Requirements for Effective Communication

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• * CHAPTER SEVEN REQUIREMENTS FOR EFFECTIVE COMMUNICATION

Individuals with disabilities must have access to communication that is as effective as communication provided to individuals without disabilities, in order to have an equal opportunity to participate in programs, services, and activities. This chapter reviews requirements for effective communication under the Title II regulation.

The chapter begins with an overview of the requirement to provide effective communication. The chapter then presents a discussion of Title II requirements regarding the provision of auxiliary aids and services. Examples of technologies and devices that can provide alternatives to print, oral, and aural communication are offered. The chapter continues with a discussion of other significant Title II requirements concerning communications--interpreter services, telecommunication devices for the deaf, emergency telephone services, and information and signage. The chapter concludes with an examination of the fundamental alteration/undue burden exception and a brief description of structural communication features. Differences between the requirements of Title II and Section 504 with respect to communication are discussed throughout the chapter.

At the end of the chapter, a practical guide to conducting the self-evaluation of policies, procedures, and resources with respect to communication is presented. Worksheets are provided that can be used to conduct an initial self-evaluation, to conduct periodic reviews to identify areas in which modifications may be needed to remain in compliance, or to prepare an action plan to provide auxiliary aids and services.

AN OVERVIEW OF COMMUNICATION REQUIREMENTS

Under the Title II regulation, public elementary and secondary schools are required to ensure that students, parents, employees, employment applicants, and members of the general public with disabilities are able to experience communication that is as effective as that provided to people without disabilities [28 C.F.R. ? 35.160(a)]. People with visual, hearing, and speech disabilities must all have the opportunity to receive and present communication in a manner that is appropriate and effective [28 C.F.R. ? 35.160(a)]. Communication support must be provided in a manner that enables people with disabilities to participate on an equal basis with all others, unless to do so would result in a fundamental alteration in the nature of a service, program, or

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activity or in an "undue" financial or administrative burden [28 C.F.R. ? 35.164]. Such exceptions rarely apply. It is important to note that the fundamental alteration/undue burden exception does not apply to the provision of related aids and services that are necessary to ensure a free appropriate public education to qualified students with disabilities. (See discussion on [print] pages 236 and 239.)

28 C.F.R. ? 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.

The self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully excluded, segregated, or restricted in any way as the result of communication barriers.

Unlike the Title II regulation, the Section 504 regulation for federally assisted programs does not contain a separate Subpart for communications. However, the Section 504 regulation does contain a number of nondiscrimination requirements that result in an obligation to provide effective communication.

PROVIDING AUXILIARY AIDS AND SERVICES

In order to provide equal access to public services, school systems are required by Title II to make appropriate auxiliary aids and services available whenever they are necessary to ensure effective communication [28 C.F.R. ? 35.160(b)(1)]. Upon the request of a qualified person with a disability, public school systems must provide access to communication through appropriate auxiliary aids and services. Auxiliary aids and services include a wide range of services, equipment, and devices that provide effective communication to people with visual, hearing, or speech disabilities.

28 C.F.R. ? 35.160(b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.

Providing a qualified sign language interpreter for an individual who is deaf is an example of an auxiliary service under Title II. Other examples of auxiliary aids and services for people who are _hearing _impaired include notetakers, computer-aided real-time transcription services (CART), amplified and hearing-aid compatible telephones, assistive listening systems, open or closed captioning and caption decoders, text telephones or telecommunication devices for the deaf (TDDs), and flashing alarms.

Auxiliary aids and services for people with _visual disabilities include providing access to printed information through audiotape cassettes, computer diskettes, Braille or large print materials, or through the use of qualified readers; providing verbal descriptions of action and visual information to enhance the accessibility of performances and presentations; and making a staff member available as a guide to enable a person with limited vision to find his or her way along an unfamiliar route.

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In addition to auxiliary aids and services that are available for use today, many other technologies will undoubtedly emerge in the future that will also constitute appropriate auxiliary aids and services.

It is very important to understand that there may be an overlap between the provision of __auxiliary aids and _services that are designed to ensure effective communication and __related aids and _services that are necessary to provide a free appropriate public education (FAPE) to qualified students with disabilities. As discussed in Chapter Four, under both Section 504 and Title II, in order to provide FAPE to qualified students with disabilities, public elementary and secondary schools that receive federal financial assistance must provide regular or special education, as well as related aids and services, designed to meet the individual educational needs of each qualified student with disabilities [34 C.F.R. ? 104.33(b)(1) and 28 C.F.R. ? 35.130(b)]. The concept of "related aids and services" applies to any supplementary aids, adjustments, and services, _including those that are communication-related, that are necessary to ensure FAPE to qualified students with disabilities. Auxiliary aids and services that are designed to ensure effective communication and that are necessary to ensure FAPE are also considered related aids and services. These related aids and services must be provided in accordance with both the communications requirements of Section 504 and Title II and the requirements of Section 504 and Title II regarding the provision of FAPE.

The determination regarding whether a qualified student with a disability needs communication-related related aids and services to ensure FAPE is the responsibility of the placement team and must be addressed as part of the evaluation and placement procedures of Section 504 and Title II. The placement team would also determine the specific appropriate communication-related related aids and services the student may need to ensure FAPE. If the student's parents or guardians disagree with the placement team's determination, they have a right to challenge the decision through due process procedures.

The concept of "related aids and services" under Section 504 and Title II is broad, extending beyond the context of communication. On the other hand, "auxiliary aids and services" discussed in this chapter are limited to the context of communication. Equipment used to make physical accommodations for students with mobility impairments, psychological services, and physical and occupational therapy are examples of "related aids and services" under Section 504 and Title II, but they would not be considered "auxiliary aids and services" that are designed to ensure effective communication under Title II. In order to eliminate possible confusion regarding the provision of related aids and services to ensure FAPE and the Title II requirement to provide auxiliary * Print Page 228 aids and services to ensure effective communication, this chapter provides only a few examples of communication-related related aids and services that are necessary to ensure FAPE.

As discussed in Chapter Two, questions are frequently raised regarding whether school districts must provide auxiliary aids and services for parents or the public for such programs and activities as graduation ceremonies, parent-teacher organization meetings, plays and other events open to the public, and adult education classes. Under Title II, public school systems must provide appropriate auxiliary aids and services for these programs and activities whenever necessary to ensure effective communication for parents and the public, unless providing the auxiliary aids results in an undue burden or in a fundamental alteration of the program [28 C.F.R. ? 35.102 (Preamble)]. For example, school districts may have to provide qualified interpreters on request for members of the public at graduation ceremonies and for parents at parent-teacher organization meetings.

GUIDELINES FOR DETERMINING WHICH TYPES OF AUXILIARY AIDS AND SERVICES TO PROVIDE

The Title II regulation has a requirement, not specifically contained in Section 504, that public school systems must give "primary consideration" to the requests of the individual with disabilities in determining what type of auxiliary aid and service is necessary [28 C.F.R. ? 35.160(b)(2)]. This means the school system must give each person with a disability an opportunity to request the auxiliary aid or service of his or her choice. Further, under Title II, school districts must honor this request unless they can demonstrate that another aid or service will be effective for the individual requesting the service, that the proposed action would fundamentally alter the service, program, or activity, or that the action would result in undue financial and administrative burdens [28 C.F.R. ? 35.164]. Even where a school district can demonstrate a fundamental alteration or an undue burden, the district must take other measures to ensure that it does not discriminate against individuals with disabilities.

28 C.F.R. ? 35.160(b)(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with

disabilities.

Deference to the request of the individual with a disability is crucial because of the range of disabilities, the variety of auxiliary aids and services, and the various circumstances requiring effective communication. It is important to consult with the individual to determine the most appropriate auxiliary aid or service because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective.

Thoughtful planning is required to handle requests for auxiliary aids and services expeditiously. Under Title II, factors that may influence whether a particular auxiliary aid or service provides effective communication include:

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-- __The particular needs of the person requesting the auxiliary aid or _service. As mentioned earlier, when an auxiliary aid or service is requested, primary consideration should be given to the aid or service requested by the person with a disability; otherwise, the particular individual's needs may not be adequately met in spite of the school system's efforts, and effective communication may not be achieved.

Example: Has this parent been offered effective communication?

Jan, a parent who is deaf, wishes to attend a meeting of the Parents and Teachers Association. Jan is a native user of American Sign Language and knows little English. In advance of the meeting, Jan requested that the school provide her with an interpreter who is qualified to interpret into American Sign Language. However, the school provides an interpreter who is qualified to interpret into Signed English. The school has not provided Jan with communication that is equally effective to that provided to persons without disabilities.

• - __The duration and complexity of the _communication. Longer, more detailed exchanges often require more powerful and faster modes of communication [28 C.F.R. ? 35.160 (Preamble)]. For example, an exchange of handwritten notes might suffice for a deaf parent who is picking up a child at school and simply wants directions to the classroom. But if that parent is participating in a parent-teacher conference, an interpreter or other effective means of communication may be needed.

• - __The context of the _communication. Environmental conditions, such as the difference between a structured office setting and an outdoor recreational setting, influence the effectiveness of various devices and techniques [28 C.F.R. ? 35.160 (Preamble)].

• - __The number of people _involved. Communication techniques that are effective between two people might not work well in a group context. For example, a person who has limited hearing may be able to understand one-to-one conversation in a quiet office setting, but may not be able to do so in a group setting [28 C.F.R. ? 35.160 (Preamble)].

• - __Importance and potential _impact. Some communications--such as those involving legal, financial, health, and safety issues--are particularly important and must be provided in ways that guard against errors, omissions, and misunderstandings [28 C.F.R. ? 35.160 (Preamble)]. For example, if a kindergarten student has had an accident, and the student's

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deaf parent is receiving instructions from the school nurse on follow-up care, it is particularly important that the parent have a clear understanding of what the nurse is saying.

Public school systems are obligated to respond to requests from individual members of the public for auxiliary aids and services that will enable them to benefit from the school's programs. However, in situations in which the demand for materials in alternative formats is predictable, school districts will probably want to provide certain widely distributed information in alternative formats even without a specific request in order to ensure timely availability of important material. For example, a school system might want to have an announcement of summer recreation programs run by the school system routinely available in large print, cassette, Braille, and computer disk formats.

Given the short timeline from the awareness of an individual's need for an auxiliary aid or service to the occurrence of some programs and activities, requests may occasionally be made that cannot readily be met in a timely fashion. This Guide recommends that when school districts inform individuals of upcoming programs, activities and services, they suggest that individuals with disabilities provide reasonable advance notice of their need for auxiliary aids and services. Plans should also be in place for providing acceptable alternatives to requested auxiliary aids and services. In many instances, an alternative to the original request may be appropriate. Clear communication with the person making the request is essential in finding a suitable accommodation.

Example: What alternatives are available to this request for materials in an alternative format?

A school district sponsors evening non-credit classes in arts and crafts for adults. At the beginning of the semester, Jennifer, who is blind, enrolls in one of the classes and requests that the school district provide her textbook in Braille. The district does not have the textbook available in Braille. However, the district finds the book available on tape through the Recording for the Blind library. Jennifer accepts the accommodation offered by the district.

TECHNOLOGIES AVAILABLE AS ALTERNATIVES TO VISUAL, AURAL, AND ORAL COMMUNICATION

There are two major types of communication barriers that prevent or detract from communication effectiveness:

1. _Visual: Print materials, visual displays, and signage may present barriers to people with limited vision.

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2. _Aural/oral: "Aural" refers to information that is heard; "oral" refers to spoken communication. A person who is hearing-impaired experiences barriers related to aural communication. The same person may be able to communicate orally, however. A person who has a speech impairment, or a cognitive impairment that affects speech, may experience barriers in communicating orally, but have no difficulty receiving information that is conveyed aurally. Each person will require different auxiliary aids and services in order to be provided equally effective communication.

This section reviews some of the technologies currently available to provide effective communication and suggests possible applications for public school systems. However, this description of technologies is not exhaustive. New technologies are constantly emerging. The technologies presented here may also be used as related aids and services that are provided to qualified students with disabilities as part of their free appropriate public education.

Alternatives to Visual Communication

Materials presented in a visual format can inhibit communication with persons who are blind or partially sighted. The following are some of the auxiliary aids and services that may be used to overcome such barriers.

_Alternative _Formats. It is essential that information be available in a variety of formats in order to be accessible to users with a variety of disabilities. For example, school districts should ensure that persons who are blind or have low vision have access to materials in Braille, on audiotapes, large print, and other formats.

Braille is a tactile representation of written or printed language. It consists of characters made up of arrangements of raised dots. Not all blind persons read Braille, but many prefer it to tapes because it is easier to scan, easier to refer back to for information, and easier to reference. Braille is sometimes the only alternative form of visual information that a deaf-blind person is able to access since tapes and large print may be inaccessible.

Many people who have limited vision are able to read large print. Print is measured in "point" size. Standard print is usually 10-12 point. Large print is print that is larger than 16 point, usually 18 to 22 point. Large print can be produced at low cost using a photocopier that can enlarge. Many computer programs have the option of printing enlarged documents or formatting text in various font sizes.

Making audiotapes of such program material as textbooks and course listings is often a good alternative to written information.

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Some people who are blind or visually impaired cannot read, or prefer not to read, Braille or large print; they find tapes more useful. Tapes are also sometimes helpful to people with learning disabilities such as dyslexia. Tapes can be prepared in-house or by a professional taping service.

_Adaptations _for _Computers. Many individuals who are blind, including children, are computer literate and use computers every day as a way of accessing information. Transmitting information by providing a computer diskette or using e-mail may be good ways to overcome the barriers created by information presented in a visual format.

A wide range of computer software and hardware, as well as various other types of devices, are available to facilitate input and output by blind or partially sighted computer users. For example, software is available to control key input acceptance rates and to allow the cursor to be controlled from the keyboard instead of from the mouse.

Software is available to provide large print displays on monitors. Large print software has many applications. Many libraries, for example, use computerized displays that can be made available to partially sighted persons through such adaptations.

Screen readers (also called speech synthesizers and voice output) are available to create "talking computers" that read computer screens. The process used to achieve voice output on a computer requires both a screen reader software package and appropriate hardware (an internal or external voice synthesizer) to produce speech. This technology has a wide range of applications. Libraries, for example, can use screen readers to provide automated catalog data. Earphones can be used by speech synthesizer users in order to avoid disturbing other individuals in the same area.

Braille printers are another way of communicating screen content. They are operated like non-Braille printers and produce hard copy that can be read and kept for reference. Transcription software is required to convert the word-processed text into symbols the printer can recognize.

Another form of Braille output is a "refreshable Braille screen" that can translate text from a computer monitor to a Braille version presented on an attached piece of equipment. The Braille cells change as each new line is presented. This approach does not yield hard copy.

When a person who is blind needs access to print material that is not available, or readily available, in Braille, it can be scanned into a computer. "Optical character recognition" technology enables text to be printed in large print format, articulated by a screen reader, or provided as hard copy through a Braille printer.

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With appropriate Braille transcription software, the user can enter text in standard print, review the text by producing a hard copy in Braille, and then produce a final version that can be shared with a sighted individual.

Braille input devices include portable notetaking systems. The portable notetaking devices have their own local storage (e.g., microcassette, floppy disk, random access memory) and their own built-in text editors. Their input mechanism is a keyboard with six keys and a space bar which is used to enter Braille. The output display can be a refreshable 20-cell display that can be connected to a Braille or standard printer, to both types of printers, or to a personal computer for file transfers.

_Magnification _Devices. Magnifying lenses--lighted or unlighted, portable or fixed, hand-held or stand-mounted--are a useful tool whenever visual materials are used as part of a presentation attended by partially sighted participants. For example, if a parent with limited vision attended his or her child's art class on Parents' Day, and the art instructor passed a photo of a small sculpture around the classroom for examination, a magnifying lens would enable the parent to appreciate the demonstration. Also, if the same parent attended a reading class, the teacher might arrange to provide a copy of the book with a magnifier so that the parent could follow the reading.

Alternatives to Aural/Oral Communication

People with various disabilities may be unable to receive or generate spoken communication. The following are some of the most widely used devices that can assist with communication.

_Writing. In some situations there are simple alternatives to spoken communication. Pen and paper may be an easy form of communication in situations where communication is simple. In a more complicated situation other methods should be considered.

_Computer-Aided _Real-Time _Reporting (CART). Recently a new type of translation service, called computer-aided real-time reporting, or CART, has become available as an option for deaf or hard of hearing people who read English fluently. This service is generally used in meeting or conference settings, but the service may also be provided for students in classes. Real-time reporters, trained as court stenographers, type out words as they are being spoken in a meeting or class and the text is simultaneously displayed on a computer monitor, video monitor, or projection screen. For assistance in obtaining this service, contact your local court stenotypist organization, agencies that provide interpreters, or other organizations serving people who are deaf or hard of hearing.

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_Assistive _Listening _Devices. Also called assistive listening systems, these devices can be used to enhance hearing in one-on-one discussions or in meeting rooms. They can be fixed or portable. FM systems, for example, use a microphone connected to an FM signal-sending device that can be attached to the speaker. The listener wears a portable headset that can be used anywhere in the room and is able to receive the amplified sound. Multiple listeners can benefit simultaneously from this type of system. It is important to note that with respect to new construction, both the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Uniform Federal Accessibility Standards contain scoping and technical requirements for assistive listening systems in assembly areas [? 4.1.3(19)(b) and 4.33, __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991) and ? 4.1.2(18)(b) and 4.33, __Uniform Federal Accessibility _Standards (1985)].

__Telecommunication Devices for the Deaf (_TDDs). The Title II regulation requires that where a public school communicates by telephone with students, parents, employees, employment applicants, or the general public, TDDs or equally effective telecommunication systems must be used to communicate with individuals with impaired hearing or speech. TDDs are surprisingly inexpensive. The Title II requirements regarding TDDs are discussed in greater detail later in this chapter.

_Telephone _Amplification. Many hearing aids have a telephone setting that can amplify sound if an appropriate handset is used. The telephone company can provide a handset with the appropriate magnetic field intensity to be compatible with this type of hearing aid setting. Battery-powered, portable handset amplifiers are also available. The amplifier can slip over the handset of most telephones.

With respect to new construction, both the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Uniform Federal Accessibility Standards contain scoping and technical requirements for accessible public telephones equipped with volume controls [? 4.1.3(17)(b) and 4.31.5, __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991) and ? 4.1.2(16)(b) and 4.31.5, __Uniform Federal Accessibility _Standards (1985)]. With respect to new construction, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities also specifically requires hearing-aid compatible telephones [? 4.31.5(1), __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991)].

_Adaptations _for _Computers. Since operating a personal computer is essentially a visual task, users who are deaf

generally do not experience significant difficulties with

computer technol-

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ogy. However, school systems will want to ensure that important information conveyed by beeps or speech during computer-related tasks is also displayed visually for the user unable to benefit from the auditory information. Computer operating systems often have built-in options for visually displaying auditory alerts. If necessary, a flashing light signal should be installed that echoes the beeps.

_Electronic _Speech _Aids. A number of devices are available that support the exchange of information electronically. Among them is a small device that accepts and displays typed text. Such a device could be stored in a library for ready use with customers who are deaf. Speech synthesizers may also be used to facilitate communications with persons who have speech impediments.

__Captioning Television and Videotape _Programming. Audio portions of television and videotape programming produced by public entities are subject to the requirement to provide equally effective communication for individuals with hearing impairments. Closed captioning of such programs is sufficient to meet this requirement [28 C.F.R. ? 35.160 (Preamble)]. Public school systems may want audiovisual materials used for class work, or which are

otherwise intended for public education, to carry captions. Closed captioning is an ideal format because the captioning is unseen unless it is needed.

_Decoders. When a "closed captioned" film or video is shown, a decoder is used to "open" the captions and make them appear on screen.

INTERPRETER SERVICES

When sign language interpretation is necessary, Title II requires that it be provided by a "qualified interpreter." Under Title II, the term "qualified interpreter" is defined as an individual who is "able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary" [28 C.F.R ? 35.104]. To satisfy this requirement, the interpreter must have the proven ability to effectively communicate the type of information being conveyed.

28 C.F.R. ? 35.104 Definitions. _Qualified _interpreter means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.

The interpreter qualifications most appropriate in each instance will vary. Certified interpreters are not required; in some cases, experienced interpreters familiar with the subject area will do a better job of capturing the content than a certified interpreter who lacks subject area expertise.

It is generally not appropriate to use a family member or companion as an interpreter. The deaf or hard of hearing person has the right to request an impartial interpreter.

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One commonly asked question is when an interpreter is required. Although a notepad and pen for written communication may be sufficient for simple conversations, an interpreter may be necessary when the information is complex or the exchange is lengthy. For example, a public lecture should be interpreted for members of the audience who are deaf. Factors to consider in determining whether an interpreter is required include:

1. the context of the event,

2. the number of people involved, and

3. the importance of the material being communicated [28 C.F.R. ? 35.160 (Preamble)].

Examples: Do these situations require interpreters?

1. School officials notify Andrea, a parent who is deaf, about a meeting at which a decision will be made regarding whether her child should be suspended from school. In this situation, the importance of the material being communicated is such that the school district must provide Andrea with a qualified interpreter at the meeting.

2. Roberta, a deaf parent, goes to a school-sponsored bake sale. The interactions Roberta will have with other parents and students are informal and short. Therefore, an interpreter would not be needed and other methods of communication would suffice.

Public school systems are responsible for providing interpreter services upon request, when they are necessary for effective communication, unless doing so would cause a fundamental alteration or undue burden [28 C.F.R. 35.164]. However, it is important to note that the fundamental alteration/undue burden exception does not apply to the provision of interpreter services that are necessary to ensure a free appropriate education for qualified students with disabilities.

TELEPHONE COMMUNICATIONS

Although the Section 504 regulation does not specifically address TDDs, Title II specifically requires that where public entities communicate with the public by telephone, TDDs or equally effective means must be used to communicate with persons who have hearing or speech disabilities [28 C.F.R. ? 35.161]. Sometimes called text telephones (TTs) or teletypewriters (TTYs), these devices provide a printout or digital display (or both) that en-

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ables a person who is deaf or hard of hearing to hold a two-way conversation through the written word. A telephone that is not equipped with a TDD device can receive a call from a TDD user only if a relay system is used to provide a spoken interface.

Title IV of the ADA, which covers telecommunications, requires all common carriers that provide telephone voice transmission services (i.e., telephone companies) to have provided telecommunications relay services throughout the area in which they provide service by July 26, 1993 [47 U.S.C. 225 (1990)]. Telephone relay services required by Title IV generally may be used to meet the requirement of Title II that public entities provide TDDs or equally effective telecommunication systems.

TDDs or equally effective telecommunication systems, such as relay services provided by telephone companies, must be provided at all public school offices and departments that provide for interaction by telephone with students, parents, employees, employment applicants, or the public. For example, TDDs or equally effective telecommunication systems may be required at school principals' offices, school nurses' offices, and guidance counseling offices. If a relay service is used, all persons who might use the service should receive information to help them use it effectively.

Where communication by telephone is a major function of a particular component within a public school system, TDDs should be available [28 C.F.R. ? 35.161 (Preamble)]. Also, if a school does not presently make any public pay telephones available to students or parents in its facility, but does allow students without disabilities to use a telephone in the administration office to communicate with their parents, the school may be specifically required to provide a TDD so that students with hearing or speech impairments have a similar ability to communicate effectively with their parents. Where TDDs are installed, school districts should ensure that all employees who would use the TDDs are trained in their proper use.

28 C.F.R. ? 35.161 Telecommunications Devices for the Deaf (TDDs). Where a public entity communicates by telephone with applicants and beneficiaries, TDDs or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech.

It is important to note that, with respect to new construction and alterations to existing buildings and facilities, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities contains scoping and technical requirements for TDDs [? 4.1.3(17)(c), 4.1.6(1)(e), and 4.31.9, __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991)]. The Uniform Federal Accessibility Standards do not contain specific requirements regarding TDDs.

EMERGENCY TELEPHONE SERVICES

Many public entities provide telephone emergency services by which individuals can seek immediate assistance from police,

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fire, ambulance, and other emergency services. These telephone emergency services--such as "911" services--are clearly an important public service whose reliability can be a matter of life and death.

28 C.F.R. ? 35.162 Telephone emergency services. Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDDs and computer modems.

Under Title II, but not Section 504, public entities that operate telephone emergency services must provide direct access to individuals who use TDDs and computer modems for telephone communication [28 C.F.R. ? 35.162]. This provision affects all public school systems that provide such services. "Direct access" means that emergency telephone services are able to receive calls from TDDs and computer modem users _without relying on outside relay services or third-party services. A public entity may, however, operate its own relay services within its emergency system, provided that the services for non-voice calls are as effective as those provided for voice calls in terms of time response.

INFORMATION AND SIGNAGE

Under Title II, public school systems must ensure that interested persons, including persons with impaired vision or hearing, can obtain information about the existence and location of accessible services, activities, and facilities [28 C.F.R. ? 35.163(a)]. Signs must also be placed at all inaccessible entrances to each of the school system's facilities, directing users to an accessible entrance or to a location where information about accessible facilities can be obtained [28 C.F.R. ? 35.163(b)]. The international symbol for accessibility must also be used at each accessible entrance of a facility. The international symbol for accessibility appears below: [not reproduced here].

28 C.F.R. ? 35.163 Information and signage.

(a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.

(b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility.

Under the Title II regulation, where TDD-equipped pay phones or portable TDDs exist, clear signage should be posted indicating the location of the TDD. Also, the Department of Justice recommends that, in large buildings that have TDDs, directional signage indicating the location of available TDDs should be placed adjacent to banks of telephones that do _not contain a TDD [28 C.F.R. ? 35.163 (Preamble)].

Section 504 contains a notice provision similar to the Title II regulation. Recipients of federal financial assistance must adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information about the existence and location of services, activities, and facilities that are accessible to persons with disabilities. However, this Section 504 provision does not specifically require signage [34 C.F.R. ? 104.22(f)].

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FUNDAMENTAL ALTERATIONS OR UNDUE BURDENS

The Title II regulation does not require a public school system to take any action that would result in a fundamental alteration in the nature of a service, program, or activity, or in an undue financial and administrative burden [28 C.F.R. ? 35.164]. As discussed in Chapter Four and earlier in this chapter, it is important to note that the fundamental alteration/undue burden exception does _not apply to the provision of related aids and services that are necessary to ensure a free appropriate public education for qualified students with disabilities.

When a public school system cites a fundamental alteration in a program or service or an undue burden as a reason for failing to provide a requested auxiliary aid or service, the Title II regulation places the burden of proof on the school system. A decision regarding whether there is a fundamental alteration or an undue burden must be based on _all of the resources available for use in the funding and operation of the service, program, or activity [28 C.F.R. ? 35.164].

As discussed in Chapter Six, the Title II regulation contains requirements for documenting the claim of fundamental alteration or undue burden that are not contained in Section 504. Under Title II, the decision that compliance would result in an undue burden or fundamental alteration must be made by the head of the public entity or his or her designee. This person should be a high level official--no lower than a department head--who has budgetary authority and who customarily makes spending decisions such as the one in question. In addition, the decision must be accompanied by a written statement of the reasons for that decision [28 C.F.R. ? 35.164].

Claiming that an undue burden or fundamental alteration exists does not relieve a public entity of its obligations to provide access for persons with disabilities. Even if an entity is not able to undertake a particular measure in order to provide equally effective communication, it must still take other measures, to the maximum extent possible, to ensure that it does not discriminate against individuals with disabilities in any of its programs, services, or activities [28 C.F.R. ? 35.164].

STRUCTURAL COMMUNICATION FEATURES

Communication features that are structural in nature are those that are fixed or built into the facility. These are not considered auxiliary aids; rather, they are part of the review of the facility for program accessibility and should be included in the transition plan. Examples of structural communication features include:

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-- flashing signals to inform people with hearing disabilities of a fire alarm;

• - tactile signage with raised letters to enable people with visual disabilities to use an elevator panel or identify rest rooms, specific room locations, and exits;

• - sound amplification devices such as public address systems and amplified receivers to increase the audible information that people with limited hearing are able to perceive; and

• - FM broadcast systems to transmit amplified sound to people with limited hearing or descriptive information to people with limited vision.

See Chapter Six for a discussion of requirements related to the development of transition plans.

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IMPLEMENTATION

Conducting the Review of Communications

This section provides suggestions for the following activities:

• - Prepare to conduct the review

• - Review communications access

• - Develop communication strategies

IMPLEMENTATION

The ADA requires that public entities provide communications for persons who have disabilities that are as effective as those available to persons who do not have disabilities. To ensure that this requirement is met, school districts should review both their written policies and the actual communications practices of all programs, activities, and services. The level and quality of communication accessibility required by Title II is higher than that which most public entities have previously provided. As a result, your school district's self-evaluation may well result in the development of new policies and procedures and require significant additional resources.

The recommended approach for reviewing communications policies and procedures throughout your school district begins with the appointment of a coordinator for the communications review and the designation of an appropriate subcommittee. The review should, of course, be conducted based on appropriate organizational units determined by the subcommittee (most probably those used for other self-evaluation components, but not necessarily). Often, the communications review is combined with the review of policies and practices to ensure conformity with nondiscrimination requirements (Chapter Four) and program accessibility requirements (Chapter Six).

Next, review communications throughout the school district to determine areas in which alternative forms of communication are currently unavailable but are required. Finally, information obtained from the communications self-evaluation should be summarized and reviewed carefully by the subcommittee to identify current procedures that should be modified, to determine purchases and procurements that should be made or planned to facilitate communication, and to note appropriate sources from which to obtain auxiliary aids and services.

Prepare to Conduct the Review

The review of _written _policy may be conducted either centrally by the ADA compliance team or by the communication subcommittee. A review of district-wide _communications _practices is also required. This review may be conducted by the ADA compliance team, by a communication subcommittee, by individuals selected for their expertise regarding communications (including consultants), by trained program staff, or by other methods. However, it is the recommendation of this Guide that program staff be actively involved in the review of both policies and practices for the following three reasons:

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1. Involving program staff in the early stages of review is often the best way to enlist their understanding and support for implementing change later in the process.

2. The review may identify programs that have communication resources and expertise in place that will be useful to other programs or to the entity as a whole.

3. The process can be used to evaluate the communication functions of each program and to assess the quantity and type of additional communications resources needed.

A two- or three-tier review is recommended. At a minimum, there should be a review at each program level followed by a district-wide review. However, most school districts will undertake an intermediate level of review and summation prior to the district-wide review.

Worksheet 7-1 may be used to document the names and titles of designated representatives of the communication subcommittee responsible for planning and coordinating the communications self-evaluation and for assessing the implications of the self-evaluation findings at the district level.

Review Communication Access

A methodical review of communications support provided in all programs, services, or activities is important even when it is already suspected that policies and practices are not in compliance with Title II requirements. First, through conducting the review, subcommittee members will identify program areas where auxiliary aids and services may be needed in order to provide effective communication. Also, the review process will result in information about the need throughout the school district for various types and amounts of auxiliary aids and services. The school district will then be able to utilize this information to make district-wide policy decisions and make necessary purchases and procedural arrangements to obtain auxiliary aids and services from providers.

The communications review should cover the following areas:

__Communication in all programs, services, and _activities. The self-evaluation should review:

• - printed information that may limit the participation of people with visual disabilities;

• - aural communication (information that is heard) that may limit the participation of people who are deaf or hard of hearing;

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-- oral information (information that is spoken) that may limit the participation of people with speech disabilities.

_Telecommunications. The review must determine the current level of compliance with the following key requirements of the ADA:

• - If staff members communicate over the telephone with the public, applicants, or program participants, a TDD or equally effective telecommunication system must be provided.

• - If the entity provides emergency telephone services, direct access to a TDD must be provided.

_Signage _and _information. The review must determine compliance with key requirements concerning signage and other means of providing information about accessible communication features. These requirements include the following:

• - Accessible entrances must be identified. Signs directing the public to accessible entrances should be provided at all inaccessible facility entrances.

• - Information regarding the existence and location of accessible services, activities, and facilities must be provided.

Worksheet 7-2, Communication Access Assessment, is designed to assess and document the current ability of programs to provide equally effective communication to people with disabilities.

The first part of the worksheet is completed by filling in two charts corresponding to the two major categories of communication barriers discussed earlier in the chapter (visual and aural/oral). On the left-hand side of the charts, list all types of information in each communication category that are involved in the operation of the program. Consider all aspects of the program, including classroom activities, outreach, advertising, application processes, daily operation, parent-teacher organization meetings, public meetings, and special events. On the right-hand side of the charts are columns with the names of common auxiliary aids and services. Check boxes to indicate auxiliary aids or services that are currently provided or available. Place an X in a box to indicate additional aids or services that may be needed to ensure equally effective communication for persons with disabilities.

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The second part of the worksheet contains questions regarding:

• - primary consideration (responding to requests for aids and services),

• - telephone communications and the use of TDDs,

• - access information and signage, and

• - emergency warnings and evacuation procedures.

DEVELOP COMMUNICATION STRATEGIES

Information collected should be summarized to facilitate review and analysis by the communication subcommittee. By assembling information in a format that enables the subcommittee to examine the needs of the public entity as a whole, needs can be projected more accurately and strategies adopted with greater confidence. Based on their findings, the subcommittee should make recommendations to guide the development of system-wide effective communication resources.

The subcommittee should determine whether communications capacity should be developed in-house or purchased through contracts with outside agencies. Some school districts may find it more cost-effective to purchase copiers to make large print documents, computer software for bigger fonts, or tape recorders for creating audiotapes. Many school districts will find it cost-effective to hire readers or interpreters on a part-time or even full-time basis because of the need for these services. Other school districts will find it more cost-effective to contract with other agencies to provide sign language interpreters or to transcribe written documents into Braille.

The analysis of communications resources can target three general types of communications resource development strategies:

1. _Local. Establish procedures for optimum sharing of existing or new communications resources at the program or department level, such as copying machines that can enlarge documents to produce large print or personal computers that can generate diskettes in ASCII format.

2. _Central. Distribute centrally located resources throughout the district. For example, provide access to a computer with Braille output, a real-time transcription service, and an

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audiocassette production service for all departments and programs.

3. _External. Establish standards and procedures for contracting for communications services from sources outside the school district, such as for sign language interpretation.

The communication review team can also make specific decisions that will be reflected in budgeting and strategic planning. It can, for example, determine the number of TDDs that must be available and in what locations; the circumstances in which the use of a relay service will be effective; the number of employees who will need training in the use of TDDs; and the number of readers and interpreters needed. In order to refine these estimates, school districts can track the use of aids and services by people with disabilities over time in order to reflect the actual usage and need. It is recommended that systems be in place to collect this information and to review it periodically by using the expertise of persons with disabilities.

Worksheet 7-3, Communication Summary and Action Plan, is designed for use at two levels. It may be used to summarize the results of the Communication Access Assessment covering individual programs, services or activities. The same worksheet can then be used by the communication subcommittee to generate a summary of existing communications resources throughout the school district and communications resources throughout the district that need to be developed. This overall summary should provide a fairly comprehensive picture of the district's communication resources and needs. The worksheet also documents those situations in which the provision of effective communication would result in a fundamental alteration of the program or in undue financial or administrative burdens. (Remember that related aids and services that are necessary to ensure the provision of a free appropriate public education are not subject to the fundamental alteration/undue burden exception.)

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Worksheet 7-1

COMMUNICATIONS SELF-EVALUATION SUBCOMMITTEE MEMBERS

SCHOOL DISTRICT: ----

NAME (ADA COORDINATOR): ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

Use this worksheet to identify individuals in each organization unit who should be involved in the self-evaluation of communication policies and practices. In the first column, write the name and title of individuals who will represent organizational units. In the second column, write the name of the organizational unit.

Communication Subcommittee Members

In this empty table, columns follow each other in this order: Name and Title: Unit Represented.

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Worksheet 7-2

COMMUNICATION ACCESS ASSESSMENT

SCHOOL DISTRICT: ----

WORKSHEET COMPLETED BY: ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

Assess and document the current ability of your program to provide communication for persons with disabilities that is as effective as the communication provided to persons who do not have disabilities.

A. Communication Access

1. Visual Communication

Information that is communicated visually--such as through printed materials or visual displays--must be made accessible to people with visual disabilities through auxiliary aids and services.

Does the program involve information that is communicated visually? -- Yes -- No

In the chart below, list each type of information that is communicated visually. Consider all aspects of the program, including, but not limited to, classroom activities, outreach, advertising, public meetings or hearings, parent-teacher organization meetings, ceremonies, and communication with the general public, parents, applicants, and other program participants. Examples may include brochures, forms, handbooks, textbooks, slide shows, videotapes, and visual displays.

For each type of information, place a check below the auxiliary aids or services currently available to people with visual disabilities. Place an X below any additional aids or services that may be necessary to provide effective communication of the information. (More than one auxiliary aid or service may be needed for each.)

In this table, columns follow each other in this order: Types of information: large print; Braille; audiotape; readers; verbal descriptions; computer disk; computer adaptations; other.

1. Brochure (example): X; Check Mark; X; X; --; X; --; --.

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2. Aural/Oral Communication

(Note: ("Aural" refers to information that is heard; "oral" refers to spoken information.)

Programs that communicate information aurally to applicants or participants or that require an applicant or participant to use oral communication must make that information accessible to people who have hearing or speech disabilities by providing auxiliary aids and services.

Does the program involve information that is communicated verbally? -- Yes -- No

In the chart below, list each type of information that is communicated aurally/orally. Consider all communication involved in all aspects of the program, including, but not limited to, classroom activities, Consider all aspects of the program, including, but not limited to, classroom activities, outreach, advertising, public meetings or hearings, parent-teacher organization meetings, ceremonies, and communication with the general public, parents, applicants, and other program participants. A variety of interpreters may be needed, from American Sign Language interpreters to oral interpreters for people who read lips or special interpreters for deaf-blind persons.

For each type of information, place a check below the auxiliary aids or services currently available to people with hearing or speech disabilities. Place an X below any additional aids or services that may be necessary to provide effective communication of the information. (More than one auxiliary aid or service may be needed for each.)

In this table, columns follow each other in this order: Types of information: interpreters; assistive listening devices; TDD; telephone amplification; notetakers; paper & pen; CART (real time); captioning on films/videos; caption decoder; other.

1. public forum (example): --; X; X; Check Mark; Check Mark; --;

--; X; X; --.

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3. Policies and Procedures on Communication Access

Title II's regulations require that public entities provide people with disabilities an opportunity to request the type of communication technology and assistance they prefer to use. In the ADA regulations, communication technology and assistance are called __auxiliary aids and _services.

An entity must give primary consideration to an individual's preference for an auxiliary aid or service and must honor it unless the entity can provide another _effective means of communication.

A public entity is not required to provide an auxiliary aid or service if it would result in a fundamental alteration to the program or in undue financial or administration burdens.

Does the program inform people with disabilities that communication aids or services are provided upon request? -- Yes -No

If so, please explain. ----

Does the program have a procedure for deciding which auxiliary aid or service to provide? -- Yes -- No

Does the procedure provide for consideration of an individual's preferred aid or service? -- Yes -- No

Does the procedure include a mechanism for determining that an aid or service provided other than the requested aid or service is an effective means of communication? -- Yes -- No

If the answer to any of these three questions is yes, please describe. (For questions answered no, solutions will be addressed in Worksheet 7-3). ----

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B. Telecommunications

1. Telephone Communication

When a public entity communicates with the public by telephone, Title II requires that TDDs or equally effective means the used to communicate with people who have hearing or speech disabilities. Title IV of the ADA mandates that telephone companies develop telephone relay systems, which may be effective for short, uncomplicated communications. Public entities should use TDDs wherever telephone communication is a substantial part of a program's operation. Your answers to the following questions will help you determine whether a TDD may be essential for your program.

Does the program communicate with the public over the telephone? -- Yes -- No

What kind of information is communicated by phone? ----

Are telephone communications ever lengthy, complex, or technical? -- Yes -- No

Does the program have a TDD? -- Yes -- No

If not, solutions will be addressed in Worksheet 7-3.

If so, has the staff been trained in the use of the TDD? -- Yes -- No

Please describe the training. ----

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2. Telephone Emergency Services

If the program provides telephone access to emergency services, the regulations require that direct access (to the same number(s)) be provided to individuals who use TDDs; relying on a relay service is not acceptable.

Does the program provide telephone access to emergency services? -- Yes -- No

If so, does the program provide direct TDD access to the emergency telephone number(s)? -- Yes -- No

If not, solutions will be addressed in Worksheet 7-3.

C. Other Communication

1. Emergency Warning and Evacuation

Emergency evacuation procedures for the program, service, or activity must ensure that people with disabilities are made aware of emergencies and are aware of exit procedures.

Is there a means of ensuring that people who are hard of hearing or deaf are made aware of an activated alarm? -- Yes -- No

If not, solutions will be addressed in Worksheet 7-3.

Is there an established emergency evacuation procedure that addresses the needs of individuals with disabilities? -- Yes -- No

If not, please describe the procedures the program will use in facilities where means of egress are not accessible to provide safety and evacuation for people who cannot use stairs. ----

Do staff members receive training in emergency evacuation procedures? -- Yes -- No

Please describe. ----

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2. Access Information

The Title II regulation requires that public entities ensure that people with disabilities can obtain information about the availability and location of accessible programs, services, activities, and facilities. Information regarding the location of accessible entrances, program sites, TDDs, and other access features can be provided in a number of ways, such as in handbooks and listings.

Explain how the program, service, or activity provides access information to program applicants, participants, parents, and the general public. ----

3. Signage

Title II requires that signs be placed at all inaccessible entrances to each of a public entity's facilities, directing users to an accessible entrance or to a location where information about

accessible facilities can be obtained. The international symbol for accessibility must also be used at each accessible entrance of a facility. Also, where TDD-equipped pay phones or portable TDDs exist, clear signage should be posted indicating the location of the TDD.

Are signs placed at all inaccessible entrances to each of the facilities, directing users to an accessible entrance or to a location where information about accessible facilities can be obtained? -- Yes -- No

Is the international symbol for accessibility posted at each accessible entrance of facilities? -- Yes -- No

Where TDD-equipped pay phones or portable TDDs exist, is clear signage posted indicating the location of the TDD? -- Yes -- No

If the answer to any of these questions is no, solutions will be addressed in Worksheet 7-3.

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Worksheet 7-3

COMMUNICATION SUMMARY AND ACTION PLAN

SCHOOL DISTRICT: ----

WORKSHEET COMPLETED BY: ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

After reviewing Worksheet 7-2, summarize the results of the communication access assessment and identify actions needed to achieve compliance with ADA requirements.

1. Existing Auxiliary Aids and Services

In this empty table, columns follow each other in this order: Summarize currently available auxiliary aids and services. Categorize by need (vision, hearing, speech.: Where are these now available? Within program; Central location; Outside sources (list).

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2. Needed Auxiliary Aids and Services

In this empty table, columns follow each other in this order: Summarize needed auxiliary aids and services to be purchased or contracted. Place an asterisk (*) next to those that will be provided upon request; all others should be available at all times. (Use additional sheets if necessary.): Where might these be provided? Within program; Central location; Outside sources (list).

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3. Primary Consideration

Public entities must give each individual with a disability an opportunity to request the auxiliary aid or service of his or her choice. That choice must be given primary consideration and must be honored unless the entity can demonstrate that another effective means of communication is available or that the auxiliary aid or service requested would result in a fundamental alteration in the program or in undue financial or administrative burdens.

Summarize a standardized process for individuals to express their preferences for a particular type of auxiliary aid or service, and the process to ensure that an effective auxiliary aid or service is provided. ---

4. TDD Communications (Existing and Needed)

List programs that now have TDDs and identify programs for which TDDs should be provided. Identify those programs that provide emergency services for which TDDs will be provided. ----

Summarize plans for training staff in TDD use. ----

5. Emergency Warning Systems

Describe emergency warning systems and procedures, where they are located, and where they will be added or modified. ----

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6. Access Information

Describe how information on access will be communicated to the public, program applicants, participants, and parents, and throughout the school system.

7. Signage

As appropriate, describe how the international symbol for accessibility will be placed at accessible entrances to facilities, and describe how signs will be placed at inaccessible entrances to facilities, directing users to an accessible entrance or to a location where information about accessible facilities can be obtained. As appropriate, describe how signage will be posted indicating the location of TDD-equipped pay phones or portable TDDs.

8. Fundamental Alteration and Undue Burdens

List auxiliary aids or services for effective communications that will not be implemented because to provide them would cause a fundamental alteration to the program or undue financial or administrative burdens. (Use additional sheets if necessary.)

In this empty table, columns follow each other in this order: Program: Description of needed auxiliary aids and services, other communication issues; Cost estimate; Explanation of fundamental alteration OR undue financial or administrative burden.