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The Importance of Hiring a Qualified, Credentialed, and Licensed Interpreter
Educational Interpreters are listed under IDEA as related service providers and should be considered in the same professional manner as any other licensed professional, including teachers, speech therapists, occupational therapists, physical therapists, etc.
The Office of Special Education and Rehabilitative Services (OSERS) along with the US Department of Justice (DOJ) released guidance in 2013 that states:
Arkansas Regulations:
The Arkansas Department of Education, Special Education Unit (ADE-SEU) maintains the register of Educational Interpreters as employed in Arkansas public schools. According to the Arkansas Standards for Educational Interpreters and Transliterators (Fourth Edition, 2016), public agencies employing educational interpreters for the deaf, deafblind, hard of hearing, or oral deaf, must comply with the legal standards established by the Arkansas Department of Education (ADE). See ADE, Special Education Unit, Procedural Requirements and Program Standards 26.02.2.3.
The Standards further state: All educational interpreters and transliterators employed by a school district prior to the beginning of the 2015-2016 school year, must obtain the minimum standards within the applicable required timeframe starting from the beginning of the 2015-2016 school year. The following are the Minimum, Provisional and Preferred standards in Arkansas.
Minimum standards:
(I) Must hold a valid interpreter’s license issued by the Arkansas Department of Health (ADH);
(II) Must have a high school diploma or equivalent; and
(III) a. 3.0 on the Educational Interpreter Performance Assessment (EIPA), or
b. Quality Assurance Screening Test (QAST) 3/3 (transliterating /interpreting).
Provisional standards:
Provisional standard timelines are cumulative for all employment within educational settings and may not be repeated from school district to school district.
(I) Must obtain minimum standards within 2 academic years of employment if, at the time of employment, he or she:
a. (1) is a qualified interpreter licensed by ADH, or
(2) is eligible to apply to be a qualified interpreter licensed by ADH and
applies within one month of employment to obtain licensure; and
b. holds at least a:
(1) 2.5 EIPA, or
(2) QAST 2/2 (transliterating /interpreting).
(II) Must obtain minimum standards within 3 academic years of employment if, at the time of employment, he or she:
a. (1) is a qualified interpreter licensed by ADH, or
(2) is eligible to apply to be a qualified interpreter licensed by ADH and
applies within one month of employment to obtain licensure; and
b. holds at least a:
(1) 2.0 on EIPA, or
(2) QAST 1/1 (transliterating /interpreting).
Preferred standards:
The preferred standard of educational interpreters for all employment within educational settings exceeds the minimum standard.
(I) Meet minimum standards, and
(II) Possess a baccalaureate or associate’s degree, and
(III) Obtains a passing score on the EIPA written assessment, and
(IV) Holds credentials with the Registry of Interpreters for the Deaf (RID).
The Office of Special Education and Rehabilitative Services (OSERS) along with the US Department of Justice (DOJ) released guidance in 2013 that states:
- "Interpreters must be qualified. This means that the interpreter must be able to interpret both receptively (having the skill needed to understand what the person with a disability is saying) and expressively (having the skill needed to convey information to the person with a disability). For example, an interpreter must be able to sign to the person who is deaf what is being said by the hearing person, and voice to the hearing person what is being signed by the person who is deaf. This communication must be conveyed effectively, accurately, and impartially, using any appropriate specialized vocabulary. Thus, a teacher or other staff member who signs “pretty well” is not a qualified interpreter. Being able to sign “pretty well” does not mean that a person can process spoken communication into proper signs; nor does it mean that he or she has the proper skills to observe the person signing and change the signed or finger‐spelled communication into spoken words."
- This language protects a student who is d/Deaf or Hard-of-Hearing specifically under Title II of the Americans with Disabilities Act (ADA) as student with a disability, but also states that "the provision of FAPE under the IDEA does not limit a student’s right to effective communication under Title II."
- This guidance further states that "Students with disabilities, like all students, must have the opportunity to fully participate in our public schools. A critical aspect of participation is communication with others. Three Federal laws – the Individuals with Disabilities Education Act (IDEA), Title II of the Americans with Disabilities Act of 1990 (ADA) (Title II), and Section 504 of the Rehabilitation Act of 1973 (Section 504) – address the obligations of public schools, including charter schools, to meet the communication needs of students with disabilities, but do so in different ways. Public schools must comply with all three laws, and while compliance with one will often result in compliance with all, sometimes it will not.
Arkansas Regulations:
The Arkansas Department of Education, Special Education Unit (ADE-SEU) maintains the register of Educational Interpreters as employed in Arkansas public schools. According to the Arkansas Standards for Educational Interpreters and Transliterators (Fourth Edition, 2016), public agencies employing educational interpreters for the deaf, deafblind, hard of hearing, or oral deaf, must comply with the legal standards established by the Arkansas Department of Education (ADE). See ADE, Special Education Unit, Procedural Requirements and Program Standards 26.02.2.3.
The Standards further state: All educational interpreters and transliterators employed by a school district prior to the beginning of the 2015-2016 school year, must obtain the minimum standards within the applicable required timeframe starting from the beginning of the 2015-2016 school year. The following are the Minimum, Provisional and Preferred standards in Arkansas.
Minimum standards:
(I) Must hold a valid interpreter’s license issued by the Arkansas Department of Health (ADH);
(II) Must have a high school diploma or equivalent; and
(III) a. 3.0 on the Educational Interpreter Performance Assessment (EIPA), or
b. Quality Assurance Screening Test (QAST) 3/3 (transliterating /interpreting).
Provisional standards:
Provisional standard timelines are cumulative for all employment within educational settings and may not be repeated from school district to school district.
(I) Must obtain minimum standards within 2 academic years of employment if, at the time of employment, he or she:
a. (1) is a qualified interpreter licensed by ADH, or
(2) is eligible to apply to be a qualified interpreter licensed by ADH and
applies within one month of employment to obtain licensure; and
b. holds at least a:
(1) 2.5 EIPA, or
(2) QAST 2/2 (transliterating /interpreting).
(II) Must obtain minimum standards within 3 academic years of employment if, at the time of employment, he or she:
a. (1) is a qualified interpreter licensed by ADH, or
(2) is eligible to apply to be a qualified interpreter licensed by ADH and
applies within one month of employment to obtain licensure; and
b. holds at least a:
(1) 2.0 on EIPA, or
(2) QAST 1/1 (transliterating /interpreting).
Preferred standards:
The preferred standard of educational interpreters for all employment within educational settings exceeds the minimum standard.
(I) Meet minimum standards, and
(II) Possess a baccalaureate or associate’s degree, and
(III) Obtains a passing score on the EIPA written assessment, and
(IV) Holds credentials with the Registry of Interpreters for the Deaf (RID).
* Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools, USDOJ and OSERS, 2013
** Arkansas Standards for Educational Interpreters and Transliterators, Committee on Standards for Educational Interpreters, Arkansas Department of Education, Fourth Edition, 2016
** Arkansas Standards for Educational Interpreters and Transliterators, Committee on Standards for Educational Interpreters, Arkansas Department of Education, Fourth Edition, 2016