NY State Senate Bill 2023-S463

Senate Bill S463

2023-2024 Legislative Session

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

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Current 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, 2024	referred to education
Jan 04, 2023	referred to education

co-Sponsors

2023-S463 (ACTIVE) - Details

See Assembly Version of this Bill:: A6742
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8634
2019-2020: S1697
2021-2022: S635

2023-S463 (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.

2023-S463 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S463

SPONSOR: SEPULVEDA
 
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 that parents who cannot speak English proficiently have
adequate access to education related documents, procedures, teachers,
and school personnel.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 305 the education law by adding new subdivision
57 to require public school districts to establish a language assistance
program where a limited English proficient parents would have effective
access to communicate with school regarding their children's education.
This subdivision only applies to school districts where non english

speaking residents or limited English speaking parents constitute five
percent or greater of the residents of such school district

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The bill is necessary to better serve those parents in the state of New
York who cannot understand the English language. Many parents are immi-
grants who come to this country seeking educational opportunities for
their children. Studies have shown that parental involvement is impor-
tant to a student's success in school. However, parents with limited
English proficiency cannot be involved in their children's education. In
order to better facilitate communication between children and their
parents, it is imperative to implement language assistance programs that
will enable parents to be full participants in their children's educa-
tion.

 
LEGISLATIVE HISTORY:

S.635 of 2022: referred to education;

S.635 of 2021, referred to education;

S.1697 of 2020, referred to education;

S.1697 of 2019, referred to education;

S.8634 of 2018, referred to education

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

2023-S463 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    463
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  GOUNARDES  --  read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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 57 to read as follows:
   57. 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 ARE 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01437-01-3
 S. 463                              2

 
   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, SPOKEN AND USED TO COMMUNICATE,
 BY LIMITED ENGLISH PROFICIENT PARENTS.
   (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.
   G.  THIS  SUBDIVISION  SHALL ONLY APPLY TO SCHOOL DISTRICTS WHERE NON-
 ENGLISH SPEAKING RESIDENTS OR LIMITED ENGLISH PROFICIENT PARENTS CONSTI-
 TUTE MORE THAN FIVE PERCENT OF THE RESIDENTS OF SUCH SCHOOL DISTRICT, AS
 DETERMINED BY DATA FROM THE TWO MOST RECENT FEDERAL DECENNIAL CENSUSES.
   § 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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Senate Bill S463

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Sponsored By

Luis R. Sepúlveda