Including these services makes it possible for a Deaf person to be gainfully employed in an environment where communcations may have been a barrier before. It allows customers to shop, patients to participate in their health care, and allows all citizens to have equal access to the court system with the same understanding and voice. The things a business may need to consider when implementing some of these changes are things like seating and lighting if signing interpreters are being used, audio and visual technology if special close captioned or TTY communications systems are being employed, and the cost of implementing these changes. It is important that businesses understand that it is illegal to charge for the use of any of these public accommodations under Title III of ADA: "A public accommodation may not impose a surcharge on a particular individual with a disability…to cover the cost of measures, such as the provision of auxiliary aids…that are required to provide that individual… with the nondiscriminatory treatment required by the Act or this part. 28 C.F.R.36.301(c)" However, the cost of certain accommodations such as interpreters and other auxiliary aids may qualify a business for income tax credit under IRS guidelines.
EDUCATION
There was a time when the deaf citizens were simply deprived of any formal education. They were not able to hear or speak orally, so therefore they could not learn in conventional settings. When the first U.S. school for the Deaf was formed in 1817 by Thomas Gallaudet and Laurent Clerc, there seemed to be hope. However, access to the same educational opportunities as the hearing community were still far from reached. In fact, schools for deaf students were discouraged from, and in some cases forbidden to teach and use sign language in the latter part of the nineteenth century during what were known as the introduction of "oralism" or the "oralist method" of assimilating deaf individuals into mainstream society.The Individuals with Disabilities Education Act, (IDEA), which in essence is a modified, more modern version of the 1975 Public Law 94-142 (Education of All Handicapped Children Act), is somewhat controversial in that it stipulates that Deaf students, (or any student with a disability), are to be placed in the "Least Restrictive Environment". Some have interpreted this to mean moving them into mainstream classrooms with minimal barriers, making learning experiences as identical to those as hearing students. However, others have argued that "least restrictive environment" for a Deaf student would mean an environment with ASL being used as a primary means of communications, more visual learning tools, guarantees of things such as accommodations for things such as visual alarm systems and signals, and peer interaction with other Deaf students. Since advocates of this type of environment argue that Deaf Culture, not just Deaf people, are the issue here, "least restrictive" means much more than simply trying to make people with audiological impairments "normal" by the standards set forth by the hearing public. According to the National Education Association web site, IDEA provides for:
"Access-Assuring that student with disabilities have access to the general education curriculum and appropriate general education classes Discipline-Assuring that there are alternative placement options for dangerous students so they can continue their education without hampering the education of other students Assessment- Assuring the accurate and appropriate assessment of the academic achievement of students with disabilities." From NEA website. For this reason, many people believe that a separate, Deaf school is the "Least Restrictive Environment" for Deaf students to learn in.
Access to Public Schools, and all of their activities, must be open to Deaf students, or to Deaf parents or family members of hearing students. For this reason, the laws that apply to public schools not only apply to classroom settings, but also to extra curricular activities, parent/teacher conferences, PTA an other related function, and any other activity that may include a Deaf family member including graduation ceremonies and special assemblies. For the most part, the same kinds of conditions that apply to employers and places of business under the Americans with Disabilities Act apply in school settings. One key factor is that since not all Deaf persons have the same needs, there is no blanket rule for how accommodations are provided. Since some may need sign interpreters for lecture classes, but others may not use ASL at all, two different students may have totally different needs. For this reason, defining and identifying appropriate and adequate accommodations can be challenging, and must be done on a case by case basis. The law provides for this, and makes allowances for things such as computerized text message display terminals, sign interpreters, visual flashing alarms where audio alarms may otherwise be used alone, and other auxiliary aids and services which may be necessary in order to provide equal opportunity to participate in and enjoy the benefits of, a service, program, or activity conducted by the public school. As with accommodations made in the workplace, no fees can be charged to the student or family for these necessary accommodations. Because the terms of the accommodations are not the same as with employment, where employers are exempt from making changes to accommodate if it poses undue hardship or expense, I found nothing in the verbiage of the laws regarding access to education that would give school systems the same kind of leverage if they wanted to deny a student access to service claiming that it would be financially burdensome.
