Bill Text: NY A00255 | 2015-2016 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to education [A00255 Detail]

Download: New_York-2015-A00255-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          255
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ROZIC, KAVANAGH -- 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:
    1    Section 1. Section 305 of the education law is amended by adding a new
    2  subdivision 53 to read as follows:
    3    53.  A.  ALL  SCHOOL DISTRICTS SHALL ESTABLISH   A LANGUAGE ASSISTANCE
    4  PROGRAM WHERE LIMITED ENGLISH PROFICIENT PARENTS  WOULD  HAVE  EFFECTIVE
    5  ACCESS  TO COMMUNICATE WITH TEACHERS AND SCHOOL PERSONNEL.  THIS COMPRE-
    6  HENSIVE PROGRAM SHALL INCLUDE, BUT IS NOT LIMITED TO:
    7    (1) PROVIDING THAT ALL FREQUENTLY USED FORMS AND OTHER WRITTEN MATERI-
    8  ALS THAT ARE SENT HOME TO LIMITED  ENGLISH  PROFICIENT  PARENTS  ARE  IN
    9  THEIR PRIMARY LANGUAGE;
   10    (2)  PROVIDING  LANGUAGE  ASSISTANCE  TO  LIMITED  ENGLISH  PROFICIENT
   11  PARENTS IN THEIR PRIMARY LANGUAGE WHO CALL  OR  COME  INTO  SCHOOL  WITH
   12  CONCERNS RELATED TO THEIR CHILD'S SCHOOLING;
   13    (3)  PROVIDING  LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFI-
   14  CIENT PARENTS IN THEIR PRIMARY LANGUAGE TO FACILITATE PARENT  ATTENDANCE
   15  AT  SCHOOL-SPONSORED  PROGRAMS  DESIGNED  FOR COMMUNICATION WITH PARENTS
   16  INCLUDING, BUT NOT LIMITED TO, PARENT-TEACHER CONFERENCES, WORKSHOPS AND
   17  SCHOOL FAIRS.
   18    B. A NOTICE OF THE AVAILABILITY OF THE  LANGUAGE  ASSISTANCE  PROGRAMS
   19  FOR LIMITED ENGLISH PROFICIENT PARENTS ESTABLISHED PURSUANT TO PARAGRAPH
   20  A  OF  THIS  SUBDIVISION  SHALL  BE  MAILED TO THE HOMES OF SUCH LIMITED
   21  ENGLISH  PROFICIENT  PARENTS  IN  A  NOTICE  WRITTEN  IN  THEIR  PRIMARY
   22  LANGUAGE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00043-01-5
       A. 255                              2
    1    C.  EACH  SCHOOL DISTRICT SHALL KEEP A RECORD DOCUMENTING ITS LANGUAGE
    2  ASSISTANCE PROGRAM AND SHALL SUBMIT A SUMMARY  REPORT  ANNUALLY  TO  THE
    3  COMMISSIONER.  SUCH  RECORD AND REPORT SHALL INCLUDE, BUT NOT BE LIMITED
    4  TO:
    5    (1)  THE NUMBER OF LIMITED ENGLISH PROFICIENT PARENTS WHO RECEIVE SUCH
    6  ASSISTANCE;
    7    (2) THE NUMBER OF LIMITED  ENGLISH  PROFICIENT  HOUSEHOLDS  WHERE  ONE
    8  PARENT IS ENGLISH LANGUAGE PROFICIENT; AND
    9    (3)  THE  NUMBER  OF  COMPLAINTS  FILED  BY LIMITED ENGLISH PROFICIENT
   10  PARENTS; AND
   11    (4) THE NUMBER OF BILINGUAL PERSONNEL USED TO ASSIST IN  THE  LANGUAGE
   12  ASSISTANCE AND TRANSLATION SERVICES.
   13    D. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
   14  BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
   15  INCLUDING  BUT NOT LIMITED TO, THE METHODOLOGY TO BE USED BY EACH SCHOOL
   16  DISTRICT TO DETERMINE OR ASSESS THE PRIMARY  LANGUAGES,  THE  NUMBER  OF
   17  LIMITED  ENGLISH  PROFICIENT  PARENTS, THE PERCENTAGE OF LIMITED ENGLISH
   18  PROFICIENT PARENTS TO STUDENTS AND THE NATIVE LANGUAGE OF  SUCH  LIMITED
   19  ENGLISH PROFICIENT PARENTS, AND A COMPLAINT PROCEDURE FOR ANY PARENT WHO
   20  ALLEGES  A  SCHOOL'S NON-COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVI-
   21  SION.
   22    E. FOR PURPOSES OF THIS SUBDIVISION:
   23    (1) "PRIMARY LANGUAGE" MEANS ONE OF THE FIVE MOST COMMON LANGUAGES  IN
   24  A  SCHOOL  DISTRICT, OTHER THAN ENGLISH, SPOKEN AND USED TO COMMUNICATE,
   25  BY LIMITED ENGLISH PROFICIENT PARENTS.
   26    (2) "LIMITED ENGLISH PROFICIENT PARENTS" MEANS PARENTS OR PARENT OF  A
   27  MINOR  CHILD  WHO  ATTENDS  PUBLIC  SCHOOL AND SUCH PARENTS OR PARENT IS
   28  UNABLE TO COMMUNICATE EFFECTIVELY IN ENGLISH WITH  TEACHERS  AND  SCHOOL
   29  PERSONNEL AT THE SCHOOL ATTENDED BY HIS OR HER CHILD.
   30    F.  NOTHING  IN THIS SUBDIVISION SHALL PROHIBIT A SCHOOL DISTRICT FROM
   31  ENTERING INTO A COOPERATIVE AGREEMENT WITH  OTHER  SCHOOL  DISTRICTS  TO
   32  JOINTLY ESTABLISH SUCH A LANGUAGE ASSISTANCE PROGRAM.
   33    G.  THIS  SUBDIVISION  SHALL  ONLY  APPLY  TO  SCHOOL  DISTRICTS WHERE
   34  NON-ENGLISH SPEAKING RESIDENTS OR  LIMITED  ENGLISH  PROFICIENT  PARENTS
   35  CONSTITUTE  MORE  THAN  FIVE  PERCENT  OF  THE  RESIDENTS OF SUCH SCHOOL
   36  DISTRICT, AS DETERMINED BY DATA FROM THE TWO MOST RECENT FEDERAL  DECEN-
   37  NIAL CENSUSES.
   38    S 2. This act shall take effect on the one hundred eightieth day after
   39  it  shall have become a law. Effective immediately, the addition, amend-
   40  ment and/or repeal of any rule or regulation necessary for the implemen-
   41  tation of this act on its effective date is authorized to  be  made  and
   42  completed on or before such effective date.