Laws Governing Interpreting Services ADA (Americans With Disabilities Act)     |     IDEA (Individuals with Disabilities Education Act) Section 504 of the Vocational Rehabilitation Act     |     Revised Code of Washington, Section 2.42 IMPORTANT NOTE: W.I.N. interpreters are not legal professionals; they simply offer an explanation of various prevailing laws regarding interpreting services for the enlightenment of clients. Clients are urged to seek legal counsel if they require legal advice. Americans with Disabilities Act of 1990 (Public Law 101-336) In general, this law requires federal and government agencies as well as private businesses to make reasonable accommodation so that their services are accessible to persons with disabilities. In the case of Deaf or hard of hearing people, this generally means that these entities must provide assistive devices, TTYs, or interpreters in order to give Deaf and HOH people equal access to any communication which goes on in the course required or necessary interactions. Please go to the Department of Justice ADA Home Page for details. (Source: US Dept. of Justice.) [top] SECTION 504 OF THE VOCATIONAL REHABILITATION ACT OF 1973 "Section 504 is a national law that protects qualified individuals from discrimination based solely on their handicap. The nondiscrimination requirements of the law apply to employers and organizations which receive financial assistance from any Federal department or agency, including DHHS(The Department of Health and Human Services). Section 504 forbids excluding or denying individuals with handicaps an equal opportunity to receive program benefits and services. It defines the rights of individuals with handicaps to participate in and have access to program benefits and services. The law also covers discrimination in employment matters." (Source: Office for Civil Rights Fact Sheet) [top] INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1997 (REAUTHORIZED) Supercedes the previous law, Public Law 94-142, The Education of All Handicapped Children Act. IDEA is the set of specifications governing how a child's eligibility for special education is determined, and who is responsible for providing a free and appropriate education in the least restrictive environment for the child. IDEA, as it pertains to the Deaf and hard of hearing, requires that schools "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunites for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and consider whether the child requires assistive devices and services". IDEA is generally interpreted as requiring schools to provide interpreters, assistive devices, speech and language services, and other accommodations to the student at no cost to the student or his or her family, if these accommodations are required to provide the student a free and appropriate education in the least restrictive environment for the student. The entire contents of the Individuals with Disabilities Education Act of 1997 are available (warning: contains all of the actual legislation - get ready to wade!). (Source: NICHCY (The National Information Center for Children and Youth with Disabilities): 1-800-695-0285) [top] REVISED CODE OF WASHINGTON, SECTION 2.42 RCW 2.42 contains the legal guidelines which govern interpreter services in the legal (court) setting. In summary, this code explains that courts must provide an RID-certified interpreter for Deaf defendants and witnesses in all court proceedings, as well as for any Deaf family members of hearing defendants. A Deaf consumer can only waive his or her right to an interpreter if that waiver is interpreted by a certified interpreter. Requirements under this code: Interpreters are to be provided to "person[s] who, because of a hearing or speech impairment, cannot readily understand or communicate in spoken language; and includes persons who are deaf, deaf and blind, speech impaired or hard of hearing" (RCW 2.42.110). Interpreter must interpret in a manner understood by the client(s) and interpret the message faithfully Interpreters must be provided: for any judicial or quasi-judicial proceeding if the "parent, guardian or custodian of a juvenile is hearing impaired" for any program or parole activity required as part of a hearing-impaired person's sentence during any criminal investigation, if a hearing-impaired person is involved as a victim, witness, or suspect. "for any notifiaction of rights, warning, interrogation, or taking of a statement" No relative of the Deaf person involved may act in the interpreter role Courts must pay for intermediary interpreters when needed Courts must provide an interpreter in order for a Deaf consumer to waive his or her right to an interpreter, and this waiver can be revoked by the Deaf consumer at any time Interpreters can not be questioned about privileged communication Interpreters are entitled to compensation ("a reasonable fee") for their services, including wait time and necessary travel expenses There may be other federal or local laws or policies which affect the provision of and payment for interpreting services. Contact Whatcom Interpreter Network with questions. [top]