Queens Tribune
 
....January 12, 4:59 PM
 
 
   
Language Lessons: Law That Would Mandate School Translation Hammered By Opponents, May Face Veto

Students of all nationalities attend Queens schools.

By ANDREW MOESEL

When recently visiting a friend at a Queens hospital, Bryan Pu-Folkes, a community activist, noticed a commotion coming from a nearby bed in the emergency room. A medical professional was attempting to give medical advice in English to a patient who only spoke Spanish. The two clearly could not communicate.

Soon other patients had to chime in to create a dialogue between patient and the hospital staff. Pu-Folkes, who heads an immigrant rights group in Queens, said it was the model of a situation his organization fears and works to prevent.

For new immigrants, language barriers can sometimes hinder the ability to obtain even the most essential government services, advocates say. In recent years, federal, state and city legislation has started to extend a helping hand to immigrants who are struggling to interact with a foreign system, calling for mandatory translation services or providing documents in a host of languages.

But a recent City Council bill has pushed the envelope, requiring the Department of Education to spend as much as $20 million to help parents understand school materials like report cards and course literature. Critics say the legislation goes too far in pandering to foreign born residents, who should be encouraged to learn English sooner rather than later.

In a city that prides itself on its diversity, the issue of language access can be tricky to negotiate. The discussion rests on a slippery slope where the footholds are race, fiscal responsibility, patriotism and other politically volatile subjects. Sometimes the different sides sound like they are speaking different languages.

Global City
Both borough residents and officials are fond of bragging that Queens is a microcosm of the world – as some like to call it: the most diverse place on earth. That diversity can be seen strolling down the street in billboards, store signs, or the conversations of passersby, all in a jumbled mix of over100 different languages.

Although the United States has no official language, English remains the predominant speech, even in New York City. Yet in Queens, more than 40 percent of residents are not proficient in English, according to some estimates. And while Queens represents the extreme end of the cultural spectrum, similar situations are common in urban centers around the country.

The organized movement to provide language assistance to these populations is relatively recent, however, first gaining momentum around the Civil Rights era in the 1960s. Bill Clinton then provided legal footing for future legislation with an executive order in 2000, which stated that the protection from discrimination based on nationality extended to language, said Stefanie Trice, a senior associate director at Elmhurst Hospital.

In 2003, Elmhurst hired Trice to run a new division devoted to handling language and diversity issues. Since then, the hospital has formalized and centralized its translation services, training almost all employees how to access language assistance.

City immigrant groups channeled the new influence and lobbied for increased language access to city agencies. In 2004, they successfully supported the passage of Introduction No. 38-A, dubbed the Language Access Bill, which mandated that the Department of Health and the Human Resources Administration must distribute their materials in at least six languages.

Legislation has also been introduced to translate the city’s Web site into more dialects.

“In the last 30-40 years, we have had an incredible increase in the amount and the diversity of immigrant populations in New York City and the country,” Pu-Folkes said. “We are beginning to see a rise in the political strength that correlates to that increase in numbers.”
Councilman Dennis Gallagher (R-Middle Village) represents the opposition to this movement and has repeatedly voted against measures that would make the city administration multi-lingual.

“We have to find a commonality. Great nations have something to bind them economically, culturally and politically, and that has always been language,” Gallagher said. “We as Americans should have a language and that should be English.”

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Businesses that show no English signage at all have come under fire.

Parental Oversight
A bill that passed the City Council last month, called the Education Equity Act, has brought these two sides into new conflict. The bill creates framework for schools to provide language assistance in the eight most popular languages to parents of their students, including offering translation services at teacher conferences and PTA meetings.

Up to half the parents with children in the public school system have trouble understanding English, said Jose Devila, education reform coordination at the New York Immigration Coalition.

In a 2001 study co-authored by the New York Immigration Coalition, 94 percent of teachers surveyed said they needed support services to communicate with parents, and 70 percent cited language as a significant barrier in dealing with parents.

Councilman John Liu (D-Flushing), whose parents spoke little English during his own education, said enabling parents to participate in their children’s education should be a priority for the city’s school system. The DOE already invests millions in developing parent-teacher relationships, and language services should become part of that budget, he said.

“If we think we don’t need parental involvement, then we don’t need to do this, but a great deal is being invested, and this needs to be part of the equation as well,” Liu said.

That funding, which could exceed $40 million over two years, would be better used in English as Second Language programs or inside the classrooms themselves, Gallagher said. He said he thinks this legislation could set a dangerous precedent: If student report cards are translated, why not tax forms, building permits or street signs? The cost could become astronomical, he said.
Gabriel Tapalaga, a lawyer in Middle Village, elaborated on that point, arguing that bill does not help Ukrainians, Romanians or any one of 100 different ethnicities not listed in the legislation. Citing statistics from the City Council, Tapalaga said the vast majority of the student population and their families still speak English, even if it’s not their primary language.

“We are opening up a can of worms,” Tapalga said. “Fiscally, it’s taking the city in a direction that could be devastating, and I just don’t see it being warranted.”

The bill originally passed the City Council 35-11, with 5 abstentions, a particularly close vote by council standards, officials said. Opponents are only missing one vote to stop an override of a mayoral veto, and some suspect they could get it.

City Hall spokesman Jordan Barowitz said Mayor Michael Bloomberg considers the bill illegal because it infringes on his authority to administer the DOE. He has not yet decided to veto the bill, but may be leaning toward it, Barowitz said.

It could be a lose-lose situation for Bloomberg, who in the past has drawn political support from immigrant groups. New York Immigration Coalition plans to hold a protest Thursday pressuring the Mayor to sign the bill. Tapalaga said he’s considering suing if he does.

The Writing’s on the Wall
There have also been legislative initiatives to force immigrant groups to become more inclusive with the English speaking population. In Albany last week, Assemblyman Brian McLaughlin (D-Flushing) introduced a bill that hopes to increase enforcement of a statute requiring all business to display their name and address in English.

State Sen. Frank Padavan (R-Bellerose) sponsored a companion bill, which allows the Department of Consumer affairs to issue tickets for the infraction. Previously, it had been the responsibility of police to enforce the law, but they had little interest in following through, Padavan said.

Universal signage, in this case English, is important to allow firemen and police to find locations quickly in case of emergency, Padavan said. Consumers also will be able to identify stores that have poor business practices and report them, he said.

“How can you complain if you don’t know the name of the store?” Padavan said.

The bill’s intent appears to be a new attack on an old subject, which was raised in 2002 when a Flushing billboard that contained no English at all dominated the sky. A survey of stores in Flushing showed the majority did have written or graphic representations to explain the business, but some lacked English entirely.

In response, Councilman Tony Avella (D-Bayside) drafted legislation to mandate English signage. Though it has not been adopted, the issue has lingered. The new bills before the state Legislature specifically seek to supersede any potential city action, while keeping the intent of local legislation.

McLaughlin, a perennial diplomat among his diverse district, called his bill, “more procedural than substantive.”

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