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.
TITLE OF BILL: 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
To ensure parents who cannot speak English proficiently have adequate access to education related documents and procedures.
SUMMARY OF PROVISIONS:
The bill adds a new subdivision to the Education law, which would require all school districts to establish a language assistance program where a limited English proficient parent would have effective access to communicate with school regarding their children's education.
Each school district will also keep a record documenting the effectiveness of language assistance program, and develop a complaint procedure for any Parent who alleges the school's noncompliance with the provisions of this section.
The bill is necessary to better serve those parents in the state of New York who cannot speak or understand the English language, or have difficulty doing so proficiently. Although a number of studies have shown that parental involvement is important to a student's success in school, parents with limited English proficiency cannot be involved in their children's education. Many of such parents are immigrants who come to this country seeking educational opportunity for their children. In order to better facilitate communication between children and their parents, and parents and their children's schools, it is imperative to implement language assistance programs that will enable parents to fully Participate in their children's education.
2011-12: S.1145A - Referred to Education 200910: S.4564/A.474 - Referred to Education 2007-08: A.4781 - Education 2006-07: A.4781 - Education
FISCAL IMPACT ON TEE STATE:
To be determined.
This act shall take effect 180th day with provisions.
STATE OF NEW YORK ________________________________________________________________________ 2630--A 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Section 305 of the education law is amended by adding a new subdivision 44 to read as follows: 44. A. ALL SCHOOL DISTRICTS SHALL ESTABLISH A LANGUAGE ASSISTANCE PROGRAM WHERE LIMITED ENGLISH PROFICIENT PARENTS WOULD HAVE EFFECTIVE ACCESS TO COMMUNICATE WITH TEACHERS AND SCHOOL PERSONNEL. THIS COMPRE- HENSIVE PROGRAM SHALL INCLUDE, BUT IS NOT LIMITED TO: (1) PROVIDING THAT ALL FREQUENTLY USED FORMS AND OTHER WRITTEN MATERI- ALS THAT ARE SENT HOME TO LIMITED ENGLISH PROFICIENT PARENTS IN THEIR PRIMARY LANGUAGE; (2) PROVIDING LANGUAGE ASSISTANCE TO LIMITED ENGLISH PROFICIENT PARENTS IN THEIR PRIMARY LANGUAGE WHO CALL OR COME INTO SCHOOL WITH CONCERNS RELATED TO THEIR CHILD'S SCHOOLING; (3) PROVIDING LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFI- CIENT PARENTS IN THEIR PRIMARY LANGUAGE TO FACILITATE PARENT ATTENDANCE AT SCHOOL-SPONSORED PROGRAMS DESIGNED FOR COMMUNICATION WITH PARENTS INCLUDING, BUT NOT LIMITED TO, PARENT-TEACHER CONFERENCES, WORKSHOPS AND SCHOOL FAIRS. B. A NOTICE OF THE AVAILABILITY OF THE LANGUAGE ASSISTANCE PROGRAMS FOR LIMITED ENGLISH PROFICIENT PARENTS ESTABLISHED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION SHALL BE MAILED TO THE HOMES OF SUCH LIMITEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03067-02-4 S. 2630--A 2
ENGLISH PROFICIENT PARENTS IN A NOTICE WRITTEN IN THEIR PRIMARY LANGUAGE. C. EACH SCHOOL DISTRICT SHALL KEEP A RECORD DOCUMENTING ITS LANGUAGE ASSISTANCE PROGRAM AND SHALL SUBMIT A SUMMARY REPORT ANNUALLY TO THE COMMISSIONER. SUCH RECORD AND REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) THE NUMBER OF LIMITED ENGLISH PROFICIENT PARENTS WHO RECEIVE SUCH ASSISTANCE; (2) THE NUMBER OF LIMITED ENGLISH PROFICIENT HOUSEHOLDS WHERE ONE PARENT IS ENGLISH LANGUAGE PROFICIENT; AND (3) THE NUMBER OF COMPLAINTS FILED BY LIMITED ENGLISH PROFICIENT PARENTS; AND (4) THE NUMBER OF BILINGUAL PERSONNEL USED TO ASSIST IN THE LANGUAGE ASSISTANCE AND TRANSLATION SERVICES. D. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION, INCLUDING BUT NOT LIMITED TO, THE METHODOLOGY TO BE USED BY EACH SCHOOL DISTRICT TO DETERMINE OR ASSESS THE PRIMARY LANGUAGES, THE NUMBER OF LIMITED ENGLISH PROFICIENT PARENTS, THE PERCENTAGE OF LIMITED ENGLISH PROFICIENT PARENTS TO STUDENTS AND THE NATIVE LANGUAGE OF SUCH LIMITED ENGLISH PROFICIENT PARENTS, AND A COMPLAINT PROCEDURE FOR ANY PARENT WHO ALLEGES A SCHOOL'S NON-COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVI- SION. E. FOR PURPOSES OF THIS SUBDIVISION: (1) "PRIMARY LANGUAGE" MEANS ONE OF THE FIVE MOST COMMON LANGUAGES IN A SCHOOL DISTRICT, OTHER THAN ENGLISH, (I) SPOKEN AND USED TO COMMUNI- CATE, BY LIMITED ENGLISH PROFICIENT PARENTS AND (II) NON-ENGLISH SPEAK- ING RESIDENTS OR LIMITED ENGLISH PROFICIENT PARENTS CONSTITUTES MORE THAN FIVE PERCENT OF THE RESIDENTS OF A SCHOOL DISTRICT, AS DETERMINED BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUSES. (2) "LIMITED ENGLISH PROFICIENT PARENTS" MEANS PARENTS OR PARENT OF A MINOR CHILD WHO ATTENDS PUBLIC SCHOOL AND SUCH PARENTS OR PARENT IS UNABLE TO COMMUNICATE EFFECTIVELY IN ENGLISH WITH TEACHERS AND SCHOOL PERSONNEL AT THE SCHOOL ATTENDED BY HIS OR HER CHILD. F. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A SCHOOL DISTRICT FROM ENTERING INTO A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS TO JOINTLY ESTABLISH SUCH A LANGUAGE ASSISTANCE PROGRAM. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized to be made and completed on or before such effective date.