The New Jersey Office of Administrative Law (OAL) has posted notice on its website that it will no longer enforce a state regulation requiring parties to bring their own language interpreters to administrative hearings. This action was taken in response to a written notice from Education Law Center explaining that OAL litigants are legally entitled to free interpreters and following a series of meetings between the Attorney General's office and ELC, with the pro bono assistance of the Lowenstein Sandler law firm. The OAL also agreed to post information about obtaining interpretation services on its website.

The OAL serves as the "finder of fact" for contested state agency cases, fulfilling a role that is comparable to New Jersey's trial courts. OAL proceedings address critical issues, such as the constitutional right to public education, as in a student expulsion case, or disputes about public entitlement benefits, as in a Supplemental Nutrition Assistance Program (SNAP) appeal.

"For the OAL to function effectively and rights to be protected, the parties, witnesses, and judges in these cases must clearly understand the testimony and arguments presented," said Elizabeth Athos, ELC Senior Attorney who participated in meetings with the Attorney General's office about this issue.

Because of obligations imposed by the federal Individuals with Disabilities Education Act (IDEA), the New Jersey Department of Education (NJDOE) has long provided language interpreters at the OAL in special education proceedings. However, after requesting a Spanish language interpreter in a student expulsion case, ELC learned that neither the NJDOE nor the OAL provided interpretation services in so-called controversies and disputes under school law. These general education cases include school discipline; school residency; harassment, intimidation and bullying; bilingual education; and any other non-special education cases impacting New Jersey public school students.

ELC's written notice set forth the legal bases for the State's obligation to provide free language interpretation at the OAL under a state statute requiring hearings in education cases "without cost to the parties," as well as federal and state civil rights laws. ELC also argued the practical necessity of providing language interpretation in legal proceedings to adequately protect the integrity of those proceedings.

The Attorney General's office quickly appreciated the significance of the issue, particularly in a state with large numbers of citizens and residents whose primary language is not English, and promptly looked into ELC's concerns. Through a series of meetings, in which ELC attorneys collaborated with pro bono counsel from the Lowenstein Sandler law firm, the State voluntarily agreed to provide the following relief:

• Language interpretation services in education cases as well as all other OAL proceedings for those not proficient in English;
• Notice on the OAL website in seven languages about the availability of interpretation services;
• Notice on the OAL website that a regulation requiring parties to provide their own language interpreters would no longer be enforced; and
• Eventual recission of the existing OAL interpretation regulation.
  
  

Recission of the regulation will happen together with the State's adoption of more expansive regulations by next year to implement a recently enacted language access law (N.J.S.A. 52:14-40 et seq.). The law requires State government entities providing direct services to the public to translate vital documents and information in at least the seven most common non-English languages spoken in the state, to provide interpretation services to individuals, and to develop and publish a language access plan.

"We are grateful for the assistance of the Office of the Attorney General, which worked cooperatively with us to address the improper regulation once we brought the issue to their attention," said Peter Slocum, partner at Lowenstein Sandler.

Slocum worked alongside Athos, ELC Litigation Director Jessica Levin, and ELC Legal Fellow Meredith Kilburn. ELC will continue to monitor the issue and invites participants in education cases and education advocates to inform ELC if they have trouble accessing interpretation services at the OAL.

To request an interpreter at the OAL, call (609) 438-6316. To report problems obtaining an interpreter at the OAL in an education case, contact ELC at (973) 624-1815, ext. 300.

About Lowenstein Sandler LLP
Lowenstein Sandler is a national law firm with over 350 lawyers based in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.

Public link

Please use the above public link if you want to share this noodl on another website.