Accommodations for
the Deaf:
Jon Hopkins
Director, General Services Administration
Amador County, California
October 28, 2007
ACCOMMODATIONS FOR THE DEAF
All my life I have worked for governments; for the last 24 years I have
been employed with a small local California county. My position as an
Administrator allows me the opportunity to be involved in many things.
One in particular is the oversight of complying with Americans with
Disabilities Act. This Act provides protection
against discrimination to
those individuals with disabilities. Although I could write a whole
paper on what the term “disability” means, for this paper I will focus
on regulations and use terms most widely recognized for simplicity of
communication and not debate the political or cultural verbiage. My
direct focus is on the accommodations public entities are required to
provide people who are deaf. My knowledge on this issue is virtually
zero considering our community is small and there has never been a
request to accommodate a person who is deaf to the best of my
knowledge. However, individuals with disabilities affecting hearing,
seeing, speaking, reading, writing, or understanding differ from those
with physical barrier challenges because the barrier is focused around
communication. Communication is critical in our world in order to
improve our development, and especially, to prevent conflict. Many
people whom are deaf may use a variety of different methods to
communicate than those who hear, therefore, the subject is worth
exploring so I may serve the community better and bridge any
communication challenges we may experience in the future.
I.
Regulations
The Rehabilitation Act of 1973 was
historical in that it required state and local governments to ensure
equal access to any programs, services, or activities receiving Federal
financial assistance to persons with disabilities (U.S. Department of
Housing and Urban Development, 2007). The Americans with Disabilities
Act of 1990 took this concept further, not only apply the law to
entities receiving Federal financial assistance, but to all state and
local governments, including those that receive no Federal financial
assistance. ADA also applies to private businesses. ADA has five
separate Federal titles; Title II is the section that applies to public
entities. Title II regulations for state and local governments are
found specifically in Title 28, Code of Federal Regulations, Part 35
(Federal Government, 7/26/91).
II. Accommodations for the
Deaf
Buried in the volumes of regulations
are definitions that lead you to parts of the law that affect the deaf,
however, searching for an outline of those accommodations is mixed
throughout the law and subject to interpretation making definite rules
impossible. However there are definitions, for example, “a qualified
interpreter means an interpreter who is able to interpret effectively,
accurately, and impartially both receptively and expressively, using any
necessary specialized vocabulary” (Federal Government, 7/26/91).
In addition, a public entity must ensure that its communications with
individuals with disabilities are as effective as communications with
others. A public entity is required to make available appropriate
auxiliary aids and services where necessary to ensure effective
communication.
However, does every local government have to provide or arrange for a
sign language interpreter every time staff members deal with people who
are deaf? Sign language interpreters are not required for all
dealings with people who are deaf or hard of hearing. A public entity is
required to make available appropriate auxiliary aids and services where
necessary to ensure effective communication (Federal Government,
7/26/91).
Examples of auxiliary aids and
services that benefit individuals with hearing impairments include
qualified interpreters, note takers, computer-aided transcription
services, written materials, telephone handset amplifiers, assistive
listening systems, telephones compatible with hearing aids, closed
caption decoders, open and closed captioning, telecommunications devices
for deaf persons (TDD's), videotext displays, and exchange of written
notes
Cornell University Law School,
(10/19/07). The type of auxiliary aid or service necessary to ensure
effective communication will vary in accordance with the length and
complexity of the communication involved.
For example, employees can often
communicate with individuals who are deaf through written materials and
exchange of written notes. In many simple transactions, such as paying
bills or filing applications, communications provided through such
simple methods will be as effective as the communications provided to
other individuals in similar transactions. Many transactions, however,
involve more complex or extensive communications than can be provided
through such simple methods and may require the use of qualified
interpreters, assistive listening systems, videotext displays, or other
aids or services. One notable service deserving special recognition is
interpreters. Signing is exhaustive in public meeting environments and
many times interpreters are arranged in teams to switch off due to the
physical and mental demands of signing. Interpreters also provide
conference call bridge services and video remote interpreting (VRI),
(Andrew Metz, personal contact, 2007).
Although a public entity's deaf
programs, services, and activities are required by law to be readily
accessible to and usable by individuals; it is equally important that
practices and policies are applied to ensure communications with the
deaf are both receptively and expressively just as effective as
communications with others.
References
1.
Federal Government,
(7/26/91). Nondiscrimination on the Basis of Disability in State and
Local Government Services. DEPARTMENT OF JUSTICE 28 CFR PART 35,
Retrieved 10/20/07, from http://www.ada.gov/publicat.htm
2.
Federal Government,
(1/13/98). Final Rule. ADA Accessibility Guidelines for State & Local
Government Facilities, Retrieved 10/22/07, from
http://www.access-board.gov/adaag/sl/final.htm
3.
Cornell University
Law School, (10/19/07). Code of Federal Regulations. Legal
Information Institute, Retrieved 10/19/07, from
http://www.law.cornell.edu/cfr/cfr.php?title=34&type=chapter&value=3
4.
U.S. Department of
Housing and Urban Development, (2/17/2007). SECTION 504 FREQUENTLY ASKED
QUESTIONS. People with Disabilities, Retrieved 10/23/07, from
http://www.hud.gov/offices/fheo/disabilities/sect504faq.cfm
5.
Sign Language
Interpreting Services, Personnel Contact, Andrew Metz, desk advocate and
marketing, email
- ametz@hovrs.com
1-877-467-4877 ext. 10022.
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