Laura: I’m from Massachusetts. Are there laws requiring that special education documents be translated for non English speaking families, or is that just a best practice? What about a home study survey as part of an initial evaluation being sent home to a non-English speaking family in Englsih, not translated?
I work in a child psychiatry clinic. We have a contract to do evaluations for school districts. They provide translators for Spanish-speaking parents, but the report we provide is written in English. Are school districts required to translate our reports for Spanish-speaking families?
Unless the IEP says that they will be served by themselves this would be “legal”.
Laura –
IDEA (the federal special education law) requires translation in specific circumstances.
It requires that “prior written notice” to be in the parents native language or mode of communication, unless clearly unfeasible (§300.503). It also requires that the procedural safeguards notice be translated (§300.504).
For anything that requires parental consent (which is just about everything in Massachusetts), the parent must be fully informed of what it means in his/her native language (§300.309). And schools must provide interpretation services to parents at Team meetings (§300.322).
IDEA also requires that evaluations administered to the *child* be provided in his/her native language or mode of communication (§300.304).
But IDEA stops short of requiring EVERY special education document be translated. See this “Dear College” letter from OSEP for explanation: http://www2.ed.gov/policy/speced/guid/idea/letters/2007-3/boswell090407iep3q2007.pdf.
MA special education regs add little to IDEA’s translation requirements. But the Bureau of Special Education Appeals (who handles due process hearings in Mass) has factored in a lack of translated IEP documents in at least once ruling (BSEA #11-4676).
So… I would strongly suggest that the parent or his/her representative contact PQA (www.doe.mass.edu/pqa/) regarding your question. They can give you the state’s interpretation regarding for translation, and may also intervene on the parent’s behalf.