برچسب: translation

  • Immigrant parents report faulty, slow translation of special education documents

    Immigrant parents report faulty, slow translation of special education documents


    Carmen Rodriguez, seated right, and other parents meet with state Sen. Anthony Portantino in the State Capitol.

    Credit: Courtesy of Innovate Public Schools

    Este artículo está disponible en Español. Léelo en español.

    When Los Angeles mother Tania Rivera signed a crucial document for her son Luis’ special education program in 2022, she was hoping he would be able to return to in-person classes after two years of distance learning. 

    But the individualized education program, or IEP, required for all children who need special education, was available only in English. Rivera’s first language is Spanish.

    Later she was told Luis, who has autism, would have to continue with online learning because the document did not specify that he needed in-person classes. In addition, she says, the document removed his occupational therapy for handwriting because a language interpreter erroneously said she objected.

    “It is a big disadvantage that we have, because I have some English, but it is very basic,” Rivera said in Spanish. “If we’re talking about educational terms or legal terms, the meaning can be lost with just one word” mistranslated.

    Monthslong waits and faulty or incomplete translations of special education documents are widespread across California for parents who speak languages other than English, according to special education advocates. They say these problems violate parents’ rights to participate in their children’s education plans under the Individuals with Disabilities Education Act, the federal law that regulates special education. 

    A proposal in the state Legislature, Senate Bill 445, aims to solve some of these problems, but its fate remains uncertain because of concerns over potential cost.

    “I’ve never seen a timely translation and I’ve never seen all documents being fully translated,” said Lisa Mosko Barros, founder of SpEducational, an organization that works to educate parents to be advocates for their children with special needs and improve their access to high-quality education. Mosko Barros has worked with dozens of families in Southern California, including Rivera, and trained hundreds of others on navigating the IEP process.

    She said she has heard the same complaints over and over.

    “I literally spoke to one parent this morning in the Inland Empire who a couple of years ago signed an IEP and didn’t realize she was signing consent to eliminating speech services for her child who is non-verbal with autism,” Mosko Barros said. “It really can make or break a child’s access to a free and appropriate public education.”

    Rivera’s son Luis, now in eighth grade, remained in online classes since fifth grade until this fall and regressed as a result, his mother said.

    In total, he lost three years of in-person classes, first in 2020-21 when all students had distance learning, again in 2021-22 because he has chronic asthma and his pediatrician recommended he stay home since vaccinations against Covid-19 were not yet available for children. Then, in 2022, the translation problems kept him out of in-person schooling for another year.

    “He has had academic setbacks, and socially, he regressed a lot because it was three years without interaction,” Rivera said.

    When asked how long the district takes to translate special education assessments and IEP documents, the Los Angeles Unified School District communications team wrote that “the District works to parallel the IEP timeline for consistency and return the translated document within the same 30-day timeframe.” They declined to comment on Rivera’s case.

    Rivera and almost 200 other people attended an online meeting in September with state Sen. Anthony Portantino, D-Burbank, at which parents shared how long wait times and poor-quality translations have hurt their children with special needs. They expressed their support for Portantino’s bill, which would require IEPs to be translated into a parent or guardian’s native language by a “qualified translator” within 30 calendar days of an IEP meeting or a later request.

    Current federal and state laws require that school districts “take any action necessary” to ensure parents understand IEP meetings, and state law requires they translate a student’s IEP at a parent’s request, but no time frame is specified.

    “I believe strongly that parents can best advocate for their children when they have the knowledge to do so. Not being able to read an IEP because of language barriers is unacceptable,” Portantino said. “We must find a way to translate IEPs more quickly.”

    Portantino said the issue is personal for him because he struggled with dyslexia and ADHD as a student and received limited help from the schools he attended.

    “I largely depended on developing my own learning methods, which included lots of repetition and good listening skills,” Portantino said. But he wants to make sure other children can get the help they need.

    The bill passed the Senate, the Assembly Education Committee and the Assembly Appropriations Committee with no opposition. But an analysis by the Assembly Appropriations Committee found that the bill could cost the California Department of Education $409,000 annually and could cost school districts between $6 million and $16 million, which might also have to be reimbursed by the state. Believing there was a risk the bill could be vetoed this year because of those costs, Portantino said he chose to make it a “two-year bill,” giving it more time to be discussed in the Legislature and with Gov. Gavin Newsom.

    San Francisco Unified School District passed a policy in 2022 to ensure “every effort shall be made” to translate special education documents before meetings so that parents have time to read and understand them. It also requires meeting times to be extended to allow for interpretation.

    Carmen Rodríguez is one of dozens of parents who pushed for that policy. Rodríguez has two children with disabilities. Before the San Francisco Unified policy passed, she said, she waited eight months for a written translation of the first assessment of her older son, who has anxiety and a learning disability, and a year for the IEP for her younger child, who has dyslexia. 

    “If it’s not in my language, how am I going to understand the document? How do I know that it really says here what my child needs?” Rodríguez said in Spanish.

    In addition, she said IEP meetings were often cut short because the district limited them to one hour, with no extra time allowed for interpretation.

    Belén Pulido Martínez, senior community organizer for Innovate Public Schools, an organization that worked to get the San Francisco policy passed, said the policy empowers parents.

    “Now in San Francisco, the district is training their special ed teachers on the policy, and we’re super happy about that because it’s not just a piece of paper that’s going to die in an office. It’s being implemented,” Martínez said.

    Matt Alexander, the San Francisco Unified Board of Education commissioner who worked with parents to write the policy, said school districts have to prioritize translation and interpretation if they want parents to be engaged.

    “In our district, over half of our families don’t speak English at home. So if we care about communicating with our families, we have to provide interpretation,” Alexander said. “Step one is, have a clear policy. Step two is, make sure you’re being accountable to families who are directly impacted. Is it working? How do we make it better?”

    Rodríguez said since the San Francisco policy passed, several other mothers have thanked her. She said she would love for SB 445 to pass so parents in other districts can also benefit.

    “So many children in many different places, many different schools, are not receiving the support they deserve, and their parents have to battle to get an evaluation and to get documents translated, and they find it really hard,” Rodríguez said. “It’s a really, really long document, and it’s a long process. And if it’s in our language, then it will be much easier for us parents to process and understand the document and the evaluation given to our children.”





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  • New law moves toward better translation of special ed documents, but families want more

    New law moves toward better translation of special ed documents, but families want more


    A special education class at Redwood Heights Elementary School in Oakland.

    Alison Yin / EdSource

    California schools will soon have a template for special education programs translated into 10 languages in addition to English.

    Advocates and parents of children with disabilities who speak languages other than English say it is a tiny step forward, but there is still work to be done to fix long waits and faulty translations experienced by many families statewide.

    “Ultimately, if parents can’t receive translated documents, they can’t meaningfully engage in their child’s education,” said Joanna French, senior director of research and policy strategies at Innovate Public Schools, an organization that works with parents to advocate for high-quality education. “They can’t provide informed consent. They can’t ask questions or push back on the services that are being proposed.”

    A bill introduced last year by state Sen. Anthony Portantino, D-Burbank, would have required school districts, charter schools and county offices of education to translate individualized education program (IEP) documents within 30 days. But the bill stalled in the Senate Appropriations Committee, where lawmakers decide whether the state has enough money to pay for legislation. This spring, the bill was revived, and Portantino revised it to require the California Department of Education (CDE) to create guidelines suggesting, rather than mandating, timelines for translation and how to identify quality translators and interpreters. But that version, too, was eventually scrapped. 

    The version of the bill that finally did pass the Legislature and was signed by the governor requires a template for IEPs to be translated into the 10 languages most commonly spoken in California other than English. The translated template must be made available online by Jan. 1, 2027. The template, which can be found in this document, includes categories of services, but also has blank space for language adapted to each student.

    “Obviously, whenever you get a partial victory, you take it and you celebrate,” said Portantino. “This is an incremental improvement. Having the template is a good thing. But obviously, these are individualized plans, so my hope is that someone takes up the mantle to get individual plans translated in a more timely manner.”

    Aurora Flores said she has had to wait sometimes six or seven months for special education documents to be translated into Spanish. Her 10-year-old son has Down syndrome and autism and attends school in the Long Beach Unified School District.

    “It’s really sad for us Spanish-speaking parents because the points that you want to clarify, you can’t understand. They just summarize really fast, with an interpreter, but sometimes it’s not a certified person,” said Flores in Spanish.

    Individualized education programs are required for students with disabilities who qualify for special education, and are updated each year or when needs change. Before schools can implement these programs, parents must agree.

    The person most affected by long waits for translations is her son, Flores said, because it takes longer for her to sign off on new services that he needs.

    “When you least expect it, you realize the next IEP meeting is coming up, and you have just received the documents from the last one,” Flores said.

    A spokesperson for Long Beach Unified, Elvia Cano, wrote in an email that the district “is dedicated to ensuring that all families, regardless of their primary language, have timely access to critical educational information, including Individualized Education Programs (IEPs).”

    However, she said getting high-quality translations of special education documents can be challenging.

    “Translating IEPs requires specialized linguistic and technical expertise. Translators must be fluent in the target language and possess a strong understanding of educational terminology. Finding professionals with these qualifications can be challenging, especially for less commonly spoken languages. Additionally, the complexity of IEPs and the volume of translation requests may extend the timeframe for completion,” Cano wrote.

    Portantino said that some felt the previous version of the bill requiring the California Department of Education to create guidelines for translation “was too onerous, too much pressure.” 

    “I think the education community didn’t want to be forced to do things. I think there were districts who felt they don’t have the personnel, and I think CDE felt the overall structure was not in place,” Portantino said. 

    Holly Minear, executive director of student services at the Ventura County Office of Education, said she thinks most school districts and county offices understand the importance of giving families a written translation of IEP documents in a timely manner, but it is sometimes a challenge, especially when the translation is for a language that is not common.

    “I think a lot of districts use internal translators, and if you have someone out sick or on leave, or if districts work with contract agencies, sometimes the timeline is more than 30 days,” Minear said. 

    Minear said the Ventura County Office of Education has two Spanish-English translators on staff, but they use outside agencies for other languages like Farsi and Mixteco, an indigenous language from southern Mexico. She said she thinks the template will help districts and translators do a better job.

    “Although our IEPs differ … I think we use a lot of the same terms, a lot of the same language,” she said. “I’m really looking forward to having it on the template, because if there’s ever a word or phrase you need, it’s there for you, and it’s free.”

    Sara Gomez, who has a 4-year-old with autism who attends preschool in Santa Clara County, said she thinks the law is a good step forward.

    “I think the law is positive, in that it gives a sense of alarm that translations need to be done urgently,” Gomez said. “But we still don’t have a required timeline.”

    Gomez said she has had to wait three or four months for her son’s individualized education program to be translated into Spanish. Gomez, who is from Venezuela, speaks English, but her husband speaks only Spanish.

    She said she has heard of other parents waiting up to a year for translations, leaving them unable to make informed decisions about their children’s education.

    “Even four months for a young child make a big difference,” Gomez said in Spanish. “When they are the youngest is when they need the most help.” 

    Advocates and families said they will keep pushing the state for guidelines about how to access qualified translators and a time limit for translations. 

    “We understand that districts experience challenges in finding qualified translators, especially for less common languages, and turning around documents quickly,” said French, from Innovate Public Schools.

    However, she said, different districts have very different timelines for translations.

    “We don’t believe it should be that inconsistent, if a parent lives in one district versus another,” French said. “There should be equity across the state about what a parent should expect in terms of translated documents.”

    Allegra Cira Fischer, senior policy attorney for the nonprofit organization Disability Rights California, agreed. She said she was dismayed to see that the 30-day timeframe was removed from the bill.

    “Parents tell us that sometimes their student will have a better teacher or a better case manager and they’ll get things in a more timely manner. But parents shouldn’t have to rely on an especially committed teacher or case manager,” Fischer said. “This is a situation that is really untenable and ultimately is harmful to children with disabilities.”





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