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

4. What factors should a public school district consider in determining what auxiliary aids or services are necessary to afford qualified students with disabilities an equal opportunity to participate in, and enjoy the benefits of, the public school’s services, programs, or activities?

Answer. The determination of what auxiliary aids or services will provide effective communication must be made on a case‐by‐case basis, considering the communication used by the student, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place. ²⁸

When determining the appropriate method of communication, schools must make an individualized determination and cannot assume, for example, that simply because a student is deaf, the student is fluent in ASL.

In addition to giving primary consideration to the particular auxiliary aid or service requested by the student with a disability, the public school should also consider, for example, the number of people involved in the communication, the expected or actual length of time of the interaction(s), and the content and context of the communication. For example, will the communication with a deaf student be fairly simple so that handwritten or typed notes would suffice; or is the information being exchanged important, somewhat complex, technical, extensive, or emotionally charged, in which case, a qualified interpreter may be necessary.

The Title II regulations’ requirements apply to all of a student’s school‐related communications, not just those with teachers or school personnel. Therefore, given the ongoing exchanges students experience with teachers, students, coaches, and school officials, any student who requires a sign language interpreter in order to receive effective communication in an academic class would likely need interpreter services throughout the day and may also need them to participate in school‐sponsored extracurricular activities.²⁹

For a deaf or hard of hearing student, a sign language interpreter or CART may be appropriate where student comments and discussions are part of the class experience for all students, i.e., to enable the student to understand comments and discussions from classmates that all students are exposed to, in addition to what is being said by the teacher, and to enable the student to express himself or herself in a manner that permits the teacher and classmates to fully understand and respond to the student.

Likewise, a student with cerebral palsy who is nonverbal may need a computer that produces text or speech in order to communicate with the teacher and his or her classmates.

For a blind student, that student’s textbooks and handouts must be accessible for that student, and all written information used in the classroom should also be read aloud or presented in other accessible formats.

In determining which auxiliary aid or service to provide, school districts should be mindful that communications evolve depending on the circumstances. We strongly encourage schools to reassess the effectiveness of communication regularly as a situation changes. For example, what may begin as a simple request by a student to check out a book from the school library, where an exchange of written notes would be sufficient, can evolve into a more complex communication concerning assistance in completing a research paper, where an exchange of written notes might not be sufficient to ensure effective communication. For more information on school districts’ continuing obligation to assess the effectiveness of auxiliary aids and services, see Q&A 13.