See PA RID's website to read the contents of the law.

http://www.parid.org/Act57.htm 

(added 11/11/2005)

  FAQ for Educational Interpreters

   FAQ for Registered Interpreters

See PaTTAN

Some Helpful Websites recommended by Kevin Williams , M.S. CI/CT

Classroom Interpreting

National Clearinghouse of Rehabilitation Training Materials (Click on Store then Interpreter)

   Email Dated July 1, 2006

Act 57 Amendment (HB2802) Passed

Dear PARID Member,

HB2802 passed in both Houses of the legislature as proposed with no amendments.  Here is the history of what happened.

Tuesday June 27, 2006 - final passage in the House of Representatives (199-0).  There was no discussion.
Friday June 30, 2006 - final passage in the Senate as sent from the House without amendment (49-0).  Note, Senator Orie, did try to submit an amendment to the bill that would have returned the 3.5 score on the EIPA to exemption #7 and add a 1-year extension for individuals to earn the credential.  However, she was told that there was not enough time left in the session to do so.  She then went on the record stating her intention to add the amendment and why it was not happening.  There was at least one other Senator who read comments on the Senate floor that he received from an interpreter regarding this bill.  If you are interested in seeing exactly what the discussion was, it can be found in the Senate Journal.  It takes approximately one month for this publication to become available.  Contact your Senator to obtain a copy.

This bill now goes to Governor Rendell for his signature.  If he signs it, it becomes law.

If the Governor signs it, I will call the Pennsylvania Board of Education and ask to be put on the "interested parties" list so that PARID is informed of any action or meetings regarding the regulations that will be written.  If you are interested in receiving this information directly, contact the Board of Education and ask to be added to the "interested parties" list as well.

I have spoken with Dr. Linda Rhen, from the Bureau of Special Education.  She has assured me that the Department of Education intends to include PARID and the other stakeholders in the process of writing the regulations.  I have already been invited to a meeting regarding this issue.  Understand that writing regulations is a lengthy process.  You will be updated on the progress of these regulations in the PARID newsletter.

PARID still has the comments and feedback that were collected from members during the Act 57 Forums held around the state in Dec 2005 - Jan 2006.  This information will be shared with the stakeholders.

Remember, this amendment to Act 57 only affects Exemption #7 (educational interpreters).  The Pennsylvania Board of Education is only writing the regulations for educational interpreters.  ODHH is still responsible for the administration of Act 57 as it pertains to interpreters in all other settings in the Commonwealth.

Thank you for your interest in this matter.

Sincerely,
Cindi Brown
PARID President

   Email Dated June 26, 2006:

Dear PARID member,

House Bill 2802 (HB 2802) was introduced into the House of Representatives last week.  This bill may be voted on in the House of Representatives as early as today (Monday, June 26, 2006) and in the Senate as early as Friday, June 20, 2006.

HB 2802 is an amendment to Act 57.  This amendment affects exemption #7.  It removes all reference to the EIPA and a minimum 3.5 score and replaces it with language mandating the Pennsylvania Board of Education to draft regulations for educational interpreters.

Act 57 Exemption 7 currently reads as follows:
(7) An individual who engages in interpreting or transliterating for a school-related activity in accordance with all of the following:
    (i)  The individual is employed in a public or private elementary or secondary school or institution chartered by the Commonwealth.
    (ii)  The individual received a rating equal to or exceeding 70% on the EIPA. A school district shall determine the EIPA by grade level of the child or class to which the interpreter is assigned and the sign system being used by the class or school.

HB 2802 Amendment to Act 57 – Exemption 7 would read as follows IF PASSED:
(7) An individual employed in a public or private elementary or secondary school or institution chartered by the Commonwealth who engages in interpreting or transliterating for the instruction of students or other school-related activity. Individuals exempt pursuant to this subsection shall comply with regulations promulgated by the State Board of Education establishing criteria for persons providing sign language interpreting and transliterating services to students.

PARID does not know when these proposed regulations will be written, how long it will ultimately take for the PDE to write them, and what requirements the PDE will decide upon.  Currently, educational interpreters are classified as para-educators, and there are no PDE standards for this job.  Therefore, PaTTAN can only recommend school districts use the EIPA as a screening and credentialing tool. Act 57 made the EIPA a requirement.  This amendment would enact regulations for the job position, but we have no crystal ball to tell us what the PDE would choose for those regulations.

Below I have a summarized the action on this bill as I understand it, the reasons why ODHH and others think it is a positive approach, and the PARID Board’s position, given the little information we have.

Here is a summary of the information I have so far:
Statistics say (I do not know who compiled these statistics, but I assume they have come from the EIRS - Educational Interpreter Reporting System that the Pennsylvania Department of Education established last year to track educational interpreters) that of the 300 educational interpreters in the Pennsylvania schools 150 have not yet achieved compliance with Act 57.  The one year extension that was granted through an agreement between ODHH and the Pennsylvania Department of Education from July 1, 2005 to June 30, 2006 will expire on June 30, 2006 and cannot be extended any longer.  It would be illegal.  So, in an attempt to allow these 150 interpreters who are not in compliance with Act 57 to continue working, HB 2802 has been drafted and will soon be presented for a vote in the House of Representatives.

Representative Jerry Nailor (the same person who sponsored the original Act 57) is the sponsor of HB 2802.  He has worked closely with the Department of Labor and Industry, the Department of Education, the Governor's Administration, PSEA, PSBA, their legal staffs, and other State Representatives to find a way to keep these 150 interpreters employed.  The result is HB 2802.

ODHH is in support of HB 2802:
The Pennsylvania Department of Education has been wanting to take on the responsibility of regulating educational interpreters for a while now.  This amendment now mandates that the Department of Education do something.  The regulations that the Pennsylvania Board of Education writes will be included in the school code.  Therefore, school districts will be required to follow them.  If not, both the individual interpreter and the school district can be penalized by the Department of Education (where ODHH can only penalize an offending interpreter in the current version of Act 57).  Also, if the Department of Education does not enforce the regulations, then ODHH can advocate and hold the Department of Education accountable.  According to ODHH, This makes the law stronger.  And, ODHH is an advocacy agency not a technical enforcement or education agency.  ODHH is saying that if Department of Education wants to do this, let them do it and then hold them accountable to do it.  Vance Coover, the Acting Director of ODHH, can be contacted at vcoover@state.pa.us or 1-800-233-3008.

Labor and Industry – Bill Gannon, Director of OVR
Once the law is in this phase and the regulations are being drafted, Bill Gannon suggests that PARID determines what it feels are acceptable regulations and join with advocacy groups to advocate against anything that interpreters do not want (this process can actually be started now).  Interpreters should join with parents/family member/IU groups.  PARID members would attend IU meetings, school board meetings, public hearings, IRRC (Independent Regulatory Review Commission) hearings, lobby the house and senate education committee members, etc and make a bunch of noise explaining why PARID (and individual members) supports the regulations that we do (using statistics, reasoning, logic, etc and not emotions).

Now concerning the regulations that the PA Dept of Education (PDE) writes: 
There is a regulatory process in place.  In my discussion with the PDE office, I learned that there are two ways regulations are written.  The normal way, which takes from 4 months to 2 years and has a lot of time and opportunity built in for public comment and input.  The other way is abbreviated, but there is still some allowance for public input.  If this amendment passes both the house and senate and is signed into law by the governor, I would then call the PDE office and asked to be put on the interested parties list.  You may do this as well.  Then, whenever there is any action taken, or notice of a meeting, PARID (and you) would be directly informed of it.  All of the meetings are open to the public and subject to the Sunshine Law.  All of the PDE regulations, drafts, and meeting schedules are available on their website.  The Pennsylvania State Board of Education can be contacted at http://www.pde.state.pa.us or 717-787-3787.

The PARID Board of Directors does not support this bill:

The philosophy of PARID is that excellence in the delivery of interpretation services among people who are Deaf/Hard of Hearing and people who are hearing will ensure effective communication.  It is the goal of PARID to promote the profession of interpreting and transliterating American Sign Language and English (PARID Bylaws).

1. Act 57 standards should apply to all interpreters who provide services in Pennsylvania.  We are concerned that insufficient credentials will be required for interpreters in the K-12 arena, thereby causing harm to deaf children.  In many cases these deaf children do not have the knowledge, ability, or legal standing to advocate for themselves in order to obtain the services that they need.  Children do not have a second chance to receive an education – their service providers should have appropriate skills BEFORE they set foot in a classroom.

2. In 2004 Pennsylvania State Registration with ODHH and/or an EIPA score of 3.5 were acceptable standards to the Pennsylvania Department of Education for educational interpreters.  Now, that the Department of Education has run out of time to have its personnel achieve these standards, the Pennsylvania Board of Education may lower the standard below a 3.5 on the EIPA.  In doing so, The Pennsylvania Board of Education is saying that the Free Appropriate Public Education all children are entitled to in the Commonwealth's Public Schools does not apply to deaf children.  [Food for thought - If a bus driver does not pass the minimum standard required to operate a bus (a driving test), is the Pennsylvania Department of Education permitted to write regulations for them that are separate from and less stringent than the Pennsylvania Motor Vehicle Code?]

3. Allowing the PDE to write the regulations for educational interpreters separate from the rest of the interpreting profession, will enable school districts, intermediate units, and the Pennsylvania Department of Education to keep educational interpreters at a para-professional status instead of recognizing the work that they do, raising the bar, and increasing the pay rates to match the credentials that they have.  The PDE has the responsibility to mandate additional requirements for educational interpreters above and beyond what the state already requires, but should not establish the minimum standards for interpreters to work in Pennsylvania.  Just as nurses who practice in the school system must meet the same professional standard of Registered Nurses practicing outside the school system; interpreters practicing in the school system should meet the same professional standard of professional interpreters practicing outside the school system.

4. Act 57 already provides for interpreters who do not hold the necessary credentials to work under exemption #5 if they are requested by the deaf individual (or guardian in this case) by completing the appropriate paper work.  If a parent/guardian would like to request an interpreter who has not yet achieved the credentials listed in the law, they have the right to do so under exemption #5. 

5. The PARID Board believes that all of the stakeholders should have been consulted before the writing of this amendment.  To our knowledge, PARID, PSAD and parents of deaf children were not asked for input on this amendment.  In addition, neither the ERCHL committee (Educational Resources for Children with Hearing Loss) nor the ODHH Advisory Council have an interpreter member, yet they routinely deal with interpreting issues.  It concerns us that interpreter’s voices are not being heard on these two committees.

6. Educational Interpreters make up 29% of the PARID membership.  These interpreters have worked long and hard to raise the standards of educational interpreters helping them to earn what professional respect they currently receive.  This amendment could be a set-back for the educational interpreter profession in Pennsylvania.

As you can see, the PARID Board has several concerns regarding this amendment, the primary one being the potential for harm to occur to deaf children in our Pennsylvania classrooms.  Because a person is under the age of 18 and in a school setting, it should not affect the quality of services to which they have a legal right.

Here is the timeline for HB 2802:
Monday June 26, 2006 - It can be presented for 3rd consideration and a vote in the House of Representatives.  The legislative session begins at 1:00pm on Monday.  The house majority leader decides the schedule for voting and it is not known until ½ hour before the start of the session whether the bill will be presented for a vote.

If it passes in the House of Representatives, it goes to committee in the Pennsylvania Senate.  Here is a possible timeline for this bill in the Senate:
Tuesday – committee passes it and sends it to the floor of the Senate
Wednesday – 1st consideration
Thursday – 2nd consideration
Friday – 3rd consideration and vote
So, if this goes through the legislature smoothly and quickly it may be a done deal by Friday, June 30, 2006.
Then it is sent to the Governor for his signature.

June 30, 2006, is the last day of the legislative session until September, unless the budget is not completed and there is an extension to pass the budget.  This bill is on the fast track.  School starts in August, the legislature will not be back in session until September, and the agreement between ODHH and the Department of Education allowing educational interpreters a one year extension to get to the 3.5 on the EIPA will expire on July 1, 2006.  The Department of Education wants to do something now to get this taken care of so their interpreters who do not have a 3.5 on the EIPA will still be able to work when school begins in August.

Here is what you a PARID member can do now:
1. Contact your State Representative, State Senator, the House Education Committee Members, and the Senate Education Committee Members to let them know how you feel about this bill.
2. Have your family members, friends, and neighbors contact their State Representative, State Senator, the House Education Committee Members, and the Senate Education Committee Members to let them know how they feel about this bill.
3. Remember that when contacting you Legislators use reasoning, logic, examples, etc. and not emotions to get your point across.  Use spell check and proofread your writings!
4. Below is are several links for your convenience.

Pennsylvania State Home Page
http://www.state.pa.us

Link directly to the text of HB 2802
http://www.legis.state.pa.us/WU01/LI/BI/BT/2005/0/HB2802P4290.HTM

Link to Who's My Legislator page to find the contact information for your Pennsylvania State Legislators
http://www.legis.state.pa.us/cfdocs/legis/home/find.cfm

Link to the Pennsylvania Senate Education Committee Members
http://www.legis.state.pa.us/cfdocs/legis/home/member_information/senators_sc.cfm#edu

Link to the Pennsylvania House of Representative Education Committee Members
http://www.legis.state.pa.us/cfdocs/legis/home/member_information/representatives_sc.cfm#edu

Thank you for your time and attention to this matter.

Sincerely,
Cindi Brown
PARID President

Subject: [PARID-Board] RID's response to Pennsylvania Act 57 and CPC Question

Hello everyone,

In February I sent a letter to RID regarding ODHH's verbal requests for registered interpreters to report alleged violations of Act 57 and whether an interpreter making a report would be considered to be in violation of the CPC (depending on the circumstances).

Below is the message that I received from Clay Nettles that summarizes RID's legal counsel's advice.  Clay has faxed me the full text of the letter.  I will get it when I arrive home tomorrow.  I will bring copies of the letter to the board meeting for everyone to see.  Prior to the board meeting please do the following:

1. Refresh your memory by reading the original email that I sent to RID.  It is dated February 23, 2006; addressed to Region I Representative, Rachel Coppelli; Subject: Pennsylvania State Law and the RID Code of Professional Conduct (you can find it in the message section of the yahoo groups site). 

2. Read RID's response below (full text will be available at the meeting).

3. Read the draft of the Act 57 position statement that we voted on at the January meeting (Attached).  There are two sections highlighted in red that will need our attention.

We will be discussing this item at the meeting (not via email) - revision of the Act 57 position statement, notice to ODHH, any questions and concerns that you have.

Thanks,
Cindi

-----Original Message-----
From: Clay Nettles [mailto:admin@rid.org]
Sent: Mon 5/1/2006 3:42 PM
To: Brown, Cindi
Cc: Rachel Coppelli
Subject: Pennsylvania Act 57

President Brown;

RID reviewed Pennsylvania Law No. 57.  Due to certain provisions and
concerns regarding same, after an internal review, we asked RID's legal
counsel to review the Statute and to comment thereon.

Legal counsel believes that ".if a certified interpreter learns that another
interpreter is not registered under the Pennsylvania Statute during the
course of an interpreting or transliterating function, the confidential
requirement of both the Statute and the Code of Professional Conduct would
require that interpreter to keep that information confidential.  However,
during the course of such a function, encouragement should be made to the
non-registered interpreter to make that knowledge known to the client so
that the client can make a determination as to whether to continue with that
person's services.  In that event, the certified interpreter should not give
advice to the client or influence the client in any way with the decision.

As a further element of the Statute, any information that is learned during
such a function may not be revealed by the certified interpreter unless that
information is allowed to be revealed by the consent of the individual
receiving the interpreting or transliterating services.  As a follow-up to
that requirement, I would advise the certified interpreter to obtain the
consent in writing.

There may also be situations where a certified registered interpreter learns
about the role of an interpreter who is not registered from public source
material, such as looking up the list of registered interpreters at the
Pennsylvania Office for the Deaf and Hard of Hearing.  If this inquiry is
made independent of an interpreting function, and not after or as a
follow-up to an interpreting function, then I suppose that the information
was gained independently of an interpreting or transliteration service.
Whether or not that particular registered interpreter cares to report an
alleged violation, is a matter of personal judgment."

Legal counsel goes on to state, and RID agrees with, a firm belief that
registered and certified interpreters should not necessarily be engaging in
policing or enforcing the particular provisions of the Pennsylvania
Registration Statute.

In short, legal counsel believes that a registered interpreter would be in
danger of violating the Statute and the Code if they report the information
that a non-registered interpreter is working in an assignment if that
information is gained from an assignment.  Their responsibility in the
matter is to encourage the non-registered interpreter to inform the client
of that fact and allow the client, without the registered interpreter's
counsel or opinion, to determine how to proceed.  After the assignment, they
should not reveal such information.

Secondly, if not involved in an assignment and they learn of such
information, then it is up to the personal judgment of the interpreter as to
whether they should report same.  Either way, they would not be in violation
of the Statute or the Code.

Regardless, legal counsel and RID is concerned when interpreters become
an/the enforcement mechanism for legal statutes.

I will be happy to fax or send a full copy of the text of the letter from
legal counsel and/or talk to you further in this matter at your convenience.

We hope this information is helpful.

Clay Nettles

    Explanation of Interpreter State Registration Act

Read letter below to see Ken Puckett's, Director of the Pa Office for the Deaf and Hard of Hearing (ODHH) comments about this new law.

Dated 5/19/2005

  Letter from Ken Puckett about Act 57

COMMONWEALTH OF PENNSYLVANIA
                 PENNSYLVANIA DEPARTMENT OF EDUCATION
 BUREAU OF SPECIAL EDUCATION
        August 22, 2005

SUBJECT:    Act 57 of 2004 - Educational Interpreters

TO:         Intermediate Unit Executive Directors
            Intermediate Unit Special Education Directors
            School District Superintendents
            Charter School Chief Academic Officers
            Approved Private School Administrators

FROM:       Linda O. Rhen, Ed.D.
            Director


This message provides important information regarding the
qualifications required of Educational Interpreters beginning in this
2005-06 school year.  Please provide copies of this notice to all
currently employed Educational Interpreters and also provide a copy to
any applicant for an interpreter position.

With the passage of Pennsylvania's Act 57 of 2004, The Sign Language
Interpreter and Transliterator State Registration Act, there are
specific requirements for interpreters and transliterators who
assist individuals who are deaf or hard of hearing, including
educational interpreters.  Under the provisions of the Act, effective
July 1, 2005, educational interpreters who are not registered with the
Office of the Deaf and Hard of Hearing (ODHH) are exempted from the
registration requirements of Act 57 if they have scored at least a 70%
(3.5 on a 5.0 scale) on the Educational Interpreter Performance
Assessment (EIPA).

Through Act 57, ODHH has been given oversight responsibility for the
provisions of the Act.  Based on a cooperative agreement between ODHH
and the Pennsylvania Department of Education (PDE), current educational
interpreters have until the start of the 2006-2007 school year to attain
at least a 3.5 on the EIPA if certain conditions are met.  Those
conditions are:  1) that the interpreter has previously taken the EIPA
regardless of the score that he/she may have obtained; or 2) that the
interpreter has taken the screening version of the EIPA (EIPA pre-hire)
and received a satisfactory rating on that assessment tool.  Also, as
part of the agreement with ODHH, the educational interpreters (1 and 2,
above) must complete a "skill development plan" in conjunction with
their supervisor, to address areas of need identified in the EIPA.

To assist educational interpreters to achieve a minimum score of 3.5,
the State's Bureau of Special Education, in conjunction with the
Pennsylvania Training and Technical Assistance Network (PaTTAN), has
developed numerous trainings specifically designed for educational
interpreters for the 2005-2006 school year.  Please check the PaTTAN
Web site http://www.pattan.net for dates and locations.  We encourage
all educational interpreters in Pennsylvania to take advantage of these
excellent trainings - both to bring scores up to 3.5, and to improve
the skills of educational interpreters who have already scored above
3.5.

The new reporting system for educational interpreters is available,
online beginning August 22, 2005.  All educational interpreters should
go to the PaTTAN Web site at
http://www.pattan.net/supportingstudents/EducationalInterpreters.aspx,
follow links to the EIRS and complete the information requested by
September 20, 2005.  Once you have accessed the Educational Interpreter
Reporting System (EIRS), create an account using the "First Time User?"
button.  After your account has been created and you are logged in, use
the navigation on the left side of the screen to complete "My Personal
Information."  If you have taken the EIPA complete "My EIPA Testing
Data".  If you have not yet achieved a score of at least 3.5 on the
EIPA, please also complete the "My Professional Development Data"
section of EIRS.  This information will be kept confidential - only you,
your employer, ODHH and PDE will have access to the information.  This
system, the Educational Interpreter Reporting System (EIRS), is part of
our agreement with ODHH and will assist IUs, school districts, Approved
Private Schools and charter schools throughout the state in determining
the status of their interpreters.  Also, the data from the EIRS will
assist PaTTAN in providing trainings for interpreters specific to the
needs that have been identified by interpreters' scores on the EIPA.

Thank you for your efforts toward meeting the requirements of Act 57
and for the service you provide in the Commonwealth to students who are
deaf and hard of hearing.  You may view Act 57 by going on the internet
to
http://www.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB0445P4198.HTM 

For further information or to schedule an EIPA or an EIPA pre-hire,
please contact your regional office of PaTTAN.

PaTTAN King of Prussia:  800-441-3215
PaTTAN Harrisburg:  800-360-7282
PaTTAN Pittsburgh:  800-446-5607

PENN*LINK

 

Many Interpreters and Interpreter Referral Services received Preliminary Registration Forms from the Supreme Court of Pa.  Read Ken Puckett's letter of clarification.

  ODHH Letter of Clarification