2006 Legislation
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SENATE BILL NO. 1316 – Schools, educational interpreters

SENATE BILL NO. 1316

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Bill Status



S1316..........................................................by EDUCATION
PUBLIC SCHOOLS - Adds to existing law relating to educational interpreters
and public schools to provide a short title; to provide legislative
findings; to define terms; to provide for qualifications for educational
interpreters; to provide exceptions; to provide for continuing training
requirements; and to provide the State Board of Education with rulemaking
authority.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Educ
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/22    House intro - 1st rdg - to Educ
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 56-4-10
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23),
      Garrett, Hart, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche,
      Rydalch, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail
      NAYS -- Barrett, McKague, Sali, Wood
      Absent and excused -- Black, Clark, Crow, Ellsworth, Harwood,
      Henbest, Ring, Sayler, Wills, Mr. Speaker
    Floor Sponsor - Pence
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed - Sp signed
03/20    To Governor
03/23    Governor signed
         Session Law Chapter 173
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1316
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOLS; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION  OF
  3        A  NEW CHAPTER 13, TITLE 33, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PRO-
  4        VIDE LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO PROVIDE FOR  QUALIFICATIONS
  5        FOR  EDUCATIONAL  INTERPRETERS, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR CON-
  6        TINUING TRAINING REQUIREMENTS, AND TO PROVIDE THE STATE BOARD OF EDUCATION
  7        WITH RULEMAKING AUTHORITY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Title 33, Idaho Code, be, and the same is hereby  amended
 10    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 11    ter 13, Title 33, Idaho Code, and to read as follows:
                                                                        
 12                                      CHAPTER 13
 13                               EDUCATIONAL INTERPRETERS
                                                                        
 14        33-1301.  SHORT TITLE. This chapter shall be known and may be cited as the
 15    "Idaho Educational Interpreter Act."
                                                                        
 16        33-1302.  LEGISLATIVE FINDINGS. The legislature hereby finds  that  inter-
 17    preting  services  in  Idaho public schools, kindergarten through grade twelve
 18    (12), for students who are deaf, hard of hearing  or  deaf-blind  need  to  be
 19    improved. The absence of state standards for evaluating educational interpret-
 20    ers  allows  for inconsistencies in the delivery of educational information to
 21    students who are in need of such services.  The  legislature  recognizes  that
 22    educational  interpreters  in Idaho public schools must not only interpret the
 23    spoken word but must also convey concepts and facilitate the student's  under-
 24    standing  of  the  educational material. The legislature also finds that among
 25    the many factors that  influence  student  success,  there  is  a  correlation
 26    between the academic achievements of deaf, hard of hearing and deaf-blind stu-
 27    dents  and  the  competency  of their interpreters. Therefore, the legislature
 28    finds that Idaho educational public policy is served by establishing standards
 29    for persons employed in the Idaho public schools as educational interpreters.
                                                                        
 30        33-1303.  DEFINITIONS. The following words and phrases used in this  chap-
 31    ter are defined as follows:
 32        (1)  "Board" means the state board of education.
 33        (2)  "Deaf"  means a person who is not able to process information aurally
 34    and whose primary means of communication is visual.
 35        (3)  "Deaf-blind" means a person who is deaf or hard of  hearing  and  who
 36    also has significant visual impairment or is legally blind.
 37        (4)  "Educational interpreter" means a person employed in the Idaho public
 38    schools,  kindergarten through grade twelve (12), to provide interpreting ser-
 39    vices to students who are deaf, hard of hearing or deaf-blind.
 40        (5)  "Educational   interpreter   performance    assessment"    means    a
                                                                        
                                           2
                                                                        
  1    statistically valid and reliable assessment tool administered by the boys town
  2    national research hospital or its successor organization.
  3        (6)  "Hard  of  hearing"  means a person who has a hearing deficit, who is
  4    able to process information aurally with or without the use of a  hearing  aid
  5    or  other  device  that  enhances the ability of the person to hear, and whose
  6    primary means of communication may be visual.
  7        (7)  "Interpreter education program" means a postsecondary degree  program
  8    of at least two (2) years in duration that is accredited by the state board of
  9    education  or  an  equivalent program accredited by another state, district or
 10    territory or by a professional accreditation body.
 11        (8)  "Interpreting" means the process of providing  accessible  communica-
 12    tion  between  and  among persons who are deaf, hard of hearing or deaf-blind,
 13    and those who are hearing. The process includes, but is not limited to, commu-
 14    nication between American sign language or other form of manual  communication
 15    and  English.  The  process  may  also  involve  various other modalities that
 16    involve visual, gestural and tactile methods.
                                                                        
 17        33-1304.  QUALIFICATION OF EDUCATIONAL INTERPRETERS. (1)  Except  as  pro-
 18    vided in this section, no person shall act as an educational interpreter in an
 19    Idaho  public school unless the person has been qualified to do so. The person
 20    shall be qualified if the person:
 21        (a)  Has achieved a score of 3.5 or higher on the educational  interpreter
 22        performance assessment or has achieved a comparable score on an equivalent
 23        test as determined by the board; or
 24        (b)  Is currently certified by:
 25             (i)   The registry of interpreters for the deaf;
 26             (ii)  The  national  association  of  the  deaf  at a level of III or
 27             higher;
 28             (iii) The registry of interpreters for the deaf, oral transliteration
 29             for oral transliterators; or
 30             (iv)  The testing, evaluation, and certification unit for  cued  lan-
 31             guage transliterators.
 32        (2)  An  educational  interpreter  currently  employed  in an Idaho public
 33    school may continue in the practice of educational interpreting without  meet-
 34    ing  the  requirements  of  subsection (1) of this section, provided that such
 35    requirements are met on or before June 30, 2009.
 36        (3)  Effective July 1, 2009,  newly-hired  educational  interpreters,  who
 37    have  not  worked  in  an Idaho public school as an educational interpreter in
 38    kindergarten through grade twelve (12) prior to the enactment of this chapter,
 39    may apply in writing to the board for emergency authorization to  work  as  an
 40    educational  interpreter  for  two (2) years before being required to meet the
 41    requirements of subsection (1) of this section. An education  interpreter  who
 42    has received an emergency authorization under this subsection (3) may apply in
 43    writing  to  the board for a one-time, one (1) year extension of the emergency
 44    authorization. The board may grant such a one (1) year extension of the  emer-
 45    gency authorization for good cause shown.
 46        (4)  A graduate of an interpreter education program may serve as an educa-
 47    tional  interpreter in Idaho public schools, kindergarten through grade twelve
 48    (12) before meeting the requirements of subsection (1) of this section for one
 49    (1) year following such graduation.
 50        (5)  Educational interpreters employed by an Idaho public school  in  kin-
 51    dergarten  through  grade  twelve  (12) must complete a minimum of eighty (80)
 52    hours of training in the areas of interpreting or transliterating  every  five
 53    (5)  years.  This  training  must  be  documented  and  may include home study
 54    coursework, seminars, workshops and mentoring programs.
                                                                        
                                           3
                                                                        
  1        (6)  The board is authorized to promulgate rules  necessary  to  implement
  2    this chapter.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15791

The purpose of this legislation is to create minimum standards
for K-12 educational interpreters serving deaf or hard-of-hearing
students.  Currently, Idaho code contains no minimum standards to
ensure that K-12 educational interpreters meet any level of
competency.  Furthermore, school administrators have no standard
measurement on which to base hiring decisions.  Deaf and hard-of-
hearing students are entitled to a free and appropriate public
education in the least restrictive environment.  Unfortunately,
many of these students in Idaho are not receiving equal access to
classroom communication due to the inadequacy of their
interpreters.  This legislation will address an urgent need for
deaf and hard-of-hearing students to have some guarantee that
their interpreters meet a minimum level of competency.


                          FISCAL IMPACT

This legislation does not seek a separate appropriation above
that which the State is already spending.



Contact  
Name:  Senator Mike Jorgenson
Phone: 322-1391


STATEMENT OF PURPOSE/FISCAL NOTE                 S 1316