Effective Communication with Persons with Disabilities Under the regulation implementing Title II of the Americans with Disabilities Act (ADA), public elementary and secondary schools are required to ensure that students, parents, employees, employment applicants, and members of the general public with disabilities are able to experience communication that is as effective as that provided to people without disabilities [28 C.F.R. § 35.160(a)]. People with visual, hearing, and speech disabilities must have the opportunity to receive and present communication in a manner that is appropriate and effective [28 C.F.R.§ 35.160(a)]. Communication support must be provided in a manner that enables people with disabilities to participate on an equal basis with all others, unless to do so would result in a fundamental alteration in the nature of a service, program, or activity or in an "undue financial or administrative burden" [28 C.F.R. § 35.164]. Such exceptions rarely apply. It is important to note that the fundamental alteration/undue burden exception does not apply to the provision of related aids and services that are necessary to ensure a free appropriate public education (FAPE) to qualified students with disabilities. The language of the regulation is as follows: 28 C.F.R. § 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. What is the Obligation to Provide Auxiliary Aids and Services? To provide equal access to public services, school systems are required to provide appropriate auxiliary aids and services when they are necessary to ensure effective communication [28 C.F.R.§35.160(b)(1)]. Auxiliary aids and services include a wide range of services, equipment, and devices that provide effective communication to people with visual, hearing, or speech disabilities. How are Students' Needs for Auxiliary Aids and Services Determined? There may be an overlap between the provision of auxiliary aids and services that are designed to ensure effective communication and related aids and services that are necessary to provide a free appropriate public education (FAPE) to qualified students with disabilities. The determination regarding whether a qualified student with a disability needs communication-related related aids and services to ensure FAPE is the responsibility of the placement team and must be addressed as part of the evaluation and placement procedures of Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA. This briefing sheet does not address the obligation to provide FAPE. For FAPE information consult the U.S. Department of Education brochure: Free Appropriate Public Education for Students With Disabilities (September, 1996). The resource section of this sheet describes how to order the brochure. Are Public School Districts Responsible for Providing Auxiliary Aids and Services to Anyone Besides Students? In all of their services, programs, and activities, school districts must provide auxiliary aids and services for parents, employment applicants, and members of the general public when necessary to ensure effective communication unless providing the auxiliary aids results in an undue burden or in a fundamental alteration of the service, program, or activity. [28 C.F.R.§35.102 (Preamble)]. For example, school districts may have to provide qualified interpreters on request for members of the public who are deaf at graduation ceremonies and for parents who are deaf at parent-teacher organization meetings. May the Person with a Disability Choose the Type of Auxiliary Aid and Service Provided? The Title II regulation has a requirement, not specifically contained in Section 504, that public school systems must give "primary consideration" to the requests individuals with disabilities in determining what type of auxiliary aid and service is necessary [28 C.F.R.§35.160(b)(2)]. School system must give an individual with a disability an opportunity to request the auxiliary aid or service of his or her choice. Under Title II, school districts must honor this request unless they can demonstrate that another aid or service will be effective for the individual requesting the service, that the proposed action would fundamentally alter the service, program, or activity, or that the action would result in undue financial and administrative burdens [28 C.F.R.§35.164]. Deference to the request of the individual with a disability is crucial because of the range of disabilities, the variety of auxiliary aids and services, and the various circumstances requiring effective communication. It is important to consult with the individual to determine the most appropriate auxiliary aid or service because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. What Factors Should Be Considered in Deciding Whether an Auxiliary Aid or Service Provides Effective Communication? Planning is required to handle requests for auxiliary aids and services. Under Title II, factors that may influence whether a particular auxiliary aid or service provides effective communication include: * The needs of the person requesting the auxiliary aid or service. * The duration and complexity of the communication. Longer, more detailed exchanges often require more powerful and faster modes of communication [28 C.F.R.§35.160 (Preamble)]. For example, an exchange of handwritten notes might suffice for a deaf parent who is picking up a child at school and simply wants directions to the classroom. But if that parent is participating in a parent-teacher conference, an interpreter or other effective means of communication may be needed. * The context of the communication. Environmental conditions, such as the difference between a structured office setting and an outdoor recreational setting, influence the effectiveness of various devices and techniques [28 C.F.R.§35.160(Preamble)]. * The number of people involved. Communication techniques that are effective between two people might not work well in a group. For example, a person who has limited hearing may be able to understand one-to-one conversation in a quiet office setting, but may not be able to do so in a group setting [28 C.F.R.§35.160 (Preamble)]. * Importance and potential impact. Some communications--such as those involving legal, financial, health, and safety issues--are particularly important and must be provided in ways that guard against errors, omissions, and misunderstandings [28 C.F.R.§35.160 (Preamble)]. For example, if a student has an accident, and a parent who is deaf is receiving instructions from the school nurse on follow-up care, it is important that the parent understand the nurse. How Can the Inconvenience of Last-Minute Requests be Avoided? Public school systems are obligated to respond to requests from members of the public for auxiliary aids and services that will enable them to benefit from the school's programs. In situations where the need for materials in alternative formats is predictable, school districts may want to provide information in alternative formats even without a specific request. For example, a school system might want to have an announcement of their summer recreation programs available in large print, cassette, Braille, and computer disk formats. Given the short time from the awareness of an individual's need for an auxiliary aid or service to some programs and activities, requests may be made that cannot readily be met. When school districts inform individuals of upcoming programs, activities and services, they might request reasonable advance notice of the need for auxiliary aids and services. In some instances, an alternative to the original request may be appropriate. Clear communication with the person making the request is essential in finding a suitable accommodation. What Types of Barriers May Prevent or Detract From Effective Communication? Two major communication barriers prevent or detract from communication effectiveness: 1. Visual: Print materials, visual displays, and signage may present barriers to people with no or limited vision. 2. Aural/oral: "Aural" refers to information that is heard; "oral" refers to spoken communication. A person who is hearing-impaired experiences barriers related to aural communication. The same person may be able to communicate orally. A person who has a speech impairment, or a cognitive impairment that affects speech, may experience barriers in communicating orally, but have no difficulty receiving information that is conveyed aurally. Each person will require different auxiliary aids and services to be provided equally effective communication. What Are Some Alternatives to Visual Communication? Alternative Formats. It is essential that information be available in a variety of formats in order to be accessible to users with a variety of disabilities. For example, school districts should ensure that persons who are blind or have low vision have access to materials in Braille, on audiotapes, large print, and other formats. Adaptations for Computers. Many individuals who are blind, including children use computers as a way of accessing information. Transmitting information by computer diskette or e-mail may be good ways to communicate. A wide range of computer software and hardware, as well as various other devices, are available to facilitate input and output by blind or partially sighted computer users. For example, software is available to control key input acceptance rates and to allow the cursor to be controlled from the keyboard instead of from the mouse. Magnification Devices. Magnifying lenses--lighted or unlighted, portable or fixed, hand-held or stand-mounted--are useful when visual materials are used as part of a presentation attended by partially sighted participants. For example, if a parent with limited vision attended his or her child's art class on Parents' Day, and the art instructor passed a photo or painting around the classroom for examination, a magnifying lens would enable the parent to appreciate the demonstration. If the same parent attended a reading class, the teacher might provide a copy of the book with a magnifier so that the parent could follow the reading. What Are Some Alternatives to Aural/Oral Communication? People with various disabilities may be unable to receive or generate spoken communication. Writing. Pen and paper may be an easy form of communication in situations where communication is simple. In a more complicated situation other methods should be considered. Computer-Aided Real-Time Reporting (CART Computer-aided real-time reporting, or CART, is an option for deaf or hard of hearing people who read English fluently. CART is often used in meeting or conference settings, and may also be provided for students in classes. Real-time reporters type words as they are being spoken in a meeting or class and the text is simultaneously displayed on a computer monitor, video monitor, or projection screen. For assistance in obtaining this service, contact your local court stenotypist organization, agencies that provide interpreters, or other organizations serving people who are deaf or hard of hearing. Assistive Listening Devices. Also called assistive listening systems, these devices can be used to enhance hearing in one-on-one discussions or in meeting rooms. They can be fixed or portable. FM systems, for example, use a microphone connected to an FM signal-sending device that can be attached to the speaker. The listener wears a portable headset that can be used anywhere in the room and is able to receive the amplified sound. Multiple listeners can benefit simultaneously from this system. TTYs and the Relay System. Where a public school communicates by telephone with students, parents, employees, employment applicants, or the general public, TTYs or equally effective telecommunication systems, such as the relay system, must be used to communicate with individuals who are deaf, hard of hearing, or have speech disabilities. A TTY has a keyboard and visual display for non-oral communication with another TTY user or the relay system operator. The relay system permits telephone communication between individuals using the telephone by voice and individuals using a TTY. Telephone Amplification. Many hearing aids have a telephone setting that can amplify sound if an appropriate handset is used. The telephone company can provide a handset with the appropriate magnetic field intensity to be compatible with this type of hearing aid. Battery-powered, portable handset amplifiers are also available. The amplifier can slip over the handset of most telephones. Adaptations for Computers. Since operating a computer is essentially a visual task, people who are deaf generally do not have difficulty with computers. However, school systems will want to ensure that important information conveyed by beeps or speech during computer-related tasks is also displayed visually for the user unable to benefit from the auditory information. Computer operating systems often have built-in options for visually displaying auditory alerts. If necessary, a flashing light signal should be installed that echoes the beeps. Electronic Speech Aids. Devices are available that support the exchange of information electronically. Among them is a small device that accepts and displays typed text. Such a device could be stored in a library for use with people who are deaf. Speech synthesizers may be used to facilitate communications with people who have speech impairments. Captioning Television and Videotape Programming. Audio portions of television and videotape programming produced by public entities are subject to the requirement to provide equally effective communication for individuals with hearing impairments. Closed captioning of such programs is sufficient to meet this requirement [28 C.F.R. § 35.160 (Preamble)]. Public school systems may want audiovisual materials used for class work, or which are otherwise intended for public education, to carry captions. Closed captioning is an ideal format because the captioning is unseen unless it is needed. Decoders. When a "closed captioned" film or video is shown, a decoder is used to "open" the captions and make them appear on screen. What Is a "Qualified" Sign Language Interpreter? When sign language interpretation is necessary, Title II requires that it be provided by a "qualified interpreter." Under Title II, the term "qualified interpreter" is defined as an individual who is "able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary" [28 C.F.R § 35.104]. To satisfy this requirement, the interpreter must have the proven ability to effectively communicate the type of information being conveyed. Certified interpreters are not required; in some cases, experienced interpreters familiar with the subject area will do a better job of capturing the content than a certified interpreter who lacks subject area expertise. It is generally not appropriate to use a family member or companion as an interpreter. The deaf or hard of hearing person has the right to an impartial interpreter. When Is the School System Obligated to Provide an Interpreter? Although paper and pen for written communication may be sufficient for simple conversations, an interpreter may be necessary when the information is complex or the exchange is lengthy. For example, a public lecture should be interpreted for members of the audience who are deaf. Factors to consider in determining whether an interpreter is required include: 1. the context of the event, 2. the number of people involved, and 3. the importance of the material being communicated [28 C.F.R. § 35.160 (Preamble)]. School systems are responsible for providing interpreter services upon request, when necessary for effective communication, unless doing so would cause a fundamental alteration or an undue burden [28 C.F.R.§35.102]. However, it is important to note that the fundamental alteration/undue burden exception does not apply to the provision of interpreter services that are necessary to ensure a free appropriate public education for qualified students with disabilities. Do These Situations Require Interpreters? Here are two examples of situations a school district might face: 1. School officials notify Andrea, a parent who is deaf, about a meeting at which a decision will be made regarding whether her child should be suspended from school. In this situation, the importance of the material being communicated is such that the school district must provide Andrea with a qualified interpreter at the meeting. 2. Roberta, a deaf parent, goes to a school-sponsored bake sale. The interactions Roberta will have with other parents and students are informal and short. Therefore, an interpreter would not be needed and other methods of communication would suffice. How Can School Personnel Communicate by Telephone with Persons Who Have Hearing or Speech Disabilities? Although the Section 504 regulation does not specifically address TTYs, Title II requires that where public entities communicate with the public by telephone, TTYs or equally effective means must be used to communicate with persons who have hearing or speech disabilities [28 C.F.R.§35.161]. Sometimes called text telephones (TTs) or telecommunication devices for the deaf (TDDs), these devices provide a printout or digital display (or both) that enables a person who is deaf or hard of hearing or has a speech disability to have a two-way conversation through the written word. A telephone that is not equipped with a TTY can receive a call from a TTY- user if the telephone relay system is used to provide a spoken interface. TTYs or equally effective telecommunication systems, such as relay services provided by telephone companies, must be provided at all public school offices and departments that provide interaction by telephone with students, parents, employees, employment applicants, or the public. For example, TTYs or equally effective telecommunication systems may be required at school principals' offices, school nurses' offices, and guidance counseling offices. If a relay service is used, all persons who might use the service should receive information to help them use it effectively. Where TTYs are used, school systems should ensure that all employees who would use them are trained in their use. For More Information Disability and Business Technical Assistance Centers (DBTACs) distribute ADA regulations and other material and offer technical assistance on all aspects of the ADA * 800-949-4232 voice/TTY * www.adata.org The U.S. Department of Education's Office for Civil rights offers technical assistance regarding the requirements of Section 504 and Title II of the ADA * 800-421-3481 * www.ed.gov/offices/OCR The U.S.Department of Justice offers technical assistance on Title II and Title III of the ADA and distributes those regulations and other ADA publications. * 800-514-0301 voice or 800-514-0383 TTY * www.usdoj.gov/crt/ada/adahom1.html The Equal Employment Opportunity Commission offers technical assistance, regulations and other publications on ADA employment provisions. * 800-669-4000 voice or 800-669-6820 TTY * www.eeoc.gov Resources * Compliance with the Americans With Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools ($21) * The ADA and Public Schools: Access for All - 18 minute video ($35) Both are available from the ADA National Access to Schools Project. See contact information above. * Free Appropriate Public Education for Students with Disabilities * Student Placement in Elementary and Secondary Schools & Section 504 and Title II of the Americans with Disabilities Act * The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973 The pamphlets are available from the U.S. Department of Education's Office for Civil Rights 800-421-3481 or www.ed.gov/offices/OCR. 1 1