Communications requirements

The agency must take appropriate steps to ensure effective communication so people with and without disabilities can participate equally. This means the agency must identify and provide the methods, formats, or services needed to make its information and services accessible to applicants, participants, staff of other Federal entities, and members of the public. See 2205.160(a) for the requirement.

The agency must provide appropriate auxiliary aids when necessary to give an individual with a disability an equal opportunity to participate in and enjoy the benefits of an agency program or activity. Auxiliary aids include services or devices (like sign language interpreters or captioning) that ensure effective communication with people who have disabilities. See 2205.160(a)(1).

The agency should give primary consideration to the auxiliary aid requested by the individual with a disability. This means the agency should generally honor the individual's stated choice of aid or service unless doing so would create a fundamental alteration or undue burden. See 2205.160(a)(1)(i).

No, the agency is not required to provide individually prescribed devices, readers for personal use or study, or other items of a strictly personal nature. The agency must provide auxiliary aids needed for participation, but it does not have to supply personal-use equipment. See 2205.160(a)(1)(ii).

When communicating by telephone, the agency must use TDDs (text telephone devices) or equally effective telecommunications systems to communicate with applicants and beneficiaries who are deaf or hard-of-hearing. This ensures telephone communications are accessible. See 2205.160(a)(2).

The agency must ensure that interested persons, including those with impaired vision or hearing, can obtain information about the existence and location of accessible services, activities, and facilities. This can include providing materials in accessible formats or through accessible communication channels so that those with vision or hearing impairments can learn where to find services. See 2205.160(b).

At a primary entrance to each inaccessible facility, the agency must provide signage directing users to a location where they can obtain information about accessible facilities. The sign should clearly tell visitors how and where to get information about accessible alternatives. See 2205.160(c).

The agency must use the international symbol for accessibility at each primary entrance of an accessible facility. This symbol identifies entrances that are accessible to persons with disabilities. See 2205.160(c).

The agency may decline to take an action if it can demonstrate the action would result in a fundamental alteration of the program or activity or would create undue financial and administrative burdens. The agency bears the burden of proving that compliance would cause such an alteration or burden. See 2205.160(d).

The decision that compliance would result in a fundamental alteration or undue burden must be made by the Chairman or his or her designee and must include a written statement explaining the reasons. This ensures a high-level review and a documented justification. See 2205.160(d).

If the agency demonstrates that a required action would fundamentally alter the program or cause undue burdens, it must take any other actions that would not cause such alteration or burdens but would, to the maximum extent possible, ensure individuals with disabilities receive the benefits and services of the program. In short, the agency must provide alternative measures that still maximize access. See 2205.160(d).

Yes, but only in limited circumstances; the agency should give primary consideration to the individual's requested auxiliary aid and typically provide it. The agency may substitute a different aid only if honoring the individual's choice would cause a fundamental alteration or undue burden as described in 2205.160(d). See 2205.160(a)(1)(i).

The agency must ensure people can obtain information about accessible services and must post signage at the primary entrance of inaccessible facilities directing users to where they can get that information. Practically, the agency should provide clear signs at the entrance and accessible alternatives (for example, a phone number, TDD, or a website in accessible formats) so visitors know how to locate accessible services. See 2205.160(b) and 2205.160(c).

An equally effective telecommunications system is any communication method that provides the same level of access as a TDD for people who are deaf or hard-of-hearing. This can include real-time text, relay services, captioned telephone services, or other technologies that permit effective telephone communication. The agency must ensure telephone communications are as accessible as using a TDD would be. See 2205.160(a)(2).