty-one,  the  number  of  parents  or
     2  guardians  who had children in the public school system during the imme-
     3  diately preceding school year  whose  primary  language,  as  determined
     4  pursuant to section thirty-three hundred thirty-two of this article, was
     5  not  English,  and,  for  each  covered language other than English, the
     6  number of such parents and guardians speaking such language.
     7    2. In cities having a population of one million or  more  inhabitants,
     8  each  community district shall report to the city council of the city of
     9  New York on or before the first day of December of each year,  beginning
    10  in December, two thousand twenty-one, the number of parents or guardians
    11  who  had  children  in the New York city public school system during the
    12  immediately preceding school year whose primary language, as  determined
    13  pursuant to section thirty-three hundred thirty-two of this article, was
    14  not  English,  and,  of  each  covered  language other than English, the
    15  number of such parents and guardians speaking such language.
    16    3. Such report shall also state, with respect to such reporting  peri-
    17  od:
    18    a.  Number  of  distinct documents that the school district translated
    19  into the covered languages and the general nature of such documents;
    20    b. Number of meetings at which the school district provided  interpre-
    21  tation services and the languages for which it provided such services;
    22    c. Annual budget for language assistance services;
    23    d.  Number  of employees whose primary job function is to provide such
    24  language assistance services; and
    25    e. Number of times interpretation services were provided by telephone,
    26  and the languages in which such services were provided.
    27    § 3339. General provisions. Nothing in this article shall:
    28    1. Preclude a parent or guardian from having  an  adult  volunteer,  a
    29  relative  sixteen  years of age or older, a spouse or a domestic partner
    30  provide translation or interpretation services for such individual.
    31    2. Be construed as preventing the school district from complying  with
    32  any  provision  of state or federal law concerning translation or inter-
    33  pretation.
    34    3. Be construed as prohibiting the school district from exceeding  the
    35  mandates of this article, from relying upon the resources of other city,
    36  state  or  federal  agencies,  or  from  translating  documents into, or
    37  providing interpretation services in, languages other than  the  covered
    38  languages.
    39    4.  Be  construed  as  prohibiting  the school district from utilizing
    40  BOCES as a designated agency to administer the program set forth in this
    41  article or as a source of financial aid for such program.
    42    5. Require the school  district  to  translate  documents  or  provide
    43  interpretation for matters that do not concern a student's education, or
    44  that are prolix or are unintelligible.
    45    6.  Require  the school district to translate or interpret legal docu-
    46  ments not otherwise required to be translated by this  chapter,  includ-
    47  ing,  but  not  limited to, legal documents generated by or for use in a
    48  proceeding not held by the  school  district,  except  to  provide  upon
    49  request  a  general  explanation of the nature of such documents if such
    50  documents concern the public education of  the  parent's  or  guardian's
    51  child.
    52    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    53  sion,  section  or  part  of  this act shall be adjudged by any court of
    54  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    55  impair,  or  invalidate  the remainder thereof, but shall be confined in
    56  its operation to the clause, sentence, paragraph,  subdivision,  section

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     1  or part thereof directly involved in the controversy in which such judg-
     2  ment shall have been rendered. It is hereby declared to be the intent of
     3  the  legislature  that  this  act  would  have been enacted even if such
     4  invalid  provisions  had  not  been included herein provided it does not
     5  materially alter the effect of this legislation.
     6    § 4. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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