Use of Interpreters for Deaf or Foreign-speaking People in Kansas
| Jurisdiction | Kansas,United States |
| Citation | Vol. 63 No. 04 Pg. 36 |
| Pages | 36 |
| Publication year | 1994 |
63 J. Kan. Bar Assn. April, 36 (1994). USE OF INTERPRETERS FOR DEAF OR FOREIGN-SPEAKING PEOPLE IN KANSAS
April, 1994
Charla V. Beall [FNa2]
Copyright (c) 1994 by the Kansas Bar Association; Leonard A. Hall and Charla V. Beall
In 1993, the Kansas Interpreter Act (Act) was enacted into law. [FN1] The Act amended the state laws regulating provision of interpreters for deaf, hard-of-hearing, and speech-impaired citizens, as well as for foreign-speaking citizens of Kansas.
One important purpose of the Act was to bifurcate the provisions for interpreters between two distinct segments of the Kansas population. The first group is composed of those persons who are deaf, hard-of-hearing and/or speech impaired. The second group is composed of those persons whose only language is one other than English.
The bifurcation of the Interpreter Law came as a result of the enactment of the Americans with Disabilities Act (ADA) [FN2] and the 1991 amendment of the Kansas Act Against Discrimination (KAAD). [FN3] The ADA greatly expands civil rights protection by prohibiting discrimination against individuals with disabilities, including those who are deaf, hard-of-hearing or speech impaired. [FN4]
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Attorneys and service providers must be aware of the many situations in which interpreters or other accommodations are to be provided for these people. Potentially, attorneys and service providers who do not provide such accommodations can be held liable for malpractice or statutory damages.
Population Estimate
The National Center for Health Statistics, in its 1985 Health Interview Survey, reported that 106 out of every 1,000 persons living in rural areas are deaf or hard-of-hearing. The 1990 Kansas population census estimated approximately 262,000 citizens in Kansas are deaf or hard-of-hearing. Thirteen percent of this group (34,144) is considered to be prevocationally deaf or deaf since early age. [FN5]
No firm estimate is available for the number of people in Kansas who do not speak English well. Kansas' proximity to Central and South America is not great although it is evident that the number of immigrants to Kansas is gradually increasing.
According to a specialist in adult education at the Department of Education who testified in a hearing before a legislative committee concerning the 1990 census, only 24,000 people in Kansas reported they do not speak English well. "Ask yourself what percent of non-English speakers would fill out a census report. English as a second language is the fastest growing unit of adult education." [FN6]
Situations Where Interpreters Are Required Under the Act
One of the significant features of the amended Kansas Interpreter Law is the number of situations in which interpreters are required to be appointed for deaf, hard-of-hearing, and foreigh-speaking people. These include:
a. Any grand jury proceeding, when such person is called as a witness;
b. Any court proceeding involving such person when such proceeding may result in the confinement of such person or the imposition of a penal sanction against such person;
c. Any civil proceeding, whether such person is the plaintiff, defendant or witness in such action;
d. Any proceeding before a board, commission, agency, or licensing authority of the state or any of its political subdivisions when such person is the principal party in interest; and
e. Prior to any attempt to interrogate or take a statement from a person who is arrested for an alleged violation of a criminal law of the state or any city ordinance. [FN7]
The above provisions apply to deaf, hard-of-hearing and/or speech-impaired persons and foreign-speaking persons.
The Interpreter Act also requires an interpreter for the deaf, hard-of-hearing, and/or speech-impaired person in any court proceeding where the person is a plaintiff, defendant, juror, or witness in such action. The interpreter must interpret throughout the actual trial and during the time that the jury is sequestered or engaged in its deliberations. [FN8] The Act does not require an interpreter to be provided for a foreign-speaking person who may want to serve on a jury.
Certification of Qualified Interpreters for Deaf People
Under the previous interpreter law in Kansas, it was up to the appointing authority to find interpreters and make the determination that the interpreters were qualified to interpret. The Act now provides for the Kansas Commission for the Deaf and Hard-of-Hearing (KCDHH) or an agency designated by KCDHH to register or certify all "qualified" interpreters for deaf, hard-of-hearing, and speech-impaired persons. [FN9]
The Act states that no person shall serve as an interpreter unless the Commission makes a determination that the person is qualified to interpret. The Commission's executive director or the designated local agency can make such determination. [FN10] A list of qualified interpreters is provided by KCDHH for any employment or public accommodation situation where an interpreter may be required by the ADA and/or the KAAD.
A person is considered qualified to interpret if such person is able to interpret, effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. [FN11] This definition is identical to the ADA Regulation defining a "qualified interpreter." [FN12]
Other Modes of Communication
The Act includes a provision which allows for other modes of communication which may be used in place of an interpreter. If preferred by the deaf or hard-of-hearing person, the deaf or...
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