Bill Text: NY S04564 | 2009-2010 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S04564 Detail]

Download: New_York-2009-S04564-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4564
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by  Sen.  PARKER -- 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  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 42 to read as follows:
    3    42.  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  IN  THEIR
    9  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.
   23    C.  EACH  SCHOOL DISTRICT SHALL KEEP A RECORD DOCUMENTING ITS LANGUAGE
   24  ASSISTANCE PROGRAM AND SHALL SUBMIT A SUMMARY  REPORT  ANNUALLY  TO  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01206-01-9
       S. 4564                             2
    1  COMMISSIONER.  SUCH  RECORD AND REPORT SHALL INCLUDE, BUT NOT BE LIMITED
    2  TO:
    3    (1)  THE NUMBER OF LIMITED ENGLISH PROFICIENT PARENTS WHO RECEIVE SUCH
    4  ASSISTANCE;
    5    (2) THE NUMBER OF LIMITED  ENGLISH  PROFICIENT  HOUSEHOLDS  WHERE  ONE
    6  PARENT IS ENGLISH LANGUAGE PROFICIENT; AND
    7    (3)  THE  NUMBER  OF  COMPLAINTS  FILED  BY LIMITED ENGLISH PROFICIENT
    8  PARENTS; AND
    9    (4) THE NUMBER OF BILINGUAL PERSONNEL USED TO ASSIST IN  THE  LANGUAGE
   10  ASSISTANCE AND TRANSLATION SERVICES.
   11    D. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
   12  BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
   13  INCLUDING  BUT NOT LIMITED TO, THE METHODOLOGY TO BE USED BY EACH SCHOOL
   14  DISTRICT TO DETERMINE OR ASSESS THE PRIMARY  LANGUAGES,  THE  NUMBER  OF
   15  LIMITED  ENGLISH  PROFICIENT  PARENTS, THE PERCENTAGE OF LIMITED ENGLISH
   16  PROFICIENT PARENTS TO STUDENTS AND THE NATIVE LANGUAGE OF  SUCH  LIMITED
   17  ENGLISH PROFICIENT PARENTS, AND A COMPLAINT PROCEDURE FOR ANY PARENT WHO
   18  ALLEGES  A  SCHOOL'S NON-COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVI-
   19  SION.
   20    E. FOR PURPOSES OF THIS SUBDIVISION:
   21    (1) "PRIMARY LANGUAGE" MEANS ONE OF THE FIVE MOST COMMON LANGUAGES  IN
   22  A  SCHOOL  DISTRICT, OTHER THAN ENGLISH, (I) SPOKEN AND USED TO COMMUNI-
   23  CATE, BY LIMITED ENGLISH PROFICIENT PARENTS AND (II) NON-ENGLISH  SPEAK-
   24  ING  RESIDENTS  OR  LIMITED  ENGLISH PROFICIENT PARENTS CONSTITUTES MORE
   25  THAN FIVE PERCENT OF THE RESIDENTS OF A SCHOOL DISTRICT,  AS  DETERMINED
   26  BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUS.
   27    (2)  "LIMITED ENGLISH PROFICIENT PARENTS" MEANS PARENTS OR PARENT OF A
   28  MINOR CHILD WHO ATTENDS PUBLIC SCHOOL AND  SUCH  PARENTS  OR  PARENT  IS
   29  UNABLE  TO  COMMUNICATE  EFFECTIVELY IN ENGLISH WITH TEACHERS AND SCHOOL
   30  PERSONNEL AT THE SCHOOL ATTENDED BY HIS OR HER CHILD.
   31    F. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A SCHOOL  DISTRICT  FROM
   32  ENTERING  INTO  A  COOPERATIVE  AGREEMENT WITH OTHER SCHOOL DISTRICTS TO
   33  JOINTLY ESTABLISH SUCH A LANGUAGE ASSISTANCE PROGRAM.
   34    S 2. This act shall take effect on the one hundred eightieth day after
   35  it shall have become a law. Effective immediately, the addition,  amend-
   36  ment and/or repeal of any rule or regulation necessary for the implemen-
   37  tation  of  this act on its effective date are authorized to be made and
   38  completed on or before such effective date.