Legal Services NYC Requires NYC Department of Education to Provide Language Access to Non-English Speaking Residents in Recent Settlement 

Legal Services NYC announced today a settlement with the New York City Department of Education (DOE) requiring the nation’s largest school system to address critical gaps in language access for families with limited English proficiency (LEP). The settlement is the result of a 2019 federal civil rights lawsuit filed by Legal Services NYC on behalf of the Alliance for Families with Developmental Needs (AFDN) and four LEP parents of NYC school children who were denied adequate translation and interpretation services by the NYC DOE, including during emergency situations involving their children and academic evaluation meetings related to their children’s disabilities. New York City is home to over 1.8 million residents who are Limited English Proficient.  

“I am very grateful for this case and this outcome,” said Hui Qin Liu, a plaintiff in the case. “We as parents are our children’s biggest advocates and will do anything we can to make sure they succeed in school and life, even sue the DOE. It was like torture to not be able to get updates on my child, especially during emergency situations, so it was such a relief when we filed this case and I started getting notices from the school in Chinese. With this settlement, I am hopeful that others can get the translation and interpretation services they need to make sure their children are safe and are getting the academic supports they need.”   

The settlement mandates comprehensive reforms to DOE interpretation and translation practices, ensuring that families who speak languages other than English can fully participate in their children’s education. These reforms include: 

• Mandatory Training for Staff: DOE staff, including principals and school nurses, will undergo mandatory training on language access rights, effective practices for interpretation and translation, and how to access these services. 
   

• Improved Access to Critical Documents: The DOE will centrally translate Individualized Education Programs (IEPs), Section 504 plans, and special education evaluations upon request, ensuring timely delivery in nine covered languages. 
   

• Language Access Coordinators: Each school will designate a Language Access Coordinator to support the provision of translation and interpretation services. 
   

• Clear Communication with Families: The DOE will inform parents about the availability of free language services through letters, robocalls, social media posts, and multilingual posters prominently displayed in schools. 
   

• Accountability Measures: The DOE will track and report language access metrics, including the number of translated documents and interpretation requests fulfilled, to ensure compliance and identify areas for improvement. 
   

The 2019 lawsuit alleged the DOE violated the Title VI of the Civil Rights Act of 1964, the NYC Human Rights Law, the Equal Educational Opportunities Act, and the DOE’s own Language Access Plan and Chancellor Regulations designed to ensure that the DOE provides LEP parents with translated documents and interpreters so they can participate in and have access to programs and services critical to their child’s education. The lawsuit also highlighted the severe consequences of the DOE’s inadequate language access practices, including one parent who received a phone call that her 8-year-old daughter had a seizure and was taken to the hospital and was barely able to make out which hospital. Parents were also denied meaningful access to their children’s academic meetings when refused translation services, often leaving them unable to advocate for essential services. In one case, a parent was told to “learn English” by a DOE staff member when requesting an interpreter. 

“There are over 800 languages spoken in the five boroughs and it is this diversity that breathes life into the city. This settlement is a victory for the tens of thousands of LEP parents who have long been excluded from fully participating in their children’s education due to language barriers,” said M’Ral Broodie-Stewart, a senior staff attorney at Legal Services NYC. “Every parent deserves to understand and engage in critical decisions about their child’s health, safety, and educational progress. This agreement establishes a roadmap for ensuring that right.” 

“If parents do not understand English, they cannot know or understand their child’s situation at school,” said Sim Looi, President of the Alliance for Families with Developmental Needs (AFDN). “As parents, they want their child to make progress, but they have no way to communicate with the school. Further, they cannot understand the reports their child brings home from school, nor can they grasp the content of school notices, leaving them completely unaware of what is happening. Without English proficiency, they are unable to read or understand school communications. When information is available in their own language, parents can clearly understand their child’s progress and communicate with the school — this is the happiest moment for parents. With Chinese translation available, parents no longer have to fear going to school and communicating with the school. Instead, they can become bolder and advocate for the rights and benefits their children deserve.” 

Legal Services NYC will monitor the implementation of these changes to ensure that the NYC Department of Education is meeting its obligations under civil rights and disability laws.