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.”
