A recent lawsuit brought by Latino parents against a school district in Massachusetts and that state’s Department of Education has put U.S. translation and interpretation regulations in the spotlight.
Several federal laws come into play to understand U.S. public schools’ requirements, with an uptick in activity in recent years. While many of the early regulations don’t specifically use the terms “translation” and “interpretation,” they reference the need for schools to offer documentation to parents in a language they can understand.
The topic initially builds off Title VI of the Civil Rights Act of 1964: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
The following year, President Johnson signed into law English Learners and Title III of the Elementary and Secondary Education Act (ESEA), which included funding distribution guidance for supplementary educational centers and services.
Then, in May 1970, a U.S. Department of Education (DE) memo came out regarding non-English school activity notices. “School districts have the responsibility to adequately notify national origin-minority group parents of school activities that are called to the attention of other parents. Such notice, in order to be adequate, may have to be provided in a language other than English,” according to a 2011 webinar, “Translation and Interpretation for English Learners,” presented by the DE’s Office of Elementary and Secondary Education.
Four years later, President Nixon’s Equal Educational Opportunities Act of 1974 required, among other things, “that states and school districts to provide English Language Learner (ELL) students with appropriate services to overcome language barriers,” according to the U.S. Department of Justice (DoJ) website’s Educational Opportunities Section. This ensures that English language students “can participate meaningfully and equally in educational programs,” states a January 2015 Joint Fact Sheet from DoJ and DE.
1975 brought the Education for All Handicapped Children Act, now known as the Individuals with Disabilities Education Act (IDEA); signed by President Ford, “the law guaranteed access to a free appropriate public education (FAPE) in the least restrictive environment (LRE) to every child with a disability,” noted on the DE website’s IDEA page.
According to “A Toolkit for Teachers and School Personnel, Tool 5” on the Bridging Refugee Youth & Children’s Services website, IDEA includes the following:
Moving forward to August 2000, President Clinton signed Executive Order 13166, “Improving Access for Persons with Limited English Proficiency” (LEP), which clarified Title VI responsibilities. BRYCS’s 2011 “Tool 5” Toolkit states that the order “discusses what constitutes ‘reasonable steps' to ensure that clients in federally funded programs have meaningful access to the information and services provided and looks at four factors:
The 2001 No Child Left Behind Act (NCLB) looked, in part, at where students “needed additional support, regardless of race, income, zip code, disability, home language, or background,” the DE website states. According to the BRYCS “Tool 5” Toolkit, this includes information on academic assessments, state and agency report cards, parents’ rights, supplemental educational services, and programs, meetings, and other district activities.
In 2015, the Every Student Succeeds Act (ESSA) was signed into law by President Obama, reauthorizing the ESEA, clarifying funding provisions, and offering revisions to English learner proficiency and accountability standards, according to a 2016 document on the Council of Chief State School Officers website. It also amended IDEA.
These mandates, in essence, say that “LEP parents are entitled to meaningful communication in a language they can understand, such as through translated materials or a language interpreter, and to adequate notice of the information about any program, service, or activity that is called to the attention of a non-LEP parent,” according to a 2015 fact sheet on the DE’s Office for Civil Rights webpage.
And how many students may actually need translation services? Consider this: according to the second January 2015 Joint Fact Sheet from the DoJ and DE, “English learner (EL) students constitute nine percent of all public school students and are enrolled in nearly three out of every four public schools.”
Compliance with these federal requirements is critical for public school districts, and a reliable translation company can assist in offering a correct and complete translation of documents for students and parents.