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

13. For children who are already receiving special education and related services under the IDEA, do parents have to make specific requests for different or additional auxiliary aids and services to trigger the Title II obligations for effective communication? Also, once the decision is made to provide a particular auxiliary aid or service to a student with a hearing, vision, or speech disability, does the school district have any obligation under either Title II or the IDEA to revisit that decision? If so, when?

Answer. Parents do not have to make a specific request for different or additional auxiliary aids. When the school district knows that a student needs assistance with communication because, for example, he or she has a hearing, vision, or speech disability, the school district also has an affirmative obligation to provide effective communication under Title II, whether or not a parent requests specific auxiliary aids and services under Title II. This obligation is in addition to the requirement that the school district make FAPE available if the student is eligible under the IDEA.

As a best practice, schools should consult with the parent or guardian (and students, as appropriate) at the first opportunity regarding what auxiliary aids or services are appropriate and update information about these preferences at least every year or whenever the parent or guardian requests a change. Nothing prevents the parent, guardian, or student from specifically requesting a particular auxiliary aid or service if not so consulted.

Also, under the IDEA, each school district must ensure that the IEP Team reviews and, if appropriate, revises the child's IEP periodically, but not less than annually.⁴⁴ In general, a reevaluation under the IDEA must occur at least once every three years.⁴⁵ Under Title II, the public school has a continuing obligation to assess the auxiliary aids and services it is providing to students with hearing, vision, or speech disabilities to ensure that these students are receiving effective communication.

For information on what parents can do if they disagree with a school district’s decision on what Title II’s effective communication provisions require for their child, please refer to Q&A 18.