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

8. May a public school require an individual with a hearing, vision, or speech disability to bring another person to interpret or facilitate communication, or to rely on a person who accompanies an individual with such a disability?

Answer. The Title II regulations expressly prohibit a public school from requiring an individual with a disability to bring another person to interpret for him or her.³⁵ Assuming the provision of an interpreter or other auxiliary aid or service is required, a school is prohibited from relying upon a person who accompanies a child or adult with a hearing, vision, or speech disability to interpret or facilitate communication except in two distinct circumstances.³⁶ First, in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available, the school may ask either a minor child or an adult to interpret or facilitate communication.³⁷ In no other circumstances may a school rely on a minor child to interpret or facilitate communication.³⁸ Second, where the individual with the hearing, vision, or speech disability specifically makes the request, an accompanying adult may interpret or facilitate communication if the accompanying adult voluntarily agrees to provide the assistance and the school’s reliance on the accompanying adult is appropriate under the circumstances.³⁹