Dear *****:

On February 18 (09-99-2078), March 10

(09-99-2095) and March 22, 1999 (09-99-2104), the

U.S. Department of Education, Office for Civil Rights

(OCR) received complaints from students who are

Deaf and who attend Mesa College (College) at San

Diego Community College District (District). They

complained that during Fall 1998, the District failed to

provide sign language interpreters for courses such as

woodworking and racquetball, and for some other

courses.

Both Section 504 of the Rehabilitation Act of 1973 and

Title II of the Americans with Disabilities Act of

1990, respectively, require the District, because it is a

recipient of federal funds and because it is a public

entity, to provide reasonable accommodation to

students with disabilities. Moreover, Title II requires a

public college to provide students who are Deaf with

communication that is "as effective as" communication

provided to non-disabled students and (when

providing accommodation) to give primary

consideration to the request of the individual with a

disability [28 C.F.R. 35.160)]. The Americans with

Disabilities Act of 1990 has been one of several

factors that has resulted in greater numbers of students

who are Deaf attending "mainstream" post-secondary

institutions (post-secondary institutions whose primary

student population is hearing).

This letter is organized to initially introduce two types

of accommodations (sign language interpreters and

steno-interpreting, also known as realtime captioning)

most commonly used to provide effective

communication in the classroom to students who are

Deaf. The second portion of this letter describes steps

taken by the District to address its own critical

shortage of sign language interpreters. Finally, this

letter highlights certain District processes which OCR

found to be a best practice in those situations when

educational institutions find that, despite all efforts,

resources beyond the institution's control are not

sufficient to meet the needs of their students with

disabilities.

Introduction to Sign Language and Steno-Interpretation

Because students who are Deaf cannot hear

information transmitted through an auditory medium,

such as speaking, methods of communicating through

visual signs (primarily using hand gestures and facial

expressions) have developed. Sign language

interpreters are hearing persons who listen to spoken

words and "translate" the contents into a visual sign

language (and vice versa), so that a person who is

using a spoken language may communicate with

someone who does not use the auditory medium for

information. There are many types of sign language,

ranging from individualized sign languages that are

highly personal to a particular Deaf person, to widely

used sign languages commonly known in the Deaf

community, such as American Sign Language. There

are many philosophies about which sign language is

"preferable." This letter will not be discussing those

philosophies, but it is important to know that a sign

language interpreter who is proficient in one type of

sign language may not be understood by a Deaf student

who uses a different sign language. In general it is

more difficult to obtain sign language interpreters for

sign languages that are used by a smaller portion of the

Deaf community.

Colleges and interpreters report to OCR that another

factor affecting the availability of sign language

interpreters is increased awareness by interpreters of

the dangers of carpal tunnel syndrome due to their

performing repeated hand motions in an uplifted

position for a sustained period of time. Today most

sign language interpreters working for multiple hours

want to pair or "team" with another sign language

interpreter so that both of them can alternate with each

other, allowing for breaks. This means that a three hour

lecture course may require two sign language

interpreters for a single Deaf student. Unfortunately,

when there is a shortage of sign language interpreters

in the academic world, the interpreters who are there

may find themselves working in "at-risk" conditions,

signing without breaks for longer periods than carpal

tunnel syndrome specialists recommend.

In the last ten years steno-interpreting (or realtime

captioning) has become increasingly popular in

academic institutions. Steno-interpreting involves a

hearing person who listens to spoken words while

typing on a machine to create a written verbatim

transcript of what is being spoken (e.g., by the

instructor). Simultaneous to the spoken word, this

written transcript usually appears either on a large

screen that can be read on the classroom wall or on a

computer monitor that sits on the Deaf student's desk.

Ordinarily, the steno-interpreter thereafter prepares a

hardcopy written transcript which is more accurate

than the text that appeared on the screen simultaneous

to the spoken word. This hardcopy text may substitute

for the handwritten notes that students who are Deaf

are frequently unable to take themselves during the

instructor's lecture. Unlike hearing students, students

who are Deaf must keep their eyes fixed on the

steno-interpreting screen (or sign language interpreter)

and cannot look down at their desks to write notes,

whereas nondisabled students can write while still

hearing the instructor's voice.

When comparing sign language interpreters to

steno-interpreters, some Deaf students report to OCR

that they prefer sign language interpreters over

steno-interpreters. Not all the reasons given by Deaf

students for this preference are related to effective

communication in the classroom. Based on years of

working directly with students who are Deaf, sign

language interpreters have traditionally been uniquely

effective in assisting Deaf students to succeed in the

hearing world of mainstream colleges. It is important

that post-secondary institutions appreciate the

importance of the informal role of interpreters outside

the classroom as advocates, tutors, and friends in an

environment where Deaf students may have limited

opportunity to interact with their hearing classmates

who do not know sign language. In contrast to the

highly interactive relationship-oriented service

provided by sign language interpreters,

steno-interpreting technology has recently developed

the capacity to provide a written screen translation to a

student who is in the classroom with the lecturer,

while the steno-interpreter is located many miles

away, listening to the lecturer over a telephone wire

and transmitting the contents of the written text by

modem to the student's desk computer in the classroom.

Recently, new technology (e.g., VisionLink) appears to

be making it possible for sign language interpreters,

via computers specially equipped with video cameras,

to be situated off-campus while interpreting to the Deaf

student in the classroom.

Training/Qualifications for Interpreters (both types)

In general, learning to be a steno-interpreter takes

significantly less time than becoming a proficient sign

language interpreter. Because even the fastest typist

(average 120 words/minute) cannot keep up with the

average speaker (average 200 words/minute),

steno-interpreters develop a shorthand method of

inputting words into their machine. This method is

taught at court reporting schools, which are a primary

source for providing steno-interpreters used by

academic institutions in the classroom. (Becoming a

certified court reporter usually takes several years.

Thus, those in court reporting schools may opt to work

as steno-interpreters in an academic setting while

continuing to progress toward, or even in lieu of,

becoming certified court reporters.) Short of

certification as a court reporter, there are no national

or state standards regarding qualifications to work as a

steno-interpreter in an academic setting. Consequently,

students sometimes report that there are so many

illegible words in the simultaneous screen translation

that they are unable to follow the lecture. This is

particularly true when the lecture involves technical

terms unfamiliar to the steno-interpreter who has not

had time to adequately prepare.

In contrast to the relative prevalence of court reporting

programs, there are only about 100 sign language

interpreter training programs in the United States.

Moreover, most states, including California, lack

licensing programs for sign language interpreters. The

majority of interpreters working at California colleges

are not certified by a national or state licensing board,

e.g., fewer than one fourth of the 100 sign language

interpreters employed by California State University at

Northridge (CSUN) are certified by the national

Registry of Interpreters for the Deaf (RID). This means

that in many instances there has been no standardized

evaluation of the interpreter's skill level prior to

course assignment. (OCR notes that the District has its

own internally developed system for evaluating its

interpreters.)

Furthermore, there is ordinarily no system for ensuring

sign language interpreters have expertise in the

technical vocabulary of the particular subject matter of

the course to which they are assigned. Students who

are Deaf sometimes report that they are frustrated at

the discrepancies between the assigned sign language

interpreter's skills and the rigorous demands of

post-secondary academic courses, a discrepancy

which often places the Deaf student at a serious

disadvantage when compared to his/her hearing

classroom peers. On the other hand, some qualified

interpreters state that in light of the many years of

training required to become sign language proficient,

the average hourly wage paid by colleges is

inadequate, especially when compared to the wages

offered sign language interpreters in other fields, e.g.,

courtrooms.

Steno-Interpretation and English Literacy

For many reasons, academic institutions are

increasingly considering steno-interpreting for use in

the classroom with students who are Deaf. This

practice is raising new issues, particularly with regard

to Deaf students not proficient in English. Experts on

Deafness have identified to OCR the published

research regarding the impact of prelingual deafness

on the ability of a child to subsequently learn a

language (any language). Specifically, when a child is

born deaf to hearing parents (who usually are not sign

language proficient), often s/he is not exposed to a

language (any language) during the developmentally

critical first few years of life, a time when hearing

children are surrounded by a spoken language. This

failure to be exposed in the early years to any kind of

language is thought by some educational experts to

substantially impair the child's subsequent ability to

ever learn a language. (By comparison, linguistics

experts point out that students seeking to learn English

as a Second Language usually have had the benefit of

exposure to a primary language in the early years.)

Aside from the special issues raised by prelingual

Deafness, regardless of when Deafness is acquired,

educational experts report to OCR that one who is

attempting to become proficient in English is generally

at a disadvantage if s/he does not have access to the

sound of phonetics when learning to read. Finally,

when considering the issue of English proficiency and

Deafness, it is important to note that persons who are

Deaf are usually exposed less frequently to the English

language on a day to day basis than are hearing

persons, who often have the opportunity to be totally

immersed in an environment whose primary language

of communication is English.

Because steno-interpretation relies upon translation

into written English as the method of accommodation,

advocates in the Deaf community maintain that a

student's poor English literacy skills should be taken

into account when determining whether

steno-interpreting is appropriate as an accommodation

to a student who is Deaf. Another consideration when

determining appropriateness of the accommodation is

the suggestion by educational experts that increased

exposure to written English, as is provided by

steno-interpreting, will support Deaf students'

acquisition of the increasingly complex vocabulary that

characterizes post-secondary curriculum, especially as

students move into four year universities and graduate

programs.

Another relevant factor when determining whether sign

language interpretation or steno-interpretation is

appropriate, are any other disabilities of the student

who is Deaf. For instance, as is true in the hearing

community, the Deaf community may be expected to

have its share of persons with visual learning

disabilities, which also should be considered in

determining whether steno-interpreting is a reasonable

accommodation, e.g., when a Deaf student's dyslexia

prevents him/her from keeping up with the pace of

reading required by a steno-interpreter.

The Problem: Fall 1998 Shortage in Sign Language

Interpreters

The District in this matter has three campuses and

approximately 175 students who are Deaf, most of

whom are enrolled at either Mesa College (College)

or the Continuing Education Center. This significant

number of Deaf students in part reflects the District's

long history of, and commitment to, serving students

who are Deaf. In Fall 1998 for several reasons, the

District experienced a critical shortage in the

availability of sign language interpreters. A shortage of

sign language interpreters was similarly experienced

by some other post-secondary institutions in southern

California. For example, the Los Angeles Times

reported on March 29, 1999, that another southern

California educational institution was experiencing a

crisis in its ability to serve its students who are Deaf,

namely, the California State University at Northridge

(CSUN), which houses the National Center for the

Deaf (serving more than 250 Deaf students) and which

nationally has the second largest Deaf community

among "mainstream" universities.

Steps Taken by District to Resolve Problem (Best

Practices in Process)

The District engaged in a multiple step approach to

resolving the problems raised by its shortage of sign

language interpreters. OCR commends the District for

engaging in a process well calculated to address this

shortage. The process included a sound factual

evaluation of the factors contributing to the problem,

the input of qualified disability experts, and

participation by the affected community of disabled

students. As such, the District's actions represent a best

practices model useful to any educational institution

faced with a discrepancy between resources available

and the needs of its students with disabilities.

1) Self-Evaluation including staff, students,

interpreters, instructors

On October 1, 1998, the College's Section 504 Officer

received a large packet of complaints from 15 students

related to interpreter issues. According to her report,

after determining that the students were eligible for

services on the stated dates, she found that among the

complaints were 30 complaints that an interpreter did

not show, 8 complaints that an interpreter was late, 7

complaints that the changing of interpreters all the time

was extremely confusing, 3 complaints that the level of

the interpreter was not sufficient for the level of the

class, and 2 complaints about the inability to contact

the office for interpreting services. Following an

internal review of the complaints, she concluded that:

"Overall, an average of 92.3% of all requests for

interpreters were met. Reviewing the reasons for the

absence of interpreters, the following situations were

documented: 1) Prior to the beginning of the semester,

one 30 hr/wk contract interpreter, three 30 hr/wk

hourly interpreters and one 15 hr/wk hourly

interpreter, did not return. 2) During the semester, due

to illness and a family emergency, a total of four other

interpreters were out for various lengths of time. 3)

Outside sign language interpreter referral agencies

were unable to fill the vacancies. After contacting

other colleges in the area, it was apparent that the

[District] differ[s] from these schools in two very

important areas. First, compared to other community

colleges, there is a significantly larger (three to four

times larger) deaf population at [District] campuses.

Secondly, unlike [a nearby University] only a small

number of students enrolled at the campuses of [the

District] are able to take advantage of the real time

captioning option. These two factors contribute to [the

District's] need for a larger number of interpreting

hours." (The Section 504 Officer did not explain in her

report why the College's students were not "able" to

take advantage of steno-interpreting.)

In her report signed November 2, 1998, the College's

Section 504 Coordinator made several

recommendations, including the hiring of an Interpreter

Coordinator and a full-time clerical person, as well as

hiring more interpreters. Of particular interest to OCR

was her recommendation that "Students with the

necessary skills to benefit from real time captioning

should have this option explained to them at the

beginning of the semester as part of their orientation."

She also recommended that because interpreter

personnel problems adversely affected the students, an

outside agency should evaluate the current program.

2) Outside Experts Consulted

Pursuant to the foregoing Section 504 Officer's

recommendation, the District contracted with the

Western Region Outreach Center and Consortia

(WROCC) of the National Center on Deafness at

California State University, Northridge, to conduct an

"Interpreting Services Review" by a team of experts.

This review occurred on January 11-13, 1999, and the

results were written up in a report completed February

22, 1999. The WROCC commended the District on its

"reputation [for] having a quality program that allows

students who are deaf and hard of hearing full access

to the district and its programs and services. It has an

infrastructure that evidences a well thought through

delivery system. Already in place are procedures and

forms to ensure a smooth running operation. Examples

include: Interpreter handbooks, student policies for

obtaining services and advisement, letters to inform

faculty that will have deaf or hard of hearing students

in class."

However, in light of the District's crisis with regard to

providing sign language interpreter services, the

WROCC report recommended that an Interpreter