Paragraph 82. The District shall inquire of all parents/guardians whether they would like notices from the school or the District provided in a language other than English and shall record this information in the student information system. The District shall provide notice to parents/guardians of new, incoming, and newly-identified ELLs and Opt Outs of the ELL programs and services available in the District and the availability of compensatory services. Such notice shall be sufficient to enable the parents/guardians to make meaningful, informed choices among the ELL programs and services. This information shall be deemed “essential information” and provided to parents/guardians in a language they understand, in accordance with the translation protocol set forth in Paragraph 83. The District shall provide the United States with copies of these notices, in all languages distributed, by October 15, 2012.
Paragraph 83. The District shall provide translation and interpretation services as follows:
- a. When notices or documents containing essential information are distributed at the District or school level:
- i. such notices and documents shall be translated into the District’s major languages and distributed to parents/guardians speaking those languages; and
- ii. parents/guardians speaking languages other than the major languages shall be promptly provided written or oral translations of the documents in a language they understand either upon the parents’/guardians’ request or if the need for such translation becomes apparent.
- b. When a District employee(s) needs to communicate with Limited English Proficient (LEP) or Non-English Proficient (NEP) parent(s)/guardian(s) orally regarding essential information:
- i. the communication shall be provided in a language the parent/guardian understands by means of an interpreter; and
- ii. the interpreter must be provided without undue delay.
- c. The District shall provide written or oral translations of information that is not deemed “essential information” upon receiving reasonable, specific requests for such information from LEP or NEP parents/guardians.
- d. Phase-in of school-level translation and interpretation services: The District shall phase in its comprehensive school-level translation and interpretation services over a 3-year period.
- i. Years 1 and 2 (through 2013-14 school year): The District shall develop, and submit for the United States’ review and approval, a comprehensive plan for phasing in school-level translation and interpretation services. The District shall continue to offer all translation and interpretation services that it offered at the time it entered into this Agreement, including translations of IEP forms and notices and interpretation services at IEP team meetings. In accordance with the specific requirements of the phase-in plan, the District shall actively work to build capacity and develop templates, systems and budgets for providing comprehensive school-level translation and interpretation services through trained and qualified individuals (consistent with Paragraphs 85 and 86) by Year 3. During this time, schools shall provide written or oral translations of essential information upon receiving reasonable, specific requests for such information from LEP or NEP parents/guardians.
- ii. Year 3 (2014-15 school year): The District shall fully implement all translation and interpretation requirements of this Agreement at both the District and school level.
- iii. Reporting: The District shall report its phase-in progress and any updated plans to the United States twice a year by October 15 and March 31 of each year, beginning with the 2012-2013 school year.
Paragraph 84. The District must make available to all school and district personnel a list of the District-level and school-level general use documents that have been translated, and provide electronic access to such documents. The District shall update the list throughout the year by adding recently created district-level and school-specific notices that may be of use to other schools to meet their translation needs, and shall provide the United States with updated versions of these lists on January 15 of each year.
Paragraph 85. All interpreters used by the District and/or its schools shall be:
- a. Bilingual and demonstrably qualified and competent to interpret;
- b. Trained in providing the interpretation they are asked to provide or sufficiently knowledgeable in both languages of any specialized terminology needed (e.g., special education terminology) to provide the requested interpretation accurately; and
- c. Trained in the ethics of interpretation (e.g., the need for accuracy and confidentiality in interpretation).
- d. With regard to school-level interpretation services, the requirements of this Paragraph shall be subject to the phase-in plan set forth in Paragraph 83.
Paragraph 86. Except in the event of an emergency, no student shall be used as an interpreter for any communications between the District or any of its schools and a LEP or NEP parent/guardian. If a LEP or NEP parent/guardian requests that an adult family member or adult friend provide interpretation for a communication with the District or one of its schools, the District must provide an interpretation through qualified District or outside resources for all essential information and any information that raises a potential conflict of interest. The District shall not use family or friends of LEP parents or children for written translations of District- or school-generated documents. With regard to school-level interpretation services, the requirements of this Paragraph shall be subject to the phase-in plan set forth in Paragraph 83.
Paragraph 87. By June 1, 2012, the District must compile information about how to obtain interpretation and translation services, and distribute that information to all District and school personnel. The District shall update this information and redistribute it by September 15 of each year by adding new interpretation or translation resources and by removing interpretation or translation resources that are no longer available. The District shall provide a copy of this information to the United States by October 15 of each year.