Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H437 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 1915 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 437
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Antonio F. D. Cabral
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the training, assessment, and assignment of qualified school interpreters in
13	13	educational settings.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/18/2023Carmine Lawrence Gentile13th Middlesex1/25/2023Christopher Hendricks11th Bristol1/26/2023James K. Hawkins2nd Bristol1/27/2023Peter Capano11th Essex1/30/2023Carol A. Doherty3rd Bristol1/30/2023Vanna Howard17th Middlesex1/30/2023Angelo J. Puppolo, Jr.12th Hampden1/31/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Paul A. Schmid, III8th Bristol2/1/2023Steven Owens29th Middlesex2/6/2023Jason M. LewisFifth Middlesex2/6/2023Bud L. Williams11th Hampden2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Samantha Montaño15th Suffolk2/6/2023Jon Santiago9th Suffolk2/6/2023Tram T. Nguyen18th Essex2/7/2023 2 of 2
17	17	Andres X. Vargas3rd Essex2/8/2023Frank A. Moran17th Essex2/8/2023Carlos González10th Hampden2/8/2023Jessica Ann Giannino16th Suffolk2/9/2023Christine P. Barber34th Middlesex2/9/2023Patricia A. Duffy5th Hampden2/9/2023Jennifer Balinsky Armini8th Essex2/10/2023James B. EldridgeMiddlesex and Worcester2/15/2023Patricia A. Haddad5th Bristol2/23/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/24/2023 1 of 4
18	18	HOUSE DOCKET, NO. 1915 FILED ON: 1/18/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 437
20	20	By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 437) of
21	21	Antonio F. D. Cabral and others relative to the training, assessment, and assignment of qualified
22	22	school interpreters in educational settings. Education.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the training, assessment, and assignment of qualified school interpreters in
29	29	educational settings.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 69 of the General Laws, as appearing in the 2020 Official Edition,
33	33	2is hereby amended by inserting the following section:
34	34	3 Section 37. Training, assessment, and assignment of qualified school interpreters in
35	35	4educational settings
36	36	5 (1) The following words, unless the context clearly indicates otherwise, shall have the
37	37	6following meanings:
38	38	7 “Department” the department of elementary and secondary education
39	39	8 “Person with Limited English Proficiency (Person with LEP)” an individual who has a
40	40	9limited ability to read, write, speak or understand English because the person uses primarily a
41	41	10language other than English. This includes parents or guardians of minor children with LEP,
42	42	11regardless of the children’s LEP status. 2 of 4
43	43	12 “Interpretation” the immediate oral rendering of an utterance from a source language into
44	44	13a target language
45	45	14 “Interpreter” a person who has demonstrated language proficiency in English and at least
46	46	15one other language and is readily able to interpret spoken language from English to the target
47	47	16language and from the target language to English, and who also has knowledge and
48	48	17understanding of the pertinent subject matter to be translated, the role of the interpreter in school
49	49	18settings, and ethics and confidentiality with respect to interpretation.
50	50	19 “Parent” a natural, adoptive, or foster parent of a child, a guardian, or an individual acting
51	51	20in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative)
52	52	21with whom the child lives, or an individual who is legally responsible for the child’s welfare.
53	53	22 “Specialized meeting” a meeting requiring a high level of interpretation skills including
54	54	23but not limited to discussion regarding: an Individualized Education Program (IEP); a safety plan
55	55	24or behavioral intervention plan (BIP); matters regarding school discipline; matters regarding
56	56	25special education due process; placement in an English Learner Education (ELE) program;
57	57	26development of or changes to an Individual 504 plan; addressing bullying complaints; or the use
58	58	27of physical restraint or seclusion of students;
59	59	28 “Standard meeting” is a parent conference, community meeting, or other school
60	60	29gatherings that does not have legal context.
61	61	30 “Tier 1 Interpreter” an interpreter whose language proficiency need not be formally
62	62	31assessed. 3 of 4
63	63	32 “Tier 2 Interpreter” an interpreter who, after a formal assessment process to be
64	64	33determined by the department, demonstrates an understanding of basic educational terminology
65	65	34used in school settings, participates in ongoing professional development in interpreting, and
66	66	35exhibits tier-2 competency pursuant to subsection 2 of this section and department regulations.
67	67	36 “Tier 3 Interpreter” an interpreter who, after a formal assessment process to be
68	68	37determined by the department, understands specialized educational terminology used in school
69	69	38settings, participates in ongoing professional development in interpreting, and exhibits tier-3
70	70	39competency pursuant to subsection 2 of this section and department regulations.
71	71	40 (2) Consistent with the recommendations of the School Interpreters Task Force, as
72	72	41authorized by Section 81 of Chapter 154 of the Acts of 2018, the department shall:
73	73	42 (A)develop and administer a system for training, assessing, and determining
74	74	43qualifications of interpreters in educational settings with assurance that tier 3 interpreters shall be
75	75	44used for all specialized meetings, tier 2 or 3 interpreters may be used for all standard meetings
76	76	45and Tier 1 interpreters may be used during spontaneous, unannounced meetings or
77	77	46communication scenarios that occur in schools when a tier 3 or 2 interpreter is not available.
78	78	47 (B)develop and make available an educational course of sufficient duration that includes
79	79	48coursework and field experience to support development of the key competencies and knowledge
80	80	49required of interpreters in schools; and
81	81	50 (C)create a publicly accessible mechanism to identify tier-3 interpreters for scheduled
82	82	51specialized meetings. 4 of 4
83	83	52 (3) The department shall adopt regulations necessary to administer a system for training,
84	84	53assessing, and determining qualifications of interpreters in school settings to improve access for
85	85	54parents with LEP. Said regulations shall be consistent with the recommendations of the School
86	86	55Interpreters Task Force, as authorized by Section 81 of Chapter 154 of the Acts of 2018, and
87	87	56shall include but not be limited to:
88	88	57 (A) a process for assessing the language proficiency of interpreters seeking to interpret in
89	89	58school settings, including required levels of competency necessary to obtain tier-2 and tier-3
90	90	59interpreting status, with grandfathering allowed for school employees whose primary job
91	91	60responsibility has been to serve as an interpreter for one or more years.
92	92	61 (B) required hours of supervised field experience for tier-3 interpreters.
93	93	62 (C) procedures for implementation of the publicly accessible mechanism created pursuant
94	94	63to subsection 1 of this section to identify and secure tier-3 interpreters for scheduled specialized
95	95	64meetings.
96	96	65 SECTION 2. This act shall take effect upon its passage, provided that the department
97	97	66may administer a phased implementation of the provisions of subsection 2 of this act to a diverse
98	98	67number of school districts, subject to appropriation, and provided further that final
99	99	68implementation of all sections of this act shall take effect statewide when certified as appropriate
100	100	69by the commissioner of elementary and secondary education in a report to the general court.
101	101	70
102	102	71