Establishes the education equity act which provides language assistance to parents/guardians who have children enrolled in public school and who do not speak English

1 Co-sponsor

• Diane J. Savino

BILL NUMBER:S2718A

Title of bill

An act to amend the education law, in relation to establishing the education equity act

Purpose

The purpose of the bill is to encourage parental involvement and participation by providing appropriate translation services to non-English speaking parents with children enrolled in New York state schools.

Summary of provisions

Section 1 titles the act the "Education Equity Act."

Section 2 adds a new article 66 to the education law to require school districts to create an annual language assistance plan to assess language needs within the district. Districts are required to determine the primary language of the parents of enrolled students, and provide interpretation services for two languages spoken by more than two percent of the population of the school district, or, for eight languages in a community district of the City of New York. Additionally, school districts are required to provide translations of certain documents sent to parents in regards to a child's education, including report cards and permission slips and all documents pertaining to a student's health, safety, placement, or discipline, and any document prepared for broad distribution, or to provide translated cover sheets detailing where and how to get a free translation. School districts shall also provide a notice to parents and guardians of their rights to translation services. Allows an employee to certify a document affirming that translation services have been provided, and that the employee believes each person understood the document. Also requires the Department of Education to establish web pages detailing the rights of parents t o translation services in each covered language. Requires school districts to report on the utilization of translation services to local school boards annually.

Section 3 provides that if one portion of the law is declared unconstitutional or invalid, the remaining portion shall be unaffected.

Section 4 provides an effective date of 180 days after having become law.

Existing law

Under current law, school districts and the Department of Education provide basic language assistance to parents and guardians, but is not required to provide translation services for most documents such as report cards and school notices.

Justification

Parental involvement in education is one of the most important factors of a child's success in school. However, with more than 200 languages spoken in New York state, many parents are prevented from

meaningfully participating in their children's education by their inability to speak English. In New York City, for example, more than 43% of students' families speak a language other than English at home. For those who speak limited English, the availability of translation and interpretation services is limited, and usually confined to legal documents and notices. Therefore, it is necessary to increase access to free and accessible translation services to parents who do not speak English in schools. This legislation would require school districts to provide basic translation services in two languages spoken by 2% or more of the population of the district.

Legislative history

2005-2006: S.8234 Serrano - Referred to Rules 2007-2008: S.3131 Serrano - Referred to Education 2009-2010: Senate & Assembly Referred to Education

Fiscal implications

To be determined.

Effective date

This local law shall take effect on the one hundred eightieth day after it shall have become law.