S T A T E O F N E W Y O R K ________________________________________________________________________ 7390 2009-2010 Regular Sessions I N A S S E M B L Y April 2, 2009 ___________ Introduced by M. of A. KAVANAGH -- read once and referred to the Commit- tee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06473-01-9 A. 7390 2 1 LEAST TWO PERCENT, ROUNDED TO THE NEAREST PERCENTILE, OF THE POPULATION 2 IN A SCHOOL DISTRICT WITHIN A CITY HAVING A POPULATION OF ONE HUNDRED 3 TWENTY-FIVE THOUSAND INHABITANTS OR MORE, EIGHT OF THE MOST COMMONLY 4 SPOKEN LANGUAGES, OTHER THAN ENGLISH, BEING SPOKEN IN A COMMUNITY 5 DISTRICT, AS DEFINED IN ARTICLE FIFTY-TWO-A OF THIS CHAPTER, WITHIN A 6 CITY HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS. SUCH INFOR- 7 MATION SHALL BE REPORTED BY A SOURCE DEEMED RELIABLE BY THE LOCAL 8 DEPARTMENT OF EDUCATION, EXCEPT THAT IN A CITY HAVING A POPULATION OF 9 ONE MILLION OR MORE INHABITANTS, SUCH INFORMATION SHALL BE DEEMED RELI- 10 ABLE BY THE NEW YORK CITY DEPARTMENT OF CITY PLANNING OR SUCH OTHER CITY 11 AGENCY AS THE NEW YORK CITY DEPARTMENT OF EDUCATION DEEMS A RELIABLE 12 SOURCE OF SUCH INFORMATION. 13 2. PRIMARY LANGUAGE. THE TERM "PRIMARY LANGUAGE" MEANS THE PRIMARY 14 LANGUAGE SPOKEN BY A STUDENT'S PARENTS OR GUARDIANS, AS EXPRESSED TO THE 15 DEPARTMENT BY SUCH PARENTS OR GUARDIANS. 16 3. SCHOOL DISTRICT. THE TERM "SCHOOL DISTRICT" MEANS EACH SCHOOL 17 DISTRICT WITHIN THE STATE OF NEW YORK INCLUDING THOSE WITHIN A CITY 18 HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABIT- 19 ANTS AND EACH COMMUNITY DISTRICT OF THE CITY DISTRICT, AS DEFINED IN 20 ARTICLE FIFTY-TWO-A OF THIS CHAPTER. SCHOOL DISTRICT FURTHER MEANS THE 21 OFFICE OR AGENCY DESIGNATED BY THE SCHOOL DISTRICT TO ADMINISTER THE 22 PROGRAM SET FORTH IN THIS ARTICLE. 23 4. SCHOOL. THE TERM "SCHOOL" MEANS ANY PUBLIC SCHOOL WITHIN THE JURIS- 24 DICTION OF ANY SCHOOL DISTRICT AS DEFINED IN SUBDIVISION THREE OF THIS 25 SECTION. 26 5. TRANSLATION. THE TERM "TRANSLATION" MEANS THE ACT OF COMMUNICATION 27 BETWEEN SPEAKERS OF TWO OR MORE COVERED LANGUAGES WHEREIN THE WRITTEN 28 WORDS OF ONE PERSON ARE COMMUNICATED TO OTHERS IN WRITING IN A DIFFERENT 29 LANGUAGE. 30 S 3301. SCHOOL-BASED LANGUAGE ASSISTANCE PLANS. EACH SCHOOL DISTRICT 31 SHALL ANNUALLY PREPARE A LANGUAGE ASSISTANCE PLAN WHICH SHALL CONTAIN, 32 AT A MINIMUM, AN ASSESSMENT OF THE LANGUAGE ASSISTANCE NEEDS OF THE 33 SCHOOL DISTRICT, THE ABILITY OF THE SCHOOL DISTRICT TO FULFILL SUCH 34 NEEDS AND THE RESOURCES REQUIRED FOR THE SCHOOL DISTRICT TO FULFILL SUCH 35 NEEDS. EACH SCHOOL DISTRICT SHALL COLLECT AND REVIEW SUCH LANGUAGE 36 ASSISTANCE PLANS AT A DATE SUFFICIENTLY EARLY IN EACH FISCAL YEAR TO BE 37 ABLE TO CONSIDER THE CONTENTS OF SUCH PLANS IN FORMULATING SCHOOL-BASED 38 BUDGETS FOR THE COMING FISCAL YEAR. 39 S 3302. DETERMINATION OF PRIMARY LANGUAGE. EACH SCHOOL DISTRICT SHALL 40 DETERMINE, UPON ENROLLMENT OR WITHIN THIRTY DAYS OF ENROLLMENT, THE 41 PRIMARY LANGUAGE SPOKEN BY THE PARENTS OR GUARDIANS OF EACH STUDENT 42 ENROLLED IN A PUBLIC SCHOOL WITHIN SUCH DISTRICT AND WHETHER, IF SUCH 43 LANGUAGE IS NOT ENGLISH, SUCH PARENT OR GUARDIAN REQUIRES LANGUAGE 44 ASSISTANCE SERVICES IN ORDER TO COMMUNICATE EFFECTIVELY WITH THE SCHOOL 45 DISTRICT. 46 S 3303. INTERPRETATION SERVICES REQUIRED. 1. EACH SCHOOL DISTRICT 47 SHALL ENSURE THAT DURING REGULAR BUSINESS HOURS A SUFFICIENT NUMBER OF 48 INDIVIDUALS ARE AVAILABLE BY TELEPHONE TO PROVIDE INTERPRETATION 49 SERVICES IN EACH OF THE COVERED LANGUAGES TO MEET THE EXPECTED NEEDS OF 50 PARENTS OR GUARDIANS WHO SEEK TO COMMUNICATE WITH THEIR CHILD'S SCHOOL. 51 WHERE RESOURCES ALLOW, SUCH SERVICES SHALL ALSO BE AVAILABLE THROUGH 52 STAFF MEMBERS WHO SHALL BE PRESENT AT SCHOOLS, REGIONAL OR OTHER DEPART- 53 MENTAL OFFICES, AND OTHER LOCATIONS WHERE PARENTS AND GUARDIANS MAY 54 INTERACT WITH THE SCHOOL DISTRICT, BUT MAY BE PROVIDED AT SUCH LOCATIONS 55 BY TELEPHONE IN THE EVENT THAT A PERSON FLUENT IN THE NECESSARY COVERED 56 LANGUAGE IS NOT AVAILABLE AT SUCH LOCATION. A. 7390 3 1 2. FOR CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, 2 THE DEPARTMENT SHALL PROVIDE INTERPRETATION SERVICES AT MEETINGS OF THE 3 PANEL FOR EDUCATIONAL POLICY EVENTS AT WHICH FOUR HUNDRED OR MORE 4 PERSONS ARE EXPECTED TO ATTEND AND MEETINGS OR EVENTS AT WHICH THE 5 DEPARTMENT REASONABLY BELIEVES THAT TEN PERCENT OR MORE OF THE PERSONS 6 EXPECTED TO ATTEND SPEAK PRIMARY LANGUAGES THAT ARE COVERED LANGUAGES 7 OTHER THAN ENGLISH. SUCH INTERPRETATION SERVICES SHALL BE PROVIDED IN 8 WHICHEVER OF THE COVERED LANGUAGES THE DEPARTMENT EXPECTS WILL BE SPOKEN 9 AS THE PRIMARY LANGUAGE OF THE PERSONS ATTENDING SUCH MEETING OR EVENT. 10 S 3304. TRANSLATION SERVICES REQUIRED. 1. EACH SCHOOL DISTRICT SHALL 11 TRANSLATE THE FOLLOWING DOCUMENTS INTO EACH OF THE COVERED LANGUAGES AND 12 DISSEMINATE SUCH DOCUMENTS TO EACH PUBLIC SCHOOL WITHIN SUCH DISTRICT 13 FOR DISSEMINATION TO PARENTS AND GUARDIANS IN WHICHEVER OF THE COVERED 14 LANGUAGES, IF ANY, IS THEIR PRIMARY LANGUAGE, AS DETERMINED BY SUCH 15 DISTRICT PURSUANT TO SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE: 16 A. THE STANDARDIZED TEXT ON REPORT CARDS AND PERMISSION SLIPS; AND 17 B. DOCUMENTS DISSEMINATED TO ONE THOUSAND OR MORE PARENTS OR GUARDIANS 18 THAT REQUIRE A PARENT OR GUARDIAN TO RESPOND TO THE DEPARTMENT, OR THAT 19 REQUIRE A PARENT OR GUARDIAN TO TAKE AN ACTION IN ORDER TO OBTAIN OR 20 PRESERVE A RIGHT OR BENEFIT WITH RESPECT TO THEIR CHILD'S EDUCATION, OR 21 THAT PROVIDE NOTIFICATION OF AN UPCOMING EVENT THAT CONCERNS THEIR 22 CHILD'S EDUCATION. 23 2. WITH RESPECT TO ANY DOCUMENT THAT THE SCHOOL DISTRICT PRODUCES FOR 24 DISTRIBUTION TO ALL OR SUBSTANTIALLY ALL PARENTS AND GUARDIANS OF 25 STUDENTS IN SUCH SCHOOL DISTRICT AND THAT IT DOES NOT DISTRIBUTE TO ALL 26 PARENTS OR GUARDIANS IN THE PRIMARY LANGUAGE OF SUCH PARENTS OR GUARDI- 27 ANS, AS DETERMINED BY THE SCHOOL DISTRICT PURSUANT TO SECTION 28 THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, AND WHICH DOCUMENT CONCERNS 29 DISCIPLINE OR STUDENTS' HEALTH, SAFETY, RIGHT TO ATTEND SCHOOL OR ANY 30 OTHER LEGAL RIGHT GRANTED TO STUDENTS OR TO THE PARENTS OR GUARDIANS BY 31 LOCAL, CITY, STATE OR FEDERAL LAW, THE SCHOOL DISTRICT SHALL PROVIDE 32 EITHER A COVER LETTER OR A STATEMENT ON THE FACE OF SUCH DOCUMENT, INDI- 33 CATING IN EACH COVERED LANGUAGE HOW TO OBTAIN A FREE TRANSLATION OR 34 INTERPRETATION OF SUCH DOCUMENT FROM THE SCHOOL DISTRICT. 35 3. WITH RESPECT TO ANY DOCUMENT NOT PREPARED FOR BROAD DISTRIBUTION 36 THAT CONCERNS AN INDIVIDUAL STUDENT'S HEALTH, SAFETY, LEGAL OR DISCIPLI- 37 NARY MATTER, RIGHT TO CONTINUE TO RECEIVE PUBLIC EDUCATION OR PLACEMENT 38 IN ANY SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNER OR NON-STANDARD 39 ACADEMIC PROGRAM THE SCHOOL DISTRICT SHALL, IF NOT REQUIRED TO DO OTHER- 40 WISE BY STATE OR FEDERAL LAW, RULE OR REGULATION, PROVIDE SUCH STUDENT'S 41 PARENTS OR GUARDIANS WHOSE PRIMARY LANGUAGE IS A COVERED LANGUAGE OTHER 42 THAN ENGLISH WITH A TRANSLATION OF SUCH DOCUMENT INTO THE APPROPRIATE 43 COVERED LANGUAGE, OR SHALL PROVIDE EITHER A COVER LETTER OR A STATEMENT 44 ON THE FACE OF THE DOCUMENT, INDICATING IN THE APPROPRIATE COVERED 45 LANGUAGE HOW TO OBTAIN A FREE TRANSLATION OR INTERPRETATION OF SUCH 46 DOCUMENT FROM THE SCHOOL DISTRICT. 47 4. EACH SCHOOL DISTRICT SHALL PROVIDE A MECHANISM BY WHICH ITS PUBLIC 48 SCHOOL EMPLOYEES CAN FAX DOCUMENTS OF A REASONABLE LENGTH TO A PERSON OR 49 SERVICE AND RECEIVE BACK A TRANSLATION OF SUCH DOCUMENTS IN ACCORDANCE 50 WITH THE SENDER'S INSTRUCTIONS. SUCH MECHANISM SHALL BE DESIGNED SUCH 51 THAT, UNDER ORDINARY CIRCUMSTANCES, A PRINCIPAL OR TEACHER CAN OBTAIN A 52 TRANSLATION OF A SINGLE-PAGE NOTE OR LETTER WITHIN TWENTY-FOUR HOURS OR 53 BY THE CONCLUSION OF THE NEXT BUSINESS DAY, WHICHEVER IS LATER. 54 S 3305. NOTICE TO PARENTS AND GUARDIANS. 1. EACH SCHOOL DISTRICT SHALL 55 PREPARE IN EACH OF THE COVERED LANGUAGES A SHORT, CONCISE DOCUMENT 56 SETTING FORTH THE RIGHTS OF PARENTS AND GUARDIANS WITH RESPECT TO TRANS- A. 7390 4 1 LATION AND INTERPRETATION SERVICES AS REQUIRED BY THIS ARTICLE AND BY 2 ANY OTHER APPLICABLE LAW, RULE OR REGULATION, AND EXPLAINING HOW TO 3 OBTAIN SUCH SERVICES. SUCH DOCUMENT SHALL BE PROVIDED, IN THE APPROPRI- 4 ATE COVERED LANGUAGE, IF ANY, TO EACH PARENT OR GUARDIAN WHO, AS DETER- 5 MINED BY THE LOCAL SCHOOL DISTRICT PURSUANT TO SECTION THIRTY-THREE 6 HUNDRED TWO OF THIS ARTICLE, REQUIRES LANGUAGE ASSISTANCE SERVICES. 7 COPIES OF SUCH DOCUMENT IN EACH COVERED LANGUAGE SHALL BE PLACED IN EACH 8 PUBLIC SCHOOL OR OFFICE TO WHICH THE PUBLIC HAS ACCESS IN SUFFICIENT 9 QUANTITY THAT IT CAN BE PROVIDED TO ANY MEMBER OF THE PUBLIC WHO ENTERS 10 SUCH SCHOOL OR OFFICE AND REQUIRES LANGUAGE ASSISTANCE SERVICES. 11 2. A SIGN WRITTEN IN EACH OF THE COVERED LANGUAGES SHALL BE DISPLAYED 12 IN A CONSPICUOUS LOCATION IN EACH PUBLIC SCHOOL, SCHOOL DISTRICT OFFICE 13 OR OTHER DEPARTMENTAL OFFICE BUILDING TO WHICH THE PUBLIC HAS ACCESS, 14 INDICATING THE AVAILABILITY AND LOCATION IN SUCH SCHOOL OR BUILDING OF 15 THE DOCUMENT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. 16 3. IN THE EVENT THAT THE SCHOOL DISTRICT DETERMINES THAT TEN PERCENT 17 OR MORE OF THE PARENTS OR GUARDIANS OF THE STUDENTS ATTENDING ANY INDI- 18 VIDUAL SCHOOL SPEAK A PRIMARY LANGUAGE THAT IS NOT A COVERED LANGUAGE, 19 THEN AT SUCH INDIVIDUAL SCHOOL, THE DOCUMENT AND SIGN REQUIRED BY THIS 20 SECTION SHALL BE PREPARED AND MADE AVAILABLE AT SUCH SCHOOL IN SUCH 21 OTHER LANGUAGE IN ADDITION TO THE COVERED LANGUAGES. 22 S 3306. CERTIFICATION OF TRANSLATION. IN THE SCHOOL DISTRICT'S 23 DISCRETION, IT MAY SATISFY THE TRANSLATION REQUIREMENTS OF THIS ARTICLE 24 WITH RESPECT TO ANY DOCUMENT CONCERNING A STUDENT'S EDUCATION THAT MUST 25 BE COMPLETED WITH INFORMATION PROVIDED BY A PARENT OR GUARDIAN WHOSE 26 PRIMARY LANGUAGE, AS DETERMINED BY THE SCHOOL DISTRICT PURSUANT TO 27 SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, IS NOT THE LANGUAGE IN 28 WHICH THE DOCUMENT IS PRINTED, IF SUCH DOCUMENT IS COMPLETED BY EITHER A 29 PARENT OR GUARDIAN OR BY A SCHOOL DISTRICT EMPLOYEE, AND SIGNED BY THE 30 PARENT OR GUARDIAN, PROVIDED THAT SUCH SCHOOL DISTRICT EMPLOYEE CERTI- 31 FIES ON THE FACE OF SUCH DOCUMENT OR UPON AN ATTACHED DOCUMENT, IN SUCH 32 FORM AND MANNER AS DETERMINED BY THE SCHOOL DISTRICT, THAT SUCH EMPLOYEE 33 PROVIDED OR SECURED INTERPRETATION OR TRANSLATION SERVICES FOR EACH 34 PARENT OR GUARDIAN SIGNING THE DOCUMENT, THE EMPLOYEE BELIEVES THAT EACH 35 SUCH PERSON UNDERSTOOD THE PURPOSE OF THE DOCUMENT AND THE INFORMATION 36 BEING PROVIDED IN THE DOCUMENT AND CONVEYED IN THE INTERPRETATION OR 37 TRANSLATION AND EACH SUCH PERSON RECEIVED A COPY OF SUCH DOCUMENT AND 38 SUCH CERTIFICATION. 39 S 3307. DEPARTMENT OF EDUCATION WEBSITE. THE DEPARTMENT SHALL CREATE A 40 SPECIAL WEBSITE WHICH SHALL CONTAIN, ON ITS HOMEPAGE AND ON SUCH OTHER 41 WEB PAGES AS THE DEPARTMENT SHALL DETERMINE IS APPROPRIATE, INFORMATION 42 IN EACH OF THE COVERED LANGUAGES SUFFICIENT TO DIRECT ANY USER WHOSE 43 PRIMARY LANGUAGE IS A COVERED LANGUAGE OTHER THAN ENGLISH TO A RESOURCE 44 ON THE DEPARTMENT'S WEBSITE THAT CONTAINS AN EXPLANATION OF THE RIGHTS 45 OF PARENTS AND GUARDIANS TO TRANSLATION AND INTERPRETATION SERVICES AS 46 REQUIRED BY THIS ARTICLE AND BY ANY OTHER APPLICABLE LAW, RULE OR REGU- 47 LATION, AND EXPLAINING HOW TO OBTAIN SUCH SERVICES. 48 S 3308. REPORTING. 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS 49 SECTION, EACH SCHOOL DISTRICT SHALL REPORT ANNUALLY TO THE LOCAL BOARD 50 OF EDUCATION ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGIN- 51 NING IN DECEMBER, TWO THOUSAND TEN, THE NUMBER OF PARENTS OR GUARDIANS 52 WHO HAD CHILDREN IN THE PUBLIC SCHOOL SYSTEM DURING THE IMMEDIATELY 53 PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED PURSUANT TO 54 SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT ENGLISH, AND, 55 FOR EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF SUCH PARENTS 56 AND GUARDIANS SPEAKING SUCH LANGUAGE. A. 7390 5 1 2. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, 2 EACH COMMUNITY DISTRICT SHALL REPORT TO THE CITY COUNCIL OF THE CITY OF 3 NEW YORK ON OR BEFORE THE FIRST DAY OF DECEMBER OF EACH YEAR, BEGINNING 4 IN DECEMBER, TWO THOUSAND TEN, THE NUMBER OF PARENTS OR GUARDIANS WHO 5 HAD CHILDREN IN THE NEW YORK CITY PUBLIC SCHOOL SYSTEM DURING THE IMME- 6 DIATELY PRECEDING SCHOOL YEAR WHOSE PRIMARY LANGUAGE, AS DETERMINED 7 PURSUANT TO SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE, WAS NOT 8 ENGLISH, AND, OF EACH COVERED LANGUAGE OTHER THAN ENGLISH, THE NUMBER OF 9 SUCH PARENTS AND GUARDIANS SPEAKING SUCH LANGUAGE. 10 3. SUCH REPORT SHALL ALSO STATE, WITH RESPECT TO SUCH REPORTING PERI- 11 OD: 12 A. NUMBER OF DISTINCT DOCUMENTS THAT THE SCHOOL DISTRICT TRANSLATED 13 INTO THE COVERED LANGUAGES AND THE GENERAL NATURE OF SUCH DOCUMENTS; 14 B. NUMBER OF MEETINGS AT WHICH THE SCHOOL DISTRICT PROVIDED INTERPRE- 15 TATION SERVICES AND THE LANGUAGES FOR WHICH IT PROVIDED SUCH SERVICES; 16 C. ANNUAL BUDGET FOR LANGUAGE ASSISTANCE SERVICES; 17 D. NUMBER OF EMPLOYEES WHOSE PRIMARY JOB FUNCTION IS TO PROVIDE SUCH 18 LANGUAGE ASSISTANCE SERVICES; AND 19 E. NUMBER OF TIMES INTERPRETATION SERVICES WERE PROVIDED BY TELEPHONE, 20 AND THE LANGUAGES IN WHICH SUCH SERVICES WERE PROVIDED. 21 S 3309. GENERAL PROVISIONS. NOTHING IN THIS ARTICLE SHALL: 22 1. PRECLUDE A PARENT OR GUARDIAN FROM HAVING AN ADULT VOLUNTEER, A 23 RELATIVE SIXTEEN YEARS OF AGE OR OLDER, A SPOUSE OR A DOMESTIC PARTNER 24 PROVIDE TRANSLATION OR INTERPRETATION SERVICES FOR SUCH INDIVIDUAL. 25 2. BE CONSTRUED AS PREVENTING THE SCHOOL DISTRICT FROM COMPLYING WITH 26 ANY PROVISION OF STATE OR FEDERAL LAW CONCERNING TRANSLATION OR INTER- 27 PRETATION. 28 3. BE CONSTRUED AS PROHIBITING THE SCHOOL DISTRICT FROM EXCEEDING THE 29 MANDATES OF THIS ARTICLE, FROM RELYING UPON THE RESOURCES OF OTHER CITY, 30 STATE OR FEDERAL AGENCIES, OR FROM TRANSLATING DOCUMENTS INTO, OR 31 PROVIDING INTERPRETATION SERVICES IN, LANGUAGES OTHER THAN THE COVERED 32 LANGUAGES. 33 4. BE CONSTRUED AS PROHIBITING THE SCHOOL DISTRICT FROM UTILIZING 34 BOCES AS A DESIGNATED AGENCY TO ADMINISTER THE PROGRAM SET FORTH IN THIS 35 ARTICLE OR AS A SOURCE OF FINANCIAL AID FOR SUCH PROGRAM. 36 5. REQUIRE THE SCHOOL DISTRICT TO TRANSLATE DOCUMENTS OR PROVIDE 37 INTERPRETATION FOR MATTERS THAT DO NOT CONCERN A STUDENT'S EDUCATION, OR 38 THAT ARE PROLIX OR ARE UNINTELLIGIBLE. 39 6. REQUIRE THE SCHOOL DISTRICT TO TRANSLATE OR INTERPRET LEGAL DOCU- 40 MENTS NOT OTHERWISE REQUIRED TO BE TRANSLATED BY THIS CHAPTER, INCLUD- 41 ING, BUT NOT LIMITED TO, LEGAL DOCUMENTS GENERATED BY OR FOR USE IN A 42 PROCEEDING NOT HELD BY THE SCHOOL DISTRICT, EXCEPT TO PROVIDE UPON 43 REQUEST A GENERAL EXPLANATION OF THE NATURE OF SUCH DOCUMENTS IF SUCH 44 DOCUMENTS CONCERN THE PUBLIC EDUCATION OF THE PARENT'S OR GUARDIAN'S 45 CHILD. 46 S 3. Severability clause. If any clause, sentence, paragraph, subdivi- 47 sion, section or part of this act shall be adjudged by any court of 48 competent jurisdiction to be invalid, such judgment shall not affect, 49 impair, or invalidate the remainder thereof, but shall be confined in 50 its operation to the clause, sentence, paragraph, subdivision, section 51 or part thereof directly involved in the controversy in which such judg- 52 ment shall have been rendered. It is hereby declared to be the intent of 53 the legislature that this act would have been enacted even if such 54 invalid provisions had not been included herein. 55 S 4. This act shall take effect on the one hundred eightieth day after 56 it shall have become a law.