§ 202-A — Language translation services

§ 202-a. Language translation services. 1. Each state agency that\nprovides direct public services in New York state shall translate all\nvital documents relevant to services offered by the agency into the\ntwelve most common non-English languages spoken by limited-English\nproficient individuals in the state, based on the data in the most\nrecent American Community Survey published by United States Census\nBureau. Agencies subject to this section, in their discretion, may offer\nup to four additional languages beyond the twelve most common languages.\nSuch additional languages shall be decided by the state agency in\nconsultation with the office of general services and approved by the\noffice of general services based on the number of limited-English\nproficient immigrants of five years or less in New York state in need of\nlanguage translation services according to the American Community\nSurvey, including the growth of recent arrival populations in the\ngeographic regions in which the agency's services are offered, the\npopulation of limited-English proficient individuals served by the\nagency, feedback from impacted community or advocacy groups, and any\nother relevant data published by the United States Census Bureau.\n 2. Each agency subject to the provisions of this section shall\ndesignate a language access coordinator who will work with the office of\ngeneral services to ensure compliance with the requirements of this\nsection.\n 3. Each agency subject to the provisions of this section shall develop\na language access plan and submit such plan to the office of general\nservices.\n (a) An agency's initial language access plan shall be issued by the\nagency within ninety days of the effective date of this section.\n (b) Language access plans shall be updated and reissued every two\nyears on or before January first.\n (c) Language access plans shall set forth, at a minimum:\n (i) when and by what means the agency will provide or is already\nproviding language assistance services;\n (ii) the titles of all available translated documents and the\nlanguages into which they have been translated;\n (iii) the number of public contact positions in the agency and the\nnumber of bilingual employees in public contact positions, and the\nlanguages such employees speak;\n (iv) a training plan for agency employees which includes, at minimum,\nannual training on the language access policies of the agency and\ntraining in how to provide language assistance services;\n (v) a plan for annual internal monitoring of the agency's compliance\nwith this section;\n (vi) a description of how the agency intends to notify the public of\nthe agency's offered language assistance services;\n (vii) an assessment of the agency's service populations to determine\nwhether additional languages of translation should be added beyond the\ntop twelve languages;\n (viii) an explanation as to how the agency determined it would provide\nany additional language beyond the top twelve languages required by this\nsection; and\n (ix) the identity of the agency's language access coordinator.\n 4. Each agency subject to the provisions of this section shall:\n (a) provide interpretation services between the agency and an\nindividual in each individual's primary language with respect to the\nprovision of services or benefits by the agency; and\n (b) publish the agency's language access plan on the agency's website.\n 5. For purposes of this section, "vital document" means any paper or\ndigital document that contains information that is critical for\nobtaining agency services or benefits or is otherwise required to be\ncompleted by law.\n 6. The office of general services will ensure agency compliance with\nthis section and shall prepare an annual report, which shall be made\npublic on the office of general services website, detailing each\nagency's progress and compliance with this section.\n