NY State Senate Bill 2017-S2859

Senate Bill S2859

2017-2018 Legislative Session

Requires school districts to establish a language assistance program for limited English proficient parents of students

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jan 17, 2017	referred to education

2017-S2859 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4564
2011-2012: S1156
2013-2014: S2630
2015-2016: S1064
2019-2020: S4872
2021-2022: S4968
2023-2024: S5228

2017-S2859 (ACTIVE) - Summary

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.

2017-S2859 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2859

 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

 PURPOSE :

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.

 JUSTIFICATION :

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.

 LEGISLATIVE HISTORY :

2015-2016: S.1064A - Amend and Recommit to Education
2013-2014: S.2360A/A.1974A - Died in Education
2011-2012: S.1145A - Referred to Education
2009-2010: S.4564/A.474 - Referred to Education
2007-2008: A.4781 - Education
2006-2007: A.4781 - Education

 FISCAL IMPACT ON TEE STATE :

To be determined.

 EFFECTIVE DATE :
This act shall take effect 180th day with provisions.

2017-S2859 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2859
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 56 to read as follows:
   56.  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 LIMITED
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00511-02-7

 S. 2859                             2
 
 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.
   § 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 are authorized to be made and
 completed on or before such effective date.

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