Legal Developments in Translation and Interpretation Requirements at Public Schools by Luis F. Suarez

Published at Language Magazine, pp 29-30, June 2012.

This article provides a summary of legal developments that have established precedents for current federal requirements to provide translation and interpretation services to students, parents, teachers and staff at public schools. The article also presents examples of specific tasks that translators and interpreters typically provide in order to facilitate communications between parents and school staff.

First let’s clarify a common misunderstanding regarding the definitions of interpretation and translation.  Interpretation is the process of converting a verbal communication message from one language into another language; translation is the process of converting a written message into a written message in a second language.  Interpretation can be simultaneous –when the process is done while the source speaker continues talking- or consecutive –when the source speaker pauses while the interpreter renders the message into the target language.  The objective is to facilitate the communication process by rendering messages that transmit similar information and nuances of the language.  Translation allows more time for the written language conversion process while interpretation puts an intense time pressure on the interpreter to deliver the verbal message in the target language.

The federal requirements to provide translation and interpretation services at public schools originate as a consequence of federal regulations that prohibit national origin discrimination.  Title VI of the Civil Rights Act of 1964 states that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”  A clarification of specific obligations with an emphasis on the need for services to those with limited English proficiency (LEP) was promulgated through Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency,” by President Clinton in August 2000.  This Executive Order “….requires Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.”   The previous two federal requirements apply to all federal agencies and thus cover the Department of Education and students attending public schools. 

Additionally, there are several mandates that focus specifically on requirements for public schools.  We will discuss briefly the 1970 Memorandum and the Lau vs. Nichols (1974) US Supreme Court decision.

The Director of the Office of Civil Rights in the Department of Health, Education and Welfare issued what is known as the 1970 Memorandum in response to assessments of non-compliance with requirements of non discrimination on the basis of national origin in particularly large school districts with large student populations with Hispanic surnames.  This memorandum clarified the requirements of Title VI of the Civil Rights Act regarding public schools’ obligation to provide equal educational opportunities to all children regardless of national origin or language.  Of particular interest to the translation and interpretation services community is the statement that “…School districts have the responsibility to adequately notify national origin-minority group parents of school activities which are called to the attention of other parents. Such notice in order to be adequate may have to be provided in a language other than English.”  This memorandum also requires that schools take affirmative steps to rectify language deficiencies in cases where the inability to speak and understand English language excludes national origin-minority group children from effective participation in the school’s educational programs.

The US Supreme Court in Lau vs. Nichols (1974) reiterated the validity of the 1970 Memorandum requirements and its interpretation of the requirements of Title VI of the Civil Rights Act of 1964 and it further stated that schools must provide a “meaningful education.”  Thus, schools must provide language support to those students who are not proficient in English.

More recently, the No Child Left Behind Act of 2001 requires that specific information be provided to the extent practicable, in a language that parents can understand.  Information to be provided includes: achievement on academic assessments, annual state and local educational agency report cards, Parent’s Right-to-Know information, schools’ Title 1 Plan, if the school is identified for “school improvement” and its implications, availability of supplemental educational services, parents involvement information, information about reasons a child is identified as Limited English proficient and options available to improve the student’s English language proficiency.

In December 2010 the School District of Philadelphia reached a settlement with the US Justice Department regarding harassment and discrimination issues against Asian students.  The settlement requires the School district to provide interpretation and translation services to immigrant students and their families, develop and implement anti-harassment policies, improve multiculturalism and diversity programs, and develop safety and emergency response plans.

This settlement was followed by a Memorandum from the Attorney General in February 2011 which restates the obligation for all government agencies to comply with Executive Order 13166 of 2000 which required all federal agencies to “develop and implement a system by which limited-English-proficient (LEP) persons can meaningfully access the agency’s services”, and requires all government agencies to establish a language-access working group.

Examples of typical services to facilitate communication between staff and parents include translation of:

·     Periodic newsletters from classroom teachers to parents reporting on class academic progress and classroom planned activities

·     Progress report cards and comments on individual student academic performance and behavior

·     Monthly newsletter to parents from school principal

·     Bulletins and general interest announcements to the school community

·     Posters and bulletins for internal display within the school facilities

Additionally, providing interpretation services during the following activities will facilitate communications and improve parent involvement in the children’s education:

·     Parent-teacher conference meetings to discuss periodic student academic performance and behavior

·     Individualized Educational Program (IEP), Student Assistance Team (SAT) and Title I meetings

·     Telephone calls to parents to report academic progress as well as disciplinary issues

·     Meetings and formal hearings with school staff and parents regarding disciplinary issues

·     Special school programs to celebrate school and community diversity such as December Holidays celebration, ethnic/cultural celebrations

·     Periodic activities and programs to enhance parents and community participation such as Math nights, Science and Invention Fair nights

·     Visits to the school by parents

·     Language, Occupational or health interventions to limited-English-proficient students

·     Language accommodations during regular performance assessments and state mandated testing

The overall responsibility of the translator/interpreter is to be a resource to school staff, parents and students, to validate the language and culture of the minority group and to act as a role model to the students regarding bilingual capabilities and opportunities.  Implementation of an effective translator/interpretation program at the school will not only facilitate compliance with the law but will also improve participation of the parents in the children’s education process and will create a positive impact on the students academic and behavioral performance.

References

1970 Memo Regarding Language Minority Children, Department of Health, Education, and Welfare

Executive Order 13166 of August 11, 2000- Improving Access to Services for Persons with Limited English Proficiency

Individuals with Disabilities Education Act (IDEA)

Lau vs Nichols (1974), U.S. Supreme Court

Refugee Children in U.S. Schools: A Toolkit for Teachers and School Personnel, Bridging Refugee Youth & Children’s Services, at http://www.brycs.org/publications/schools‐toolkit.cfm

Title VI of the Civil Rights Act of 1964

Title VI Compliance Issues, Department of Education, Office for Civil Rights

International Crime: Threats and Why It Must Be .....

International crime activity is a major growing threat to the economic and business activities in the United States, and impacts the day-to-day quality of life and well being of the people in the United States. As scary as this may sound, it is an even major threat to the political and economic stability of many developing countries that could succumb under the control or influence of international crime organizations. The extraordinary threat to other countries and the overwhelming impact on businesses and the lives of American citizens require strong, constant and the most advanced and sophisticated law enforcement action by the law agencies of those countries and specially by the United States as the leader of the world.

Common examples of international crime activity include drugs and arms trafficking, money laundering, smuggling of human beings and contraband of property items. Several agencies of the United States have developed strategies and have undertaken coordinated efforts to prevent the growth, counter the spread, and punish international crime activities. These actions have been conducted both here in the United States as well as through cooperation with foreign law enforcement agencies. The need for cooperation and concerted action among international law enforcement agencies is highlighted by the fact that international crime organizations have access to and benefit from the use of increasingly advanced technology tools, and have an abundance of money, weapons and personnel resources in order to intimidate, threaten and if necessary execute those who may be identified as creating obstacles to their illegal operations.

The persistence of international crime activities is exacerbated by the globalization of the economy and by the impact of modern improvements in logistics, information technology, transportation and flows of physical goods, paper money, and people. As society and governments benefit from the quantum leap improvements we have had recently in these areas so do the crime organizations. These organizations now have access to - and can afford to buy- the most advanced information technology tools as well as a cadre of specialists (finance, legal, banking, logistics) whom can be easily bought or coerced into advising and designing new schemes to either hide from or evade legal restrictions. And of course, they have access to exorbitant amounts of profit (including cash!!!) that can be used to corrupt or influence political and government decision-makers and even law enforcement personnel.

Some people in the United States may think that international crime activities are limited to events overseas and that therefore they are protected from the consequences of the spread of international crime organizations or from the lack of legal action against international crime activities. They couldn’t be more wrong: international crime affects the individual lives of American citizens living here in the US, it also affects the businesses operating here, it affects our financial organizations, and it is a threat to the security and stability of our institutions and our way of life. Additionally, international crime affects not only our citizens locally but it affects the well being and the political stability of other countries, primarily developing countries, whose institutions, political leaders, and economic enterprises are even more susceptible and vulnerable to the destabilizing effects of corruption and influencing that international criminal organizations exert.

Some specific examples of international crime activities which although perpetrated outside of our country have a significant impact on our local citizenship include: dollar currency counterfeit, commercial espionage of American companies and its products or services, intellectual property rights theft, money laundering, and the newest and perhaps most threatening activity: high technology crimes such as computer hacking, privacy information theft and identity stealing. Any of these criminal activities –even when perpetrated outside our borders- has the potential to impact the individual lives of US citizens and create havoc and substantial financial and quality of life losses.

Other examples that impact not necessarily the economic wallet of the American citizen but our moral and ethical values include smuggling of human beings (in an effort to enter illegally the United States), or trafficking of women and minors for bondage and/or pornography abuses.

The Department of Justice along with other US agencies and in cooperation with international law enforcement agencies and individual country law agencies is conducting strategies and specific programs to prevent, counter and punish those involved in international crime activities. Every American citizen needs to strongly support and ask for renewed and strengthened enforcement efforts against international crime organizations. International crime activity is against the law, it causes terrible consequences to the overall population, and it affects the economic and political stability and security of many countries.

NYTimes article: Is There a Right Way to Pray?, Sept 20, 2009

Ref: Is There a Right Way to Pray? by Zev Chafets, September 20, 2009


The author discusses the growing interest by Americans in finding ways to communicate with and pray to their God, whether as part of a standard community religious practice or in more prayer-focused and individualized rituals. There was not however any significant attempt to discuss and explain reasons why there has been such an increased interest in personal praying nor -more importantly- what are the implications and opportunities created. One reason may be that we find ourselves surrounded by more stressful emotional and spiritual challenges, and have fewer support mechanisms than in previous generations. As for opportunities created, one has only to look at the tremendous growth and diversity of churches, television and even Internet ministries, and proliferation of so called personal spiritual coaches. A lot of money is being made in the name of religious/spiritual guidance and fulfillment. One more example of the grip and corrupting influence
of money in our society.

NY Times article: The Deadly Choices at Memorial by Sheri Fink, August 30, 2009

Ref: The Deadly Choices at Memorial by Sheri Fink, August 30, 2009

Ms Fink writes a riveting account of the drama and high stakes decisions that a few courageous medical staff confronted during those grueling days after hurricane Katrina stroke New Orleans. One is left with an appreciation of the urgency to adopt policies and procedures (and to conduct practice drills) on how authority and life decision-making responsibilities ought to be discharged during emergency/disaster situations which undoubtedly will occur again. Comprehensive training is essential for those individuals who are officially expected to be in charge, and for those who may find themselves “deputized” in such unique and distressful situations.
The entire incident is exhibit “A” in the indictment against those responsible for failing to provide and coordinate at the highest administrative levels the delivery of emergency relief operations. Imagine the suffering of those patients who would have been left waiting for help for over two weeks had Dr. Pou not acted in the humanitarian way she did.

Writing urge....I am planning to write a short article...

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