DAR File No. 39790

Education, Rehabilitation

Rule R280-203

Certification Requirements for Interpreters/Transliterators for the Hearing Impaired

Notice of Proposed Rule

(Amendment)

DAR File No.: 39790
Filed: 09/30/2015 11:11:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R280-203 is amended to change terminology and other language to make the rule consistent with the Policies and Procedures Governing Certification of Interpreters and Transliterators Manual (manual), to update the publishing date of the manual, and to change the title of the committee that reviews complaints.

Summary of the rule or change:

The amendments to Rule R280-203 change cued speech to cued language; change the title of the committee that reviews complaints from the commission to the Ethical Standards Subcommittee of the Advisory Board; provide for ongoing monitoring under the requirements of Title 53A, Chapter 15, Part 15, Background Checks; and provide technical and conforming changes throughout the rule. Additionally, the updated manual is incorporated by reference into this rule.

State statutory or constitutional authorization for this rule:

• Section 53A-26a-202
• Section 53A-24-103
• Subsection 53A-1-401(3)
• Sections 53A-26a-303 through 53A-26a-305

This rule or change incorporates by reference the following material:

• Updates Policy and Procedures Governing the Certification of Interpreters and Transliterators Manual, published by Utah State Office of Rehabilitation, Division of Services to the Deaf and Hard of Hearing�Interpreter Certification Board, 06/01/1997

Anticipated cost or savings to:

the state budget:

The amendments to this rule provide for updated definitions, changes to a committee title, ongoing monitoring, incorporating by reference an updated manual, and numerous technical and conforming changes. These amendments will likely will not result in a cost or savings to the state budget.

local governments:

The updates and technical and conforming changes will likely not result in a cost or savings to local education agencies (LEAs).

small businesses:

If a small business employs interpreters and transliterators, the business may pay $13 per person for its employees to have a criminal background check and ongoing monitoring to have access to Utah public school students. Costs are speculative.

persons other than small businesses, businesses, or local governmental entities:

Interpreters and transliterators will have to pay a fee of approximately $13 to comply with background check requirements of this rule and the law. The cost is difficult to determine because we do not know the number of interpreters and transliterators working in Utah public schools.

Compliance costs for affected persons:

There are compliance costs in the amount of $13 per person to submit to a criminal background check and ongoing monitoring consistent with this rule and the law, for an interpreter or transliterator to work with students in Utah public schools.

Comments by the department head on the fiscal impact the rule may have on businesses:

There may be some costs to businesses that employ interpreters and transliterators if the business chooses to pay the costs of background check requirements for its employees. Costs are speculative.

Brad C. Smith, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Rehabilitation
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R280. Education, Rehabilitation.

R280-203. Certification Requirements for Interpreters[ / ] and Transliterators for the Hearing Impaired.

R280-203-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by :

(a) Section 53A-24-103 , which places the USOR under the policy direction of the Board[.];

(b) Sections 53A-26a-202 and 53A-26a-303 through 305, which authorize the Board to make rules to implement the Interpreter Services for the Hearing Impaired Act; and

(c) [The Board is authorized under]Subsection 53A-1-401(3) , which authorizes the Board to adopt rules [and policies ]in accordance with its responsibilities.

[B.](2) The purpose of this rule is to satisfy the directives of Subsection 53A-26a-202(2) , including:

([1]a) certification qualifications provided in the [M]manual;

([2]b) procedures governing an application[s] for certification;

([3]c) provisions for a fair and impartial method of examination of applicants;[and]

([4]d) [procedures for determining]a definition of unprofessional conduct by interpreters[/] and transliterators ; and

(e) conditions for reinstatement and renewal of certification.

 

R280-203-[1]2 . Definitions.

[A.](1) "Advisory board" means the Interpreters Certification Board :

(a) created to assist the Board[created by]; and

(b) with the responsibilities [of]established by Sections 53A-26a-201 and 202.

[B. "American Sign Language (ASL), cued speech, and oral interpreting" are types of alternative communications for purposes of this rule.

C. "Board" means the Utah State Board of Education.

] [D.](2) "Certified interpreter[/] or transliterator" means [an individual]a person who :

(a) provides an interpreter[/] or transliterator service[s]; and

(b) is certified or qualified as required by state or federal law.

[E.](3) "Hearing impaired or deaf" means a hearing loss [which]that:

([1]a) necessitates the visual acquisition of the language; or

([2]b) adversely affects the acquisition of language and communication but [which]that does not preclude the auditory acquisition of language.

[F.](4) "Interpreter[/] or transliterator service[s]" means a service[s] that facilitate s effective communication :

(a) between a hearing person and a person who is hearing impaired or deaf, [such as]including:

(i) a student to teacher[,];

(ii) a student to staff ; [and]or

(iii) a student to peer[,]; and

(b) through :

(i) American Sign Language (ASL ) or a language system or code that is modeled after or derived from ASL, in whole or in part[, or is in any way derived from ASL]; or

(ii) cued [speech]language.

[G.](5) "[LEA" means a l]Local education agency[,]" or "LEA"[including local school boards/public]means:

(a) a school district[s,];

(b) a charter school[s, and, for purposes of this rule,]; or

(c) the Utah Schools for the Deaf and the Blind.

[H.](6) ["Policies and Procedures Governing Certification of Interpreters and Transliterators Manual, 2009 (Manual)," hereby incorporated by reference under 63G-3-201(7), means the manual that provides procedures for the certification examination process, renewal of certification, length of certification, levels of certification, examination, scoring, temporary permits, and the disciplinary process for interpreters/transliterators in the event of misconduct.]"Manual" means the Policy and Procedures Governing the Certification of Interpreters and Transliterators manual incorporated by reference in Section R280-203-3.

[I.](7) "USOR" means the Utah State Office of Rehabilitation.

 

R280-203-3. Incorporation of Policy and Procedure Manual by Reference.

(1) This rule incorporates by reference the Policy and Procedures Governing the Certification of Interpreters and Transliterators manual dated September 2015, which establishes:

(a) the procedure and requirements for certification and certification renewal and exemption;

(b) the length and level of certification;

(c) the definition of unprofessional conduct;

(d) the requirement for continued education; and

(e) the disciplinary process.

(2) A copy of the manual is located at:

(a) http://uip.herokuapp.com/pages/laws_and_policies; and

(b) the Division of Services to the Deaf and Hard of Hearing.

 

R280-203-[3]4 . Certification Qualifications and Report to the [USOE]Superintendent.

[A.](1) A [C]candidate[s] for certification shall be at least 18 years old.

[B.](2) A [C]candidate[s] shall pass written and performance evaluations provided by the Division of Services to the Deaf and Hard of Hearing, Utah Interpreter Program.

[C.](3) A [C]candidate[s] shall meet the criteria of Section 53A-26a-302 and the manual.

[D.](4) [All individuals]A person who provide s an interpreter[/] or transliterator service[s] to an LEA shall complete a background check[,]and submit to ongoing monitoring, prior to working in an LEA with a student[s,]:

(a) through the[ir] person's employer [or an LEA that contracts for the contractor's services]whether the employer is an LEA or an agency that contracts with an LEA; and

(b) in accordance with the requirements of Title 53A, Chapter 15, Part 15, Background Checks.

[E.](5) An LEA shall identify and report to the [USOE]Superintendent [individuals]a person, including a contractor[s], who provide s an interpreter[/] or transliterator service[s] to a student[s] for the LEA, annually upon request.

[F.](6) An LEA shall identify and report to the [USOE]Superintendent a student[s] who receive s an interpreter[/] or transliterator service[s together with] and the provider of the service[s], annually upon request.

 

R280-203-[4]5 . Examination of Applicants for Certification.

The Division of Services for the Deaf and Hard of Hearing , Utah Interpreter[s Certification Panel] Program staff shall test and rate a candidate[s] applying for interpreter[/] or transliterator certification consistent with the [M]manual.

 

R280-203-[5]6 . Temporary Exemptions from Certification.

[A.](1) [Individuals may engage in the practice of a certified]A person may provide an interpreter[/] or transliterator [in the public schools]service without being certified subject to the following circumstances and limitations , and as outlined in the manual:

([1]a) (i) a candidate is engaged in providing an interpreters[/]or transliterator service[s] while in a training program [in a recognized school ]approved by the Board to the extent the candidate's activities are supervised by qualified staff, or designee[,];

(ii) the service[s are] is a defined part of the training program[,]; and

(iii) if the candidate is providing a service in a public school, the training program has a record that :

(A) the candidate has had a successful fingerprint background check within one year prior to the date of the interpreting[/]or transliterating service[s] being provided ; or

(B) the candidate is subject to ongoing monitoring as described in Title 53A, Chapter 15, Part 15, Background Checks[.];

([2]b) (i) a candidate is engaged in an internship, residency, apprenticeship, or an on-the-job training program approved by the Board while under the supervision of qualified persons[,]; and

(ii) [who have]the supervisor has a record of a successful fingerprint background check if the candidate is providing the service in a public school, consistent with [Section 53A-3-410(2)]Title 53A, Chapter 15, Part 15, Background Checks and Rule R277-516[.]; or

([3]c) a candidate meets the criteria consistent with S ubsections 53A-26a-305(1)(d) through [53A-26a-305](f).

[B.](2) Violation of any limitation identified in [R280-203-5]this section is grounds for rescission of exemption, denial of certification, or other discipline as determined by the Board.

 

R280-203-[6]7 . Unprofessional Conduct.

[A.](1) The [M]manual supplements the definition of unprofessional conduct provided in 53A-26a-502.

[B.](2) The Board designates the procedure in [R280-203-6]this section as an informal adjudicative proceeding[,] under Section 63G-4-203.

[C.](3) A complaint alleging unprofessional conduct by a certified interpreter[/] or transliterator may be filed consistent with the procedure in the [M]manual.

[D.](4) A member of the advisory board shall assist the Board in reviewing the recommendation of the [Commission]Ethical Standards subcommittee of the advisory board, as provided in Subsection 53A-26a-202(3) and upon request by the Board.

[E.](5) The Board shall make the final disciplinary decision consistent with the [M]manual.

 

R280-203-[7]8 . Renewal and Reinstatement.

[A.](1) [An individual]A person holding an interpreter[/] or transliterator certificate [is eligible to]may have that certificate renewed as provided in the [M]manual.

[B.](2)(a) [An individual]a person whose interpreter[/]or transliterator certificate has been suspended or revoked for unlawful or unprofessional conduct may apply for reinstatement to the Board.

(b) The Board may :

(i) require the applicant for reinstatement to complete the procedure for certification ; or

(ii) [may, ]upon consultation with the advisory board, designate the areas of the application process in which the applicant [shall]will be reviewed.

 

KEY: certification, interpreters[ / ] , transliterators

Date of Enactment or Last Substantive Amendment: [ January 2, ]2015

Notice of Continuation: September 9, 2014

Authorizing, and Implemented or Interpreted Law: 53A-24-103; 53A-1-401(3); 53A-26a-201; 53A-26a-202 ; 53A-26a-303 through 53A-26a-305