HB564-April 22

Posted April 22, 2003
HB 564 (Educational Interpreters) -- Update

Last Thursday (4/17/03) the House passed HS HCS HB 564, which if enacted into law would basically

(1) create a new "provisional public school certificate" for educational interpreters,
(2) require the BCI to issued such a certificate to any person nominated by a local school district who the district feels could perform the duties of an interpreter in their school, and
(3) provide the holders of such a certificate an exemption to the certification and licensure laws.

The HS HCS HB 564 is opposed by MCDHH as it is currently written for the following reasons:

(a) Subsection 2 presently gives to the local school district the responsibility to decide if the interpreter "has demonstrated the skills necessary for the assignment." This means that the local school district can hire whomever they want without any skill assessment by an independent agency (such as MCDHH). This is unacceptable, and at absolute minimum should mandate that the person hired already either [1] have a Novice or Apprentice certification or [2] have a minimum of 600 hours of documented experience of interpreting in educational settings.
(b) Subsection 4(2) presently indicates that the certificate shall "remain valid for eighteen months or until the person obtains the certification and licensure otherwise required by sections 209.319 to 209.339. The person may never "obtain the certification and licensure otherwise required by sections 209.319 to 209.339" Thus the "provisional public school certificate" could remain valid forever. This subsection definitely needs the words "whichever occurs first" in order to put a cap on the length of time that the certificate may be valid.
(c) It is totally unclear where the "eighteen months" figure comes from. Again, at minimum MCDHH would strongly suggest that it be changed to read "for the remainder of the academic year" rather than "for eighteen months."
(d) Language must be added to indicate clearly that the "provisional public school certificate" is a "one time only" certificate for any given person. A person should not be able to get such a certificate as a nominee of school district 5 in one year and then turn around the next year and get the certificate again as the nominee of school district 9. Without additional language, a given interpreter with minimal skills could continue to work forever in the educational system simply by moving around from school district to school district.
(e) Section 209.321(6) presently says that "A person granted a provisional certificate to interpret in a public school shall not be subject to the regular certification or licensure requirements of sections 209.319 to 209.339. This means that they will have no obligation to either engage in further training (obtain CEU's) or adhere to the Ethical Code of Conduct for interpreters. This language definitely needs modified in order to ensure that these people with minimal skills in fact engage in an intensive program of skill development (perhaps even requiring more CEU hours than is normally required), and that they be required to adhere to the Ethical Code of Conduct for interpreters.
(f) No where in the amended bill does it say that the interpreter granted a "provisional public school certificate" can only interpret in the school that made the nomination. This language definitely needs added or the holder of this certificate could presumably interpret in any situation they wanted (given that they will be exempt from the Skill Level Standards rule and the Code of Ethical Conduct.
(g) Section 209.309(3) says that "Provisional public school certificates may be revoked when the person ends their employment with the school district...." The word "may" in this sentence definitely needs changed to "shall" to ensure that the holder's certificate is revoked if they leave the employ of the school that nominated them for the certificate.
(h) Section 209.309(2) says that "Provisional public school certificates shall be issued within seventy-two hours of application...." Although MCDHH might generally be able to meet the strict demands of this section, there will definitely be times when the "seventy-two hours" provision is simply impossible, because of relevant MCDHH personnel being either sick or on vacation, as well as 3-day holiday weekends.

(i) Subsection 209.309(1)(4) that the person nominated must certify "that they will begin the application process" for certification and licensure "within ninety days." It is totally unclear what is meant by the word "begin." Has a person "begun" the application process if they simply call the MCDHH office and request an application form? Has a person "begun" the process if they obtain a copy of the application form and fill out part of the form (but leave it laying on their desk)? Does the process "begin" if the application form is mailed without a check for the appropriate application and/or test fee? Does the process "begin" when a person submits the application form, even though the person may never schedule them self to take the written test? This subsection definitely needs clarified?

In general, the language of this amendment is deficient in a great many respects, and if it became law it would clearly result in some educational interpreters continuing to provide interpreting services in Missouri public schools even though they were totally unqualified. The amendment, of course, was added at this time because of the fact that on July 1st of this year the Skill Level Standards rule of MCDHH becomes effective and would require all educational interpreters to have an Intermediate or higher level of certification, and there are currently many interpreters working in Missouri schools who cannot meet that requirement.

It can't be emphasized strongly enough that deaf and hard of hearing advocates who do not want to see this amendment become law will not have much time to react to this matter. If you oppose this amendment, then immediately contact your state senator and urge him or her to vote "NO" to HS HCS HB 564, unless the part that would create a "provisional public school certificate" is either reworded or deleted.

The entire wording of the amendment follows (with the new language of the amendment being in CAPITAL LETTERS).

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 564, Page 2, Section A, Line 24, by inserting after all of said line the following:

"209.309. 1. The board may offer provisional certification to interpreters achieving a minimal level of certification established by the board. A provisional certification is limited to one year; during such year the interpreter must be reevaluated and achieve the next higher level of certification. If an evaluation slot is not available during the term of the provisional license, the interpreter may be granted an extension. A holder of a provisional certification may only be granted one extension. A PERSON NOMINATED BY A LOCAL PUBLIC SCHOOL DISTRICT IN MISSOURI SHALL BE GRANTED A PROVISIONAL PUBLIC SCHOOL CERTIFICATE WHEN ALL OF THE FOLLOWING CONDITIONS ARE MET:

(1) THE LOCAL SCHOOL DISTRICT CERTIFIES THAT IT WAS UNABLE TO LOCATE AN INTERPRETER CERTIFIED AND LICENSED PURSUANT TO SECTIONS 209.319 TO 209.339, AND OTHERWISE ACCEPTABLE TO THE LOCAL SCHOOL DISTRICT FOR EMPLOYMENT, TO ACCEPT THE POSITION;

(2) THE LOCAL SCHOOL DISTRICT CERTIFIES THAT THE PERSON HAS DEMONSTRATED THE SKILLS NECESSARY FOR THE ASSIGNMENT TO THE SATISFACTION OF THE LOCAL SCHOOL DISTRICT;

(3) THE LOCAL SCHOOL DISTRICT CERTIFIES THAT FAILURE TO EMPLOY THE PERSON WOULD, TO THE BEST OF THEIR KNOWLEDGE, RESULT IN NONCOMPLIANCE WITH APPLICABLE STATE OR FEDERAL STATUTES OR REGULATIONS; AND

(4) THE PERSON NOMINATED CERTIFIES THAT THEY WILL BEGIN THE APPLICATION PROCESS FOR THE CERTIFICATION AND LICENSURE REQUISITE PURSUANT TO SECTIONS 209.319 TO 209.339 WITHIN NINETY DAYS.

2. PROVISIONAL PUBLIC SCHOOL CERTIFICATES SHALL BE ISSUED WITHIN SEVENTY-TWO HOURS OF APPLICATION CONTAINING THE ABOVE CERTIFICATIONS, AND SHALL REMAIN VALID FOR EIGHTEEN MONTHS OR UNTIL THE PERSON OBTAINS THE CERTIFICATION AND LICENSURE OTHERWISE REQUIRED BY SECTIONS 209.319 TO 209.339.

3. PROVISIONAL PUBLIC SCHOOL CERTIFICATES MAY BE REVOKED WHEN THE PERSON ENDS THEIR EMPLOYMENT WITH THE SCHOOL DISTRICT OR IF THE PERSON COMITS ANY OF THE ACTIONS LISTED IN SUBSECTIONS 1 TO 5 OF SECTION 209.317.

209.321. 1. No person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in section 209.285, EXCEPT AS PROVIDED IN SUBSECTION 6 OF THIS SECTION, in the state of Missouri unless such person is licensed as required by the provisions of sections 209.319 to 209.339.

2. A person registered, certified or licensed by this state, another state or any recognized national certification agent, acceptable to the committee that allows that person to practice any other occupation or profession in this state, is not considered to be interpreting if he or she is in performance of the occupation or profession for which he or she is registered, certified or licensed. The professions referred to in this subsection include, but are not limited to, physicians, psychologists, nurses, certified public accountants, architects and attorneys.

3. A licensed interpreter shall limit his or her practice to demonstrated areas of competence as documented by relevant professional education, training, experience and certification. An interpreter not trained in an area shall not practice in that area without obtaining additional relevant professional education, training and experience through an acceptable program as defined by rule by the Missouri commission for the deaf and hard of hearing.

4. A person is not considered to be interpreting pursuant to the provisions of this section if, in a casual setting and as defined by rule, a person is acting as an interpreter gratuitously or is engaged in interpreting incidental to traveling.

5. A person is not considered to be interpreting pursuant to the provisions of this section if a person is engaged as a telecommunications operator providing deaf relay service or operator services for the deaf.

6. A PERSON GRANTED A PROVISIONAL CERTIFICATE TO INTERPRET IN A PUBLIC SCHOOL SHALL NOT BE SUBJECT TO THE REGULAR CERTIFICATION OR LICENSURE REQUIREMENTS OF SECTIONS 209.319 TO 209.339.

209.322. The board shall recognize the following certificates:

(1) National Registry of Interpreters for the Deaf (NRID) certificates, which include Comprehensive Skills Certificate (CSC), Certificate of Interpreting/Certificate of Transliteration (CI/CT) and Certified Deaf Interpreter (CDI); [and]

(2) National Association of the Deaf (NAD) certificate levels 3, 4 and 5; and

(3) A PROVISIONAL PUBLIC SCHOOL CERTIFICATE."; AND

Further amend said title, enacting clause and intersectional references accordingly.

Look up Internet for your State Representative

For more information about legislation/issues,
contact MCDHH@mcdhh.state.mo.us.

This report is being posted by the Missouri Commission for the Deaf and Hard of Hearing.
04-21-03