DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools

12. How does a parent request auxiliary aids and services for a child under Title II? Can the request be made as part of the IEP process or must it be made through a separate process?

Answer. Title II does not designate a particular responsible person for a parent or student to contact about, or a specific process for individuals to follow, with regard to obtaining services under Title II. The school district can determine whom the parent should contact with requests for auxiliary aids and services and other ADA issues. Title II requires school districts to provide notice about Title II and its applicability to the school districts’ services, programs, or activities.⁴² The school district or public school should make sure that the identity and contact information of the designated school official is made publicly available in accessible formats.

A best practice is for a district to proactively notify parents and students about the right to effective communication under Title II and identify the designated school official who accepts requests for Title II auxiliary aids and services. In order to carry out a school district’s responsibility to ensure effective communication, district staff, such as teachers and administrative staff, who might reasonably be contacted by parents or students with requests for auxiliary aids or services, need to be knowledgeable about how to handle this type of request. For example, the district’s process might ensure that staff refers parents to the designated school official. As another example, the district’s process might call for the teacher or other staff member to communicate the parent’s request directly to the designated school official and to notify the parent that the request has been so communicated. In addition, a school district’s Section 504 or ADA Coordinator⁴³ (discussed in further detail below) could be the designated school official or facilitate the process.

If a child has an IEP, neither the IDEA nor Title II require that the child’s IEP Team address a parent’s Title II request for his or her child; however, a school district may choose to delegate this responsibility to the child’s IEP Team. Please refer to Q&A 15 for additional information regarding the role of the IEP Team. As discussed below, a parent does not need to make a specific request under Title II before a school considers its responsibilities to provide auxiliary aids and services.