No. 40800 (Repeal): Rule R280-203. Certification Requirements for Interpreters and Transliterators for the Hearing Impaired

(Repeal)

DAR File No.: 40800
Filed: 09/15/2016 05:52:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Repealing Rule R280-203 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.

Summary of the rule or change:

Rule R280-203 is repealed in its entirety.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.

local governments:

Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to local government.

small businesses:

Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.

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

Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Rule R280-203 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office 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 [e-mail]

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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R280. Education, Rehabilitation.

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

R280-203-1. Authority and Purpose.

(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) Subsection 53A-1-401(3), which authorizes the Board to adopt rules in accordance with its responsibilities.

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

(a) certification qualifications provided in the manual;

(b) procedures governing an application for certification;

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

(d) a definition of unprofessional conduct by interpreters and transliterators; and

(e) conditions for reinstatement and renewal of certification.

 

R280-203-2. Definitions.

(1) "Advisory board" means the Interpreters Certification Board:

(a) created to assist the Board; and

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

(2) "Certified interpreter or transliterator" means a person who:

(a) provides an interpreter or transliterator service; and

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

(3) "Hearing impaired or deaf" means a hearing loss that:

(a) necessitates the visual acquisition of the language; or

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

(4) "Interpreter or transliterator service" means a service that facilitates effective communication:

(a) between a hearing person and a person who is hearing impaired or deaf, including:

(i) a student to teacher;

(ii) a student to staff; 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

(ii) cued language.

(5) "Local education agency" or "LEA"means:

(a) a school district;

(b) a charter school; or

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

(6) "Manual" means the Policy and Procedures Governing the Certification of Interpreters and Transliterators manual incorporated by reference in Section R280-203-3.

(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.

 

R280-203-4. Certification Qualifications and Report to the Superintendent.

(1) A candidate for certification shall be at least 18 years old.

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

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

(4) A person who provides an interpreter or transliterator service to an LEA shall complete a background check and submit to ongoing monitoring, prior to working in an LEA with a student:

(a) through the person's employer 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.

(5) An LEA shall identify and report to the Superintendent a person, including a contractor, who provides an interpreter or transliterator service to a student for the LEA, annually upon request.

(6) An LEA shall identify and report to the Superintendent a student who receives an interpreter or transliterator service and the provider of the service, annually upon request.

 

R280-203-5. Examination of Applicants for Certification.

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

 

R280-203-6. Temporary Exemptions from Certification.

(1) A person may provide an interpreter or transliterator service without being certified subject to the following circumstances and limitations, and as outlined in the manual:

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

(ii) the service 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 being provided; or

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

(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) the supervisor has a record of a successful fingerprint background check if the candidate is providing the service in a public school, consistent with Title 53A, Chapter 15, Part 15, Background Checks and Rule R277-516; or

(c) a candidate meets the criteria consistent with Subsections 53A-26a-305(1)(d) through(f).

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

 

R280-203-7. Unprofessional Conduct.

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

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

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

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

(5) The Board shall make the final disciplinary decision consistent with the manual.

 

R280-203-8. Renewal and Reinstatement.

(1) A person holding an interpreter or transliterator certificate may have that certificate renewed as provided in the manual.

(2)(a) 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) upon consultation with the advisory board, designate the areas of the application process in which the applicant will be reviewed.

 

KEY: certification, interpreters, transliterators

Date of Enactment or Last Substantive Amendment: November 23, 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]

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