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This entry was published on 2022-07-08
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Language translation services
Executive (EXC) CHAPTER 18, ARTICLE 10
§ 202-a. Language translation services. 1. Each state agency that
provides direct public services in New York state shall translate all
vital documents relevant to services offered by the agency into the
twelve most common non-English languages spoken by limited-English
proficient individuals in the state, based on the data in the most
recent American Community Survey published by United States Census
Bureau. Agencies subject to this section, in their discretion, may offer
up to four additional languages beyond the twelve most common languages.
Such additional languages shall be decided by the state agency in
consultation with the office of general services and approved by the
office of general services based on the number of limited-English
proficient immigrants of five years or less in New York state in need of
language translation services according to the American Community
Survey, including the growth of recent arrival populations in the
geographic regions in which the agency's services are offered, the
population of limited-English proficient individuals served by the
agency, feedback from impacted community or advocacy groups, and any
other relevant data published by the United States Census Bureau.

2. Each agency subject to the provisions of this section shall
designate a language access coordinator who will work with the office of
general services to ensure compliance with the requirements of this

3. Each agency subject to the provisions of this section shall develop
a language access plan and submit such plan to the office of general

(a) An agency's initial language access plan shall be issued by the
agency within ninety days of the effective date of this section.

(b) Language access plans shall be updated and reissued every two
years on or before January first.

(c) Language access plans shall set forth, at a minimum:

(i) when and by what means the agency will provide or is already
providing language assistance services;

(ii) the titles of all available translated documents and the
languages into which they have been translated;

(iii) the number of public contact positions in the agency and the
number of bilingual employees in public contact positions, and the
languages such employees speak;

(iv) a training plan for agency employees which includes, at minimum,
annual training on the language access policies of the agency and
training in how to provide language assistance services;

(v) a plan for annual internal monitoring of the agency's compliance
with this section;

(vi) a description of how the agency intends to notify the public of
the agency's offered language assistance services;

(vii) an assessment of the agency's service populations to determine
whether additional languages of translation should be added beyond the
top twelve languages;

(viii) an explanation as to how the agency determined it would provide
any additional language beyond the top twelve languages required by this
section; and

(ix) the identity of the agency's language access coordinator.

4. Each agency subject to the provisions of this section shall:

(a) provide interpretation services between the agency and an
individual in each individual's primary language with respect to the
provision of services or benefits by the agency; and

(b) publish the agency's language access plan on the agency's website.

5. For purposes of this section, "vital document" means any paper or
digital document that contains information that is critical for
obtaining agency services or benefits or is otherwise required to be
completed by law.

6. The office of general services will ensure agency compliance with
this section and shall prepare an annual report, which shall be made
public on the office of general services website, detailing each
agency's progress and compliance with this section.