H. B. 2885


(By Delegate Spencer)
[Introduced February 7, 2007; referred to the
Committee on Education.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to school based interpreters generally; and establishing standards for school based interpreters.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-18f, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-18f. Requirements for American sign language and English interpreters.

(a) In addition to any other requirements that a county board of education establishes, any person employed to provide American sign language or English interpreting or sign transliterating services on a full-time or part-time basis for a school district after the first day of July, two thousand eight must:
(1) Hold current interpreter and transliterator certificates awarded by the Registry of Interpreters for the Deaf (hereinafter referred to as "RID"), or the general level interpreter proficiency certificate awarded by the National Association of the Deaf (hereinafter referred to as "NAD"); and/or
(2) Satisfactorily complete an interpreter or transliterator
training program affiliated with an accredited educational institution.
(b) New graduates of an interpreter or transliterator program affiliated with an accredited education institution and current professional personnel employed as interpreters and transliterators by a county board of education who do not meet the level of interpreter proficiency required by RID or NAD may be granted a two-year provisional certificate. During the two-year provisional period, the interpreter or transliterator must develop and implement an education plan in collaboration with the county superintendent of schools and a mentor who must be an interpreter or transliterator who has either NAD level IV or V certification or RID, NIC, EIPA (Educational Interpreters Performers Assessment) level 4.0 certified interpreter and certified transliterator certification and have at least three years interpreting or transliterating experience in any educational setting. The mentor, in collaboration with the provisionally certified interpreter or transliterator, and the county superintendent of schools shall develop and implement an education plan designed to meet the requirements of subsection (a) of this section and include a weekly on-site mentoring process.
(c) In addition, a person holding a provisional certificate may apply to the commissioner for one time-limited extension. The county superintendent of schools, in consultation with the West Virginia Commission for the Deaf and Hard-of-Hearing, must grant the person a time-limited extension of the provisional certificate based on the following documentation:
(1) Letters of support from the person's mentor, a parent of a pupil the person serves, the special education director of the county in which the person is employed, and a representative from the West Virginia Commission for the Deaf and Hard-of-Hearing;
(2) Records of the person's formal education, training, experience and progress on the person's education plan; and
(3) An explanation of why the extension is needed.
(d) As a condition of receiving the extension, the person must comply with a plan and the accompanying time line for meeting the requirements of this subdivision.
(e) A committee composed of the director of the West Virginia Commission for the Deaf and Hard-of-Hearing, the county superintendent of schools or his or her designee, a parent of a child receiving interpreting services in the county, and other appropriate persons selected by the county superintendent of schools must develop the plan and time line for the person receiving the extension.
(f) A county board of education may employ only an interpreter or transliterator who has been certified under subsections (a) or (b), or for whom a time-limited extension has been granted under subsection(d) of this section.
(g) In addition to any other requirements that a county school board establishes, any person employed to provide oral transliterating or cued speech transliterating services on a full-time or part-time basis for a school district after the first day of July, two thousand ten, must hold a current applicable transliterator certificate awarded by a national certifying association.
(h) To provide oral or cued speech transliterator services on a full-time or part-time basis, a person employed in a school district must comply with the provisions of subsection (a) of this section. The State Superintendent of Schools shall grant a nonrenewable, two-year certificate to a school district on behalf of a person who has not yet attained a current applicable transliterator certificate under subsection (a) of this section. A person for whom a nonrenewable, two-year certificate is issued must work under the direction of a licensed teacher who is skilled in language development of individuals who are deaf or hard-of-hearing. A person for whom a nonrenewable, two-year certificate is issued also must enroll in a state approved training program and demonstrate progress towards the certification required under subsection (a) of this section sufficient for the person to be certified at the end of the two year period.
(h) A person holding a provisional certificate may apply to the State Superintendent of Schools for one time-limited extension. The State Superintendent of Schools, in consultation with the West Virginia Commission for the Deaf and Hard-of-Hearing must grant the person a time-limited extension of the provisional certificate if the following documentation is provided:
(1) Letters of support from the person's mentor, a parent of a pupil the person serves and the special education director of the district in which the person is employed;
(2) Records of the person's formal education, training, experience, and progress on the person's education plan; and
(3) An explanation of why the extension is needed.
(i) As a condition of receiving the extension, the person must comply with a plan and the accompanying time line for meeting the requirements of this subsection. A committee composed of the State Superintendent of Schools or his or her designee, a representative of the deaf community, a holder of a current interpreter and transliterator certificate, and other appropriate persons selected by the State Superintendent of Schools must develop the plan and time line for the person receiving the extension. The Department of Education and the regional service areas shall work together to ensure that ongoing staff development training for educational interpreters and transliterators is provided throughout the state.


NOTE: The purpose of this bill is to establish qualification standards for school interpreters. Under the bill, effective on July 1, 2010 all school based interpreters must hold a certificate awarded by the Registry of Interpreters for the Deaf or the general level interpreter proficiency certificate awarded by the National Association of the Deaf. Procedures are provided to allow time for current professional interpreters and recent graduates to meet the new criteria. A county board of education is prohibited from hiring an interpreter who does not meet the new criteria after July 1, 2010 with the exception of new graduates.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.