My 11-year-old daughter is very HOH [hard of hearing]. We use [American sign language] ASL at home and she is in a deaf education program at school. The school district she is enrolled in just denied my request for an interpreter for an evening performance of a play sponsored by the drama club.What is the law regarding interpreters after school?They said, "The cost of the interpreter would exceed the drama club's anticipated receipts and place upon them an undue burden. Therefore, we have determined the hiring of an interpreter to be cost prohibitive...
Section 504 and Interpreters for After School Activities
Section 504 of the Rehabilitation Act of 1973, as amended, stipulates that programs and activities receiving federal funds from the U.S. Department of Education cannot discriminate. Furthermore, the Department of Education's definition of a free appropriate public education (FAPE) states:Students with disabilities may not be excluded from participating in nonacademic services and extracurricular activities on the basis of disability. Persons with disabilities must be provided an opportunity to participate in nonacademic services that is equal to that provided to persons without disabilities. These services may include physical education and recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school...A key case regarding interpreters in public schools is Rothschild v. Grottenthaler, a case where deaf parents of hearing children asked for interpreters at events such as back-to-school nights. The court ruled that under section 504, the school had to provide interpreters for access to parent-oriented conferences and events related to their children's academic and disciplinary progress.
Americans With Disabilities Act (ADA) and Interpreters in Schools
Title II of the ADA covers programs, activities, and services provided by public entities. Public entities includes public schools. It requires the removal of communication barriers and the provision of appropriate auxiliary aids and services (including interpreters).Title II and Undue Burden
What about the undue burden argument? Title II of the ADA has an "undue burden" provision that state and local governments are not required to take actions (e.g., interpreter services) that would result in undue financial and administrative burdens. The determination of an undue burden must be made by the head of the public entity (school), AND all resources of the public entity (school) available to fund the activity must be considered. Plus, if there is in fact an undue burden, the school is still not relieved of its obligation to provide access; it must take any other action that would not result in an undue burden.
Suggestions from About.com Readers
An About.com reader, Debbie, had more suggestions:"I was once in a similar position dealing with the graduation of my hearing son in asking for an interpreter for the commencement. Long story, but call your local deaf center and tell them what happened to you. They are advocates and will contact the District and explain ADA procedures and what happens if they are not followed by the District.
You can also go to the highest person in the District (Superintendent)[and] discuss this issue with him/her...Depending on how that meeting goes deliver a hand-written letter requesting an interpreter...
Also, consider contacting an ADA hotline if you need to. Mention filing a complaint with the Office of Civil Rights (OCR)...This will usually get their attention in a big way.
Usually in the [Individual Education Plan] IEP, it mentions the child being afforded the same access as non-disabled peers. This event applies. It doesn’t even have to be in the IEP. If this is offered to the public, it is the law and especially if held on school grounds the district is responsible for providing [an] interpreter and 'effective communication' by law."
However, another reader, Tracey, felt it should be in the IEP. Tracey wrote:
"...The very first step is to call an emergency IEP meeting. Type out all your concerns (this will overwhelm them and show you are serious). I had a list of nine things: some were school-sponsored extracurricular activities...I took copies of ADA IDEA and 504 which you can get through your state’s [Department of Education]..."
Bottom Line - Interpreters at After School Events
The bottom line is that the law is clear. A public school cannot arbitrarily deny a deaf child or a parent of a deaf child, an interpreter for an after school event or activity. Even if the school truly cannot afford an interpreter, the school must provide some means of accommodation.
Sources:
Protecting Students with Disabilities, U.S. Department of Education
Free Appropriate Public Education Under Section 504, U.S. Department of Education
ADA Hearing Obligations: Public Schools
National Association of the Deaf: Public Schools
AltLaw: Rothschild v. Grottenhaler
Title III Highlights
Title II Highlights
Common Questions About Title II of the ADA
