Overview of Legal Requirements Pertaining to Interpretation

1
Overview of Legal Requirements Pertaining to
Interpretation and Translation Services in K-12
Educational Settings

• Leslie Padilla-Williams,
• Executive Director
• Alexander Fonseca,
• Director of Language Training

2
About the Presenters

• Leslie Padilla-Williams
• Hola Language Services, Executive Director
• Native Spanish speaker, educated in Latin
  American and the United States
• Bachelors in Legal and Social Sciences
• United States Hispanic Chamber of Commerce
  Outstanding Latina Entrepreneur Award Recipient
• Educational Translator for 15 years (former CA
  District Translator for Vista Unified School
  District)
• CA Credentialed Teacher - Adult Education
  (Vocational, Academic, Supervisory) with 10 years
  teaching experience
• ELAC/DELAC Trainer or Trainers
• ELAC Committee Coordinator
• Bilingual Parent Involvement Facilitator
• CDE Task Force Member - Translating and
  Interpreting in the K-12 Setting
• Spanish Language Consultant for North Coastal
  Consortium for Special Ed.

3
About the Presenters

• Alexander Fonseca
• Hola Language Services, Director of Language
  Training
• 20 year veteran as a Language Consultant
• Interpreter, Translator, and English Language
  Instructor in Guadalajara, Jalisco, México
• Official Translator, Bancomer, S.A., Los Angeles
• Director of Language Training, Hispanic Training
  Institute in Riverside, California
• ELAC/DELAC/RELAC Interpreter and Presenter
• Official Translator and Interpreter, Escondido
  Union School District
• Educational Staff Development - Professional
  Trainer
• San Diego County Office of Education Language
  Project Specialist
• Designated Subjects Vocational Education Teaching
  Credential, State of California

4
Translating vs. Interpreting

• Interpreting Refers to the process of orally
  rendering communication from one language into
  another language.
• Translating The preparation of a written text
  from one language into an equivalent written text
  in another language

5
General Education State and Federal
Requirements

• CA EDUCATION CODE (EC) SECTION 48985
  Parental Notification Requirement
• When 15 of the student body in a K-12 school
  speak another language other than English, then
• All notices, reports, statements, or records sent
  to the parent or guardian of any such pupil by
  the school or school district shall, in addition
  to being written in English, be written in such
  primary language, and may be responded to either
  in English or the primary language

6
General Education State and Federal
Requirements

• NCLB, Title I, Part A, Statutory Mandates
  regarding translation and interpretation
  requires
• That information be translated into language that
  parents can comprehend.
• That information includes parental notification
  documents related to
• State plans, academic standards, academic
  assessments, reports, annual state report card,
  annual local educational agency report cards,
  school-wide programs, school improvement plans,
  and parental involvement activities.

7
Special Education State and Federal Requirements

• IEP Meetings. The Code of Federal Regulations
  (34 C.F.R. sec. 300.345(e).
• A written notice must be provided in their native
  language of the time, location, and names of
  participants in IEP meetings.
• School district must provide an interpreter to be
  present at IEP meetings. The need for an
  interpreter does not mean that the IEP meeting
  can be delayed.

8
Special Education State and Federal Requirements

• Notices and Documents (Assessment Plans,
  Procedural Rights, and IEPs) . 34 C.F.R. sec.
  300.345(f), Cal. Educ. Code sec. 56321 and 56329,
  Cal. Code Regs., Title V, sec. 4308.
• Families have the right to receive the above
  mentioned documents translated into their native
  language, upon request, unless to do so is
  clearly not feasible.

9
Categorical Program Monitoring (CPM) Process
Evidence Reviewed

• 2005-2006 CPM Instrument Section Pertaining to
  ELAC/DELAC Requirements
• Review and comment on the written notifications
  required to be sent to parents and guardians
  (5 California Code of Regulations
  11308c7)

10
Interpretation/Translation Quality

• Currently, there is a growing concern for the
  quality of the interpreting /translating services
  offered by school districts.
• 1) California Department of Education (CDE)
• Quality Indicators for Translation and
  Interpretation in K-12 Educational Settings
  Guidelines and Resources for Administrators.
• Assessment, recruitment and training of bilingual
  staff
• 2) National Association of School Psychologists
• Recommended Practices for Working With
  Interpreters
• Made with the assumption that interpreters have
  received proper training

11
Interpretation/Translation Quality

• Over 30 School Districts
• Hola Language Services has successfully trained
  bilingual staff to interpret and translate
  effectively in general education and special
  education settings.
• Some districts were recommended to offer this
  type of training by the Office of Civil Rights
  (OCR) and/or the Categorical Program Monitoring
  (CPM) Team

• County Offices of Education, include
• Santa Clara
• Monterey
• San Diego
• CABE, NABE, NASP, CASP, CDE
• Presentations have been conducted regarding the
  topic of interpreting and translating in the
  school environment.

12
Importance of Training

• Metaphorically speaking, having two hands does
  not make someone a concert pianist that
  expertise depends on how the two hands are
  trained

• Raïnof 1980

13
Sources of Information

• Orellana, Marina. La traducción del inglés al
  castellano. Editorial Universitaria, 2005.
• Aparicio and Durban. Translation Getting it
  Right! American Translators Association, 2006.
• California Department of Education. Quality
  Indicators of Translation and Interpretation in
  Kindergarten Through Grade Twelve Educational
  Settings. www.cde.ca.gov
• CALIFORNIA RULES OF COURT. Rule 2.890.
  Professional Conduct for Interpreters
• Code of Professional Conduct for Interpreters,
  Transliterators, and Translators. Approved by the
  New Jersey Supreme CourtEffective December 1,
  1994.
• National Association of School Psychologists.
  Recommended Practices for Working with
  Interpreters. www.nasponline.org.