The new law moves toward better translation of special documents, but California families want more

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

Advocates and parents of children with disabilities who speak languages ​​other than English say this is a small step forward, but there is still much work to be done to fix the long waits and mistranslations children face many families across the state.

“Ultimately, if parents can’t get translated documents, they won’t be able to meaningfully engage in their child’s education,” said Joanna French, senior director of research and policy at Innovate Public Schools, an organization that works with parents to support high level of teaching – quality of education. “They cannot give informed consent. They cannot ask questions or refuse offered services.”

How we got here

A bill introduced last year by state Sen. Anthony Portantino, D-Burbank, would require school districts, charter schools and county offices of education to translate individualized education program (IEP) documents within 30 days. But the bill is stuck in the Senate Appropriations Committee, where lawmakers are deciding whether the state has enough money to pay for the legislation. The bill was revisited in the spring and Portantino revised it to require the California Department of Education (CDE) to create guidelines that suggest, rather than mandate, translation schedules and ways to identify high-quality translators and interpreters. However, this version was ultimately rejected.

New requirement

Version Bill which ultimately passed the Legislature and was signed by the governor, requires the IEP template to be translated into the 10 languages ​​most commonly spoken in California other than English. The translated template must be made available online by January 1, 2027. The template can be found at this documentincludes categories of services, but also includes a blank space for language tailored to each student.

“Of course, whenever you get a partial victory, you take it back and celebrate,” Portantino said. “It’s a gradual improvement. Having a template is a good thing. Of course, these are individual plans, so I hope someone will take care of this and get the individual plans translated in a shorter time.”

Why it matters

Aurora Flores said she sometimes had to wait six or seven months to have special education documents 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 you can’t understand the things you want to explain. They just summarize very quickly, with an interpreter, but sometimes it is not a certified person,” Flores said in Spanish.

Individualized education programs are required for students with disabilities who qualify for special education and are updated annually or as needs change. Before schools can implement these programs, parents must consent.

Flores said the person most affected by the long wait for translations is her son, because it takes her longer to sign up for the new services he needs.

“When you least expect it, you realize that another IEP meeting is coming up and you just received the paperwork from the previous one,” Flores said.

Challenges

Long Beach Unified spokeswoman Elvia Cano wrote in an email that the district “is committed to ensuring that all families, regardless of their primary language, have timely access to key educational information, including individualized education programs (IEPs).”

However, she said, obtaining high-quality translations of special education documents can be a challenge.

“IEP translation requires specialized linguistic and technical knowledge. Translators must be fluent in the target language and have a good understanding of educational terminology. Finding professionals with these qualifications can be a challenge, especially for less frequently used languages. Additionally, the complexity of the IEP and the volume of translation requests may extend the turnaround time,” Cano wrote.

Portantino said some felt the previous version of the bill requiring the California Department of Education to create translation guidelines “was too burdensome and created too much pressure.”

“I think the education community didn’t want to be forced into anything. “I think there were districts that felt they were understaffed, and I think CDE felt the overall structure was not in place,” Portantino said.

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

“I think a lot of districts use in-house translators, and if someone is sick or on vacation, or if districts work with contract agencies, sometimes the turnaround time is longer than 30 days,” Minear said.

Minear said the Ventura County Office of Education employs two Spanish-English translators, but for other languages, such as Persian and Mixteco, an indigenous language from southern Mexico, they use outside agencies. She said she thinks the template will help districts and interpreters do their jobs better.

“Even though our IEPs are different… I think we use a lot of the same terms and the same language,” she said. “I’m really looking forward to putting it in the template because if you ever need a word or phrase, you’ll find it for free.”

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

“I think the law is positive because it raises concerns about the need for urgent translations,” Gomez said. “But we still don’t have the required timeline.”

Gomez said she had to wait three or four months for her son’s personalized education program to be translated into Spanish. Gomez, who is from Venezuela, speaks English, but her husband only speaks 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 little baby makes a huge difference,” Gomez said in Spanish. “When they are the youngest, they need help the most.”

What’s next?

Supporters and families said they will continue to press the state to develop guidelines on access to qualified interpreters and time limits for interpretation.

“We understand that districts are having difficulty finding qualified translators, especially for less popular languages, and submitting documents quickly,” said French of Innovate Public Schools.

However, she said that translation deadlines vary greatly in different districts.

“We don’t think it should be that inconsistent if a parent lives in one neighborhood or the other,” French said. “There should be parity across the state as to what a parent should expect in terms of translated documents.”

Allegra Cira Fischer, senior policy attorney at the nonprofit Disability Rights California, agreed. She said she was dismayed that the 30-day deadline had been removed from the bill.

“Parents tell us that sometimes their student will have a better teacher or a better case manager and will get things faster. However, parents should not rely on a particularly committed teacher or case manager, Fischer said. “This is a truly unsustainable situation and ultimately harmful to children with disabilities.”