[REVISED: 3/1/14]

1. Interpreting may be in the form of sign language (manual method), oral interpretation (oral method), or cued speech.
   
   
2. Any individual who is deaf or hard of hearing, and uses sign language as a mode of communication, has the right (per P.L. 101-336 Americans With Disabilities Act of 1990) to receive interpreter services needed to access any vocational rehabilitation service. DRS staff shall authorize only for those interpreter services that the individual needs to participate in the vocational rehabilitation process, from referral to case closure (including post employment services).  This may include individuals with impaired sensory, manual, or speaking skills.
   
   
3. All DRS staff not proficient in sign language shall have a qualified interpreter present for the initial interview, each planned vocational counseling session, and any planned verbal communication.
   
   
4. Qualified interpreter means an individual who has demonstrated high ethical standards, fluency in English and at least one visual communication mode, and proficiency in interpreting processes, and has credentials from a recognized national evaluation (Registry of Interpreters for the Deaf, National Cued Speech Association, or National Association of the Deaf) or state screening assessment (such as Virginia Quality Assurance Screening).  A family member, friend, or other person who is not certified is not an acceptable substitution for a qualified interpreter.
   
   
5. Interpreters on VDDHH/DARS state contract are listed on the DRS intranet under the Contracted Interpreters for the Deaf link. It is to counselor advantage to use a contracted interpreter so the payment rate will not be in question. Interpreter registration in eVa does not substitute for a current state contract. Contact VDDHH Interpreter Services for assistance to schedule an interpreter. After a thorough search for a contracted interpreter is documented in the case record, the counselor may use a qualified interpreter not on state contract.
   
   
6. Payment to a qualified interpreter is generally commensurate with the level of skill achieved and is established in the state contract.
   
   
7. Interpreter services needed for school training are subject to comparable benefits policy (per 2001 Federal Regulation 34 CFR § 361.53 and Chapter 14.2, COMPARABLE, Policy 1) and must (per Section 504 of the Rehabilitation Act) be provided by a school receiving federal funds. For schools and services not subject to Section 504, consult the DRS Program Manager for Deaf and Hard of Hearing Services.
   
   
8. Interpreter services are a communication accommodation service and, therefore, shall (per 2001 Federal Regulation 34 CFR § 361.54 and P.L. 101-336 Americans With Disabilities Act of 1990) be exempt from consumer financial participation.
   
   
9. Auxiliary aids and other devices are (per 2001 Federal Regulation 34 CFR § 361.54) fee-based and subject to consumer financial participation (see Chapter 8.02, REHABILITATION TECH, Policy 1).
   
   
10. Purchases are subject to Chapter 14.1, PURCHASING.  For S/I Code, see DARS Services Reference Manual, Interpreter category.  Before Application status in AWARE, the authorization screen is not available and the Admin small purchase charge card (Admin SPCC) is used instead. 
    

[Revised: 3/1/14]

1. Note-taking may be in the form of classroom note taking, computer assisted note taking (C-Print, TypeWell), or communication access realtime translation (CART).
   
   
2. Any individual who is deaf or hard of hearing, and relies on computer assisted note taking or CART for communication access as a mode of communication, has the right (per P.L. 101-336 Americans With Disabilities Act of 1990) to receive interpreter services needed to access any vocational rehabilitation service. DRS staff shall authorize only for those notetaking services that the individual needs to participate in the vocational rehabilitation process, from referral to case closure (including post employment services).  This may include individuals with impaired sensory, manual, or speaking skills.
   
   
3. For any individual who is deaf or hard of hearing and a non-signer, CART should be considered for the initial interview, each planned vocational counseling session, and any planned verbal communication.
   
   
4. CART providers are certified by the National Court Reporters Association.  Family member, friend or other person who is not certified is not an acceptable substitution for a qualified CART provider.
   
   
5. There is no state contract for CART providers.  Contact VDDHH Interpreter Services for assistance in locating qualified CART providers.
   
   
6. Note-taking and CART services needed for school training shall (per 2001 Federal Regulation 34 CFR § 361.53 and Chapter 14.2, COMPARABLE, Policy 1) be subject to comparable benefits policy and must (per Section 504 of the Rehabilitation Act) be provided by a school receiving federal funds.  For schools and services not subject to Section 504, consult the DRS Program Manager for Deaf and Hard of Hearing Services.
   
   
7. Note-taking and CART services are a communication accommodation service and, therefore, shall (per 2001 Federal Regulation 34 CFR § 361.54 and P.L. 101-336 Americans With Disabilities Act of 1990) be exempt from consumer financial participation.  
   
   
8. Auxiliary aids and other devices are (per 2001 Federal Regulation 34 CFR § 361.54) fee-based and subject to consumer financial participation (see Chapter 8.02, REHABILITATIVE TECHNOLOGY, Policy 1).
   
   
9. Purchases are subject to Chapter 14.1, PURCHASING.  For S/I Code, see Services Reference Manual, Interpreter category and Notetaking category.  Before Application status in AWARE, the authorization screen is not available and the Admin small purchase charge card (Admin SPCC) is used instead.
   

[REVISED: 1/13/14]

1. Native language services means interpreting the spoken word and translating the written word into a foreign language as needed to fully participate in the vocational rehabilitation process from referral to case closure (including post employment services).
   
   
2. Referrals, applicants, clients, and their guardian/representative who cannot, or have limited ability to, read, write, speak, or understand English, have the right (per Title VI of the Civil Rights Act) to receive native language services at no cost at any time during the vocational rehabilitation process, from referral to case closure (including post employment services).  The counselor shall authorize only for native language services that the individual needs to participate in the vocational rehabilitation process.
   
   
3. Counselors shall note in the case record that a person eligible for native language services was notified, in a proper mode of communication, of this right. 
   
   
4. DRS staff shall not (per “Guidance to Federal Financial Assistance Recipients Regarding Title VI and the Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons”, published by Office of Civil Rights, August 2003) require the individual to use DRS staff, family, co-workers, close friends, or minors, to provide native language services.
   
   
5. It is DRS staff, not the client, responsibility to secure native language services for the individual. If the individual wishes to provide the native language interpreter or translator, the counselor shall document the request in the case file. If the counselor does not honor the request, the counselor shall document the reason in the case file. Considerations for not using the individual’s own interpreter or translator include, but are not limited to, compromising the effectiveness of services, causing a conflict of interest, violating client confidentiality, proposing interpreter under 18 years old, not understanding the vocabulary of the vocational rehabilitation process, etc.
   
   
6. If the native language interpreter or translator is a family member living with the individual, the service provider is considered to be a volunteer and staff shall not pay for the service under this circumstance.
   
   
7. For telephone conversations, foreign language interpreter services are available through AT&T Language Line.
   
   
8. For English as a Second Language (ESL) classes, see Policy 3 of this chapter.
   
   
9. Native language services shall not (per federal regulation 45 CFR 80.3) be subject to consumer financial participation.
   
   
10. Purchased services shall be subject to DRS established purchasing policies and procedures.  For encumbering funds, see Chapter 14.1, PURCHASING.  DRS does not purchase this service from a family member living with the individual. For others, use S/I code A8132 for foreign language interpreter and translator services.  For link to interpreter and translator resources, see DARS Services Reference Manual, Interpreter category.  Before Application status in AWARE, the authorization screen is not available and the Admin small purchase charge card (Admin SPCC) is used instead.
    

   [REVISED:  1/13/14]

1. If the English as a Second Language (ESL) class instructor or tutor is a family member living with the client, the service provider is considered to be a volunteer and DARS staff shall not pay for the service under this circumstance.
   
   
2. ESL classes shall (per 2001 Federal Regulation 34 CFR § 361.54) be subject to consumer financial participation.
   
   
3. Purchased services shall be subject to DRS established purchasing policies and procedures.  For encumbering funds, see Chapter 14.1, PURCHASING, Policy 1.  Use S/I code A8132 (same code used for foreign language interpreter and translator services) for ESL classes. DRS does not pay a family member living with the client.
   
   
4. The counselor may authorize ESL classes or ESL tutor to non-English speaking clients if there are not free services available in the community. 
   
   
5. Rather than ESL classes, specialized reading training may be considered for clients whose primary language is American Sign Language.
   
   
6. ESL classes shall not be authorized except under an Individualized Plan for Employment (IPE).