The district is committed to ensuring that all district-sponsored programs, activities, meetings and services will be accessible to individuals with disabilities, including persons who have impaired hearing, vision or speech. This procedure is intended to assist the district in taking appropriate steps to ensure that, related to such programs, activities, meetings or services, any communication with students, families, applicants, participants, members of the public and their companions with disabilities are as effective as communications with persons who have no disabilities. There is no fee or charge for the district to provide appropriate auxiliary aids or services.
Requesting Communication Aids or Services for a Program, Activity or Event
Individuals who may need an auxiliary aid or service to participate in and enjoy the benefits of a program, activity, meeting or event should contact the school or district office as soon as possible and no later than forty-eight (48) hours before a scheduled program or activity so necessary arrangements can be made. The district will make reasonable efforts to accommodate any requests made less than forty-eight (48) hours in advance of a program, activity, meeting or event. For auxiliary aids or services specifically during a meeting of the board of directors, the request should be made directly to the superintendent’s office.
The district’s website provides information on how to request auxiliary aids and services, ask related questions or raise concerns. This information may be found at: www.cloverpark.k12.wa.us.
If a person with a disability cannot access this format, this information will also be provided in an accessible format when necessary and upon request.
A form for requesting auxiliary aids and services is on the district website. While it is not required that this form be used to make such a request, this written form will minimize miscommunication and help district staff understand the specific auxiliary aids or services being requested. District staff will also assist a requestor in filling out this form, when necessary. A copy of the form is attached to this procedure as an appendix.
Determining an Appropriate Auxiliary Aid or Service
When the district provides an auxiliary aid or service necessary to ensure effective communication, the aid or service must be provided in an accessible format, in a timely manner, and in a way to protect the privacy and independence of any person with a disability. Determining an appropriate auxiliary aid or service must be individualized and made on a case-by-case basis, considering the communication used by the person with a disability; the nature, length and complexity of the communication involved; the content and context in which the communication is taking place; the number of people involved in the communication; and the expected or actual length of time of the interaction(s). During this process, district or school staff will give primary consideration to the auxiliary aid or service specifically requested by the person with a disability. “Primary consideration” means district staff will provide an opportunity for the person with the disability (or an appropriate family member) to request the aid or service he/she thinks is needed to provide effective communication.
District or school staff will honor the choice of the person with a disability unless the district:
- Or school can prove that an alternative auxiliary aid or service provides communication that is equally as effective as communication provided to a student without a disability; or
- Determines that such aid or service would result in a fundamental alteration in the nature of the service, program or activity, or would result in an undue financial and administrative burden to the district.
If the district refuses to provide a particular auxiliary aid or service for the reasons stated in number (2) above, such determination must be made by the superintendent or superintendent’s designee who has the authority to make budgetary and spending decisions, after considering all resources available for use by the district in the funding and operation of the service, program or activity. This determination must be issued in writing with the reasons for concluding that a requested auxiliary aid or service would cause such alteration or burden. Nevertheless, district staff must take other steps that would not result in such an alteration or burden, but would still ensure, to the maximum extent possible, the individual with a hearing, vision or speech disability can participate in and receive the benefits or services provided by the district’s program or activity.
If the district provides an auxiliary aid or service that is different than what is requested by the individual with a disability, district staff will make a reasonable effort to provide notice to the requester in advance of the program, activity, meeting or activity.
The district recognizes that communication and circumstances can change or evolve over time. If the communication with the person with a disability takes place over an extended period of time, the district or school should reassess the effectiveness of communications and seek regular feedback from the person with a disability.
The district will determine an appropriate auxiliary aid or service as soon as possible following a request by a person with a disability, and will likewise provide the auxiliary aid or service as soon as practicable. District or school personnel working with the person with a disability (or an appropriate family member) will keep that person informed of when the auxiliary aid or service will be provided.
For purposes of this policy, a “qualified interpreter” means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include sign language interpreters, oral transliterators and cured-language transliterators. Interpreters certified to provide interpretation in court proceedings or during the delivery of health services are presumptively qualified to provide such services.
Title II of the Americans with Disabilities Act expressly prohibits the school or district from requiring an individual with a disability to bring another person to interpret for him or her. The district is prohibited from relying upon a person who accompanies a child or adult with a hearing, vision or speech disability to interpret or facilitate communication except under two circumstances:
- In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available, the school or the district may ask either a minor child or an adult to interpret or facilitate communication. In no other circumstances will the school or the district rely on a minor child to interpret or facilitate communication with a person with a disability.
- Where the individual with the hearing, vision or speech disability specifically makes the request, an accompanying adult may interpret or facilitate communication if the accompanying adult agrees to provide the assistance and the school’s reliance on the accompanying adult is appropriate under the circumstances.
Complaints and Compliance
The district has an ADA Coordinator who monitor’s the district’s obligations and compliance with Title II, and who is charged with investigating complaints of disability discrimination. Informal or formal complaints of disability discrimination should be made pursuant to the processes contained in Procedure 3210-P1, Nondiscrimination. Questions and concerns relating to communication with persons with hearing, vision and/or speech disabilities may be directed to:
Doug Kernutt, ADA Coordinator for Title II
Clover Park School District
10903 Gravelly Lake Dr SW
Lakewood, WA 98499-1341