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. LBD02253-01-3A. 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 locationsA. 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 ofA. 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.