Laws Pertaining to the Provision
of Sign Language Interpreters

The following federal and state laws directly pertain to or include by interpretation the provision of sign language interpreter or transliterator services.

You may scroll down or click on the name of the law to jump directly to that section.

Americans With Disabilities Act
Vocational Rehabilitation Act of 1975
Individuals with Disabilities Education Act (IDEA)
Federal Court Interpreters Act
New York State Judiciary Law

Americans With Disabilities Act (ADA)

The ADA is the civil rights guarantee for persons with disabilities in the United States, providing protection from discrimination for individuals on the basis of disability.

The ADA extends civil rights protection for people with disabilities to employment in the private sector, transportation, public accommodations, services provided by state and local government, and telecommunication relay services.

Employment. Prohibits discrimination against qualified disabled individuals in employment and includes specific features related to reasonable accommodations, qualification standards, and other labor management issues.

"No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring or discharge of employees, employee compensation, advancement, job training, and other terms, conditions, and privileges of employment."

Public Services. Addresses services and activities of state and local governments including actions applicable to public transportation provided by public entities.

"No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a state of local government."

Public Accommodations. Addresses public accom-modations, businesses, and services operated by private entities.

"No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation."

Telecommunications. Mandates telecommunications relay services to be offered by private companies and includes services operated by States.

"...shall ensure that interstate and intrastate telecom-munication relay services are available... to hearing-impaired and speech-impaired individuals in the United States."

Note: Newly adopted ADA regulations mention the provision of qualified interpreters and also include, with respect to service access, a definition of qualified interpreter: an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary."

Vocational Rehabilitation Act of 1973

Section 501 requires federal government employers to practice affirmative action in employment and precludes them from discrimination on the basis of disability.

Section 502 requires buildings designed, constructed, altered or leased with Federal funds to be accessible to disabled people.

Section 503 requires federal contractors to practice affirmative action in hiring the disabled and precludes them from discriminating on the basis of disability.

Section 504 prohibits discrimination on the basis of physical or mental disability, requiring recipients of federal funds to make accessible programs and employment. (Note: Section 504 is usually sited as the basis for requiring the provision of sign language interpreters/transliterators or oral interpreters.)

"No otherwise qualified handicapped individual in the United States... shall, solely by reason of... handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

This act and its implementing regulations require affirmative action by federal agencies and federal contractors on behalf of disabled employees and job applicants, as well as reasonable accommodations (e.g. providing interpreters) by federal agencies and recipients of federal funds.

The Individuals with Disabilities Education Act (IDEA)
(formerly known as Public Law 94-142)

Re-authorized in 1997, and originally titled The Education For All Handicapped Children Act of 1975, this law guarantees children with disabilities the right to a free and appropriate education in the least restrictive environment, including the provision of all necessary services. The provision of interpreters is often necessary for the appropriate education of Deaf and hard of hearing children.

IDEA also specifically requires that evaluations of children be provided and administered in the child's native language or other "mode of communication". Sign language interpreters would thus be required. Federal regulations interpreting the Act also require provision of sign language interpreters for deaf parents in IEP meetings.

The stated purpose is "...to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living; to ensure that the rights of children with disabilities and parents of such children are protected; and to assist States, localities, educational service agencies, and Federal agencies to provide for education of all children with disabilities, …and to assess and ensure the effectiveness of, efforts to educate children with disabilities."

Federal Court Interpreters Act

28 United States Code Section 1827 requires federal courts to appoint and pay for interpreters for deaf criminal defendants or deaf civil defendants if they are sued by federal government (e.g. for back taxes). This does not cover witnesses or other civil cases (e.g. bankruptcy). (Click theabove link for the exact language.)

New York State Judiciary Law

Section 390 states that whenever any deaf person is a party to a legal proceeding of any nature, the court in all instances shall appoint a qualified interpreter who is certified by a recognized national or New York State credentialing authority as approved by the chief administrator of the courts. The law, augmented in 1992, approved the Registry of Interpreters for the Deaf, Inc. as a recognized authority for certified interpreters. The one exception is in situations of unreasonable delay; the judge has the authority to temporarily appoint a qualified interpreter until a certified interpreter is available. (See below for the citation or click the link to go to the law.)

S 390. Appointment of interpreter for deaf person.
Whenever any deaf person is a party to a legal proceeding of any nature, or a witness therein, the court in all instances shall appoint a qualified interpreter who is certified by a recognized national or New York state credentialing authority as approved by the chief administrator of the courts to interpret the proceeding to, and the testimony of, such deaf person; provided, however, where compliance with this section would cause unreasonable delay in court proceedings, the court shall be authorized to temporarily appoint an interpreter who is otherwise qualified to interpret the proceedings to, and the testimony of, such deaf person until a certified interpreter is available. In any criminal action in a state-funded court, the court shall also appoint such an interpreter to interpret the proceedings to a deaf person who is the victim of the crime or may appoint such interpreter for the deaf members of the immediate family (parent or spouse) of a victim of the crime when specifically requested to do so by such victim or family member. The fee for all such interpreting services shall be a charge upon the state at rates of compensation established by rule of the chief administrator; except that where such interpreting services are rendered in a justice court, the fee therefor shall be paid as provided by law in effect on July first, nineteen hundred ninety-one.