BILL REQ. #:  H-4106.1 

READ FIRST TIME 02/11/14.   

     AN ACT Relating to assuring that education-related information is appropriately provided by public schools to parents with diverse cultural and linguistic backgrounds; adding a new section to chapter 28A.300 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The number of foreign language speakers has substantially increased in Washington's public schools over the last decade. The office of the superintendent of public instruction reports that nine percent of the state's total student population was enrolled in the transitional bilingual instruction program as of May 2013, and more than two hundred different languages are spoken in students' homes.
     (2) Access to education-related information and communication in a language they can understand helps limited English proficient parents and guardians make informed decisions regarding their children's academic future. Greater participation and involvement by parents and families prevents students from dropping out of school, increases the likelihood of student success in school, and contributes to closing the educational opportunity gap.
     (3) The office of the education ombuds reports an increased number of complaints from English language learner students and limited English proficient parents regarding lack of provision of accurate and reliable interpretation and translation services for parents, as well as having children act as interpreters during parent meetings.
     (4) There are no certification programs in the state specifically for K-12 education language interpreters, that is, bilingual adults who are proficient in educational terminology, interpretation, and translation. The lack of qualified individuals causes public schools to use untrained bilingual adults or students themselves as interpreters for school meetings with limited English proficient parents. This practice creates an unfair disadvantage for English language learner students as their parents might not receive accurate, reliable information. Use of students in place of qualified adult interpreters also places undue burdens on young children who may not yet be fully proficient in either their native language or in English, and undermines parental authority.
     (5) Federal laws pertaining to the elementary and secondary education act, civil rights, antidiscrimination, and migrant and bilingual education, as well as state education laws and rules, affirm the rights of parents of public school students to have access, as practicable, to education-related information in a language they can understand.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.300 RCW to read as follows:
     (1) Subject to funds appropriated for this specific purpose, by June 1, 2015, the Washington state school directors' association, together with the office of the education ombuds, the office of the superintendent of public instruction, and representatives of the educational opportunity gap oversight and accountability committee, parents with diverse cultural and linguistic backgrounds, and interested education associations, must develop a model language access policy and procedure for adoption by school districts.
     (2) At a minimum, the policy and procedure must:
     (a) Be aligned with federal and state laws pertaining to the rights of parents and legal guardians of public school students to language access; and
     (b) Require use of adult language interpreters, not students, for school meetings with limited English proficient parents and legal guardians about high-stakes educational situations.
     (3) The work group convened under subsection (1) of this section shall compile a list of guidelines, local and national best practices, community resources, interpretation and translation contractual services available in the state, and electronic and telephonic services available for the provision of both oral interpretation and translation of written communications for limited English proficient individuals. The list must be made available through electronic means by September 1, 2015, and updated annually by the Washington state school directors' association, the office of the education ombuds, the office of the superintendent of public instruction, and the educational opportunity gap oversight and accountability committee.
     (4) The work group convened under subsection (1) of this section shall also establish a definition of "high-stakes educational situations" for use in the model language access policy and procedure. In reviewing potential high-stakes educational situations, the work group shall take into consideration discussions of academic progress or academic deficiencies, health and safety, and disciplinary matters.
     (5) For the purposes of this section, "language interpreter" means a bilingual or multilingual individual who provides oral or written language interpretation for others.
     (6) By August 1, 2016, each school district board of directors must, at a minimum, adopt the model language access policy and procedure developed under this section.

NEW SECTION.  Sec. 3   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void.