Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4416 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4416
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 26, 2024.
5	5	The committee on Education, to whom was referred the petition
6	6	(accompanied by bill, House, No. 437) of Antonio F. D. Cabral and others
7	7	relative to the training, assessment, and assignment of qualified school
8	8	interpreters in educational settings, reports recommending that the
9	9	accompanying bill (House, No. 4416) ought to pass.
10	10	For the committee,
11	11	DENISE C. GARLICK. 1 of 4
12	12	FILED ON: 2/5/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4416
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act relative to the training, assessment, and assignment of qualified school interpreters in
20	20	educational settings.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. Chapter 69 of the General Laws is hereby amended by inserting the
24	24	2following section:-
25	25	3 Section 37. Training, assessment, and assignment of qualified school interpreters in
26	26	4educational settings
27	27	5 (a) As used in this section, the following words shall have the following meanings unless
28	28	6the context clearly indicates otherwise:
29	29	7 “Department”, the department of elementary and secondary education;
30	30	8 “Person with limited English proficiency (Person with LEP)”, an individual who has a
31	31	9limited ability to read, write, speak or understand English because the person uses primarily a
32	32	10language other than English. This includes parents or guardians of minor children with LEP,
33	33	11regardless of the children’s LEP status; 2 of 4
34	34	12 “Interpretation”, the immediate oral rendering of an utterance from a source language
35	35	13into a target language;
36	36	14 “Interpreter”, a person who has demonstrated language proficiency in English and at least
37	37	15one other language and is readily able to interpret spoken language from English to the target
38	38	16language and from the target language to English, and who also has knowledge and
39	39	17understanding of the pertinent subject matter to be translated, the role of the interpreter in school
40	40	18settings, and ethics and confidentiality with respect to interpretation;
41	41	19 “Parent”, a natural, adoptive, or foster parent of a child, a guardian, or an individual
42	42	20acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other
43	43	21relative) with whom the child lives, or an individual who is legally responsible for the child’s
44	44	22welfare;
45	45	23 “Specialized meeting”, a meeting requiring a high level of interpretation skills including
46	46	24but not limited to discussion regarding: an Individualized Education Program (IEP); a safety plan
47	47	25or behavioral intervention plan (BIP); matters regarding school discipline; matters regarding
48	48	26special education due process; placement in an English Learner Education (ELE) program;
49	49	27development of or changes to an Individual 504 plan; addressing bullying complaints; or the use
50	50	28of physical restraint or seclusion of students;
51	51	29 “Standard meeting”, a parent conference, community meeting, or other school gathering
52	52	30that does not have legal context.
53	53	31 “Tier 1 interpreter”, an interpreter whose language proficiency need not be formally
54	54	32assessed; 3 of 4
55	55	33 “Tier 2 interpreter”, an interpreter who, after a formal assessment process to be
56	56	34determined by the department, demonstrates an understanding of basic educational terminology
57	57	35used in school settings, participates in ongoing professional development in interpreting, and
58	58	36exhibits tier 2 competency pursuant to subsection (b) of this section and department regulations;
59	59	37 “Tier 3 interpreter”, an interpreter who, after a formal assessment process to be
60	60	38determined by the department, understands specialized educational terminology used in school
61	61	39settings, participates in ongoing professional development in interpreting, and exhibits tier 3
62	62	40competency pursuant to subsection (b) of this section and department regulations.
63	63	41 (b) Consistent with the recommendations of the school interpreters task force created
64	64	42under section 81 of chapter 154 of the acts of 2018, the department shall: (1) develop and
65	65	43administer a system for training, assessing, and determining qualifications of interpreters in
66	66	44educational settings with assurance that tier 3 interpreters shall be used for all specialized
67	67	45meetings, tier 2 or 3 interpreters may be used for all standard meetings and tier 1 interpreters
68	68	46may be used during spontaneous, unannounced meetings or communication scenarios that occur
69	69	47in schools when a tier 3 or 2 interpreter is not available; (2) develop and make available an
70	70	48educational course of sufficient duration that includes coursework and field experience to
71	71	49support development of the key competencies and knowledge required of interpreters in schools;
72	72	50and (3) create a publicly accessible mechanism to identify tier 3 interpreters for scheduled
73	73	51specialized meetings.
74	74	52 (c) The department shall adopt regulations necessary to administer a system for training,
75	75	53assessing, and determining qualifications of interpreters in school settings to improve access for
76	76	54parents with LEP. The regulations shall be consistent with the recommendations of the school 4 of 4
77	77	55interpreters task force created under section 81 of chapter 154 of the acts of 2018, and shall
78	78	56include, but not be limited to:
79	79	57 (1) a process for assessing the language proficiency of interpreters seeking to interpret in
80	80	58school settings, including required levels of competency necessary to obtain tier 2 and tier 3
81	81	59interpreting status, with grandfathering allowed for school employees whose primary job
82	82	60responsibility has been to serve as an interpreter for one or more years;
83	83	61 (2) required hours of supervised field experience for tier 3 interpreters; and
84	84	62 (3) procedures for implementation of the publicly accessible mechanism created pursuant
85	85	63to subsection 1 of this section to identify and secure tier 3 interpreters for scheduled specialized
86	86	64meetings.
87	87	65 SECTION 2. This act shall take effect upon its passage; provided, however, that the
88	88	66department may administer a phased implementation of the provisions of subsection (b) of this
89	89	67act to a diverse number of school districts, subject to appropriation, and provided further that
90	90	68final implementation of all sections of this act shall take effect statewide when certified as
91	91	69appropriate by the commissioner of elementary and secondary education in a report to the
92	92	70general court.