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A00456 Summary:

BILL NOA00456
 
SAME ASSAME AS S01516
 
SPONSORRozic (MS)
 
COSPNSRBichotte Hermelyn, Colton, Simon, Weprin, Mamdani, Seawright, Forrest, Burdick, Kim
 
MLTSPNSRCook
 
Add Art 67 §§3330 - 3339, Ed L
 
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.
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A00456 Actions:

BILL NOA00456
 
01/09/2023referred to education
01/03/2024referred to education
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A00456 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           456
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by M. of A. ROZIC, BICHOTTE HERMELYN, COLTON, SIMON, WEPRIN,
          MAMDANI, SEAWRIGHT, FORREST -- Multi-Sponsored by -- M. of A. COOK  --
          read once and referred 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    § 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
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02253-01-3

        A. 456                              2
 
     1  most commonly spoken languages, other than English, being spoken  by  at
     2  least  two percent, rounded to the nearest percentile, of the population
     3  in a school district within a city having a population  of  one  hundred
     4  twenty-five  thousand  inhabitants  or  more, eight of the most commonly
     5  spoken languages, other  than  English,  being  spoken  in  a  community
     6  district,  as  defined  in article fifty-two-A of this chapter, within a
     7  city having a population of one million or more inhabitants. Such infor-
     8  mation shall be reported by  a  source  deemed  reliable  by  the  local
     9  department  of  education,  except that in a city having a population of
    10  one million or more inhabitants, such information shall be deemed  reli-
    11  able by the New York city department of city planning or such other city
    12  agency  as  the  New  York city department of education deems a reliable
    13  source of such information.
    14    2. Primary language. The term "primary  language"  means  the  primary
    15  language spoken by a student's parents or guardians, as expressed to the
    16  department by such parents or guardians.
    17    3.  School  district.    The  term "school district" means each school
    18  district within the state of New York  including  those  within  a  city
    19  having a population of one hundred twenty-five thousand or more inhabit-
    20  ants  and  each  community  district of the city district, as defined in
    21  article fifty-two-A of this chapter.  School district further means  the
    22  office  or  agency  designated  by the school district to administer the
    23  program set forth in this article.
    24    4. School. The term "school" means any public school within the juris-
    25  diction of any school district as defined in subdivision three  of  this
    26  section.
    27    5.  Translation. The term "translation" means the act of communication
    28  between speakers of two or more covered languages  wherein  the  written
    29  words of one person are communicated to others in writing in a different
    30  language.
    31    §  3331.  School-based language assistance plans. Each school district
    32  shall annually prepare a language assistance plan which  shall  contain,
    33  at  a  minimum,  an  assessment  of the language assistance needs of the
    34  school district, the ability of the  school  district  to  fulfill  such
    35  needs and the resources required for the school district to fulfill such
    36  needs.  Each  school  district  shall  collect  and review such language
    37  assistance plans at a date sufficiently early in each fiscal year to  be
    38  able  to consider the contents of such plans in formulating school-based
    39  budgets for the coming fiscal year.
    40    § 3332. Determination of primary language. Each school district  shall
    41  determine,  upon  enrollment  or  within  thirty days of enrollment, the
    42  primary language spoken by the parents  or  guardians  of  each  student
    43  enrolled  in  a  public school within such district and whether, if such
    44  language is not English,  such  parent  or  guardian  requires  language
    45  assistance  services in order to communicate effectively with the school
    46  district.
    47    § 3333. Interpretation services  required.  1.  Each  school  district
    48  shall  ensure  that during regular business hours a sufficient number of
    49  individuals  are  available  by  telephone  to  provide   interpretation
    50  services  in each of the covered languages to meet the expected needs of
    51  parents or guardians who seek to communicate with their child's  school.
    52  Where  resources  allow,  such  services shall also be available through
    53  staff members who shall be present at schools, regional or other depart-
    54  mental offices, and other locations  where  parents  and  guardians  may
    55  interact with the school district, but may be provided at such locations

        A. 456                              3
 
     1  by  telephone in the event that a person fluent in the necessary covered
     2  language is not available at such location.
     3    2.  For cities having a population of one million or more inhabitants,
     4  the department shall provide interpretation services at meetings of  the
     5  panel  for  educational  policy  events  at  which  four hundred or more
     6  persons are expected to attend and  meetings  or  events  at  which  the
     7  department  reasonably  believes that ten percent or more of the persons
     8  expected to attend speak primary languages that  are  covered  languages
     9  other  than  English.  Such interpretation services shall be provided in
    10  whichever of the covered languages the department expects will be spoken
    11  as the primary language of the persons attending such meeting or event.
    12    § 3334. Translation services required. 1. Each school  district  shall
    13  translate the following documents into each of the covered languages and
    14  disseminate  such  documents  to each public school within such district
    15  for dissemination to parents and guardians in whichever of  the  covered
    16  languages,  if  any,  is  their  primary language, as determined by such
    17  district pursuant to section thirty-three  hundred  thirty-two  of  this
    18  article:
    19    a. The standardized text on report cards and permission slips; and
    20    b. Documents disseminated to one thousand or more parents or guardians
    21  that  require a parent or guardian to respond to the department, or that
    22  require a parent or guardian to take an action in  order  to  obtain  or
    23  preserve  a right or benefit with respect to their child's education, or
    24  that provide notification of  an  upcoming  event  that  concerns  their
    25  child's education.
    26    2.  With respect to any document that the school district produces for
    27  distribution to all  or  substantially  all  parents  and  guardians  of
    28  students  in such school district and that it does not distribute to all
    29  parents or guardians in the primary language of such parents or  guardi-
    30  ans,  as  determined  by the school district pursuant to section thirty-
    31  three hundred thirty-two of this article, and  which  document  concerns
    32  discipline  or  students'  health, safety, right to attend school or any
    33  other legal right granted to students or to the parents or guardians  by
    34  local,  city,  state  or  federal law, the school district shall provide
    35  either a cover letter or a statement on the face of such document, indi-
    36  cating in each covered language how to  obtain  a  free  translation  or
    37  interpretation of such document from the school district.
    38    3.  With  respect  to any document not prepared for broad distribution
    39  that concerns an individual student's health, safety, legal or discipli-
    40  nary matter, right to continue to receive public education  or placement
    41  in any special  education,  English  language  learner  or  non-standard
    42  academic program the school district shall, if not required to do other-
    43  wise by state or federal law, rule or regulation, provide such student's
    44  parents  or guardians whose primary language is a covered language other
    45  than English with a translation of such document  into  the  appropriate
    46  covered  language, or shall provide either a cover letter or a statement
    47  on the face of the  document,  indicating  in  the  appropriate  covered
    48  language  how  to  obtain  a  free translation or interpretation of such
    49  document from the school district.
    50    4. Each school district shall provide a mechanism by which its  public
    51  school employees can fax documents of a reasonable length to a person or
    52  service  and  receive back a translation of such documents in accordance
    53  with the sender's instructions. Such mechanism shall  be  designed  such
    54  that,  under ordinary circumstances, a principal or teacher can obtain a
    55  translation of a single-page note or letter within twenty-four hours  or
    56  by the conclusion of the next business day, whichever is later.

        A. 456                              4
 
     1    § 3335. Notice to parents and guardians. 1. Each school district shall
     2  prepare  in  each  of  the  covered  languages a short, concise document
     3  setting forth the rights of parents and guardians with respect to trans-
     4  lation and interpretation services as required by this  article  and  by
     5  any  other  applicable  law,  rule  or regulation, and explaining how to
     6  obtain such services. Such document shall be provided, in the  appropri-
     7  ate  covered language, if any, to each parent or guardian who, as deter-
     8  mined by the local school  district  pursuant  to  section  thirty-three
     9  hundred   thirty-two  of  this  article,  requires  language  assistance
    10  services. Copies of such document in  each  covered  language  shall  be
    11  placed in each public school or office to which the public has access in
    12  sufficient  quantity that it can be provided to any member of the public
    13  who enters such  school  or  office  and  requires  language  assistance
    14  services.
    15    2.  A sign written in each of the covered languages shall be displayed
    16  in a conspicuous location in each public school, school district  office
    17  or  other  departmental  office building to which the public has access,
    18  indicating the availability and location in such school or  building  of
    19  the document required pursuant to subdivision one of this section.
    20    3.  In  the event that the school district determines that ten percent
    21  or more of the parents or guardians of the students attending any  indi-
    22  vidual  school  speak a primary language that is not a covered language,
    23  then at such individual school, the document and sign required  by  this
    24  section  shall  be  prepared  and  made available at such school in such
    25  other language in addition to the covered languages.
    26    §  3336.  Certification  of  translation.  In  the  school  district's
    27  discretion,  it may satisfy the translation requirements of this article
    28  with respect to any document concerning a student's education that  must
    29  be  completed  with  information  provided by a parent or guardian whose
    30  primary language, as determined  by  the  school  district  pursuant  to
    31  section  thirty-three  hundred  thirty-two  of  this article, is not the
    32  language in which the document is printed, if such document is completed
    33  by either a parent or guardian or by a  school  district  employee,  and
    34  signed  by  the  parent  or guardian, provided that such school district
    35  employee certifies on the face of such  document  or  upon  an  attached
    36  document,  in such form and manner as determined by the school district,
    37  that such employee provided or  secured  interpretation  or  translation
    38  services  for each parent or guardian signing the document, the employee
    39  believes that each such person understood the purpose  of  the  document
    40  and  the  information being provided in the document and conveyed in the
    41  interpretation or translation and each such person received  a  copy  of
    42  such document and such certification.
    43    § 3337. Department of education website. The department shall create a
    44  special  website  which shall contain, on its homepage and on such other
    45  web pages as the department shall determine is appropriate,  information
    46  in  each  of  the  covered languages sufficient to direct any user whose
    47  primary language is a covered language other than English to a  resource
    48  on  the  department's website that contains an explanation of the rights
    49  of parents and guardians to translation and interpretation  services  as
    50  required  by this article and by any other applicable law, rule or regu-
    51  lation, and explaining how to obtain such services.
    52    § 3338. Reporting. 1. Except as provided in subdivision  two  of  this
    53  section,  each  school district shall report annually to the local board
    54  of education on or before the first day of December of each year, begin-
    55  ning in December, two thousand twenty-four, the  number  of  parents  or
    56  guardians  who had children in the public school system during the imme-

        A. 456                              5
 
     1  diately preceding school year  whose  primary  language,  as  determined
     2  pursuant to section thirty-three hundred thirty-two of this article, was
     3  not  English,  and,  for  each  covered language other than English, the
     4  number of such parents and guardians speaking such language.
     5    2.  In  cities having a population of one million or more inhabitants,
     6  each community district shall report to the city council of the city  of
     7  New  York on or before the first day of December of each year, beginning
     8  in December, two thousand twenty-four, the number of parents or  guardi-
     9  ans  who  had  children in the New York city public school system during
    10  the immediately preceding school year whose primary language, as  deter-
    11  mined  pursuant to section thirty-three hundred thirty-two of this arti-
    12  cle, was not English, and, of each covered language other than  English,
    13  the number of such parents and guardians speaking such language.
    14    3.  Such report shall also state, with respect to such reporting peri-
    15  od:
    16    a. Number of distinct documents that the  school  district  translated
    17  into the covered languages and the general nature of such documents;
    18    b.  Number of meetings at which the school district provided interpre-
    19  tation services and the languages for which it provided such services;
    20    c. Annual budget for language assistance services;
    21    d. Number of employees whose primary job function is to  provide  such
    22  language assistance services; and
    23    e. Number of times interpretation services were provided by telephone,
    24  and the languages in which such services were provided.
    25    § 3339. General provisions. Nothing in this article shall:
    26    1.  Preclude  a  parent  or guardian from having an adult volunteer, a
    27  relative sixteen years of age or older, a spouse or a  domestic  partner
    28  provide translation or interpretation services for such individual.
    29    2.  Be construed as preventing the school district from complying with
    30  any provision of state or federal law concerning translation  or  inter-
    31  pretation.
    32    3.  Be construed as prohibiting the school district from exceeding the
    33  mandates of this article, from relying upon the resources of other city,
    34  state or federal  agencies,  or  from  translating  documents  into,  or
    35  providing  interpretation  services in, languages other than the covered
    36  languages.
    37    4. Be construed as prohibiting  the  school  district  from  utilizing
    38  BOCES as a designated agency to administer the program set forth in this
    39  article or as a source of financial aid for such program.
    40    5.  Require  the  school  district  to  translate documents or provide
    41  interpretation for matters that do not concern a student's education, or
    42  that are prolix or are unintelligible.
    43    6. Require the school district to translate or interpret  legal  docu-
    44  ments  not  otherwise required to be translated by this chapter, includ-
    45  ing, but not limited to, legal documents generated by or for  use  in  a
    46  proceeding  not  held  by  the  school  district, except to provide upon
    47  request a general explanation of the nature of such  documents  if  such
    48  documents  concern  the  public  education of the parent's or guardian's
    49  child.
    50    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    51  sion, section or part of this act shall be  adjudged  by  any  court  of
    52  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    53  impair, or invalidate the remainder thereof, but shall  be  confined  in
    54  its  operation  to the clause, sentence, paragraph, subdivision, section
    55  or part thereof directly involved in the controversy in which such judg-
    56  ment shall have been rendered. It is hereby declared to be the intent of

        A. 456                              6
 
     1  the legislature that this act would  have  been  enacted  even  if  such
     2  invalid  provisions  had  not  been included herein provided it does not
     3  materially alter the effect of this legislation.
     4    § 4. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.
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