BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1510
AUTHOR: Eng
AMENDED: June 17, 2009
FISCAL COMM: No HEARING DATE: June 25, 2009
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Interpreters
SUMMARY
This bill authorizes parents and guardians of English
language learners to bring an oral language interpreter to
conferences, meetings or proceedings held at a district
building or schoolsite or sponsored by the district or
school, unless doing so conflicts with state or federal
law.
BACKGROUND
Current law provides that parents and guardians of public
schools have the right and should have the opportunity to
be informed by the school and to participate in the
education of their children and that their lack of English
fluency does not preclude them from exercising these
rights, as specified. Current law also declares that
parents and guardians of English learners are entitled to
participate in the education of their children by, among
other things, receiving test results, as specified,
receiving required written notifications in English and
their home language, as specified, and participating in
school and district advisory bodies.
Current law also requires that, whenever 15 percent or more
of the pupils enrolled in a public school that provides
instruction in kindergarten or any of grades 1-12 speak a
single primary language other than English, determined as
specified, all notices, reports, statements, or records
sent to the parent or guardian of any such pupil by the
school or school district must also be written in the
primary language. The California Department of Education
(CDE) monitors adherence to this requirement and is
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required to notify school districts by August 1 of each
year, of the schools within the school district, and the
primary language other than English, for which the
translation of documents is required pursuant to current
law.
ANALYSIS
This bill :
1) Declares that parents and guardians of English
learners are entitled to participate in the education
of their children by bringing an oral language
interpreter to conferences, meetings, or proceedings
held at a school district building or schoolsite, or
sponsored by the school district or school, except
when doing so would conflict with state or federal
law.
2) Clarifies that the bill's provisions do not require a
school district to bear the cost of an oral language
interpreter who is brought by a parent.
3) Prohibits the bill's provisions from being construed
to reduce or eliminate any existing duties of a school
district under state or federal law to provide a
language interpreter.
STAFF COMMENTS
1) Need for the bill . In 2007-08, over 40 percent of
students enrolled in public schools spoke a language
other than English in their homes and almost 25
percent (1.5 million) of all students were considered
English learners. Of these students, the predominant
languages spoken are Spanish (85 percent), Vietnamese
(2.2 percent), Pilipino or Tagalog (1.4 percent),
Cantonese (1.4 percent), Hmong (1.3 percent), and
Korean (1.1 percent). Current law requires that all
written notices, reports and statements must be
translated into the primary home language whenever 15
percent or more of the pupils enrolled in a K-12
public school speak a single primary language other
than English. According to the author, neither state
nor federal law directly address when oral language
interpreters should or may be allowed. Inadequate
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knowledge of existing law and declining resources
cause many school districts to struggle to meet
interpreter needs for parents.
Additionally, a California Department of Education
publication, Quality Indicators for Translation and
Interpretation in Kindergarten Through Grade Twelve
Educational Settings notes, "Currently, California has
no comprehensive written policy or standard procedures
for recruiting, assessing, utilizing, and compensating
qualified translators and interpreters in kindergarten
through grade twelve educational settings. Practices
throughout California's schools and districts are
inconsistent and in some cases inadequate to serve
multilingual students and their families."
This bill would provide parents with the flexibility
and the right to bring their own interpreter so that
they have the opportunity to fully understand and
effectively participate in meetings and other school
district proceedings and to make informed decisions
about matters affecting their children.
2) Existing federal policy . This bill declares the right
of a parent/guardian to bring their own interpreter
except when in conflict with state or federal law and
clarifies that this right does not diminish a
district's existing duty under state and federal law
to provide an interpreter. The sponsor has provided
several examples of interpretations of the federal
Civil Rights Act of 1964, (which prohibits
discrimination based on national origin and is
mirrored in state law, Government Code Section 11135,
et. al.) through regulation and court cases to require
school districts "to take affirmative steps to provide
equal access to educational programs for students with
limited proficiency in English" and to provide
interpreters. Many of these cases have involved the
delivery of special education services to English
Learner students. In addition, guidance issued by the
U.S. Department of Health and Human Services in 2002
notes that "a recipient or covered entity may expose
itself to liability under Title VI if it requires,
suggest, or encourages a limited English proficient
person to use friends, minor children, or family
members as interpreters as this could compromise the
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effectiveness of the service."
SUPPORT
Alhambra Unified School District
American Civil Liberties Union
American Federation of State, County and Municipal
Employees (AFSCME)
Asian Americans for Civil Rights and Equality
Asian Pacific American Dispute Resolution Center
Bay Area Parent Leadership Action Network
California Federation of Teachers
California Immigrant Policy Center
California Rural Legal Assistance Foundation
California Teachers Association
Garvey School District
Hispanic Association of Colleges and Universities
Public Advocates
San Francisco Unified School District
San Gabriel Unified School District
South Asian Network
OPPOSITION
None received.