Partnering With The Deaf Community 2016 Travis County ALL RIGHTS RESERVED

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1 5/10/2017 Partnering With The Deaf Community Presenters: Kristin Lund & Trey McKnight BEI Certified Interpreters Travis Staff Presented by: Travis Services for Deaf and Hard of Hearing (TCSDHH) How to Request an Interpreter Monday Friday 8am 5pm Travis Services for the Deaf and Hard of Hearing (TSCDHH) Phone: Afterhours, Weekends, and Emergency Backup Communication by Hand (CBH) Phone: Purpose: How to work effectively with the Deaf, Hard of Hearing, and Deaf Blind citizens of Travis. Workshop Overview: Icebreaker activity Introductions Base line quiz (Test your current understanding) Brief History of this training Deaf Culture and Behavioral Norms Practical on the Job Communication Tips Technology for the Deaf Americans with Disabilities Act (ADA) Interpreting Services and TCSDHH 1

2 5/10/2017 Ice Breaker Activity Introductions: Name Current Position Share one experience you have had with a Deaf, Hard of Hearing, or Deafblind person Anything in particular you would like to learn by the end of the day Deaf and Hard of Hearing Statistics 10% of the US population has some sort hearing loss 357,574 out of15,858,474 Texans are Deaf or Hard of Hearing = 2.3% Austin is estimated to have a much larger Deaf and Hard of hearing population due to TSD, Texas school for the Blind, tuition waver, accessible universities, etc. You will interact with Deaf, Hard of hearing, and Deafblind. Three very different groups requiring different knowledge bases to serve. Deafness Quiz 1. Deaf people usually have other disabling conditions. 2. Lip-reading is a skill most deaf people have. 3. Hearing impaired is term that is considered highly offensive to members of the Deaf Community. 4. The Deaf community has its own distinct culture and behavioral norms. 5. Look directly at the interpreter when speaking to a Deaf person. 6. State and national certification enable an interpreter to interpret for any situation. 7. Being fluent in Sign Language qualifies you to interrogate a Deaf suspect. 8. Writing notes is an effective means of communication. 9. Hearing aids improve a deaf person s communication. 10. American Sign Language is the only language Deaf people use. 11. The ADA requires that the expressed choice of the individual with the disability should be given primary consideration in determining if they need an interpreter. 12. Using family members or friends to interpret helps, because they know of the history and are more readily available. 13. What are three steps you should take when providing equal access communication? 14. If a Deaf individual starts out writing notes but later requests an interpreter are you obligated to provide an interpreter? 15. Summarize your department s process for requesting a sign language interpreter? 2

3 5/10/2017 History of Travis Deaf Training 1994 Deaf man lost in court system for 3 months 2002 Deaf Blind couple arrested at Restaurant leads to federal civil rights suit 2009 Esther Valdez case Deaf tackled by office after failing to hear officers verbal instructions 2009 City of Austin settles federal civil rights suit. Mandates officers receive training on how to effectively communicate with the deaf See Handouts Deaf Experience in Prison Prison within a Prison" Advocates for deaf prisoners refer to the isolation experienced by deaf prisoners as a prison within a prison. Many deaf prisoners experience prolonged communication deprivation that leads to mental health conditions and to these prisoners losing their ability to socialize and communicate with anyone in any language. This holds true even for deaf prisoners housed in the general population. LINK 18:05 - End Incidental Information Hearing people have access to incidental information all the time. They overhear conversations, they hear comments and remarks on the radio and television. Even background noises count as incidental information. How might this impact your work in the field? What should you do? 3

4 5/10/2017 Deaf or Hearing Impaired? Deaf is a term used to reference a member of the Deaf community or Deaf Culture. They are proud to be Deaf and feel Deafness is a vital part of their identity, as much as ethnicity, gender, or religious background. Hearing impaired is term that is considered highly offensive. It is an outdated way to collectively label people with any level of hearing loss. This term can be interpreted as oppressive and meaning that something is wrong with them, that something needs to be fixed. So what is correct? It is preferable to use the specific terms of Deaf or Hard of Hearing. Deaf Culture Primary language is ASL Recognized language with its own rules of grammar and syntax English and ASL are NOT the same thing! Consider possibility of ESL (English as a Second Language) circumstances Deaf Culture: Behavioral Norms 1. Attention-Getting and Touch (Start at 10min) 2. Eye Contact 3. Turning Away 4. Taking another s hand 5. Use of Light to Gain Attention 6. Leave-taking in the Deaf Community 7. High Context Culture 4

5 5/10/2017 How Deaf People Communicate? Sign Language Written notes Lip reading Writing Notes Lip reading and speech Bad Lip Reading Video: 5

6 5/10/2017 Communication Tips (Part 1) Don t rely on family members to interpret Make sure you have the deaf persons attention before you attempt to communicate anything Speak to the deaf person not the interpreter Do not let an object obstruct the deaf persons view of you while you communicate Find a well-lighted place to communicate if possible Do not exaggerate your lip movements Speak clearly but don t raise your voice. Shouting distorts both sound and lip movements making things more difficult Communication Tips (Part 2) Be sensitive to whether a Deaf person is understanding you or just being polite and nodding without following what you are saying. Try to use Deaf technology if possible (VRS in the home is permitted in emergency situations) Be direct with your communication. Hearing English formalities do not translate well. (Ex. Sandwich Technique) Avoid misunderstandings based on perceived meaning in a Deaf persons facial expressions or signing. If someone cannot understand you, write a note asking what communication mode is best for their situation. Understand that some deaf people do not read or write English ASL is its own language with no roots in English and may push a notepad away if this is the case. History of Deaf Identifiers Old Symbols used to identify the Deaf Positioned Deaf people to be taken advantage of 6

7 5/10/2017 Specialty License Plates The license plate s name in the TxDMV s motor vehicle database is Deaf Driver Awareness. This license plate name will appear when an officer looks-up or calls in a plate-look-up during a traffic stop. Its important that the plate s design NOT alert the general public that the motorist is deaf, but be specifically designed to indicate to law enforcement that a driver is deaf or hard of hearing. Additional note: This license plate program will not be utilized by all. This is a tool only. Communication impediment program The Texas Transportation Code allows the Texas Department of Public safety to include a notice on a state driver s license or identification card for persons who indicate they have a health condition that may impede their ability to communicate readily to a law enforcement officer. Additional Note: This program is not required, and many deaf individuals do not have this designation on their driver license. Use this as a tool only, not as an absolute. Basic Signs Gestures & Online Resources Deaf Help Hurt Drivers License Insurance Are you ok? No Yes Stop Online ASL Dictionary: bin/aslpro/aslpro.cgi Any other signs you would like to know? 7

8 5/10/ mo&feature=c4-overviewvl&list=plbeb5773ddbc1d1aa Americans with Disabilities Act The ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities. They may not be excluded or segregated from services. Effective Communication according to the ADA For people who are deaf, have hearing loss, or are deaf-blind, this includes A qualified sign language interpreter Tactile interpreter (Deaf-Blind) Real-time captioning (Hard of Hearing) In some cases written materials. Don t assume you know what is best. Ask the individual what is most effective for them. 8

9 5/10/2017 Who Decides What is Effective? The ADA requires that the expressed choice of the individual with the disability, who is in the best position to know his or her needs, should be given primary consideration in determining which communication aid to provide. Agencies cannot charge the person for the communication aids or interpreting services Only agency head (or designee) can determine if providing interpreting services is undue burden. UbiDuo Example of Text to Text technology Can be an effective way to communicate for Hard of Hearing with fluency in English Remember ADA! The individual requiring accommodation determines what is an appropriate accommodation for them. Be prepared to call for an interpreter Certifications: State and National Interpreters Ethics/roles: Adhere to strict set of professional ethics established by certifying organizations. Different linguistic needs for different clients: Not all interpreters have the same skill set CDI-specialized interpreter: Certified Deaf Interpreter Different role focus on consumer comprehension Work in tandem with hearing interpreters 9

10 5/10/2017 Requesting Interpreters Information to provide when making interpreter requests Intake Detention Probation Court Meetings with attorney Home/school visits Classes Treatment Community Service Orientation On-site arrival/calls Follow up questions/interviews If in doubt Setting Details Nature of the request Gender requirements or requests Expected duration Point of Contact Deaf Persons Name (Screen for Conflicts) Details (Note: the more details you provide the better positioned an agency will be to provide the interpreter you need. Take advantage of our Deaf and HOH Case Management team for additional inmate support. Request a visit appointments to Dell Valley are on Fridays. Case Management Services for after inmates are released: Request Case Management for current inmates: Tom Turner tom.turner@traviscountytx.gov 2201 Post Road #100 Austin, TX TCSDHH Office hours: 8AM-5PM Walk in Appointments Welcome Travis Services for the Deaf and Hard of Hearing TCSDHH is a dynamic, responsive agency that strives to bridge the gaps between deaf, hard of hearing, and hearing citizens in the Travis area. Services at a glance: Case Management, Crisis Intervention, Assistance with legal system, Advocacy, Information and referral, Notary services, Interpreting services, Outreach/education to City of Austin & Travis Departments, Adaptive equipment for deaf persons with low income, Computer Assisted Real Time Captioning (CART) for Travis functions on request, Public station for video phone calls 10

11 5/10/2017 Deaf Blind Cane Etiquette Fear and Frustration (What does it look like) How to communicate an emergency Print on Palm (Don t lift finger) Anchor Don t move personal items Video Activity: Group Harvest Imagine you are a Deaf person coming into contact with your department. List all of the potential struggles (regarding communication or access) you might encounter while interacting with your group. What are potential solutions (or accommodations) to the issues you have identified? Be prepared to share your findings! ADA Law Enforcement Resources: U.S. Department of Justice Civil Rights Division - Disability Rights Section: Communicating with People Who Are Deaf or Hard of Hearing ADA Guide for Law Enforcement Officers MODEL POLICY FOR LAW ENFORCEMENT ON COMMUNICATING WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING COMMONLY ASKED QUESTIONS ABOUT THE AMERICANS WITH DISABILITIES ACT AND LAW ENFORCEMENT 11

12 5/10/2017 Additional Resources ACLU, HEARD, National Association of the Deaf, Texas Association of the Deaf, Texas Dept. of Assistive and Rehabilitative Services (DARS), References Americans with Disabilities Act (ADA), DEAF Inc., Deaf Sensitivity Training Video for Police Officers, Texas Department of Motor Vehicles, Vehicle Titles and Registration Division, Specialty License Plates U.S. Department of Justice, Civil rights Division, Communicating with People who are Deaf or hard of Hearing, Gallaudet University 12

13 ADA Requirements: Effective Communication 1 of 5 6/2/17, 10:40 AM U.S. Department of Justice Civil Rights Division Disability Rights Section Effective Communication The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards). Overview People who have vision, hearing, or speech disabilities ( communication disabilities ) use different ways to communicate. For example, people who are blind may give and receive information audibly rather than in writing and people who are deaf may give and receive information through writing or sign language rather than through speech. The ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations that serve the public) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities. This publication is designed to help title II and title III entities ( covered entities ) understand how the rules for effective communication, including rules that went into effect on March 15, 2011, apply to them. The purpose of the effective communication rules is to ensure that the person with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the covered entity. Covered entities must provide auxiliary aids and services when needed to communicate effectively with people who have communication disabilities. The key to communicating effectively is to consider the nature, length, complexity, and context of the communication and the person s normal method(s) of communication. The rules apply to communicating with the person who is receiving the covered entity s goods or services as well as with that person s parent, spouse, or companion in appropriate circumstances. Auxiliary Aids and Services The ADA uses the term auxiliary aids and services ( aids and services ) to refer to the ways to communicate with people who have communication disabilities. For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronically for use with a computer screen-reading program; or an audio recording of printed information. A qualified reader means someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary. For people who are deaf, have hearing loss, or are deaf-blind, this includes providing a qualified notetaker; a qualified sign language interpreter, oral interpreter, cued-speech interpreter, or tactile interpreter; real-time captioning; written materials; or a printed script of a stock speech (such as given on a museum or historic house tour). A qualified

14 ADA Requirements: Effective Communication 2 of 5 6/2/17, 10:40 AM interpreter means someone who is able to interpret effectively, accurately, and impartially, both receptively (i.e., understanding what the person with the disability is saying) and expressively (i.e., having the skill needed to convey information back to that person) using any necessary specialized vocabulary. For people who have speech disabilities, this may include providing a qualified speech-to-speech transliterator (a person trained to recognize unclear speech and repeat it clearly), especially if the person will be speaking at length, such as giving testimony in court, or just taking more time to communicate with someone who uses a communication board. In some situations, keeping paper and pencil on hand so the person can write out words that staff cannot understand or simply allowing more time to communicate with someone who uses a communication board or device may provide effective communication. Staff should always listen attentively and not be afraid or embarrassed to ask the person to repeat a word or phrase they do not understand. In addition, aids and services include a wide variety of technologies including 1) assistive listening systems and devices; 2) open captioning, closed captioning, real-time captioning, and closed caption decoders and devices; 3) telephone handset amplifiers, hearing-aid compatible telephones, text telephones (TTYs), videophones, captioned telephones, and other voice, text, and video-based telecommunications products; 4) videotext displays; 5) screen reader software, magnification software, and optical readers; 6) video description and secondary auditory programming (SAP) devices that pick up video-described audio feeds for television programs; 7) accessibility features in electronic documents and other electronic and information technology that is accessible (either independently or through assistive technology such as screen readers). Real-time captioning (also known as computer-assisted real-time transcription, or CART) is a service similar to court reporting in which a transcriber types what is being said at a meeting or event into a computer that projects the words onto a screen. This service, which can be provided on-site or remotely, is particularly useful for people who are deaf or have hearing loss but do not use sign language. The free nationwide telecommunications relay service (TRS), reached by calling 7-1-1, uses communications assistants (also called CAs or relay operators) who serve as intermediaries between people who have hearing or speech disabilities who use a text telephone (TTY) or text messaging and people who use standard voice telephones. The communications assistant tells the telephone user what the other party is typing and types to tell the other party what the telephone user is saying. TRS also provides speech-to-speech transliteration for callers who have speech disabilities. Video relay service (VRS) is a free, subscriber-based service for people who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying. Video remote interpreting (VRI) is a fee-based service that uses video conferencing technology to access an off-site interpreter to provide real-time sign language or oral interpreting services for conversations between hearing people and people who are deaf or have hearing loss. The new regulations give covered entities the choice of using VRI or on-site interpreters in situations where either would be effective. VRI can be especially useful in rural areas where on-site interpreters may be difficult to obtain. Additionally, there may be some cost advantages in using VRI in certain circumstances. However, VRI will not be effective in all circumstances. For example, it will not be effective if the person who needs the interpreter has difficulty seeing the screen (either because of vision loss or because he or she cannot be properly positioned to see the screen, because of an injury or other condition). In these circumstances, an on-site interpreter may be required. If VRI is chosen, all of the following specific performance standards must be met: real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; a sharply delineated image that is large enough to display the interpreter s face, arms, hands, and fingers, and the face, arms, hands, and fingers of the person using sign language, regardless of his or her body position; a clear, audible transmission of voices; and

15 ADA Requirements: Effective Communication 3 of 5 6/2/17, 10:40 AM adequate staff training to ensure quick set-up and proper operation. Many deaf-blind individuals use support service providers (SSPs) to assist them in accessing the world around them. SSPs are not aids and services under the ADA. However, they provide mobility, orientation, and informal communication services for deaf-blind individuals and are a critically important link enabling them to independently access the community at large. Effective Communication Provisions Covered entities must provide aids and services when needed to communicate effectively with people who have communication disabilities. The key to deciding what aid or service is needed to communicate effectively is to consider the nature, length, complexity, and context of the communication as well as the person s normal method(s) of communication. Some easy solutions work in relatively simple and straightforward situations. For example: In a lunchroom or restaurant, reading the menu to a person who is blind allows that person to decide what dish to order. In a retail setting, pointing to product information or writing notes back and forth to answer simple questions about a product may allow a person who is deaf to decide whether to purchase the product. Other solutions may be needed where the information being communicated is more extensive or complex. For example: In a law firm, providing an accessible electronic copy of a legal document that is being drafted for a client who is blind allows the client to read the draft at home using a computer screen-reading program. In a doctor s office, an interpreter generally will be needed for taking the medical history of a patient who uses sign language or for discussing a serious diagnosis and its treatment options. A person s method(s) of communication are also key. For example, sign language interpreters are effective only for people who use sign language. Other methods of communication, such as those described above, are needed for people who may have lost their hearing later in life and do not use sign language. Similarly, Braille is effective only for people who read Braille. Other methods are needed for people with vision disabilities who do not read Braille, such as providing accessible electronic text documents, forms, etc., that can be accessed by the person s screen reader program. Covered entities are also required to accept telephone calls placed through TRS and VRS, and staff who answer the telephone must treat relay calls just like other calls. The communications assistant will explain how the system works if necessary. Remember, the purpose of the effective communication rules is to ensure that the person with a communication disability can receive information from, and convey information to, the covered entity. Companions In many situations, covered entities communicate with someone other than the person who is receiving their goods or services. For example, school staff usually talk to a parent about a child s progress; hospital staff often talk to a patient s spouse, other relative, or friend about the patient s condition or prognosis. The rules refer to such people as companions and require covered entities to provide effective communication for companions who have communication disabilities. The term companion includes any family member, friend, or associate of a person seeking or receiving an entity s goods or services who is an appropriate person with whom the entity should communicate. Use of Accompanying Adults or Children as Interpreters Historically, many covered entities have expected a person who uses sign language to bring a family member or friend to

16 ADA Requirements: Effective Communication 4 of 5 6/2/17, 10:40 AM interpret for him or her. These people often lacked the impartiality and specialized vocabulary needed to interpret effectively and accurately. It was particularly problematic to use people s children as interpreters. The ADA places responsibility for providing effective communication, including the use of interpreters, directly on covered entities. They cannot require a person to bring someone to interpret for him or her. A covered entity can rely on a companion to interpret in only two situations. (1) In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available. (2) In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when a) the individual requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Even under exception (2), covered entities may not rely on an accompanying adult to interpret when there is reason to doubt the person s impartiality or effectiveness. For example: It would be inappropriate to rely on a companion to interpret who feels conflicted about communicating bad news to the person or has a personal stake in the outcome of a situation. When responding to a call alleging spousal abuse, police should never rely on one spouse to interpret for the other spouse. Who Decides Which Aid or Service Is Needed? When choosing an aid or service, title II entities are required to give primary consideration to the choice of aid or service requested by the person who has a communication disability. The state or local government must honor the person s choice, unless it can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or in an undue burden (see limitations below). If the choice expressed by the person with a disability would result in an undue burden or a fundamental alteration, the public entity still has an obligation to provide an alternative aid or service that provides effective communication if one is available. Title III entities are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. The goal is to provide an aid or service that will be effective, given the nature of what is being communicated and the person s method of communicating. Covered entities may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. Walk-in requests for aids and services must also be honored to the extent possible. Limitations Covered entities are required to provide aids and services unless doing so would result in an undue burden, which is defined as significant difficulty or expense. If a particular aid or service would result in an undue burden, the entity must provide another effective aid or service, if possible, that would not result in an undue burden. Determining what constitutes an undue burden will vary from entity to entity and sometimes from one year to the next. The impact of changing economic conditions on the resources available to an entity may also be taken into consideration in making this determination. State and local governments: in determining whether a particular aid or service would result in undue financial and administrative burdens, a title II entity should take into consideration the cost of the particular aid or service in light of all resources available to fund the program, service, or activity and the effect on other expenses or operations. The decision that a particular aid or service would result in an undue burden must be made by a high level official, no lower than a Department

17 ADA Requirements: Effective Communication 5 of 5 6/2/17, 10:40 AM head, and must include a written statement of the reasons for reaching that conclusion. Businesses and nonprofits: in determining whether a particular aid or service would result in an undue burden, a title III entity should take into consideration the nature and cost of the aid or service relative to their size, overall financial resources, and overall expenses. In general, a business or nonprofit with greater resources is expected to do more to ensure effective communication than one with fewer resources. If the entity has a parent company, the administrative and financial relationship, as well as the size, resources, and expenses of the parent company, would also be considered. In addition, covered entities are not required to provide any particular aid or service in those rare circumstances where it would fundamentally alter the nature of the goods or services they provide to the public. In the performing arts, for example, slowing down the action on stage in order to describe the action for patrons who are blind or have vision loss may fundamentally alter the nature of a play or dance performance. Staff Training A critical and often overlooked component of ensuring success is comprehensive and ongoing staff training. Covered entities may have established good policies, but if front line staff are not aware of them or do not know how to implement them, problems can arise. Covered entities should teach staff about the ADA's requirements for communicating effectively with people who have communication disabilities. Many local disability organizations, including Centers for Independent Living, conduct ADA trainings in their communities. The Department s ADA Information Line can provide local contact information for these organizations. For more information about the ADA, please visit our website or call our toll-free number. ADA Website To receive notifications when new ADA information is available, visit the ADA Website s home page and click the link near the top of the middle column. ADA Information Line (Voice) and (TTY) 24 hours a day to order publications by mail. M-W, F 9:30 a.m. 5:30 p.m., Th 12:30 p.m. 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. All calls are confidential. For persons with disabilities, this publication is available in alternate formats. Duplication of this document is encouraged. January 2014 PDF Version of this Document January 31, 2014

18 COMMUNICATING WITH PEOPLE WHO ARE DEAF OR HARD O... of 4 6/2/17, 10:39 AM U.S. Department of Justice Civil Rights Division Disability Rights Section As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing. It is estimated that up to nine percent of the population has some degree of hearing loss, and this percentage will increase as the population ages. Under the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing are entitled to the same services law enforcement provides to anyone else. They may not be excluded or segregated from services, be denied services, or otherwise be treated differently than other people. Law enforcement agencies must make efforts to ensure that their personnel communicate effectively with people whose disability affects hearing. This applies to both sworn and civilian personnel. A driver who is deaf writes on a pad of paper to communicate with an officer. Your agency has adopted a specific policy regarding communicating with people who are deaf or hard of hearing. It is important to become familiar with this policy. Requirements for Effective Communication The ADA requires that... Law enforcement agencies must provide the communication aids and services needed to communicate effectively with people who are deaf or hard of hearing, except when a particular aid or service would result in an undue burden or a fundamental change in the nature of the law enforcement services being provided. Agencies must give primary consideration to providing the aid or service requested by the person with the hearing disability. Agencies cannot charge the person for the communication aids or services provided. Agencies do not have to provide personally prescribed devices such as hearing aids. When interpreters are needed, agencies must provide interpreters who can interpret effectively, accurately, and impartially. Only the head of the agency or his or her designee can make the determination that a particular aid or service would cause an undue burden or a fundamental change in the nature of the law enforcement services being provided. Your agency s policy explains how to obtain interpreters or other communication aids and services when needed. Communicating with People Who are Deaf or Hard of Hearing

19 COMMUNICATING WITH PEOPLE WHO ARE DEAF OR HARD O... of 4 6/2/17, 10:39 AM Officers may find a variety of communication aids and services useful in different situations. Speech supplemented by gestures and visual aids can be used in some cases. A pad and pencil, a word processor, or a typewriter can be used to exchange written notes. A teletypewriter (TTY, also known as a TDD) can be used to exchange written messages over the telephone. An assistive listening system or device to amplify sound can be used when speaking with a person who is hard of hearing. A sign language interpreter can be used when speaking with a person who knows sign language. An oral interpreter can be used when speaking with a person who has been trained to speech read (read lips). Note: Do not assume that speech reading will be effective in most situations. On average, only about one third of spoken words can be understood by speech reading. The type of situation, as well as the individual s abilities, will determine which aid or service is needed to communicate effectively. Practical Suggestions for Communicating Effectively Before speaking, get the person s attention with a wave of the hand or a gentle tap on the shoulder. Face the person and do not turn away while speaking. Try to converse in a well-lit area. Do not cover your mouth or chew gum. If a person is wearing a hearing aid, do not assume the individual can hear you. Minimize background noise and other distractions whenever possible. When you are communicating orally, speak slowly and distinctly. Use gestures and facial expressions to reinforce what you are saying. Use visual aids when possible, such as pointing to printed information on a citation or other document. Remember that only about one third of spoken words can be understood by speech reading. When communicating by writing notes, keep in mind that some individuals who use sign language may lack good English reading and writing skills. If someone with a hearing disability cannot understand you, write a note to ask him or her what communication aid or service is needed. If a sign language interpreter is requested, be sure to ask which language the person uses. American Sign Language (ASL) and Signed English are the most common. When you are interviewing a witness or a suspect or engaging in any complex conversation with a person whose primary language is sign language, a qualified interpreter is usually needed to ensure effective communication. When using an interpreter, look at and speak directly to the deaf person, not to the interpreter.

20 COMMUNICATING WITH PEOPLE WHO ARE DEAF OR HARD O... of 4 6/2/17, 10:39 AM Talk at your normal rate, or slightly slower if you normally speak very fast. Only one person should speak at a time. Use short sentences and simple words. Do not use family members or children as interpreters. They may lack the vocabulary or the impartiality needed to interpret effectively. What Situations Require an Interpreter? Generally, interpreter services are not required for simple transactions such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress. Example: An officer clocks a car on the highway going 15 miles per hour above the speed limit. The driver, who is deaf, is pulled over and is issued a noncriminal citation. The individual is able to understand the reason for the citation because the officer points out relevant information printed on the citation or written by the officer. Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf. Because the officer has probable cause to make a felony arrest without an interrogation, an interpreter is not necessary to carry out the arrest. However, an interpreter may be needed in lengthy or complex transactions such as interviewing a victim, witness, suspect, or arrestee if the person being interviewed normally relies on sign language or speech reading to understand what others are saying. Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife is deaf. The officer begins questioning her by writing notes, but her response indicates a lack of comprehension. She requests a sign language interpreter. In this situation an interpreter should be called. If the woman s behavior is threatening, the officer can make an arrest and call for an interpreter to be available later at the booking station. It is inappropriate to ask a family member or companion to interpret in a situation like this because emotional ties may interfere with the ability to interpret impartially. Example: An officer responds to the scene of a car accident where a man has been seriously injured. The man is conscious, but is unable to comprehend the officer s questions because he is deaf. A family member who is present begins interpreting what the officer is saying. A family member or companion may be used to interpret in a case like this, where the parties are willing, the need for information is urgent, and the questions are basic and uncomplicated. However, in general, do not expect or demand that a deaf person provide his or her own interpreter. As a rule, when interpreter service is needed, it must be provided by the agency. List your agency s contact information for obtaining an interpreter, an assistive listening device, or other communication aid or service here.

21 COMMUNICATING WITH PEOPLE WHO ARE DEAF OR HARD O... of 4 6/2/17, 10:39 AM For further information on the Americans with Disabilities Act contact: ADA Website ADA Information Line (voice) (TTY) This pamphlet was developed by the U.S. Department of Justice for law enforcement personnel. Reproduction is encouraged. January 2006 p

22 Interacting with Drivers who are Deaf or Hard of Hearing Course # 7887 January 2016

23 Interacting with Drivers who are Deaf or Hard of Hearing Course # 7887 ABSTRACT This guide is designed to assist the instructor in developing an appropriate lesson plan to teach the course learning objectives. The learning objectives are the minimum required content of the Interacting with Drivers who are Deaf or Hard of Hearing Training. This course is a required course to be completed no later than the second anniversary of the date the officer is licensed or the date an officer applies for an intermediate or advanced proficiency certificate, whichever date is earlier. This takes effect March 1, Note to Trainers: It is the responsibility of the coordinator to ensure this curriculum and its materials are kept up to date. Refer to curriculum and legal resources for changes in subject matter or laws relating to this topic as well as the Texas Commission on Law Enforcement website at for edits due to course review. Target Population: Peace Officers working toward their intermediate proficiency certificate on or after March 1, 2016, and within 2 years of licensing date for those licensed on or after March 1, Student Pre-Requisites: None Instructor Pre-Requisites: Certified TCOLE Instructor and/or Subject matter expert/deaf Culture awareness (include a co-presenter from the deaf community if needed to meet this pre-requisite) Length of Course: 4 hours Method of Instruction: Lecture Discussion Scenario and role-play activities (utilization of deaf community representatives to complete this activity is recommended.) Videos 2

24 Assessment: Assessment is required for completion of this course to ensure the student has a thorough comprehension of all learning objectives. Training providers are responsible for assessing and documenting student mastery of all objectives in this course. Reference materials: Senate Bill 1987 Occupations Code 1701 Transportation Code 504 3

25 Interacting with Drivers who are Deaf or Hard of Hearing Unit Goal 1.0 Procedures for Interacting with Drivers who are Deaf or Hard of Hearing Law Enforcement Officers are in daily contact with all types of people. Considering that nearly 10% of the US population has some sort hearing loss, it is reasonable to assume that some of those contacts would be with individuals who are deaf or hard of hearing, especially with the baby boomers reaching their senior years. According to the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing should be given the same services provided to the other 90% of the population. They may not be excluded or segregated from services. Instructor Note: The below video links can be used as an introduction to this training, as a review at the end of this training, or can be shown in parts attached to the appropriate objective section. When showing the videos, it is advised to stop them periodically to discuss the information being presented especially through the scenario sections. (Select the below link and scroll down to video on Deaf and hard of hearing) Define the terms Deaf and Hard of hearing as defined by Section of the Texas Human Resource Code Deaf means a hearing status of such severity that an individual must depend on visual methods to communicate. Hard of hearing means a hearing status that results in a loss of hearing function to an individual and in which the individual: o Relies on residual hearing; and o May depend on visual methods to communicate Instructor Note: Discuss with students the use of the terminology in reference to a deaf person. Deaf is a term utilized to reference a member of the deaf community or deaf culture. They are proud to be deaf and feel Deafness is a vital part of their identity, as much as ethnicity, gender, or religious background. Hard of hearing is usually a term for people with a mild, moderate, or severe hearing loss. Hard of hearing people often use speech as their primary mode of communication, but may be involved in the deaf community. Hearing impaired is term that is considered highly offensive. It is an outdated way to collectively label people with any level of hearing loss. It does not account for their cultural identity. This term can be interpreted as 4

26 oppressive and meaning that something is wrong with them, that something needs to be fixed. It is an inappropriate label. So what is correct? It is preferable to use the specific terms of deaf or hard of hearing. 1.2 Discuss appropriate techniques utilized to interact with drivers who are deaf or hard of hearing Instructor Note: The U.S. Department of Justice has published a guide ( Communicating with People who are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers ) on how the Americans with Disabilities Act (ADA) relates to law enforcement and their duties. This guide contains recommendations on how to best serve the Deaf community, how to comply with the ADA, and training and situational scenarios. The following are some excerpts taken directly from that guide. Additional note: the above resource from the U.S. Dept. of Justice is currently being updated. Please monitor this website for updated information as it is published. The ADA requires that: Law Enforcement agencies must provide the communication aids and services needed to communicate effectively with people who are deaf or hard of hearing, except when a particular aid or service would result in an undue burden or a fundamental change in the nature of the law enforcement services being provided. Agencies must give primary consideration to providing the aid or service requested by the person with the hearing disability. Agencies cannot charge the person for the communication aids or services provided. Agencies do not have to provide personally prescribed devices such as hearing aids. When interpreters are needed, agencies should provide interpreters who can interpret effectively, accurately, and impartially. A legal certificate interpreter is the best source for this resource. Instructor Note: (resource for locating Interpreters) Texas Dept. of Assistive and Rehabilitative Services (DARS), Officers may find a variety of communication aids and services useful in different situations: Speech supplemented by gestures and visual aids can be used in some cases. A pad and pencil, a word processor, or a typewriter can be used to exchange written notes. A teletypewriter (TTY, also known as TDD) can be used to exchange written messages by telephone. However, this method is outdated and rarely used. A more current mode of communication is the videophone or a video relay service (VRS), also sometimes known as a video interpreting service (VIS). It is a video 5

27 telecommunication service that allows deaf or hard of hearing individuals to communicate over video telephones and similar technologies with hearing people in real-time, via a sign language interpreter. An assistive listening system or devise to amplify sound can be used when speaking with a person who is hard of hearing. A sign language interpreter can be used when speaking with a person who knows sign language. Instructor note: The U.S. DOJ also has created a model policy on how law enforcement agencies can better communicate with the deaf and hard of hearing. This can be used as a guide when writing policies at the local level. Please be specific in writing a policy for your area to include resources for contacting legal certificate interpreters and the procedures for doing so. To find this policy refer to the following link: This is also being updated. Please check back periodically for updated information. 1.3 Identify practical suggestions for more effectively communicating with drivers who are deaf or hard of hearing Before speaking, get the person s attention by waving your hand or a gentle tap on the shoulder Face the person while speaking Go to a well-lit area to converse Do not cover your mouth or chew gum Do not assume a person can hear you just because they are wearing a hearing aid Try to minimize background noise Speak slowly and clearly and incorporate appropriate gestures and facial expressions Use visual aids when possible If someone cannot understand you, write a note asking what communication mode is best for their situation. Understand that some deaf people do not read or write English ASL is its own language with no roots in English and may push a notepad away if this is the case. If an interpreter is needed remember to ask in which language the person uses American sign Language (ASL) is the most common Look directly at the deaf person when speaking even through an interpreter Talk at your normal speed or slightly slower if you normally speak rapidly Only one person should speak at a time Use short sentences and simple words Do not use family members or children as interpreters. They may lack the vocabulary or the impartiality to interpret effectively 6

28 Instructor Note: The below link are commonly asked questions concerning this topic. Please utilize for discussion points throughout this training Discuss the communication impediment program The Texas Transportation Code allows the Texas Department of Public safety to include a notice on a state driver s license or identification card for persons who indicate they have a health condition that may impede their ability to communicate readily to a law enforcement officer. A written statement from a physician (form DL-101) must be available discussing the health condition and presented at the driver s license office before the communication impediment notice can be included on the license or card. Instructor Note: Medical information provided under this program is not protected and is subject to release under the Public Information Act. Additional Note: This program is not required, and many deaf individuals do not have this designation on their driver license. Use this as a tool only, not as an absolute. 1.5 Distinguish what situations require an interpreter per student role-play Generally speaking, interpreter services are not necessary in simple situations, such as giving directions or checking a license plate or in an urgent situation such as responding to a crime in progress. The U.S. Department of Justice Communicating with People who are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers guide has some helpful examples for such situations. Instructor Note: Utilize the scenarios as an educational opportunity for the class by conducting a role-play activity. Use an assessment tool to measure student participation. These are only scenario examples. Instructor can substitute more area specific examples as well as updated examples as available. Also, this is section would be more effective if taught with the assistance of a person from the Deaf community. 7

29 Example 1: An officer clocks a car on the highway going 15 miles per hour above the speed limit. The driver, who is deaf, is pulled over and is issued a noncriminal citation. The individual is able to understand the reason for the citation because the officer points out relevant information printed on the citation written by the officer. Example 2: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf. Because the officer has probable cause to make a felony arrest without an interrogation, an interpreter is not necessary to carry out the arrest. In lengthy or complex situations an interpreter may be necessary. Such situations could include: interviewing a victim, witness, suspect, or arrestee. Example 3: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife is deaf. The officer begins questioning her by writing notes, but her response indicates a lack of comprehension. She requests a sign language interpreter. In this situation an interpreter should be called. If the women s behavior is threatening, the officer can make an arrest and call for an interpreter to be available later at the booking station. It is not appropriate to ask a family member or companion to interpret in a situation like this because emotional ties may interfere with the ability to interpret impartially. Example 4: An officer responds to the scene of a car accident where a man has been seriously injured. The man is conscious, but is unable to comprehend the officer s questions because he is deaf. A family member who is present begins interpreting what the officer is saying. A family member or companion may be used to interpret in a case like this, where the parties are willing, the need for information is urgent, and the questions are basic and uncomplicated. However, in general, do not expect or demand that a deaf person provide his or her own interpreter. As a rule, when interpreter service is needed, it must be provided by the agency. Many departments struggle with having the availability of an interpreter especially one for all types of languages. With verbal languages, officers can utilize a phone based interpreter, which is not an option for the deaf. Instructor Note: brainstorm with students ideas on locating interpreters as needed and have students locate their agency s contact information for obtaining an interpreter, an assistive listening device, or other communication aid services. Unit Goal 2.0: Deaf and hard of hearing Specialty License Plates 8

30 2.1 Describe how to identify specialty license plates issued to individuals who are deaf or hard of hearing in the State of Texas Per the 84 th Texas legislative session, Senate Bill 1987 was mandated. This bill amends the Transportation Code and the Occupations Code to provide for the Texas Department of Motor Vehicles issuance of specialty license plates for persons who are deaf or hard of hearing. The license plate s name in the TxDMV s motor vehicle database is Deaf Driver Awareness. This license plate name will appear when an officer looks-up or calls in a plate-look-up during a traffic stop. N nmmn The license plate is unobtrusive and does not label or include the words disabled or hearing impaired which could offend by defining someone by their impairment. It was important that the plate s design NOT alert the general public that the motorist is deaf, but be specifically designed to indicate to law enforcement that a driver is deaf or hard of hearing. Below is an illustration of the license plate design: Instructor Note: Discuss the plate identification with class and any departmental process involved. Additional note: This license plate program will not be utilized by all. This is a tool only. 9

31 References Americans with Disabilities Act (ADA), DEAF Inc., Deaf Sensitivity Training Video for Police Officers, Texas Department of Motor Vehicles, Vehicle Titles and Registration Division, Specialty License Plates U.S. Department of Justice, Civil rights Division, Communicating with People who are Deaf or hard of Hearing, Resources ACLU, HEARD, National Association of the Deaf, Texas Association of the Deaf, Texas Dept. of Assistive and Rehabilitative Services (DARS), 10

32 w w w. b e h e a r d d c. o r g #DeafInPrison Campaign Fact Sheet 1 I thought American Sign Language (ASL) was the same as English. Am I missing something? Many Deaf* 2 Americans grow up using American Sign Language ( ASL ) as their primary or only language. ASL is not a manual representation of English. Instead, ASL is its own language with a unique syntax and grammar that does not have a one-to-one correspondence with English. Some deaf individuals whose primary language is ASL either use English as a second language or not at all. Sign language is required for effective communication with this population. How many deaf* people are in prison? There are tens of thousands of deaf people in jails and prisons across the nation. Most departments of corrections do not track numbers or locations of deaf prisoners. HEARD has located more than 500 deaf prisoners, but this is just a tiny fraction of deaf prisoners across the nation. For example, the Louisiana Department of Corrections recently announced that it has more than 2,000 deaf prisoners, but HEARD has only been able to find two deaf prisoners in Louisiana. What rights do deaf incarcerated people have? What about deaf prisoners? People who are incarcerated (this is person-first language that means prisoner ) do not lose their fundamental human rights or civil liberties. All prisoners have the right to be free from inhumane treatment and cruel and unusual punishment. All prisoners have the right to be free from sexual assault & discrimination. Prisoners also have the right to receive medical and mental healthcare and have a number of other freedoms, including freedoms of speech and religion. The Americans with Disabilities Act and Rehabilitation Act apply to jails and prisons. Thus, deaf prisoners are entitled to reasonable accommodations/modifications and must receive equal access to programs, services and activities. Which laws apply to deaf* prisoners? Title II of the Americans with Disabilities Act prohibits disability discrimination by any public entity, and applies in state prisons and local jails. Section 504 of the Rehabilitation Act applies to the Federal Bureau of Prisons, and prohibits disability discrimination in any program or activity receiving federal financial assistance. What does "prison in a prison" mean? Advocates for deaf prisoners refer to the isolation experienced by deaf prisoners as a prison within a prison. Many deaf prisoners experience prolonged communication deprivation that leads to mental health conditions and to these prisoners 1 Prepared by Talila A. Lewis, Founder, Helping Educate to Advance the Rights of the Deaf (HEARD), on June 26, 2014, as an educational resource for HEARD s #DeafInPrison Campaign. HEARD created the #DeafInPrison Campaign to raise awareness about abuse of and discrimination against deaf prisoners across the nation. The Campaign aims to start a national conversation about these concerns and to compel corrective and preventive action. This Fact Sheet is available in American Sign Language, courtesy of Facundo Element here: 2 For this Fact Sheet, Deaf* refers to the following: Deaf, DeafBlind, DeafDisabled, Hard-of-Hearing, Late Deafened, Choclear Implant- Using People. For readability purposes, we will use "deaf" to acknowledge the wide range of intersectional experiences of deaf people. (Deaf* is a term coined by Elena Ruiz-Williams, 2013). E m p o w e r A d v o c a t e R e f o r m

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