Americans with Disabilities Act (ADA)
ADA Effective Communication FAQ
Effective Communication Overview
Public Institutions are under Title II of the ADA. These regulations require that communication with students with vision disabilities meet the following criteria:
1. Communication with vision-disabled students should be as effective as communication with students without disabilities.
2. Schools must give primary consideration to the auxiliary aid or service requested by the student with the disability (or their parent/ guardian) when determining what is appropriate for that student.
Communication that is as "effective as means" communication that is the same as those with peers.
"Primary consideration" is given to the student's preferred mode of communicating. "A public school must honor the choice of the student with the disability or appropriate family member." An example would be if a student prefers using electronic media to read, instead, the school provides the student with enlarged paper copy. This would not meet the student's primary preference.
The exception to not providing the student's primary consideration is when the school can demonstrate that the student's primary consideration cannot be met because it:
1. Significantly alters the nature of the service, program or activity, or
2. It is an undue financial or administrative burden
Nevertheless, the school is still obligated to provide an effective auxiliary aid or service that would meet the student's need in an equal manner to their primary choice. To clarify the student's communication preferences, parents and the student should document how the student accesses information and communicates with teachers and peers in an effective communication plan. Suppose the school denies a student their primary mode of communicating. In that case, it is helpful to have the denial provided to the parents in writing. The refusal should meet one of the two criteria listed above and explain how the school's alternative mode of communication will meet the student's needs equally.
An auxiliary aid or service for BVI students can be any assistive technology (screen-readers, braille displays, braille materials, Apps, electronic texts, a qualified reader, scribe, or a note-taker).
The FAQ specifies the factors that school teams should consider when making effective communication determinations. These are:
1. The nature, length, and complexity of the communication.
2. The context in which the communication is taking place.
3. The number of persons involved in the communication.
4. The length of time of the communication.
5. Is the information complex, technical, extensive, or emotionally charged?
6. Has the situation changed or evolved over time?
Title II applies to all communications, including those with peers, coaches, and school administrators. For example, if a student with low vision is working in a group, it would be inappropriate for the group assignment to be "Create a poster," if the student cannot see the components of the poster on paper. The teacher can assign an e-poster project to the group so the student can participate fully and equally by accessing electronic media. It would be inappropriate for the teacher to assign the student an individual assignment that isolates them from group work.
"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."
The team should clearly determine which accessible formats meet the student's primary consideration. This definition might change according to the subject matter, context, or number of persons. For example, a dual media learner might prefer to read at their desk using electronic text yet choose to give presentations using Braille to simulate "eye contact" with the audience. These choices in format are best documented in an Effective Communication Plan so materials, devices can be ready for the task.
An auxiliary aid or service should be provided as soon as possible after the student has made the request. For example, adapted class materials should be provided in a timely manner or at same time as peers. If peers are provided a math handout, the BVI student should be given a handout in accessible format at the same time so that they can participate in the class.
Protecting the privacy and independence of the individual with a disability is best discussed beforehand. For example, suppose a teacher is demonstrating to the class and says, "See how this chemical reacts with this one." The student would prefer not to announce to the whole class that they cannot follow. The student and teacher can determine a private hand gesture to let the teacher know to use descriptive language.
Private hand gestures.
To be independent, a student may request the ability to record a lecture as an aid to note-taking instead of using a human note-taker. The latter is less private and makes them reliant on another person's judgment of what is essential. The school should honor requests that help the student be less reliant on personnel.
Title II regulations are not limited to students; these are also applicable to parents of students who wish to participate in school activities, such as parent-teacher conferences. Title II regulations do not require a student to have an IEP. Title II does not designate a particular person or process to follow to obtain auxiliary aids or services from a school. Districts are free to select personnel and develop a method to fulfill Title II requests.
"As a best practice, schools should consult with the parent or guardian (and students, as appropriate) at the first opportunity regarding what auxiliary aids or services are appropriate and update information about these preferences at least every year or whenever the parent or guardian requests a change. Nothing prevents the parent, guardian, or student from specifically requesting a particular auxiliary aid or service if not so consulted."
The FAQ recommends updating the student's preferences yearly. At times, new subjects or tasks arise during the school year, and the student's preferences will need updating. Example: Environmental Science class will be conducting field experiments outside, and hands-free note-taking technology is necessary for the student to function independently. The preferences could be updated to include hands-free note-taking technology, so the student does not have to rely on a paraprofessional or partner to take notes. It is good practice to use the annual IEP time to review the student's preferences. Student primary considerations will be dynamic because the student will develop new skills throughout the year, and coursework will necessitate new solutions. It is best practice for the school team to add the preferences to the IEP in the accommodations section or addendum if the effective communication plan is formatted differently.
Private Entities (Private Schools) are under Title III of the ADA
The main difference between private institutions versus public institutions is that they are encouraged to honor the student's primary consideration for communication. Instead of "must provide" they are "encouraged" to provide.