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

Title II of the Americans with Disabilities Act (Title II)

1. Under Title II, what must public school districts do to provide effective communication to students with hearing, vision, or speech disabilities?

Answer. Title II and its implementing regulations require public school districts to ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with students without disabilities.

To do this, public schools must provide appropriate “auxiliary aids and services” where necessary to provide effective communication;²⁰ that is, schools must provide appropriate auxiliary aids and services so that students with disabilities have an equal opportunity to participate in, and enjoy the benefits of, the services, programs, and activities of the public school district.

Title II requires covered entities, including public schools, to give “primary consideration” to the auxiliary aid or service requested by the student with the disability when determining what is appropriate for that student.²¹

If, after complying with the process described in Q&A 6, a public school district can prove that providing a particular auxiliary aid or service would be a fundamental alteration in the nature of a service, program, or activity, or be an undue financial and administrative burden, the school does not need to provide that auxiliary aid or service. However, the school still has an obligation to provide, to the maximum extent possible, an effective auxiliary aid or service.²²

These concepts are discussed in greater detail below.

2. What are examples of auxiliary aids and services for students with hearing, vision, and speech disabilities?

Answer. In general, auxiliary aids and services make aurally or visually delivered information available to students with hearing, vision, or speech disabilities so that they can receive information from, and convey information to, others as effectively as students without disabilities. Auxiliary aids and services include a wide range of services, devices, technologies, and methods for providing effective communication, as well as the acquisition or modification of equipment or devices.

The Title II regulation lists examples of some, but not all, of these kinds of auxiliary aids and services.²³ For a person who is deaf, deaf‐blind, or hard of hearing, some examples of auxiliary aids and services are interpreters, note takers, exchange of written materials, real‐time computer‐aided transcription services (e.g., CART), assistive listening systems, accessible electronic and information technology, and open and closed captioning.

Interpreters must be qualified.²⁴ This means that the interpreter must be able to interpret both receptively (having the skill needed to understand what the person with a disability is saying) and expressively (having the skill needed to convey information to the person with a disability). For example, an interpreter must be able to sign to the person who is deaf what is being said by the hearing person, and voice to the hearing person what is being signed by the person who is deaf. This communication must be conveyed effectively, accurately, and impartially, using any appropriate specialized vocabulary.²⁵ Thus, a teacher or other staff member who signs “pretty well” is not a qualified interpreter. Being able to sign “pretty well” does not mean that a person can process spoken communication into proper signs; nor does it mean that he or she has the proper skills to observe the person signing and change the signed or finger‐spelled communication into spoken words.²⁶ 

For a person who is blind, deaf‐blind, or has low vision, some examples of auxiliary aids and services are qualified readers, taped texts, audio recordings, Braille materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP); large print materials; and accessible electronic and information technology.

For a person with a speech disability, some examples of auxiliary aids or services are a word or letter board, writing materials, spelling to communicate, a qualified sign language interpreter, taped texts, a computer, a portable device that writes and/or produces speech, and telecommunications services.

In general, the services, devices, technologies and methods for providing effective communication that are “auxiliary aids and services” under Title II could also be provided under the IDEA as part of FAPE.

3. What does it mean for a public school district to give “primary consideration” to the request of the student with a disability when making the decision to provide a particular auxiliary aid or service?

Answer. The Title II regulations require that when a public school is deciding what types of auxiliary aids and services are necessary to ensure effective communication, it must give “primary consideration” to the particular auxiliary aid or service requested by the person with the disability.²⁷

When determining what is appropriate for that student, the school must provide an opportunity for the person with the disability (or an appropriate family member, such as a parent or guardian) to request the aid or service the student with a disability thinks is needed to provide effective communication. It is the person with the disability (or his or her appropriate family member) who is most familiar with his or her disability and can provide relevant information about which aids or services will be most effective.

For example, if a high school student was deaf at birth or lost his or her hearing before learning language, that person may use American Sign Language (ASL) as his or her primary form of communication and may be uncomfortable or not proficient with other forms of communication. A high school student who lost his or her hearing later in life and who uses a cochlear implant may not be as familiar with sign language and may feel most comfortable and proficient with an oral interpreter or with the use of a computer or other technology. A young student who is nonverbal and is fluent in ASL but cannot read yet may not be able to use a computer with written text and may be most comfortable and proficient communicating with a sign language interpreter.

The public school must honor the choice of the student with the disability (or appropriate family member) unless the public school can prove that an alternative auxiliary aid or service provides communication that is as effective as that provided to students without disabilities. If the school district can show that the alternative auxiliary aid or service is as effective and affords the person with a disability an equal opportunity to participate in and benefit from the service, program, or activity, then the district may provide the alternative.

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.

5. What does it mean for auxiliary aids and services to be provided in “accessible formats, in a timely manner, and in such a way as to protect the privacy and independence” of a student with a disability?

Answer. The Title II regulations require that when a public school is providing auxiliary aids and services that are necessary to ensure effective communication, they must be provided in “accessible formats, in a timely manner, and in such a way as to protect the privacy and independence” of a student with a disability.³⁰ This regulatory provision has several requirements.

• First, the auxiliary aid or service provided must permit the person with the disability to access the information. For example, if a blind student is not able to read Braille, then provision of written material in Braille would not be accessible for that student. If homework assignments are available on‐line, then the on‐line program used by the school must be accessible to students who are blind. Similarly, for a student with limited speech who does not yet read, a computer that writes words would not be accessible for that student. Instead, a device that uses pictures to communicate words, thoughts, and questions may be appropriate.

• Second, the auxiliary aid or service must be provided in a timely manner. That means that once the student has indicated a need for an auxiliary aid or service or requested a particular auxiliary aid or service, the public school district must provide it (or the alternative, as discussed above) as soon as possible. If the student is waiting for the auxiliary aid or service (as opposed to requesting and arranging for it in advance), DOJ and ED strongly advise that the public school keep that student (and parent) informed of when the auxiliary aid or service will be provided. This requirement is separate from the provision of special education and related services under the IDEA. For example, where the student or his or her parent(s) requests auxiliary aids and services for the student under Title II, the appropriate aids and services must be provided as soon as possible, even if the IDEA’s evaluation and IEP processes are still pending.

• Third, the auxiliary aid or service must be provided in a way that protects the privacy and independence of the student with the disability. For example, for someone who is deaf and uses ASL, if other people in the environment understand ASL, then conversations that involve sensitive information must be conducted privately. Additionally, auxiliary aids and services must be provided in a manner that does not unnecessarily disclose the nature and extent of an individual’s disability. For example, if a student who is hard of hearing needs assistance with taking notes, a teacher should not call out for volunteers in the front of the whole class. Auxiliary aids and services also must be provided in a way that protects the independence of the student. For example, if a blind student requested an accessible electronic book (e‐book) reader to complete in‐class reading, instead of using a reading aide, the school district should provide the e‐book reader because it would allow the student to go through the material independently, at his own pace, and with the ability to revisit passages as needed.

6. What happens if the public school district thinks that providing a particular auxiliary aid or service would result in a fundamental alteration in the nature of a service, program, or activity, or an undue financial and administrative burden?

Answer. A school district must provide a particular auxiliary aid or service that is otherwise required unless the district can prove that such an auxiliary aid or service would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens.

The head of the school district or his or her designee (i.e., another school official with authority to make budgetary and spending decisions) must make the determination that a particular auxiliary aid or service would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens after considering all resources available for use by the school district in the funding and operation of the service, program, or activity.³¹ Such a determination must be accompanied by the decision maker’s written statement of the reasons for concluding that a requested auxiliary aid or service would cause such alteration or burdens.³² In those circumstances, the school district has the burden of proving that providing the requested auxiliary aid or service would result in such alteration or burdens.³³ Compliance with the effective communication requirement would, in most cases, not result in undue financial and administrative burdens.

While there is nothing in the ADA that would prevent the head of the school district from delegating this authority to an appropriate member of the child’s IEP team, that designee must have authority to make budgetary and spending decisions and must have the knowledge necessary to consider all resources available to the school district for use in the funding and operation of the service, program, or activity.

In situations where the school district decides not to provide a particular aid or service and can prove that doing so would result in a fundamental alteration or undue burdens, the district must take other steps that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, the individual with a hearing, vision, or speech disability can participate in, and receive the benefits or services provided by, the school district’s program or activity.³⁴ Generally, this would involve the provision of an auxiliary aid or service that would not result in a fundamental alteration or undue burden.

7. Under what circumstances is a public school required to provide auxiliary aids and services to persons with a hearing, vision, or speech disability who are not students, such as parents, other relatives, and members of the public, who seek to participate in or benefit from a district’s services, programs, or activities?

Answer. Title II’s effective communication obligations are not limited just to students — schools are obligated to provide effective communication to all individuals who seek to participate in or benefit from a school district’s services, programs, or activities such as student registration, parent‐teacher conferences, meetings, ceremonies, performances, open houses, and field trips. All of the same Title II requirements and considerations discussed in the context of students with hearing, vision, or speech disabilities apply to other individuals with disabilities who are covered by this requirement.

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

9. Can public schools charge for the provision of auxiliary aids or services?

Answer. No. Public schools cannot charge for the auxiliary aids or services that they provide to meet the effective communications provision in the Title II regulations. DOJ and ED strongly advise school districts that they inform students with disabilities and their parents that the district can and will provide auxiliary aids and services, and that there will be no cost for such aids or services.