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Overview of Legal Requirements Pertaining to Interpretation and Translation Services in K-12 Educational Settings
Leslie Padilla-Williams, Executive DirectorAlexander Fonseca, Director of Language Training
Hola Language Services
www.holalang.com
1
About the PresentersLeslie 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.
Hola Language Services
www.holalang.com
2
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
Hola Language Services
www.holalang.com
3
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
Hola Language Services
www.holalang.com
4
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
Hola Language Services
www.holalang.com
5
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.
Hola Language Services
www.holalang.com
6
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.
Hola Language Services
www.holalang.com
7
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.
Hola Language Services
www.holalang.com
8
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 11308[c][7])
Hola Language Services
www.holalang.com
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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
Hola Language Services
www.holalang.com
10
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.
Hola Language Services
www.holalang.com
11
Importance of Training
Raïnof 1980
“Metaphorically speaking, having two hands does not make someone a concert pianist – that expertise depends on how the two hands are trained”
Hola Language Services www.holang.com
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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.