This
rule was filed as 6 NMAC 8.102.1.
TITLE 6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER 102 VOCATIONAL REHABILITATION - ANCILLARY SERVICES
PART 2 INTERPRETER
SERVICES FOR THE DEAF AND HARD OF HEARING
6.102.2.1 ISSUING
AGENCY: State Board of Education
[12-31-98;
07-30-99; Recompiled 10/31/01]
6.102.2.2 SCOPE: The provisions of this regulation apply to
interpreter services for any deaf person requesting or receiving services from
any health, welfare or educational agency under the authority of the state or
any political subdivision of the state or municipality, or any administrative
or judicial proceeding in which an interpreter would be required for a
principal party in interest.
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Recompiled 10/31/01]
6.102.2.3 STATUTORY
AUTHORITY: This regulation is
adopted pursuant to Sections 22-14-8 and 38-9-7(C) NMSA 1978.
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Recompiled 10/31/01]
6.102.2.4 DURATION: Permanent
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6.102.2.5 EFFECTIVE
DATE: December 31, 1998
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Recompiled 10/31/01]
6.102.2.6 OBJECTIVE: This regulation establishes a fee schedule for
interpreters for persons who are deaf and hard of hearing.
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Recompiled 10/31/01]
6.102.2.7 DEFINITIONS
[RESERVED]
[Recompiled
10/31/01]
6.102.2.8 PROCEDURE: The following procedures will be utilized by the
agency in providing interpreter services to deaf and hard of hearing
individuals, including staff. Deaf and
hard of hearing individuals vary considerably in terms of their receptive and
expressive communication skills. Multi-disabled persons such as deaf-blind,
deaf-mentally retarded, deaf-cerebral palsy, deaf-spinal injured and deaf-brain
injured will have special communication problems presenting major challenges
for interpreters. It is essential for the deaf or hard of hearing person to
receive the most appropriate interpreter for their individual needs. The agency
must, in full consultation with the deaf individual, evaluate the interpreting
needs of the person prior to the appointment time. Client choice must be
considered a priority as the deaf individual know best what their communication
level needs involve.
[12-31-98;
Recompiled 10/31/01]
6.102.2.9 STANDARDS
FOR INTERPRETERS:
A. Interpreters utilized by the agency shall be
certified by the national registry of interpreters for the deaf (RID) or
through the state quality assurance (QA) system through the commission for the
deaf and hard of hearing (CDHH).
B. The CDHH will evaluate the qualifications of interpreters
through a quality assurance (AQ) system and will provide the results of these
evaluations. The QA system will consist of five levels from level 1 to level 5
with level 5 being the highest certification level. Interpreters with valid RID
certifications and those who are non-certified "candidates" will be
"grand-fathered in" once the QA system is implemented. For those
interpreters who are non-certified, a time limit of six months will be given to
take and pass the QA system once the system is implemented. For those who can
prove extenuating circumstances exist beyond the interpreter's control, another
six months may be allowed. This will be decided by the CDHH at that time. DVR
will maintain a list of qualified interpreters and update this list on a
quarterly basis. When no approved interpreter is available, an unapproved
interpreter may be used, only with prior approval by the state coordinator of
deaf services. Family members should not be used as interpreters except in
cases of emergency.
[12-31-98;
Recompiled 10/31/01]
6.102.2.10 COURTROOM AND LEGAL SITUATIONS: Due
to the nature of legal and courtroom interpreting, which requires interpreters
who are highly skilled and knowledgeable in this field, it is recommended that
the court select the most qualified interpreter possible in order to protect
consumers who are deaf. Also recommended is the utilization of two or more
interpreters in the courtroom for criminal cases to assure communication is
accurate.
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Recompiled 10/31/01]
6.102.2.11 FEE SCHEDULE: Interpreters who travel
less than 75 map miles for the assignment may charge a minimum two hour fee per
assignment. The minimum fee is four hours when the interpreting assignment
requires traveling 75 plus map miles one way. An interpreter traveling 25 miles
or more one way to an assignment may charge mileage. Fee schedules for long-term assignments (e.g. college or
vocational training) should be negotiated between the agency and the
interpreter. Travel expenses shall be reimbursed at the rates established for
New Mexico state employees. For
interpreting assignments that are longer than 2 hours, the hiring of more than
one interpreter is strongly suggested due to the fatigue level experienced
during long assignments.
A. ALLOWABLE FEE SCHEDULE: The following is a table
listing and describing the various QA and RID certification levels and kinds of
interpreting skills along with the allowable fee schedule. An explanation of
the RID codes used to describe the various levels is included.
(1) RID: MCSC, SC:L - $50 Per
Hour
(2) Level 5 or RID: CSC, CI/CT, CDI (RSC), CDI:P, OIC:C, PSC,
SC:PA, CLIP - $35 Per Hour
(3) Level 4 oR RID: CT OR CI
- $30 Per Hour
(4) Level 3 OR RID: IT/TC, OIC:VS, OIC:SV - $25 Per Hour
(5) Level 2 OR RID: IC OR
TC - $20 Per Hour
(6) Level 1 or non-certified
candidate - $15 Per Hour
B. LISTING OR
RID CERTIFICATIONS:
(1) MCSC - Master
Comprehensive Skills Certificate
(2) SC:L - Specialist Certificate: Legal
(3) SC:PA - Specialist
Certificate: Performing Arts
(4) RSC - Reverse Skills
Certificate
(5) CSC - Comprehensive
Skills Certificate
(6) * CI - Certificate of
Interpreting
(7) * CT - Certificate of
Transliterating
(8) IC - Interpreting
Certificate
(9) TC - Transliterating
Certificate
(10) OIC:C - Oral Interpreter
Certificate: Comprehensive
(11) OIC:S/V - Oral
Interpreter Certificate: Spoken to Visible
(12) OIC:V/S - Oral
Interpreter Certificate: Visible to Spoken
(13) EIC - Expressive
Interpreting Certificate
(14) ETC - Expressive
Transliterating Certificate
(15) CDI - Certified Deaf
Interpreter
(16) P= - Provisional
*CI and CT when held concurrently by the interpreter are equivalent to
the former CSC awarded by RID.
[12-31-98;
Recompiled 10/31/01]
History of 6.102.2 NMAC
Pre-NMAC History: The material in this part was derived from that
previously filed with the state records and archives under:
State
Board of Education Regulation No 94-3, Interpreter Services for Deaf and Hard of
Hearing, Interpreter Act Fee Schedule, filed on July 27, 1988;
State
Board of Education Regulation No 94-3, Interpreter Services for Deaf and Hard
of Hearing, Interpreter Act Fee Schedule, filed on June 11, 1991;
State
Board of Education Regulation No: 94-3, Interpreter Services for Deaf and Hard
of Hearing, Interpreter Act Fee Schedule, filed on August 10, 1994.