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Legal Responsibilities
 Questions
 Answers
- How does the ADA impact students in college?
The Americans with Disabilities Act is a federal law intended to stop discrimination against people with disabilities. It applies to employers, state and local government agencies, places of public accommodation, transportation facilities, telephone companies, and the U.S. Congress. Under Title II of the ADA, public colleges and universities are required to provide auxiliary aids and services to qualified students with disabilities. Providing auxiliary aids and services is not considered special treatment, but rather an equal opportunity to participate in the services, programs, or activities offered by the institution.
 
- Do private colleges have to provide interpreters?
Private colleges must provide access to students with disabilities. According to the Rehabilitation Act of 1973 (as amended through 1998), “no otherwise qualified individual with a disability in the United States, as defined in Section7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity conducted by any Executive agency.” The Americans with Disabilities Act also supports the requirement that both private and public educational institutions must be accessible for persons with disabilities. Sharaine J. Rawlinson and Jeanne M. Kincaid (in Americans with Disabilities Act: Responsibilities for Postsecondary Institutions Serving Deaf and Hard of Hearing Students, 2nd Edition, ) state that “a private institution . . . must provide interpreting services if such is necessary to enable the student to access educational opportunities” (p. 15).
- Can you suspend the interpreter if the student doesn't show up for class?
A university or college “may impose reasonable conditions upon student access to and usage of accommodations,” according to Rawlinson and Kincaid (p. 15). The conditions for suspension of an interpreter must be necessary and reasonable, documented clearly in written form, and reviewed by the student who is deaf/hard of hearing before receiving interpreting services. Rawlinson and Kincaid also suggest the development of a written statement that asks for the student’s signature, acknowledging the consequences of these unmet conditions. The college should provide the opportunity - if necessary - for the student to grieve the suspension.
- What is the role/responsibility of vocational/technical programs (less than two years) in providing accommodations?
The ADA states that any public accommodation, which includes all places of education, must provide auxiliary aids and services. This includes sign language interpreters, notetakers, television decoders for closed captioning, assistive listening devices and headsets, and telecommunication devices (TTYs or TDDs). Vocational/technical programs have the same level of responsibility as other postsecondary institutions.
- Am I required to provide both an interpreter and a real-time captionist?
According to Rawlinson and Kincaid, providing both an interpreter and a captionist would be justified “in only the most extraordinary circumstances” (p. 25). The ADA does not require that the student be given every accommodation that exists. It is, however, common practice for a student who is deaf to have both a notetaker and an interpreter so that the s/he can focus on the interpreter without missing interpreted information by looking down at his/her notes.
Get to know the student and understand his/her degree of hearing loss and communication preferences. Ongoing communication with the student is important as well. Be sure to regularly assess whether or not the primary accommodation provided is effective.
- Do I have to provide communication accommodations for out-of-class activities?
The general rule is that any out-of-class activity should be made accessible, as long as it is sponsored by the college or university for whom you work.
- An adult who is deaf is taking a photography class through the local technical institute. The technical institute said that since iti is not an academic course, the school does not have to pay for interpreting services. The individual paid for the class; does he have to also pay for the interpreter?
The student who is deaf pays the course fee (like all students in the class), and the institution is responsible for providing any accommodations. Students who are deaf and enroll in community education programs (like this photography class) are not responsible for providing their own interpreters. It does not matter that it is not an academic class. Since this is a course that is open to anyone in the community, it needs to be accessible for people with disabilities. Even if the course is being offered for free, classes that are sponsored by the institution or held on the property of the institution must be accessible, and the technical institute is responsible for this. It would not be unusual for the technical institute to consult with local educational programs or other community agencies to locate possible interpreters; however, it is the technical institute’s responsibility to make sure the serve is provided (i.e., pay for it).
Postsecondary Education Consortium
Center on Deafness
Claxton Complex A508
The University of Tennessee
Knoxville, TN 37996-3454
(865) 974-0607 (v/tdd)
(865) 974-3522 (fax)
E-mail address: pec@utk.edu
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