No. 38930 (Amendment): Rule R280-203. Certification Requirements for Interpreters for the Hearing Impaired

(Amendment)

DAR File No.: 38930
Filed: 10/31/2014 08:33:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R280-203 had not been substantively amended since 2003. The rule is amended to provide changes consistent with the 2009 revision of the Policies and Procedures Governing Certification of Interpreters and Transliterators Manual (Manual), provide new language relating to interpreter/transliterator services to students in the public schools, and update terminology.

Summary of the rule or change:

Amendments to Rule R280-203 provide for new definitions and update existing definitions, provide for temporary exemptions from certification for interpreters/transliterators providing services to students in the public schools if certain requirements are met, including a fingerprint background check; change the policy and procedures manual to its current title, reference the Manual for specific procedures for certification throughout the rule, provide language about the appeals process, and provide additional minor wording and terminology changes.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-24-103

This rule or change incorporates by reference the following material:

• Adds Policies and Procedures Governing Certification of Interpreters and Transliterators, published by Utah State Office of Rehabilitation, Division of Services to the Deaf and Hard of Hearing, January 2009

Anticipated cost or savings to:

the state budget:

The amendments to the rule provide updated language consistent with the Manual which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to the rule provide updated language consistent with the Manual which likely will not result in a cost or savings to local government.

small businesses:

The amendments to the rule provide updated language consistent with the Manual which likely will not result in a cost or savings to small businesses.

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

The amendments to the rule provide updated language consistent with the Manual 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:

The amendments to the rule provide updated language consistent with the Manual 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:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Joel Coleman, Interim 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:

• Carol Lear at the above address, by phone at 801-538-7835, 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:

12/15/2014

This rule may become effective on:

12/22/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R280. Education, Rehabilitation.

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

R280-203-1. Definitions.

A. "Advisory board" means the Interpreters Certification Board created to assist the Board created by and with the responsibilities of 53A-26a-201 and 202.

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

[D]C. "Board" means the Utah State Board of Education.

[B]D. "Certifi[cation]ed [of deaf ]interpreter[s]/transliterator" means [the written approval of the Board required of individuals seeking payment for facilitating effective communication between hearing and hearing impaired persons]an individual who provides interpreter/transliterator services and is certified or qualified as required by state or federal law.

E. "Hearing impaired or deaf" means a hearing loss which:

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

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

F. "Interpreter/transliterator services" means services that facilitate effective communication between a hearing person and a person who is hearing impaired or deaf, such as student to teacher, student to staff and student to peer, through ASL or a language system or code that is modeled after ASL, in whole or in part, or is in any way derived from ASL; or cued speech.

G. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

H. "Policies & 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.

[E]I. "USOR" means the Utah State Office of Rehabilitation.

 

R280-203-2. Authority and Purpose.

A. This rule is authorized by 53A-24-103 which places the USOR under the policy direction of the Board. The Board is authorized under 53A-1-401(3) to adopt rules and policies in accordance with its responsibilities.

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

(1) certification qualifications provided in the [UTAH STATE BOARD OF EDUCATION INTERPRETERS AND TRANSLITERATORS FOR THE DEAF CERTIFICATION POLICY AND PROCEDURE MANUAL ("INTERPRETERS/TRANSLITERATORS MANUAL"), December 2002]Manual;

(2) procedures governing applications for certification;

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

(4) procedures for determining unprofessional conduct by interpreters/transliterators[; and].

[(5) conditions and procedures for reinstatement and renewal of certification.

]

R280-203-3. Certification Qualifications and Report to the USOE.

A. Candidates for certification shall be at least 18 years old.

B. Candidates shall pass written and performance evaluations provided by the Division of Services to the Deaf.

C. Candidates shall meet the criteria of 53A-26a-302.

D. All individuals who provide interpreter/transliterator services to an LEA shall complete a background check, prior to working in an LEA with students, through their employer or an LEA that contracts for the contractor's services.

E. An LEA shall identify and report to the USOE individuals, including contractors, who provide interpreter/transliterator services to students for the LEA, annually upon request.

F. An LEA shall identify and report to the USOE students who receive interpreter/transliterator services together with the provider of services, annually upon request.

 

R280-203-4. Examination of Applicants for Certification.

[Individuals ]The Division of Services for the Deaf and Hard of Hearing Interpreters Certification Panel shall test and rate candidates applying for interpreter /transliterator certification [shall be tested and rated by the Division of Services for the Deaf and Hard of Hearing Interpreters Certification Panel according to procedures established in]consistent with the [INTERPRETERS/TRANSLITERATORS MANUAL]Manual.

 

R280-203-5. Temporary Exemptions from Certification.

A. Individuals may engage in the practice of a certified interpreter/transliterator in the public schools without being certified subject to the following circumstances and limitations:

(1) a candidate is engaged in providing interpreters/transliterator services while in training in a recognized school approved by the Board to the extent the candidate's activities are supervised by qualified staff, or designee, the services are a defined part of the training program, and the training program has a record that the candidate has had a successful fingerprint background check within one year prior to the date of the interpreting/transliterating services being provided.

(2) 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 who have record of a successful fingerprint background check, consistent with Section 53A-3-410(2) and R277-516.

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

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

 

R280-203-[5]6. Unprofessional Conduct.

A. The Manual supplements [T]the definition of ["]unprofessional conduct["] provided in 53A-26a-502[shall be supplemented with the definition applied to educators in R277-514-3 and provided in the INTERPRETERS/TRANSLITERATORS MANUAL].

B. The Board designates the procedure in R280-203-6 as an informal adjudicative proceeding, under Section 63G-4-203.

[B]C. A complaint alleging unprofessional conduct by a certified interpreter /transliterator may be filed [under]consistent with the procedure[of R277-514. The procedure is provided] in the [INTERPRETERS/TRANSLITERATORS MANUAL]Manual.

[C. The complaint shall be reviewed by the Commission as provided for in R277-514-4.

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

E. The Board shall make the final disciplinary decision consistent with the Manual.

 

R280-203-[6]7. Renewal and Reinstatement.

A. An individual holding an interpreter['s]/transliterator certificate is eligible to have that certificate renewed as provided in the [INTERPRETERS/TRANSLITERATORS MANUAL]Manual.

B. An individual whose interpreter['s]/transliterator certificate has been suspended or revoked for unlawful or unprofessional conduct may apply for reinstatement to the Board. The Board may require the applicant for reinstatement to complete the procedure for certification or may, upon consultation with the advisory board, designate the areas of the application process in which the applicant shall be reviewed.

 

KEY: certification, interpreters/transliterators

Date of Enactment or Last Substantive Amendment: [January 3, 2003]2014

Notice of Continuation: September 9, 2014

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

 

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