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Posted April 30, 2004
HB 1040 - SCS HCS HB 1040 Must Be Changed!

Section 209.321.6 of SCS HCS HB 1040 presents a POTENTIALLY DEVASTATING ATTACK upon the Missouri Interpreters Certification and Licensure System, and would result in GREAT HARM TO DEAF STUDENTS in Missouri public schools. We must do everything we can to get that section deleted from the bill. That section reads as follows:

"209.321.6. A person who is an employee or independent contractor of a Missouri public school district and is providing interpreting as part of special education, related services, or supplementary aids and services for students with disabilities, subject to the requirements of state and federal law, shall be exempt from the provisions of sections 209.319 to 209.339."

If this became law it would completely exempt all educational interpreters in Missouri public schools directly from the licensure law and thus indirectly from all certification requirements. If this became law, it would:

1. Completely eliminate statewide competency standards for educational interpreters, and step backwards to a system of arbitrary and inconsistent judgments made by individual school districts.

2. Completely eliminate the assessment of educational interpreter skills by professional evaluators working for an independent agency (MCDHH) that has had seven years experience in interpreter assessment and has certified over 700 interpreters, and step backwards to a system of individual assessments being made by school administrators who know little or nothing about interpreting and have a vested interest in hiring the individuals they are supposedly evaluating.

3. Completely eliminate the requirement that all educational interpreters have to engage in continuing education activities in order to maintain and possibly upgrade their interpreting skills, and step backwards to a system in which educational interpreters could interpret for as long as they pleased without ever doing anything to improve their skills (no matter how limited or inadequate those skills might be).

4. Completely eliminate the requirement that all educational interpreters have to adhere to the Ethical Rules of Conduct for Interpreters, and step backwards to a system in which educational interpreters could freely discuss anything and everything that they might have learned in a private conversation involving a deaf student for whom they were interpreting. Every professional group has a code of ethics, and it would be a terrible social policy to completely exempt educational interpreters from following their rules of ethical behavior.

5. Completely eliminate limits governing how long a person with minimal interpreting skills can continue to provide services in our public schools, and step backwards to allowing interpreters with limited or inadequate skills to retard the progress of deaf students by continuing to provide services in our schools forever.

6. Completely eliminate a basic certification and licensure system for educational interpreters that has been in place in Missouri for nearly a decade and that has been a leading role model in the national movement toward requiring either certification and/or licensure of educational interpreters in states throughout the country, and take a step backwards to a system that has no statewide performance standards for educational interpreters and provides fewer remedies under state law to deaf students and/or their parents who feel they have been denied equal access in the Missouri public school system.

If section 209.321.6 of SCS HCS HB 1040 were to become law, it would be unfair to almost everyone. In particular, it is:

(a) UNFAIR to students who rely on interpreters, as they will fall further and further behind their peers due to inadequate communications support in their classrooms.

(b) UNFAIR to other students in classes with students who use interpreters, as they will be deprived of the full participation of their classmates in class discussions due to the inability of interpreters to accurately convey the depth and richness of the ideas of the students who are dependent upon interpreters.

(c) UNFAIR to teachers who work hard to develop lesson plans and present materials that add significantly to their students education, as they will have their energies and creativity wasted because so little of what they say in their classroom is successfully communicated to their students who use interpreters.

(d) UNFAIR to the vast majority of educational interpreters in our state who have worked hard to develop their interpreting skills to meet the legal requirements of the Skill Level Standards rule, who take seriously their ethical responsibility to maintain their skills through participating in continuing education activities, and who maintain their professional demeanor through appropriate licensing in Missouri, as they will now have their professional status weakened by the fact that a few other educational interpreters with minimal skills will be allowed to interpret in Missouri public schools for as long as they desire.

(e) UNFAIR to all non-educational interpreters in our state who have worked hard to develop the skills necessary to allow them to engage in the practice of interpreting in Missouri, and now will see educational interpreters not have to get a license, not have to be certified, not have to engage in continuing education activities, and not have to abide by a professional code of ethics.

(f) UNFAIR to parents of students who rely on interpreters in their classrooms, as their children will not have an equal opportunity to progress in the Missouri educational system, but rather will be relegated to the status of "second class learners" due to deficient communications support in their classes.

(g) UNFAIR to Missouri taxpayers, as they will in the short term be forced to pay for incompetent interpreting services, and will in the long term be forced to pay for the many things that result from inadequate intervention services being provided to young children with hearing loss.The language of section 209.321.6 of SCS HCS HB 1040 must not be allowed to become law! All like-minded advocates must immediately inform all Missouri legislators and Governor Holden how you feel about this matter. Send e-mail to all of our legislators telling them to "delete section 209.321.6 of SCS HCS HB 1040, as it would produce great harm to deaf students in Missouri public schools." Ask Governor Holden to "speak out in favor of retaining our current interpreter licensing and certification laws, and veto any bill that comes to him from the legislature that would exempt educational interpreters from our licensing laws."

 

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.
03-7-04

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