AC ©
NONDISCRIMINATION / EQUAL  OPPORTUNITY

The Board is committed to a policy of nondiscrimination in relation to race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity, gender expression, or immigration status.  This policy will prevail in all matters concerning staff members, students, the public, educational programs and services, and individuals with whom the Board does business.

Interpreter  and  Translator  Support
Services  for  Students  and
Parents / Guardians

Tolleson Union High School District ("TUHSD") will take reasonable steps to ensure that applicants, students and parents/guardians with Limited English Proficiency (LEP) have meaningful access and an equal opportunity to participate in TUHSD's educational programs, services, activities and other benefits of the District.  TUHSD will make interpreters available to provide oral interpreting and/or written translation of documents as provided herein.

All interpreters, translators and other aids needed to comply with this policy shall be provided without cost to the person being served, and applicants, parents, students and others will be informed of the availability of such assistance free of charge.

Language assistance will be provided through use of competent bilingual staff, staff interpreters, contracts or arrangements with local organizations providing interpretation or translation services, or technology and telephonic interpretation services.  All staff will be provided notice of this policy and procedure and staff that may have direct contact with LEP individuals will be trained in effective communication techniques, including the effective use of an interpreter.

TUHSD will conduct periodic review of the language access needs of its student and parent/guardian population, as well as update and monitor the implementation of this policy and related procedures.

Definitions:

A.  Interpreter is a person who is fluent in at least two (2) languages and can facilitate accurate communication between two (2) or more individuals who do not speak in the same language.

B.  Translator is a person who provides a written communication in a second language having the same meaning as the written communication in a first language.

C.  LEP (Limited English Proficient) is a person who, as a result of national origin, is limited in his or her English proficiency.

D.  Predominant language is any language other than English or Spanish where one hundred (100) or more speakers of that language are currently enrolled in TUHSD.  The number of speakers is determined by a review and response to completed Primary Home Language Other Than English (PHLOTE) home language survey forms.

E.  Support services is any service not related to regular classroom instruction, i.e., lockers, individualized education program (IEP), Section 504, parent/teacher conferences, student discipline, free and reduced lunch, health/medical services, etc.

F.  LEP list is a list that TUHSD maintains and continuously updates on a database that contains the names of all currently enrolled LEP students or their parents/guardians.  This list is used to identify individuals in need of reasonable interpreter/translation services necessary to gain access to support services.

G.  Bilingual/English Language Learner (ELL) Director.  The Bilingual/ELL Director coordinates and ensures program effectiveness through state and federal ELL regulations and TUHSD's policies to achieve identified needs of TUHSD's LEP population.

Identifying Limited English
Proficient (LEP) Parents

Individuals are identified as LEP in TUHSD by:

A.  TUHSD identifies parents/guardians with LEP through its PHLOTE home language survey form.  A completed PHLOTE home language survey form is obtained from each parent or guardian who enrolls a new student in TUHSD.  The PHLOTE home language survey form can be requested from a parent or guardian by the Bilingual/ELL Director, a teacher or other school personnel.

B.  Self-identification.  Each parent/guardian who enrolls a new student in TUHSD will be asked; 1) what primary language is used in the home regardless of the language spoken by the student; 2) what language is most often spoken by the student; and 3) what language the student first acquired.

C.  School Personnel Identification.  As school personnel meet and work with parents/guardians they may identify them as LEP and request that a parent or guardian complete a PHLOTE form or ask a principal to place the student or parents/guardians on the LEP list.

D.  The completed PHLOTE home language survey forms will be maintained in the relevant student's records.  School personnel are responsible for creating and maintaining an LEP list in a central database.  The language information obtained through the PHLOTE home language survey form will be available to relevant staff, including teachers, counselors, administrators, registrars, and office staff, who all have access to student records.

Notice to Parents/Guardians

All schools and departments which provide or may provide services to LEP parents/guardians must:

A.  provide notice to all LEP students and parents/guardians that interpreter services are available to them at no cost.  The notice will include TUHSD's point of contact for answering any questions regarding this policy.

B.  offer an initial interview opportunity to all identified LEP families to inform them of all support services available pursuant to this policy.

C.  post and maintain, in a prominent public place, a multi-lingual sign informing students, parents/guardians and family members that interpreter services are available to them at no cost.  These signs will provide the required notice in all predominate languages.  All parents/guardians who are speakers of non-predominate languages will be notified of the availability of interpreter services by phone, written notices or other means deemed to provide reasonable notice to such parents/guardians.  The form of notice provided to speakers of non-predominate languages will be documented.

D.  have available during registration and at all other times a multi-lingual sheet that allows individuals to identify themselves as a speaker of a language other than English.

Request for Interpreter/Translator Services

Requests for a Predominant Language Interpreter must be made so as to give TUHSD reasonably adequate time to provide the Interpreter.  What is reasonably adequate is dependent on the circumstances of the request.  Requests for a Non-Predominant Language Interpreter must be made to a teacher or staff person at least seventy-two (72) hours before the event for which the Interpreter is requested.

Requests for translation of documents into non-predominant languages must be made in writing by downloading the Translation Request Form from the TUHSD website.  The requester must complete the request form and attach an electronic copy of the document to be translated.  The request must be submitted to the Bilingual/ELL Director.  The requested translation will be completed within ten (10) working days.

Provision of Interpreter/Translator Services

Interpreter Services.  TUHSD will provide interpreters for LEP parents/guardians who are speakers of predominant languages.  TUHSD will provide interpreters for LEP parents/guardians who are speakers of non-predominant languages where one is available, and where it is reasonable to do so.  Reasonableness, for purpose of this policy, include consideration of: 1) the number or proportion of LEP individuals likely to encounter the program; 2) the frequency with which LEP individuals come in contact with the program; 3) the nature and importance of the services provided by the program; and 4) District resources.  An LEP parent/guardian may elect to provide his or her own adult translator, other than the student at issue, as long as the parent/guardian confirms in writing with TUHSD staff that he or she has been notified that TUHSD will attempt to obtain an interpreter on his or her behalf and that the parent/guardian declined such service.  If LEP parent/guardian chooses to use his or her own adult interpreter, issues of competency of interpretation, confidentiality, privacy, and conflict of interest will be considered.  If the adult interpreter is not competent or appropriate for any of these reasons, competent interpreter services will be provided to the LEP parent/guardian.  If the LEP parent/guardian does not provide a translator, teachers and other staff who communicate with LEP parents/guardians are responsible for securing an interpreter.

Interpreter Services may include, but are not limited to, the following events:

A.  Translation Services for Predominant Languages.  TUHSD will translate, to the extent reasonable, those TUHSD-wide communications that are routinely sent to parents/guardians in English into the predominant foreign language(s) in the District.  Translation requests from parents/guardians will be granted for other documents that relate to discipline, educational programs or extracurricular programs or activities.

B.  Translation Services for Non-Predominant Languages.  TUHSD will provide translated documents in non-predominant languages to parents or guardians in cases involving special education, Section 504, and disciplinary proceedings.

C.  Documentation of Interpreter/Translator Services.  TUHSD will record all interpreter/translation services provided to students and their families in a central database.

1.  Interpreters/translators shall record every TUHSD interpreter/translation event on a Record of Event Form.

2.  The school office manager or department support staff is responsible for ensuring that TUHSD interpreter/translation events are entered into the central database.

Obtaining a Qualified Interpreter

The Bilingual/ELL Director is responsible for:

A.  Developing and maintaining an interpreter resource list of persons who are proficient in English, Spanish and other languages if necessary.  The list will include the interpreter's contact information and availability and the procedure for obtaining interpreter services.

B.  Coordinating with an appropriate bilingual staff member to interpret, in the event that an interpreter is needed.

C.  Obtaining an outside interpreter if an appropriate bilingual staff member is not available to interpret.

All inquiries concerning interpreting and translating services shall be directed to:

English Acquisition Program Coordinator
Tolleson Union High School District No. 214

District Staff Training:

A.  All relevant administrative, certificated, and support staff employees will be trained at least every other year regarding their responsibilities to identify, notify, provide and document services to LEP parents/guardians.

B.  TUHSD will approve interpreters/translators through testing, training or evaluation.

Monitoring Language Needs
and Implementation:

A.  TUHSD will periodically assess changes in demographics, types of services or other needs that may require reevaluation of this policy and its procedures.

B.  TUHSD will periodically assess the efficacy of these procedures.

C.  TUHSD will develop a record keeping system of translator and interpreter services requested by LEP parents/guardians.  The system will include information on the translator and interpreter services requested, the primary language of the parent/guardian, the parent's/guardian's name, the date of the request, the date services were provided, the source and name of the translator or interpreter used and the reason for the request.

Complaint/Dispute Resolution

Parents/legal guardians who believe they are not receiving interpreter/translation services as provided for by this policy may request a meeting with a school principal or appropriate staff person to present their concerns.  An interpreter will be provided for this meeting.  Every attempt will be made by TUHSD to resolve the parent's/legal guardian's concern.

If the issues/concerns are not resolved through this conference, parents/legal guardians may request a meeting with a designated representative of the Superintendent for further review.

The designated representative of the Superintendent will make the final decision and notify the parents/legal guardians of that decision.

All LEP parents/guardians will be notified of this complaint resolution procedure at the beginning of every school year.

Service Contract

For translations and interpretations for non-predominant languages, TUHSD will contract with a third party contractor to obtain translators and interpreters as needed.  Interpretation and translation services for non-predominant languages will be provided when reasonable.

Multilingual Notices

Multilingual notices are available in the following languages:

Contact

Please direct all queries concerning interpreting and translating services to:

English Acquisition Program Coordinator
Tolleson Union High School District No. 214

Adopted:  January 12, 2021

LEGAL REF.:
A.R.S.
23-341
41-1463
Arizona Constitution, Ordinance Art. XX, Par. Seventh
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et seq., Americans with Disabilities Act

CROSS REF.:
ACA - Sexual Harassment
ACAA - Title IX Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Instructional Programs and Accommodations for
                Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services