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

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.