Bill Text: NY S02718 | 2011-2012 | General Assembly | Introduced
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 2-0)
Status: (Introduced - Dead) 2012-01-25 - PRINT NUMBER 2718A [S02718 Detail]
Download: New_York-2011-S02718-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2718
2011-2012 Regular Sessions
I N S E N A T E
January 31, 2011
___________
Introduced by Sens. SERRANO, SAVINO -- 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:
1 Section 1. This act shall be known and may be cited as the "education
2 equity act".
3 S 2. The education law is amended by adding a new article 66 to read
4 as follows:
5 ARTICLE 66
6 EDUCATION EQUITY ACT
7 SECTION 3300. DEFINITIONS.
8 3301. SCHOOL-BASED LANGUAGE ASSISTANCE PLANS.
9 3302. DETERMINATION OF PRIMARY LANGUAGE.
10 3303. INTERPRETATION SERVICES REQUIRED.
11 3304. TRANSLATION SERVICES REQUIRED.
12 3305. NOTICE TO PARENTS AND GUARDIANS.
13 3306. CERTIFICATION OF TRANSLATION.
14 3307. DEPARTMENT OF EDUCATION WEBSITE.
15 3308. REPORTING.
16 3309. GENERAL PROVISIONS.
17 S 3300. 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
22 LEAST TWO PERCENT, ROUNDED TO THE NEAREST PERCENTILE, OF THE POPULATION
23 IN A SCHOOL DISTRICT WITHIN A CITY, VILLAGE OR TOWN HAVING A POPULATION
24 OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, TWO OF THE
25 MOST COMMONLY SPOKEN LANGUAGES, OTHER THAN ENGLISH, BEING SPOKEN BY AT
26 LEAST TWO PERCENT, ROUNDED TO THE NEAREST PERCENTILE, OF THE POPULATION
27 IN A SCHOOL DISTRICT WITHIN A CITY HAVING A POPULATION OF ONE HUNDRED
28 TWENTY-FIVE THOUSAND INHABITANTS OR MORE, EIGHT OF THE MOST COMMONLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00055-01-1
S. 2718 2
1 SPOKEN LANGUAGES, OTHER THAN ENGLISH, BEING SPOKEN IN A COMMUNITY
2 DISTRICT, AS DEFINED IN ARTICLE FIFTY-TWO-A OF THIS CHAPTER, WITHIN A
3 CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS. SUCH INFOR-
4 MATION SHALL BE REPORTED BY A SOURCE DEEMED RELIABLE BY THE LOCAL
5 DEPARTMENT OF EDUCATION, EXCEPT THAT IN A CITY HAVING A POPULATION OF
6 ONE MILLION OR MORE INHABITANTS, SUCH INFORMATION SHALL BE DEEMED RELI-
7 ABLE BY THE NEW YORK CITY DEPARTMENT OF CITY PLANNING OR SUCH OTHER CITY
8 AGENCY AS THE NEW YORK CITY DEPARTMENT OF EDUCATION DEEMS A RELIABLE
9 SOURCE OF SUCH INFORMATION.
10 2. PRIMARY LANGUAGE. THE TERM "PRIMARY LANGUAGE" MEANS THE PRIMARY
11 LANGUAGE SPOKEN BY A STUDENT'S PARENTS OR GUARDIANS, AS EXPRESSED TO THE
12 DEPARTMENT BY SUCH PARENTS OR GUARDIANS.
13 3. SCHOOL DISTRICT. THE TERM "SCHOOL DISTRICT" MEANS EACH SCHOOL
14 DISTRICT WITHIN THE STATE OF NEW YORK INCLUDING THOSE WITHIN A CITY
15 HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABIT-
16 ANTS AND EACH COMMUNITY DISTRICT OF THE CITY DISTRICT, AS DEFINED IN
17 ARTICLE FIFTY-TWO-A OF THIS CHAPTER. SCHOOL DISTRICT FURTHER MEANS THE
18 OFFICE OR AGENCY DESIGNATED BY THE SCHOOL DISTRICT TO ADMINISTER THE
19 PROGRAM SET FORTH IN THIS ARTICLE.
20 4. SCHOOL. THE TERM "SCHOOL" MEANS ANY PUBLIC SCHOOL WITHIN THE JURIS-
21 DICTION OF ANY SCHOOL DISTRICT AS DEFINED IN SUBDIVISION THREE OF THIS
22 SECTION.
23 5. TRANSLATION. THE TERM "TRANSLATION" MEANS THE ACT OF COMMUNICATION
24 BETWEEN SPEAKERS OF TWO OR MORE COVERED LANGUAGES WHEREIN THE WRITTEN
25 WORDS OF ONE PERSON ARE COMMUNICATED TO OTHERS IN WRITING IN A DIFFERENT
26 LANGUAGE.
27 S 3301. SCHOOL-BASED LANGUAGE ASSISTANCE PLANS. EACH SCHOOL DISTRICT
28 SHALL ANNUALLY PREPARE A LANGUAGE ASSISTANCE PLAN WHICH SHALL CONTAIN,
29 AT A MINIMUM, AN ASSESSMENT OF THE LANGUAGE ASSISTANCE NEEDS OF THE
30 SCHOOL DISTRICT, THE ABILITY OF THE SCHOOL DISTRICT TO FULFILL SUCH
31 NEEDS AND THE RESOURCES REQUIRED FOR THE SCHOOL DISTRICT TO FULFILL SUCH
32 NEEDS. EACH SCHOOL DISTRICT SHALL COLLECT AND REVIEW SUCH LANGUAGE
33 ASSISTANCE PLANS AT A DATE SUFFICIENTLY EARLY IN EACH FISCAL YEAR TO BE
34 ABLE TO CONSIDER THE CONTENTS OF SUCH PLANS IN FORMULATING SCHOOL-BASED
35 BUDGETS FOR THE COMING FISCAL YEAR.
36 S 3302. DETERMINATION OF PRIMARY LANGUAGE. EACH SCHOOL DISTRICT SHALL
37 DETERMINE, UPON ENROLLMENT OR WITHIN THIRTY DAYS OF ENROLLMENT, THE
38 PRIMARY LANGUAGE SPOKEN BY THE PARENTS OR GUARDIANS OF EACH STUDENT
39 ENROLLED IN A PUBLIC SCHOOL WITHIN SUCH DISTRICT AND WHETHER, IF SUCH
40 LANGUAGE IS NOT ENGLISH, SUCH PARENT OR GUARDIAN REQUIRES LANGUAGE
41 ASSISTANCE SERVICES IN ORDER TO COMMUNICATE EFFECTIVELY WITH THE SCHOOL
42 DISTRICT.
43 S 3303. INTERPRETATION SERVICES REQUIRED. 1. EACH SCHOOL DISTRICT
44 SHALL ENSURE THAT DURING REGULAR BUSINESS HOURS A SUFFICIENT NUMBER OF
45 INDIVIDUALS ARE AVAILABLE BY TELEPHONE TO PROVIDE INTERPRETATION
46 SERVICES IN EACH OF THE COVERED LANGUAGES TO MEET THE EXPECTED NEEDS OF
47 PARENTS OR GUARDIANS WHO SEEK TO COMMUNICATE WITH THEIR CHILD'S SCHOOL.
48 WHERE RESOURCES ALLOW, SUCH SERVICES SHALL ALSO BE AVAILABLE THROUGH
49 STAFF MEMBERS WHO SHALL BE PRESENT AT SCHOOLS, REGIONAL OR OTHER DEPART-
50 MENTAL OFFICES, AND OTHER LOCATIONS WHERE PARENTS AND GUARDIANS MAY
51 INTERACT WITH THE SCHOOL DISTRICT, BUT MAY BE PROVIDED AT SUCH LOCATIONS
52 BY TELEPHONE IN THE EVENT THAT A PERSON FLUENT IN THE NECESSARY COVERED
53 LANGUAGE IS NOT AVAILABLE AT SUCH LOCATION.
54 2. FOR CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
55 THE DEPARTMENT SHALL PROVIDE INTERPRETATION SERVICES AT MEETINGS OF THE
56 PANEL FOR EDUCATIONAL POLICY EVENTS AT WHICH FOUR HUNDRED OR MORE
S. 2718 3
1 PERSONS ARE EXPECTED TO ATTEND AND MEETINGS OR EVENTS AT WHICH THE
2 DEPARTMENT REASONABLY BELIEVES THAT TEN PERCENT OR MORE OF THE PERSONS
3 EXPECTED TO ATTEND SPEAK PRIMARY LANGUAGES THAT ARE COVERED LANGUAGES
4 OTHER THAN ENGLISH. SUCH INTERPRETATION SERVICES SHALL BE PROVIDED IN
5 WHICHEVER OF THE COVERED LANGUAGES THE DEPARTMENT EXPECTS WILL BE SPOKEN
6 AS THE PRIMARY LANGUAGE OF THE PERSONS ATTENDING SUCH MEETING OR EVENT.
7 S 3304. TRANSLATION SERVICES REQUIRED. 1. EACH SCHOOL DISTRICT SHALL
8 TRANSLATE THE FOLLOWING DOCUMENTS INTO EACH OF THE COVERED LANGUAGES AND
9 DISSEMINATE SUCH DOCUMENTS TO EACH PUBLIC SCHOOL WITHIN SUCH DISTRICT
10 FOR DISSEMINATION TO PARENTS AND GUARDIANS IN WHICHEVER OF THE COVERED
11 LANGUAGES, IF ANY, IS THEIR PRIMARY LANGUAGE, AS DETERMINED BY SUCH
12 DISTRICT PURSUANT TO SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE:
13 A. THE STANDARDIZED TEXT ON REPORT CARDS AND PERMISSION SLIPS; AND
14 B. DOCUMENTS DISSEMINATED TO ONE THOUSAND OR MORE PARENTS OR GUARDIANS
15 THAT REQUIRE A PARENT OR GUARDIAN TO RESPOND TO THE DEPARTMENT, OR THAT
16 REQUIRE A PARENT OR GUARDIAN TO TAKE AN ACTION IN ORDER TO OBTAIN OR
17 PRESERVE A RIGHT OR BENEFIT WITH RESPECT TO THEIR CHILD'S EDUCATION, OR
18 THAT PROVIDE NOTIFICATION OF AN UPCOMING EVENT THAT CONCERNS THEIR
19 CHILD'S EDUCATION.
20 2. WITH RESPECT TO ANY DOCUMENT THAT THE SCHOOL DISTRICT PRODUCES FOR
21 DISTRIBUTION TO ALL OR SUBSTANTIALLY ALL PARENTS AND GUARDIANS OF
22 STUDENTS IN SUCH SCHOOL DISTRICT AND THAT IT DOES NOT DISTRIBUTE TO ALL
23 PARENTS OR GUARDIANS IN THE PRIMARY LANGUAGE OF SUCH PARENTS OR GUARDI-
24 ANS, AS DETERMINED BY THE SCHOOL DISTRICT PURSUANT TO SECTION
25 THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, AND WHICH DOCUMENT CONCERNS
26 DISCIPLINE OR STUDENTS' HEALTH, SAFETY, RIGHT TO ATTEND SCHOOL OR ANY
27 OTHER LEGAL RIGHT GRANTED TO STUDENTS OR TO THE PARENTS OR GUARDIANS BY
28 LOCAL, CITY, STATE OR FEDERAL LAW, THE SCHOOL DISTRICT SHALL PROVIDE
29 EITHER A COVER LETTER OR A STATEMENT ON THE FACE OF SUCH DOCUMENT, INDI-
30 CATING IN EACH COVERED LANGUAGE HOW TO OBTAIN A FREE TRANSLATION OR
31 INTERPRETATION OF SUCH DOCUMENT FROM THE SCHOOL DISTRICT.
32 3. WITH RESPECT TO ANY DOCUMENT NOT PREPARED FOR BROAD DISTRIBUTION
33 THAT CONCERNS AN INDIVIDUAL STUDENT'S HEALTH, SAFETY, LEGAL OR DISCIPLI-
34 NARY MATTER, RIGHT TO CONTINUE TO RECEIVE PUBLIC EDUCATION OR PLACEMENT
35 IN ANY SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNER OR NON-STANDARD
36 ACADEMIC PROGRAM THE SCHOOL DISTRICT SHALL, IF NOT REQUIRED TO DO OTHER-
37 WISE BY STATE OR FEDERAL LAW, RULE OR REGULATION, PROVIDE SUCH STUDENT'S
38 PARENTS OR GUARDIANS WHOSE PRIMARY LANGUAGE IS A COVERED LANGUAGE OTHER
39 THAN ENGLISH WITH A TRANSLATION OF SUCH DOCUMENT INTO THE APPROPRIATE
40 COVERED LANGUAGE, OR SHALL PROVIDE EITHER A COVER LETTER OR A STATEMENT
41 ON THE FACE OF THE DOCUMENT, INDICATING IN THE APPROPRIATE COVERED
42 LANGUAGE HOW TO OBTAIN A FREE TRANSLATION OR INTERPRETATION OF SUCH
43 DOCUMENT FROM THE SCHOOL DISTRICT.
44 4. EACH SCHOOL DISTRICT SHALL PROVIDE A MECHANISM BY WHICH ITS PUBLIC
45 SCHOOL EMPLOYEES CAN FAX DOCUMENTS OF A REASONABLE LENGTH TO A PERSON OR
46 SERVICE AND RECEIVE BACK A TRANSLATION OF SUCH DOCUMENTS IN ACCORDANCE
47 WITH THE SENDER'S INSTRUCTIONS. SUCH MECHANISM SHALL BE DESIGNED SUCH
48 THAT, UNDER ORDINARY CIRCUMSTANCES, A PRINCIPAL OR TEACHER CAN OBTAIN A
49 TRANSLATION OF A SINGLE-PAGE NOTE OR LETTER WITHIN TWENTY-FOUR HOURS OR
50 BY THE CONCLUSION OF THE NEXT BUSINESS DAY, WHICHEVER IS LATER.
51 S 3305. NOTICE TO PARENTS AND GUARDIANS. 1. EACH SCHOOL DISTRICT SHALL
52 PREPARE IN EACH OF THE COVERED LANGUAGES A SHORT, CONCISE DOCUMENT
53 SETTING FORTH THE RIGHTS OF PARENTS AND GUARDIANS WITH RESPECT TO TRANS-
54 LATION AND INTERPRETATION SERVICES AS REQUIRED BY THIS ARTICLE AND BY
55 ANY OTHER APPLICABLE LAW, RULE OR REGULATION, AND EXPLAINING HOW TO
56 OBTAIN SUCH SERVICES. SUCH DOCUMENT SHALL BE PROVIDED, IN THE APPROPRI-
S. 2718 4
1 ATE COVERED LANGUAGE, IF ANY, TO EACH PARENT OR GUARDIAN WHO, AS DETER-
2 MINED BY THE LOCAL SCHOOL DISTRICT PURSUANT TO SECTION THIRTY-THREE
3 HUNDRED TWO OF THIS ARTICLE, REQUIRES LANGUAGE ASSISTANCE SERVICES.
4 COPIES OF SUCH DOCUMENT IN EACH COVERED LANGUAGE SHALL BE PLACED IN EACH
5 PUBLIC SCHOOL OR OFFICE TO WHICH THE PUBLIC HAS ACCESS IN SUFFICIENT
6 QUANTITY THAT IT CAN BE PROVIDED TO ANY MEMBER OF THE PUBLIC WHO ENTERS
7 SUCH SCHOOL OR OFFICE AND REQUIRES LANGUAGE ASSISTANCE SERVICES.
8 2. A SIGN WRITTEN IN EACH OF THE COVERED LANGUAGES SHALL BE DISPLAYED
9 IN A CONSPICUOUS LOCATION IN EACH PUBLIC SCHOOL, SCHOOL DISTRICT OFFICE
10 OR OTHER DEPARTMENTAL OFFICE BUILDING TO WHICH THE PUBLIC HAS ACCESS,
11 INDICATING THE AVAILABILITY AND LOCATION IN SUCH SCHOOL OR BUILDING OF
12 THE DOCUMENT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
13 3. IN THE EVENT THAT THE SCHOOL DISTRICT DETERMINES THAT TEN PERCENT
14 OR MORE OF THE PARENTS OR GUARDIANS OF THE STUDENTS ATTENDING ANY INDI-
15 VIDUAL SCHOOL SPEAK A PRIMARY LANGUAGE THAT IS NOT A COVERED LANGUAGE,
16 THEN AT SUCH INDIVIDUAL SCHOOL, THE DOCUMENT AND SIGN REQUIRED BY THIS
17 SECTION SHALL BE PREPARED AND MADE AVAILABLE AT SUCH SCHOOL IN SUCH
18 OTHER LANGUAGE IN ADDITION TO THE COVERED LANGUAGES.
19 S 3306. CERTIFICATION OF TRANSLATION. IN THE SCHOOL DISTRICT'S
20 DISCRETION, IT MAY SATISFY THE TRANSLATION REQUIREMENTS OF THIS ARTICLE
21 WITH RESPECT TO ANY DOCUMENT CONCERNING A STUDENT'S EDUCATION THAT MUST
22 BE COMPLETED WITH INFORMATION PROVIDED BY A PARENT OR GUARDIAN WHOSE
23 PRIMARY LANGUAGE, AS DETERMINED BY THE SCHOOL DISTRICT PURSUANT TO
24 SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, IS NOT THE LANGUAGE IN
25 WHICH THE DOCUMENT IS PRINTED, IF SUCH DOCUMENT IS COMPLETED BY EITHER A
26 PARENT OR GUARDIAN OR BY A SCHOOL DISTRICT EMPLOYEE, AND SIGNED BY THE
27 PARENT OR GUARDIAN, PROVIDED THAT SUCH SCHOOL DISTRICT EMPLOYEE CERTI-
28 FIES ON THE FACE OF SUCH DOCUMENT OR UPON AN ATTACHED DOCUMENT, IN SUCH
29 FORM AND MANNER AS DETERMINED BY THE SCHOOL DISTRICT, THAT SUCH EMPLOYEE
30 PROVIDED OR SECURED INTERPRETATION OR TRANSLATION SERVICES FOR EACH
31 PARENT OR GUARDIAN SIGNING THE DOCUMENT, THE EMPLOYEE BELIEVES THAT EACH
32 SUCH PERSON UNDERSTOOD THE PURPOSE OF THE DOCUMENT AND THE INFORMATION
33 BEING PROVIDED IN THE DOCUMENT AND CONVEYED IN THE INTERPRETATION OR
34 TRANSLATION AND EACH SUCH PERSON RECEIVED A COPY OF SUCH DOCUMENT AND
35 SUCH CERTIFICATION.
36 S 3307. DEPARTMENT OF EDUCATION WEBSITE. THE DEPARTMENT SHALL CREATE A
37 SPECIAL WEBSITE WHICH SHALL CONTAIN, ON ITS HOMEPAGE AND ON SUCH OTHER
38 WEB PAGES AS THE DEPARTMENT SHALL DETERMINE IS APPROPRIATE, INFORMATION
39 IN EACH OF THE COVERED LANGUAGES SUFFICIENT TO DIRECT ANY USER WHOSE
40 PRIMARY LANGUAGE IS A COVERED LANGUAGE OTHER THAN ENGLISH TO A RESOURCE
41 ON THE DEPARTMENT'S WEBSITE THAT CONTAINS AN EXPLANATION OF THE RIGHTS
42 OF PARENTS AND GUARDIANS TO TRANSLATION AND INTERPRETATION SERVICES AS
43 REQUIRED BY THIS ARTICLE AND BY ANY OTHER APPLICABLE LAW, RULE OR REGU-
44 LATION, AND EXPLAINING HOW TO OBTAIN SUCH SERVICES.
45 S 3308. REPORTING. 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS
46 SECTION, EACH SCHOOL DISTRICT SHALL REPORT ANNUALLY TO THE LOCAL BOARD
47 OF EDUCATION ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGIN-
48 NING IN DECEMBER, TWO THOUSAND TWELVE, THE NUMBER OF PARENTS OR GUARDI-
49 ANS WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMMEDIATELY
50 PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED PURSUANT TO
51 SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT ENGLISH, AND,
52 FOR EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF SUCH PARENTS
53 AND GUARDIANS SPEAKING SUCH LANGUAGE.
54 2. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS,
55 EACH COMMUNITY DISTRICT SHALL REPORT TO THE CITY COUNCIL OF THE CITY OF
56 NEW YORK ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGINNING
S. 2718 5
1 IN DECEMBER, TWO THOUSAND TWELVE, THE NUMBER OF PARENTS OR GUARDIANS WHO
2 HAD CHILDREN IN THE NEW YORK CITY PUBLIC SCHOOL SYSTEM DURING THE IMME-
3 DIATELY PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED
4 PURSUANT TO SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT
5 ENGLISH, AND, OF EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF
6 SUCH PARENTS AND GUARDIANS SPEAKING SUCH LANGUAGE.
7 3. SUCH REPORT SHALL ALSO STATE, WITH RESPECT TO SUCH REPORTING PERI-
8 OD:
9 A. NUMBER OF DISTINCT DOCUMENTS THAT THE SCHOOL DISTRICT TRANSLATED
10 INTO THE COVERED LANGUAGES AND THE GENERAL NATURE OF SUCH DOCUMENTS;
11 B. NUMBER OF MEETINGS AT WHICH THE SCHOOL DISTRICT PROVIDED INTERPRE-
12 TATION SERVICES AND THE LANGUAGES FOR WHICH IT PROVIDED SUCH SERVICES;
13 C. ANNUAL BUDGET FOR LANGUAGE ASSISTANCE SERVICES;
14 D. NUMBER OF EMPLOYEES WHOSE PRIMARY JOB FUNCTION IS TO PROVIDE SUCH
15 LANGUAGE ASSISTANCE SERVICES; AND
16 E. NUMBER OF TIMES INTERPRETATION SERVICES WERE PROVIDED BY TELEPHONE,
17 AND THE LANGUAGES IN WHICH SUCH SERVICES WERE PROVIDED.
18 S 3309. GENERAL PROVISIONS. NOTHING IN THIS ARTICLE SHALL:
19 1. PRECLUDE A PARENT OR GUARDIAN FROM HAVING AN ADULT VOLUNTEER, A
20 RELATIVE SIXTEEN YEARS OF AGE OR OLDER, A SPOUSE OR A DOMESTIC PARTNER
21 PROVIDE TRANSLATION OR INTERPRETATION SERVICES FOR SUCH INDIVIDUAL.
22 2. BE CONSTRUED AS PREVENTING THE SCHOOL DISTRICT FROM COMPLYING WITH
23 ANY PROVISION OF STATE OR FEDERAL LAW CONCERNING TRANSLATION OR INTER-
24 PRETATION.
25 3. BE CONSTRUED AS PROHIBITING THE SCHOOL DISTRICT FROM EXCEEDING THE
26 MANDATES OF THIS ARTICLE, FROM RELYING UPON THE RESOURCES OF OTHER CITY,
27 STATE OR FEDERAL AGENCIES, OR FROM TRANSLATING DOCUMENTS INTO, OR
28 PROVIDING INTERPRETATION SERVICES IN, LANGUAGES OTHER THAN THE COVERED
29 LANGUAGES.
30 4. BE CONSTRUED AS PROHIBITING THE SCHOOL DISTRICT FROM UTILIZING
31 BOCES AS A DESIGNATED AGENCY TO ADMINISTER THE PROGRAM SET FORTH IN THIS
32 ARTICLE OR AS A SOURCE OF FINANCIAL AID FOR SUCH PROGRAM.
33 5. REQUIRE THE SCHOOL DISTRICT TO TRANSLATE DOCUMENTS OR PROVIDE
34 INTERPRETATION FOR MATTERS THAT DO NOT CONCERN A STUDENT'S EDUCATION, OR
35 THAT ARE PROLIX OR ARE UNINTELLIGIBLE.
36 6. REQUIRE THE SCHOOL DISTRICT TO TRANSLATE OR INTERPRET LEGAL DOCU-
37 MENTS NOT OTHERWISE REQUIRED TO BE TRANSLATED BY THIS CHAPTER, INCLUD-
38 ING, BUT NOT LIMITED TO, LEGAL DOCUMENTS GENERATED BY OR FOR USE IN A
39 PROCEEDING NOT HELD BY THE SCHOOL DISTRICT, EXCEPT TO PROVIDE UPON
40 REQUEST A GENERAL EXPLANATION OF THE NATURE OF SUCH DOCUMENTS IF SUCH
41 DOCUMENTS CONCERN THE PUBLIC EDUCATION OF THE PARENT'S OR GUARDIAN'S
42 CHILD.
43 S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
44 sion, section or part of this act shall be adjudged by any court of
45 competent jurisdiction to be invalid, such judgment shall not affect,
46 impair, or invalidate the remainder thereof, but shall be confined in
47 its operation to the clause, sentence, paragraph, subdivision, section
48 or part thereof directly involved in the controversy in which such judg-
49 ment shall have been rendered. It is hereby declared to be the intent of
50 the legislature that this act would have been enacted even if such
51 invalid provisions had not been included herein provided it does not
52 materially alter the effect of this legislation.
53 S 4. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
