Office for the Deaf and Hard of Hearing

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1 Office for the Deaf and Hard of Hearing 2009 Edition published by the Office for the Deaf and Hard of Hearing Division of Long Term Care Department of Health Services 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 1

2 Alternate Format To obtain a copy of the Rights Handbook in alternate format, contact the Office for the Deaf and Hard of Hearing by phone: V or TTY Toll free; by Fax: ; or by [email protected]. Disclaimer The material provided in this handbook is general information on the rights of people with hearing loss to communication access. It is not inclusive of all the situations that people who are Deaf, Hard of Hearing or DeafBlind (D/HH/DB) will encounter in their daily lives. It is not an endorsement of any product or vendor displayed or credited in the handbook. Exclusion of a product or vendor does not suggest disapproval. Readers are encouraged to copy and share information in Wisconsin Rights Handbook, except for graphics that vendors have requested otherwise. Please credit the Wisconsin Office for the Deaf and Hard of Hearing (ODHH) when using materials Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 2

3 INTRODUCTION Deaf, Hard of Hearing, or DeafBlind? Wisconsin Rights Handbook is the first edition that has been developed by the Office for the Deaf and Hard of Hearing (ODHH) staff. This handbook is to provide a guide for creating a barrier free communication environment for: Deaf, Hard of Hearing, and Deafblind persons (D/HH/DB) Businesses Educational institutions Employers Government agencies Service providers The Handbook: Has four (4) parts, with topics alphabetized within each part: Part 1: Rights Part 2: Technology Part 3: Technical Information Part 4: Appendices Contents refer to: Civil rights laws on the state and federal levels Guidelines developed from successful ODHH experience with consumers Informs consumers on ways to agree on satisfactory accommodations Encourages all parties (hearing and D/HH/DB) to try and resolve communication issues through negotiation and/or mediation *Filing a complaint or lawsuit over an issue should be the last resort. For further information and assistance contact the Office for the Deaf and Hard of Hearing Regional Coordinator for your County. The ODHH welcomes website and handbook suggestions. Contact us at: Office for the Deaf and Hard of Hearing Division of Long Term Care Department of Health Services One West Wilson Street Room 451 PO Box 7851 Madison, WI V TTY Toll free [email protected] Fax: Wisconsin Relay Linda Huffer, Director Office for the Deaf and Hard of Hearing 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 3

4 Dedication This handbook is dedicated to Deaf, Hard of Hearing and DeafBlind citizens in Wisconsin. The staff of the Office for the Deaf and Hard of Hearing (ODHH) are priviliged to serve you. Acknowledgements This handbook has been adapted from the Michigan Division on Deaf and Hard of Hearing Rights Manual and used with permission. Their research and development of this project provides a wonderful model for other Deaf, Hard of Hearing, and DeafBlind agencies and commissions. We extend our heartfelt thanks Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 4

5 TABLE OF CONTENTS Introduction...3 Dedication/Acknowledgements...4 Table of Contents...5 Acronym Guide Access Symbols PART I: RIGHTS Rights of Persons Who are Deaf, Hard of Hearing or DeafBlind Federal and State Laws American Sign Language (ASL) Appropriate and/or Effective Auxiliary Aids and Services Suggestions for how to handle discrimination Public Accommodations: Interpreters and Auxiliary Aids Television Captioning...23 Emergency Announcements...23 Complaints Hearing Dogs Employment...25 Reasonable Accommodations Complaint Procedures...26 Using Sign Language and Oral Interpreters in an Employment situation Using Auxilary Aids in an Employment Situation...28 Transfer of Non-Essential Job duties Education...29 Public School Systems...30 State/Local/Private Colleges and Universities, and Other Post-Secondary Institutions Government State and Local Government Responsibilities under ADA Health Services...32 Americans With Disabilities Act (ADA)...32 Interpreters in the Health Care Setting...32 Tax Credits Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 5

6 Table of Contents Doctors, Dentists, Psychologist...33 Hospitals and Nursing Homes Meetings and Conferences...33 Landlord/Tenant Responsibilities Travel Services Hotels, Motels, Inns, Etc...35 TTYs and Amplified Telephones...35 Television Decoders...35 Safety Equipment Visual and Tactile Alerting Devices...35 Conferences or Events...36 Surcharge for Loan of Equipment...36 Removal of Architectural Barriers in Existing Hotel Facilities...36 New Construction and Renovation requirements Division of Vocational Rehabilitation Services...37 The Rehab Client s Responsibilities...37 Client Assistance Program Income Programs Social Security Administration...38 Other Income Programs Housing Rights of Deaf/HH/DB Persons in Private Housing New Construction...39 Responsibilities of Landlords, Condominium Managers, Homeowners, Associations & Building Owners...39 Filing Complaints About Public Housing Discrimination Law Enforcement Agencies Qualified Sign Language Interpreters Requirements of the Law The Law and the Rights of People Who are D/HH/DB and Emergency Telephone Access Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 6

7 Table of Contents 16. Courts Federal, State and Local State and Local...42 Federal Judiciary Lawyers/Attorneys Prisoners...44 PART II: TECHNOLOGY Hearing Aids...46 Hearing Aid Styles...46 Hearing Aid Types Questions to As Before Buying a Hearing Aid...48 Are Two Hearing Aids Better Than One? Cochlear Implants...49 How a Cochlear Implant Works Telecoils...50 Telecoil Interference...50 Automatic/Touchless Telecoils Purchasing a Hearing Aid With A Telelcoil Telecoils and Cochlear Implants Hearing Assistive Technology (HAT) Assistive Listening Systems Hardwired Personal Listening Devices Wireless Personal Listening Devices FM Systems Infrared Systems (IR) Induction Loop Systems (IL) ALS Applications Output Devices/Coupling Devices Microphones Soundfield Amplication Systems Alarms/Alerting Devices Wake-up Devices Paging Devices...58 Sound Signalers...58 Timer Devices Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 7

8 Doorbell Signalers...58 Table of Contents Warning Alarm Signalers...59 Weather Alert System...59 Emergency Warnings and Text Paging Systems Telephone/TTY Ring Signalers...61 Telecommunication Devices and Services...61 Amplified Telephones...61 Built-in Amplifiers...61 Portable Amplifiers Auxiliary Telephone Equipment Answering Machines...63 Voice Mail Transcription...63 Speaker Phones...63 Caller ID...63 Cell Phones...63 Choosing and Using a Cell Phone with Your Hearing Aid or Cochlear Implant Cell Phone Amplifiers Voice Over Internet Protocol (VoIP) Telephones for People with Both Vision and Hearing Loss Bluetooth Wireless Technology TTYs (Telecommunication Devices fro the Deaf)...67 Telecommunications Relay Services...67 Using the Relay Center to Make a TTY Call Making a Voice Call to a TTY User Voice Carry Over (VCO) Telephone How does Voice Carry Over Work? Using 2-line VCO Digital Cell Phone Compatibility with TTYs and VCO Phones...70 Captioned Telephone...70 CapTel Phone line CapTel Service...70 Wireless Telecommunications Pagers...71 Smartphones...71 Checklist for Choosing the Right Pager/Smartphone Device Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 8

9 Table of Contents Video and Internet Relay Services Internet Protocol Relay (IP Relay) Video Relay Service (VRS)...73 Video Remote Interpreting (VRI) Speech-to-Text Services...74 Speech-to-Text Systems...74 Differences and Similarities in Speech-To-Text Systems...74 C-Print and TypeWell Captioning Laws Regulating Captioning Placing Captions on Videos Types of Captioning Exceptions Made by the FCC CART (Communication Access Realtime Translation) One-on-One CART Overhead CART Internet CART Speaker Image Captioning Broadcast Captioning Webcast Captioning PART III: TECHNICAL INFORMATION Membership Organizations National and State...79 National Association of the Deaf (NAD) Wisconsin Association of the Deaf (WAD) Hearing Loss Association of America (HLAA)...80 Hearing Loss Association of Wisconsin (HLAA-WI)...80 American Association of the Deaf-Blind (AADB) Other Membership Organizations Parents Education Guidelines...82 Early Identification of Hearing Loss...83 Determining Your Child s Needs Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 9

10 Table of Contents Continuum of Services (Educational Options)...84 Factors That Influence Choice of Educational Programs Classroom Acoustics...85 Acoustical Factors in Classrroms...86 Resources/Articles on Acoustics Funding sources for Hearing Aids and Hearing Assistive Technology...87 Funding for Hearing Aids Health Care Plan American Speech-Language-Hearing Association...88 Government Agencies...88 Department of Vocational Rehabilitation (DVR)...88 US Veterans Administration...88 Medicare...88 Wisconsin Medicaid- General Eligibility Wisconsin First Step WisLoan Program Katie Beckett Medicaid Eligibility Option Private Agencies ABC for Health AUDIENT Allicance for Accessible Hearing Care HIKE Fund, Inc. (The Hearing Imparied Kids Endowment Fund) Lions Affordable Hearing Aid Project (Lions-AHAP) Miracle-Ear Childrens s Foundation...91 SERTOMA International (SERvice TO MAnkind)...91 Starkey Hearing Foundation/ Hear Now...91 Sources of Funding in Wisconsin for TTYs Amplified Telephones, Captioned Telephones 91 Telecommunications Equipment Purchase Program (TEPP). 91 Telecommunications Assistance Program. 92 Sources of Funding for Both Adults and Children Civic and Service Organizations Hearing Aid & Cochlear Implant Funding Filing a Complaint Employment Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 10

11 Table of Contents ADA Title I...93 The Complaint Letter Rehabilitation Act of Section 501 of the Rehabilitation Act of Section 503 of the Rehabilitation Act of Section 504 of the Rehabilitation Act of Section 508 of the Rehabilitation Act of Section 188 of the Rehabilitation Act of Wisconsin Fair Employment Law...97 Public Services...98 ADA Title II: Public Services...98 ADA Title II: Public Transportation...98 Public Accommodations...99 ADA Title III...99 Telecommunications Relay Services ADA Title IV Telecommunications Products and Services Telecommunications Equipment Television Programming Other Laws Hearing Aid Compatibility (HAC) Television Decoder Circuitry Act Televised Emergency Programming Sources of disability Rights Information Federal Agencies Rules and Regulations Individuals with Disabilities Education Improvement Act Fair Housing Amendments Act of Air Carrier Access Act of Voting Accessibility for the Elderly and Handicapped Act Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 11

12 Table of Contents National Voter Registration Act of Architectural Barriers Act of Civil Rights of Institutionalized Persons Act Hearing Care Professionals Audiologists Hearing Aid Dealer/ Hearing Instrument Specialist Otologist/Otolaryngologist/Ear Nose & Throat (ENT) Physicians Finding a qualified Audiologist or Hearing Aid Dealer Communication Services Sign Language Interpreter Types of Sign Langauge 113 Interpreter Specialities.113 Oral Interpreters/Oral Transliterators Tactile Signing. 113 Cued Speech..113 Signed English Codes/Systems..113 Interpreting Credentials Code of Professional Conduct Principles of Ethical Behavior Computer Access Realtime Translation (CART) Situations Where CART is Used Benefits of CART CART Reporter Credentials Consumer Bill of Rights Legal Aid Where to Find Legal Aid in Wisconsin The State Bar of Wisconsin Legal Aid Programs and Services Community Dispute Resolution Program (CDRP) Centers Division of Vocational Rehabilitation (DVR) Accessing DVR Determining if you are eligible for DVR services DVR Services Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 12

13 Table of Contents 35. Wisconsin Telecommunications Realy System What You Can Expect From a Communication Assistant (CA) Using Telephone Services With The Relay Tax Incentives for Improving Accessibility Disabled Access Tax Credit Tax Deduction Using Annual Incentives State of Wisconsin Government Services PART IV: APPENDIX Appendix A: Sample Letter Requesting a Sign Language Interpreter Appendix B: Request Form for Accommodation in Court System Appendix C: Sample Complaint Letter for Refusal of Interpreter Appendix D: Sample Complaint letter for Refusal of Workplace Accommodation Appendix E: Title II Discrimination Complaint Form Appendix F: Rider Complaint Form Rights Dictionary Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 13

14 ACRONYM GUIDE ACRONYM DEFINITION AADB ADA ADAAG ALD ALS CAP CapTel CART CDHH C-PRINT db DB D/HH DHS DVR EEOC EMI ENT FCC FHA IDEA IP HLAA HLAA-WI HUD IPE American Association of the Deaf-Blind Americans with Disabilities Act (Federal law) ADA Accessibility Guidelines Assistive Listening Device Assistive Listening System Client Assistance Program Captioned Telephone Communication Access Realtime Translation Center for the Deaf and Hard of Hearing Computer Caption Print Decibel DeafBlind Deaf/Hard of Hearing Department of Health Services (Wisconsin) Division of Vocational Rehabilitation Equal Employment Opportunity Commission Electromagnetic Interference Otolaryngologist (Doctor who specializes in ears, nose and throat) Federal Communication Commission Fair Housing Act (Federal law) Individuals with Disabilities Education Act Internet Protocol Hearing Loss Association of America (Formerly, Self Help for Hard of Hearing People) Hearing Loss Association of Wisconsin Housing and Urban Development Individualized Plan for Employment 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 14

15 ISDN NAD Integrated Services Digital Network National Association of the Deaf ODHH RID SSA T-COIL TDI TTY TV UFAS VCO VOIP VP VRI VRS WAD WisRID WITA WFEA or WFEL WTRS Office for the Deaf and Hard of Hearing Registry of Interpreters for the Deaf Social Security Administration Telephone coil Telecommunications for the Deaf, Inc. Telecommunication Device for Deaf or Hard of Hearing Television Uniform Federal Accessibility Standards Voice Carry Over Voice Over Internet Protocol Video Phone Video Remote Interpreting Video Relay Service Wisconsin Association of the Deaf Wisconsin Registry of Interpreters for the Deaf Wisconsin Interpreting and Transliterating Assessment Wisconsin Fair Employment Act or Wisconsin Fair Employment Law Wisconsin Telecommunications Relay System 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 15

16 ACCESS SYMBOLS Access symbols are intended to promote and publicize accessibility of places, programs and other activities of people with various disabilities. Symbols appearing on this page are nationally recognized access symbols for Deaf/HH/DB. These symbols sometimes appear with a white image on a black background as they are easier for people with low vision to see. Note: Other symbols that appear in this handbook have been created by the authors and are not nationally recognized access symbols. Access for Individuals Who are Blind or Have Low Vision Used to indicate access for guided tours, tactile tours, museum exhibitions that may be touched, and nature trails or scent gardens in a park. Audio Description Uses a trained Audio Describer who offers live or recorded commentary or narration (via headphones and a small transmitter) for concise, objective descriptions of visual elements of video and theater performances or a visual arts exhibit. A service for people who are blind or have low vision. Telephone Typewriter (TTY) A device used with the telephone for communication with and between Deaf/Hard of Hearing/ DeafBlind and speech impaired and/or hearing persons. Also known as a text telephone (TT), or telecommunications device for the deaf (TDD). Volume Control Telephone Indicates the location of telephones that have handsets with amplified sound and/or adjustable volume controls. Large Print Indicates materials are printed in 18 point or larger text. Used to indicate that large print versions of books, pamphlets, museum guides, theater programs and conference or membership forms are available. Information Symbol Used on signage or on a floor plan to indicate the location of information or security desk. Indicates more specific information or materials concerning access accommodations and services is available. Closed Captioning (CC) Indicates a choice for whether or not to display captions for a television program or videotape. Braille Symbol Indicates that printed material is available in Braille, including exhibition labeling, publications and signage. Assistive Listening Systems Indicates systems are available that transmit amplified sound via hearing aids, headsets or other devices. Includes infrared, induction loops, and FM systems. Sign Language Interpreter Indicates sign language interpretation is provided for a lecture, tour, film, performance, conference or other program Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 16

17 Part I Rights 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 17

18 1. Rights of Persons Who are Deaf, Hard of Hearing or DeafBlind People who are Deaf, Hard of Hearing or DeafBlind (D/HH/DB) have a right to clear and effective communication so they can understand and be understood. Effective communication means that people who are D/HH/DB are given exactly the same information that people who can hear are given and that result in equal access. This right is stated in numerous federal and state laws, the most well known being: Americans with Disabilities Act (ADA) 42 USC of 1990 (P.L ) - (Federal law) Title I Prohibits discrimination in all employment practices, conditions, and privileges of employment for employers having 15 or more employees. Title II Prohibits discrimination against qualified individuals with disabilities in all state and local government programs, activities and services of public entities. Title III Covers places of public accommodations including, but not limited to: hotels, restaurants, theaters, doctors offices, pharmacies, lawyers, retail stores, museums, libraries, parks, private schools and day care centers. Title IV Requires that telephone companies provide telecommunication relay services that allow individuals with hearing or speech impairments to communicate using a TTY or other non-voice device. Also requires that all television public service announcements produced or funded in whole or in part by the Federal government include closed captioning. Employers, state and local governments and places of public accommodations are required to provide appropriate auxiliary aids and services that result in effective communication upon request. The Rehabilitation Act of 1973 Section 504, 29 USC 794 (Federal Law) This act focuses on nondiscrimination by stating that no individual with a disability can be denied access to any program or activity that receives federal funds because of his/her disability. Programs that receive federal funds must be barrier free and must provide "reasonable accommodations" such as interpreters, assistive devices, transportation, etc., when needed. Wisconsin Apprentice, Employment and Equal Rights Programs Chapter 106 (State Law) Prohibits discrimination against persons with disabilities in apprentice programs, employment programs, and equal rights programs in housing, public places of accommodation or amusement, postsecondary education, education. Wisconsin Fair Employment Law: Sections of the Wisconsin Statutes (State Law) 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 18

19 Provides that it is unlawful for employers, employment agencies, labor unions, and licensing agencies to discriminate against employees and job applicants because of disability. Under these laws, people who are D/HH/DB, have a right to a qualified sign language interpreter, auxiliary aid, and/or other service(s) to achieve effective communication so they can benefit from the same services other people receive. American Sign Language (ASL) ASL is a manual language separate from English (or any other spoken langauges) and whose idioms and concepts cannot be directly translated to English. ASL sentences, grammar and syntax are different than English. ASL is as much a foreign language to English speaking persons as is French or German. ASL sentences do not follow English word order. Direct translation of English, as with written notes, into ASL may not necessarily give the right message. A person who is D/HH/DB, should always be asked what type of auxiliary aid and/or service is necessary to ensure effective communication. Some examples are: Appropriate and/or Effective Auxiliary Aids and Services A certified/qualified sign language interpreter An oral interpreter Clear line of sight to the interpreter Communication Access Realtime Translation (CART) Amplified sound equipment A quieter room Assistive listening systems/devices Telephones compatible with hearing aids Telephone handsets that are amplified (makes louder) Telecommunication devices for deaf persons (TTYs) Notetakers Captioned videos Brailled or enlarged material How will you know if you have been discriminated against? Ask yourself the following questions: Was I treated differently from a person without a disability? Was I treated fairly? If you believe you were discriminated against, how should you handle it? In a calm and composed way, try to solve the problem. What You Should Know 1. An employer is not required to provide a reasonable accommodation that will impose/result in an undue hardship to the business. 2. An auxiliary aid that may be useful in one setting may be useless in another setting or to another person. 3. Individuals who are D/HH/DB do not have to pay for an interpreter, auxiliary aid and/or other services. 4. Personal hearing aids are not considered a reasonable accommodation. Suggestions for how D/HH/DB can handle discrimination If you yell or are nasty, people will not listen to you. They will only remember that you yelled and were nasty Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 19

20 Tell the person responsible for the discriminating about your hearing loss (D/HH/DB). Tell the person why you feel the discrimination is unfair. Tell the person what kind of help you need. Offer to help in getting rid of the discrimination. Make notes of the date, time & location of the discrimination and the name and title of the person responsible. If you feel you have been discriminated against, try resolving the problem with the appropriate person(s). If this isn t effective, you may need to file a complaint. See Part III. If you have been discriminated against and cannot solve the problem yourself, contact: Office for the Deaf and Hard of Hearing (ODHH) Division of Long Term Care Department of Health Services One West Wilson Street Room 451 PO Box 7851 Madison, WI TTY Toll Free V Fax: [email protected] Website: Filing a complaint for discrimination The specific law violated determines: >The time-frame for filing a complaint. >The government agency the complaint is filed with, >The process for filing the complaint, To determine where and how to file a complaint, see Part III. To review a sample complaint letter, see Part IV Appendices C & D 2. Public Accommodations: Interpreters and Auxiliary Aids Title III of the Americans with Disabilities Act (ADA) says places of public accommodation must give persons who are D/HH/DB equal opportunity to participate in and benefit from their services by providing auxiliary aids and/or services to ensure effective communication. Places of public accommodation must change their policies when necessary to provide equal access to services and buildings. Example: Allowing a customer to take a service animal into a business. Note: Private clubs are not covered by the ADA, except to the extent the facilities of the private club are made available to customers or patrons of a place of public accommodation. Places of public accommodation include over five million private establishments. This includes both profit and non-profit establishments regardless of their size Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 20

21 Examples of places of public accommodations include: Amusement parks Hospitals Private schools Attorney/lawyer offices Hotels, motels, inns Recreational programs Banks Insurance agencies Restaurants Bowling alleys Laundromats Retail stores Convention centers Libraries Shopping centers Day care centers Museums Social service agencies Dentists offices Optometrists offices Stadiums Doctors offices Parks Theaters Dry cleaners Pharmacies Zoos Health spas What You Should Know 1. The ADA requires removal of structural communication barriers that are in existing facilities, by installing: Flashing alarm systems (fire, etc.) Permanent signage Adequate sound buffers Entry systems that do not depend on hearing to operate 2. Whenever a school or education building is built or remodeled, the ADA Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS) must be followed: This includes: Public telephones Emergency warnings and alarms Assembly areas ALDs Elevators Signage Visual devices in sleeping rooms 3. Businesses may need to instruct employees to accept TTY Relay Center and/or other calls made through a relay service, even though such calls take longer to complete. A public accommodation is not required to provide an auxiliary aid and/or service if: If it can show that providing the accommodation will impose/result in an undue hardship. Undue hardship criteria: Decided for each case The accommodation is excessively: Costly Extensive (Far-reaching) Substantial (Large) Disruptive (Upsetting, hurtful) If the accommodation would fundamentally alter the nature or operation of the business Is undue hardship measured by the amount of income the business is receiving from a client, patient, or customer who is D/HH/DB? Undue hardship is measured by the cost to the overall operation. A business may be responsible for providing auxiliary aids/services even if it does not make a sale or receive income from a customer who is Deaf/HH/DB. Note: A place of public accommodation is required to provide alternate (another/different) auxiliary aid/service if there is one Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 21

22 Tax Credit The cost of interpreters and other auxiliary aids and/or services may entitle a business to an income tax credit, as well as the usual business-related expense deduction. For information contact: IRS Office of the Chief Counsel PO Box 7604, Ben Franklin Station Washington, DC V DC area, or Toll Free, or TTY Toll Free For technical assistance and additional information about how laws against discrimination apply to people who are D/HH/DB, contact any of the following offices: Office for the Deaf and Hard of Hearing TTY Toll Free Voice [email protected] Fax: DBTAC Great Lakes ADA Center U. S. Department of Justice--ADA Home Page National Association of the Deaf Law Center TTY/V Midwest Center on Law and the Deaf A local attorney A local enforcement agency 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 22

23 3. Television Captioning Emergency Announcements No matter what is being broadcast, if local broadcasters, cable operators, or satellite television (TV) services make an emergency announcement the information must be accessible to people who are D/HH/DB. Emergency announcements include: weather warnings school closings What You Should Know chemical spills large fires earthquakes flood warnings tornado warnings If an emergency announcement is provided by voice, it must also be provided in one of the following forms: open captions a scroll closed captions a crawl 1. Emergency announcements in the form of visual emergency information: a. Must include all the important details about the emergency and what the viewer should do b. Must avoid blocking closed captioning and, closed captioning must not block the emergency information Complaints If there are no captions or there is a problem with the captions when you know your TV set is OK, call your local TV station or cable company to check on the problem. For tips on emergency preparedness Find information and resources on the Community Emergency Preparedness Information Network website at The Community Emergency Preparedness Information Network (CEPIN) Project is coordinated by TDI and supported by Cooperative Agreement Number 2004-GT-T4-K008 administered by the U.S. Department of Homeland Security, Office of Grants and Training. Viewers may file a complaint with the Federal Communications Commission (FCC) if a broadcaster is not following the rules. Viewers may contact the broadcaster first, but this is not required. File a complaint with: Federal Communications Commission th SW Washington, D.C V / TTY Fax: / [email protected] 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 23

24 4. Hearing Dogs Most people are familiar with Seeing Eye Dogs used by some persons who are blind. Hearing dogs are service animals that assist persons with other kinds of disabilities in their day-to-day activities. A trained hearing dog alerts the D/HH/DB person by touching him/her with a paw or nose, then leading him/her to the source of everyday sounds, such as: Smoke or burglar alarms Alarm clock rings An intruder Baby cries Door knocks Telephone/TTY rings Other household noises Wisconsin Statute (3) (am) prohibits a public place of accommodation or amusement from denying full and equal access or charge a higher price to a person with a disability or a service animal trainer accompanied by a service animal. Public places include: Apartment building Billiard parlor Elevator Inn, hotel, motel Restaurant Trailer park Barber shop Boat, train, taxi-cab Colleges, schools Movie theater Store Other Federal laws that protect the D/HH/DB person s right to be accompanied by their service dog in all places of public and housing accommodations are: Air Carrier Access Act of 1986, C.F.R Miscellaneous provisions, C.F.R Seat assignments, C.F.R (a)(3) - Seat accommodations. Protects a qualified person s right to fly with a service dog. Fair Housing Amendments Act of 1988, 42 U.S.C , Section Prohibits discrimination on the basis of disability in matters relating to housing. Complaints against public places that refuse admission of a hearing dog may be filed with Wisconsin s Department of Workforce Development, Equal Rights Division, or with the appropriate federal agency, i.e. U.S. Department of Justice. Lawsuits may be brought against persons who violate hearing dog laws or they may be criminally prosecuted under state and/or federal law. HARRASSMENT Per Wisconsin law ( ), a person who recklessly or intentionally interferes with the use of a service dog, injures a service dog, or allows his or her dog to interfere with or injure a service dog is subject to a Class B misdemeanor, a Class A misdemeanor, a Class I felony, or a Class H felony and can be prosecuted. The ADA and Service Animals The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to do some things that persons with a disability cannot do for themselves, such as: Alerting persons with hearing loss to sound Pulling wheelchairs Carrying and picking up things for persons with mobility impairments Assisting persons with mobility impairments with balance Guides persons with vision impairment to have safe travels For assistance in finding a list of organizations and trainers contact an Office for the Deaf and Hard of Hearing Regional Coordinator, for a staff directory Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 24

25 5. Employment The following laws protect qualified employees with disabilities against employment discrimination: Americans with Disabilities Act (ADA) - (federal law covers employers with fifteen or more employees) Wisconsin Fair Employment Act (WFEA) (state law covers all employers regardless of the number of employees) The Rehabilitation Act of 1973 Section 504 (federal law) Title I of the ADA covers a person who is qualified for a job. Qualified: able to perform the important duties of a job, with or without reasonable accommodations. Employers may not discriminate in any way in: The hiring process Recruitment Job duties Pay Training Promotions Benefits Time off Lay off Firing Or any other employment related activities What You Should Know What an employer cannot do in a hiring process: 1. Ask you questions about your hearing loss or other disability. 2. Force you to take a medical examination before the job is offered to you. 3. Refuse to hire you because you are D/HH/DB if you can do the important parts of the job with accommodations. 4. Punish you for trying to get your rights. 5. Discriminate against you because a person in your family, business, or social group is D/HH/DB or has another disability. What an employer can do in a hiring process: 1. Ask if you can do the job with or without reasonable accommodations. 2. Ask you to show how you will do the job, with or without reasonable accommodations. 3. Require you to pass a medical exam before you are hired or after the job offer, if other people being hired for the same kind of job must also take a medical exam. Reasonable Accommodation Reasonable accommodation is any change to a job or work environment, or the way things are done, that allows a qualified D/HH/DB person to have an equal employment opportunity. The ADA requires reasonable accommodation to: Ensure equal opportunity in the application process. Enable an employee to perform an essential function of a job. Allow an employee to enjoy equal benefits and privileges of employment Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 25

26 Examples of reasonable accommodations include: Flashing lights Computer modifications Job restructuring Reassignment to a vacant position When an employer feels he/she cannot provide the requested or preferred accommodation. Under both the ADA and WFEA, the employer is not required to provide a reasonable accommodation that will result in an undue hardship to the business. The employer must explain what accommodations would be too difficult or cost too much. An employee with a disability can refuse to accept an accommodation, aid, service, opportunity or benefit. However, if the employee cannot do the important functions of the job without the accommodation, he/she is no longer considered a qualifed individual with a disability. Undue hardship criteria: According to the ADA Undue hardship applies when an accommodation is excessively: Costly Extensive (Far-reaching) Substantial (Large) Disruptive (Upsetting, hurtful) Would fundamentally alter the nature or operation of the business According to WFEA - The employer would need to demonstrate that the accommodation would pose a hardship on the employer s program, enterprise or business. Hardship criteria is decided for each case individually. Complaint Procedures: Non-Federal Employees If you think your employer has discriminated against you because you are D/HH/DB, you have several choices: 1. Meet with the employer s ADA coordinator or human resource office to discuss the discriminatory action. If you and your employer cannot agree how to solve the situation, you can ask for a mediator (a neutral person), to try to solve the problem. 2. File a discrimination complaint in writing under the ADA or WFEA as soon as possible. A charge must be filed with the EEOC (ADA Title I) within 180 days from the date of the alleged violation. This 180-day filing deadline is extended to 300 days if the charge is also covered by a state or local anti-discrimination law. WFEA allows 300 days of the alleged discrimination for an employee to file a complaint Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 26

27 It may be easier for people who are D/HH/DB to meet with the EEOC or Equal Rights staff in person. Ask for an interpreter or assistive listening device when filing a complaint. Federal Employees Sections 501 and 504 of the Rehabilitation Act of 1973 require the Federal government to: 1. Hire and promote disabled employees. 2. Treat people who are D/HH/DB the same as other people. 3. Be willing to make reasonable accommodation so people who are D/HH/DB can do their job and have equal access to job benefits and activities. If a federal employee who is D/HH/DB is denied reasonable accommodations, he or she should file a complaint within forty-five days of the denial with the Equal Employment Opportunity (EEOC) office at the federal agency where he/she works. * Additional help may be available for both Non-Federal and Federal Employees from a union. The duty to provide reasonable accommodations includes the following workplace situations: Trainings Safety talks Employee benefits Counseling Career counseling Other employment-related activities The reasonable accommodations that must be provided will depend on: 1. The needs of the D/HH/DB person. 2. The requirements of the job. 3. The work environment. What You Should Know Reasonable accommodations may involve changes in procedures, such as: 1. Putting oral information in writing. 2. Scheduling staff meetings in advance so arrangements can be made for interpreter or ALD service. 3. Allowing an employee to have a trained signal dog at work. Using Sign Language Interpreters in an Employment Situation Effective communication is very important for successful job performance. Title I of the ADA and the WFEA require that reasonable accommodation must be made for employees with disabilities unless it would result in a hardship to the business. A sign language interpreter is an accommodation an employee may request. Interpreting involves translating the spoken word into sign language and vice versa to allow people who are D/HH/DB to communicate with hearing persons Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 27

28 Signing and interpreting These two words are often confused. Signing: An individual who knows sign language is someone who can function in only one language at a time without the ability to interpret from one language to another. Interpreting: An individual who has formal training in the process of interpreting between two different languages. ** For more information regarding interpreters and credentialing please see Communication Services in Part 32** For updates and current information on Interpreter certification, visit the ODHH website at or contact an ODHH Regional Office. Telecommunication Devices Using Auxiliary Aids in an Employment Situation Many jobs require employees to use the telephone. With TTYs and relay services, amplified and captioned telephones, and other recent changes in telecommunication equipment, an employee who is D/HH/DB can do their work successfully. Visual and Tactile Alarms When a fire or other alarm sounds, employees who are D/HH/DB may not know of the danger unless the alarm includes a flashing strobe light or a tactile vibrating device. What You Should Know 1. If other employees are allowed to use telephones for emergency and other important personal calls, a person who is D/HH/DB must also have a TTY, amplified or captioned phone to make such calls. 2. Safety features available to other people must be equally available to D/HH/DB employees. 3. Visual aids must be provided in buildings built after the ADA if emergency warning systems are used in a building. 4. Visual alarms or an alerting procedure must be provided when a person who is D/HH/DB is alone in a room, office, living or sleeping quarters Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 28

29 Transfer of Non-Essential Job Duties Job duties that are most difficult to accommodate for employees who are D/HH/DB are: Use of the telephone Communication with the public A reasonable accommodation for employees who are D/HH/DB is to transfer non-essential job duties: 6. Education Transfer telephone, and other job duties, to other employees Give employees who are D/HH/DB a variety of assignments Transfer some of the job duties to another job classification The following laws regulate school systems in Wisconsin: Federal Laws: Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act Title II Individuals with Disabilities Education Act (IDEA) of 2004 State Law: Wisconsin Statute Chapter 115 Wisconsin law provides educational services for children with disabilities from birth to age twenty-one. Parents should contact their local school district as soon as a hearing loss is suspected or detected. Note: Parents have the right to request the type and form of education best suited to the needs of their individual child or children. When there is a disagreement about a child s educational plan or related service, parent s have problem solving resources available to them. A handbook for parents, Special Education in Plain Language is available on the Department of Public Instruction website at index.html. What You Should Know Telephone communication may be necessary for the school and parent to communicate directly about illnesses, schedules, discipline of a child, activities, and other problems. Public schools must be accessible to parents who are D/HH/DB Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 29

30 PUBLIC SCHOOL SYSTEMS D/HH/DB students, parents, and/or school employees are entitled to accessible buildings, auxiliary aids and/or services to benefit from school activities. The IDEA (federal law) requires public school systems to provide a free appropriate public education to children who need special services because they are D/HH/DB. The Office for Civil Rights, ADA, and Section 504 require that D/HH/DB students, parents, school employees, etc. be given access to all programs and activities offered by a school system. What You Should Know 1. Auxiliary aids and services may not be charged to D/HH/DB students, parents, school employees, etc. 2. School systems need to inform D/HH/DB people how to request auxiliary aids and/or services. 3. Failure to provide auxiliary aids or services including a qualified sign language interpreter is discriminatory. Programs and Activities Offered by School Systems* School board meetings Extracurricular programs Teacher conferences Recreational activities Social and cultural activities Adult education Summer school Hobby classes * This list is only a sample and is not intended to be inclusive. STATE / LOCAL / PRIVATE COLLEGES AND UNIVERSITIES, AND OTHER POST- SECONDARY INSTITUTIONS State, local and private colleges and universities, and other post-secondary institutions have obligations under both federal laws ADA and Section 504 to provide effective communication with both their hearing and D/HH/DB students. Colleges or universities receiving any federal financial assistance or loans must: Provide accommodations for D/HH/DB students. Follow civil rights rules for every program within the college or university. College Activities Extracurricular activities Off-site internships Activities open to the public Activities open to part-time students What You Should Know 1. Colleges may suggest students apply for benefits they are eligible for, including participation in a vocational rehabilitation program, however, they cannot require the student apply for these benefits. 2. If the student is not eligible for such services, the college or university is responsible for qualified interpreters and/or other auxiliary aids and /or services 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 30

31 7. Government STATE AND LOCAL GOVERNMENT RESPONSIBILITIES UNDER ADA Title II of the Americans with Disabilities Act (ADA) forbids discrimination by any public entity, including all types of state and local government agencies: Commissions Social service agencies Courts Councils Libraries Legislatures Recreational Facilities Schools State/county/city departments and agencies of all kinds The ADA applies to activities of the above entities and to the activities of subcontractors. Public entities must modify their policies and practices when necessary to prevent discrimination. Example: A facility with a no pets allowed requirement must modify that requirement to permit a person who is blind or D/HH to use a service animal. What You Should Know Local and state agencies and public entities are required to provide people who are D/HH/DB: Effective communication Equal access Equally effective services Local and state agencies and public entities must: Provide people who are D/HH/DB the opportunity to participate in their programs. Give people who are D/HH/DB the same opportunity to participate that is given to others. Provide auxiliary aids and services to give equal opportunity to participate and enjoy the benefits of a service, program, or activity conducted by a public entity. Ask the person who is D/HH/DB what type of auxiliary aid and/or service is necessary to ensure effective communication Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 31

32 8. Health Services AMERICANS WITH DISABILITIES ACT (ADA) The ADA states that hospitals, physicians and nursing homes have a federal obligation to provide auxiliary aids and/or services to patients who are D/HH/DB. Note: The Department of Justice does not allow a hospital, physician or nursing home to charge a patient or family member for the cost of the auxiliary aid. What You Should Know If your doctor/health care provider asks you to bring a family member or a friend to interpret, you should say NO. Family members and friends cannot be expected to be neutral and interpret everything they hear. They may be emotionally or personally involved with you and this affects their interpreting. Using family or friends as interpreters can cause problems with privacy and confidentiality that may negatively affect the ability to interpret effectively, accurately, and impartially. To protect you, the family member may not give all the information needed. You might not feel comfortable asking or answering some questions in front of a family member or friend. Family members or friends do not usually meet the qualification requirements of the law. Interpreters in the health care setting Federal laws do not require certification for interpreters. Federal laws require an interpreter to be qualified. A person who is not formally trained as an interpreter generally does not have the skills to function as a medical interpreter. Hospitals are strongly advised to use adequately trained interpreters to avoid the possibility of mistakes due to poor communication. The Department of Justice specifically cautions against the use of family members or friends as interpreters. Inpatient facilities must make their telephones, televisions and other services accessible and usable by people who are D/HH/DB. Tax Incentives for Improving Accessibility Tax credits may be available for the expenses of accommodating patients who have disabilities. The tax credit, established under Section 44 of the Internal Revenue Code, was created in 1990 specifically to help small businesses cover ADA-related eligible access expenditures. This credit, available only to businesses with thirty (30) or less full time employees or businesses with gross revenues under one million dollars annually, will greatly reduce the cost of such accommodations for physicians Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 32

33 DOCTORS, DENTISTS, PSYCHOLOGISTS, OTHER MEDICAL PROVIDERS The ADA requires doctors, dentists, psychologists, and other medical providers to provide interpreters or auxiliary aids and/or services for medical visits and other medical-related situations. These costs are a business expense. The patient cannot be charged for the costs of providing an accommodation. HOSPITALS AND NURSING HOMES Failure of a hospital, nursing home, or health care facility (both in and out-patient) to provide effective clear communication and equal services could make the health care provider liable for medical malpractice and discrimination. Under Section 504 of the Rehabilitation Act of 1973, programs that receive federal financial assistance are required to be equally accessible to people who are D/HH/DB. All facilities open to the public are required to be equally accessible under the ADA of 1990, whether or not they receive federal financial assistance. Critical times when effective communication must be provided? When important medical information is being explained When being admitted for care When medical procedures are being explained When informed consent (agreement) is required for treatment At the time of discharge 9. Meetings and Conferences Businesses or organizations frequently lease space in places of public accommodations for: Events Conferences Seminars Meetings The business or organization hosting the event must provide appropriate communication access for persons who are D/HH/DB upon request. A contract may be used to determine whether the landlord (owner or manager of the facility) or the tenant (renter/user of the facility) is responsible for accommodations. Accommodations must be made without cost to the person who is D/HH/DB Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 33

34 Landlord/Tenant Responsibilities Both the landlord and the tenant have obligations under the ADA. The Landlord (owner or manager of a conference center or hotel) Generally is responsible for: Making readily achievable changes Barrier removal Providing auxiliary aids - o TTY telephone device o Amplified telephones o Amplification equipment for presentations Changing policies, practices, or procedures applicable to all tenants The Tenant (renter or user of the facilities) Has first obligation to provide auxiliary aids and/or services for the event, such as: Interpreters Captioned Videos 10. Travel Services Private travel services and tour guides have obligations under Title III of the ADA to persons who are D/HH/DB that contract for public tours and services. A travel service or tour guide must, upon request, provide a traveler who is D/HH/DB auxiliary aids and/or services. Auxiliary aids and/or services must be provided without charge to the traveler and the traveler must be asked what type of aid or service is necessary to ensure effective communication. These services should be set up with the tour service at the time the trip is being arranged. Cruise ships are more accessible today, however, persons who are D/HH/DB should ask about services and entertainment aboard ship ahead of time to assure accessibility. Foreign cruise lines that dock at U.S. ports are subject to the ADA as long as it does not conflict with international laws. The Air Carrier Access Act and the Department of Transportation have procedures to insure that passengers with disabilities have the same opportunity as anyone else to enjoy a pleasant flight. Airlines must provide enplaning, deplaning, and connecting assistance, including both personnel and equipment. Airport terminals and airline reservation centers must have telephone devices and amplified phones for persons with hearing or speech impairments. Passengers with vision or hearing impairments must have timely access to the same information given to other passengers at the airport or on the plane concerning gate assignments, delayed flights, safety, etc Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 34

35 11. Hotels, Motels, Inns, Etc. Title III of the Americans with Disabilities Act (ADA) requires hotels, motels, inns, or other places of public lodging (hereafter referred to as facilities) be accessible to guests with disabilities. Exception: Buildings in which the owner lives and does not exceed more than five (5) rooms for rent. Public facilities must provide auxiliary aids and services to guests who are deaf, hard of hearing, or deafblind to ensure effective communication. Facilities are expected to accept calls from persons using a Relay Center and may not make additional charges for using the relay to call hotel services. TTY and Amplified Telephones If telephone service is routinely available for guests, the ADA and Department of Justice require hotels, motels, or other places of public lodging to provide access to phone service for guests who are D/HH/DB. Places of public lodging meet this requirement by: Providing a TTY at the front desk in order to take calls from guests who use a TTY in their room. This allows the guest to: o Call the front desk. o Order room service. o Request wake-up calls or alarm clock services. Providing amplified telephones in guest rooms Television Decoders Facilities that provide televisions in five or more (5+) guestrooms shall provide, upon request, a way for guest who are D/HH/DB to use captioning. The Television Decoder Circuitry Act of 1990 required all televisions with screens thirteen inches or larger, whether manufactured in the United States or imported, be capable of displaying closed captioning without the aid of external equipment. This law went into effect on July 1, Most facilities today have televisions that were manufactured after this date. Safety Equipment Visual and Tactile Alerting Devices To provide equally accessible services, facilities must provide visual and tactile notification/alerting devices for guests who are D/HH/DB. These include, but is not limited to: A telephone ringer connected to a light that flashes. A bed vibrator that shakes the bed when the telephone or doorbell rings. A fire or smoke alarm A weather alert alarm An intercom 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 35

36 What You Should Know 1. Safety equipment can be permanently or temporarily installed in a guestroom. 2. Local fire codes may require facilities to have visible flashing smoke alarms with adequate strobe and candela power to alert a D/HH/DB guest of an emergency. 3. Where entry to a facility requires use of a security entrance telephone, a TTY or other effective means of communication must be provided for guests who are D/HH/DB. 4. Facilities are not required to have a business TTY for receiving or making routine business telephone calls since callers who are D/HH/DB can use the Relay Service to make reservations or call hotel guests. Conferences or Events When a facility provides entertainment or leases space for conferences, conventions, etc., the event must comply with the ADA and be accessible to people who are D/HH/DB. The Department of Justice regulations state that the renter is responsible for providing access to its conferences or performances. Both the owner of the facility and the renter have a responsibility to comply with the requirements of the ADA. Surcharge for Loan of Equipment The ADA prohibits facilities from charging or surcharging the person who is D/HH/DB for the use of auxiliary aids and/or services. Note: If the facility charges a deposit to all patrons who need loaned equipment, it may charge a deposit to a person who is D/HH/DB for the use of an auxiliary aid. Refundable deposits are a way to ensure the equipment is available to comply with the ADA. The deposit cannot be more than the value of the equipment loaned. Many facilities ask for the person s drivers license which is held until the borrowed equipment is returned. Removal of Architectural Barriers in Existing Hotel Facilities Architectural barriers for people who are D/HH/DB include barriers that are structural in nature and prevent equal access to goods and services. Examples include: Poor acoustics Voice only intercom or entry systems No TTY payphones No visual smoke alarms No visual notification system The facility must remove such barriers only if removal of the barrier is easily accomplished and able to be carried out without much difficulty or expense. New Construction and Renovation Requirements New construction and renovations to existing facilities must comply with strict requirements explained in a federal document titled the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) : A facility must have a certain percentage of guest rooms accessible for D/HH /DB guests Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 36

37 Assistive listening or amplification systems must be provided in facility meeting rooms, assembly areas, and conference rooms with at least 50 fixed seats (a minimum of 2 receivers, or 4 per cent of total number of seats, whichever is more). Elevators must have visual control indicators and emergency two-way communications systems that do not require voice communication. Installation of pay TTY telephones and amplified telephones where public telephones are available. 12. Division of Vocational Rehabilitation Services Under Wisconsin Division of Vocational Rehabilitation Services (DVR), a person who is D/HH/DB who is found eligible for DVR services has the following rights: Confidentiality Individualized Plan for Employment (IPE) Cost (DVR services are usually provided at no cost to the client.) Appeals Note: An IPE is a written plan of action to help a DVR client reach their employment goal. The plan must be agreed to by DVR. DVR client responsiblities: You must tell your DVR counselor if you get a job. You must follow through on the responsibilities listed in your IPE. You must keep appointments or contact your DVR counselor if you cannot keep an appointment. You must provide accurate information about yourself and contact DVR at least once a month or more often with updates to your case. What You Should Know To determine eligibility DVR may obtain information, as necessary, from other programs and providers such as: Educational institutions Social Security Administrations Physicians/hospitals Others who know about the person s disability The person with the disability A family member What You Should Know If you or, if appropriate, your representative is not satisfied with any DVR decisions concerning the provision or denial of services, you may request a timely review of those determinations. This process may include: Informal resolution Mediation Impartial hearing Client Assistance Program The Client Assistance Program (CAP) is available to help persons who are D/HH/DB to understand their rights and responsibilities as an applicant or client of Division of Vocational Rehabilitation services. For more information on eligibility, services, rights and responsibilities, or for assistance with a fair hearing, call a CAP counselor at V/TTY. A CAP information sheet is available online at Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 37

38 13. Income Programs Social Security Administration Section 504 of the Rehabilitation Act of 1973, as amended, requires the Social Security Administration (SSA) to provide customers who are D/HH/DB with certified/qualified interpreters, auxiliary aids and/or services when necessary. To set up an appointment at a local office and to request a certified/qualified interpreter, auxiliary aids and/or services: 1. Contact your local SSA office directly, or 2. Call TTY, Toll free; recorded information V If you feel the SSA did not treat you fairly, you can file a complaint. Instructions on how to file a complaint are online at There may be a time limit on filing complaints. Check with SSA. Other Income Programs What You Should Know 1. A person who is D/HH/DB, may provide their own auxiliary aid and/or interpreter, but the district and/or branch manager and/or Administrative Law Judge may or may not authorize payment for such services. 2. If SSA or the person who is D/HH/DB determines that the communication is not accurrate, the SSA interviewer will: a. Stop the interview until appropriate auxiliary aids and/or services are located. b. Protect the filing date, if applicable. Other income programs are usually under state or local government offices. The rights of people who are D/HH/DB to auxiliary aids and devices and to interpreters when dealing with these offices is found in this section # 7 Government. 14. Housing People with disabilites are protected against housing discrimination by: The Federal Fair Housing Act (FHA) and amendments Section 504 of the Rehabilitation Act of 1973 Title II of the Americans with Disabilities Act Architectural Barriers Act of 1968 Wisconsin Fair Housing Law, Chapter 106 of Wisconsin State Statutes Rights of D/HH/DB Persons in Private Housing The Fair Housing Act prohibits discrimination based on disability by: Landlords Real estate sellers Condominium management companies Homeowners associations 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 38

39 Types of discrimination that have been based on disability include: Refusal to rent or sell housing Make housing unavailable Set different rules or conditions for sale or rental or use of housing New Construction Buildings with more than four (4+) units that were first ready for occupancy after March 13, 1991, must be designed and constructed to be accessible to persons with disabilities. This includes: Building entrances Recreation areas Laundry areas What You Should Know Landlords receiving any funding from the Section 8 housing program, or other programs of the U.S. Department of Housing and Urban Development (HUD), must pay for: Installation of flashing doorbells Visual notification systems Other modifications Qualified interpreter(s) or auxiliary aids when necessary for effective communication Unless it creates an undue financial burden and administrative burden. ( What You Should Know The ADA doesn t cover residential housing. Exception: 1. Areas open to the public such as the rental office must be accessible under Title III of the ADA. 2. A person who is D/HH/DB, can request an interpreter or auxiliary aid if needed to accomplish effective communication. Responsibilities of Landlords, Condominium Managers, Homeowner Associations & Building Owners* Permit individuals who are D/HH/DB to make reasonable modifications to the premises if the changes are necessary for full enjoyment of the dwelling: Allow tenants who are D/HH/DB to make reasonable changes to rental unit or condominium at their own expense. The landlord may, where reasonable, require a renter to restore the interior of the premises to how it was before the changes were made. Make reasonable changes in rules, policies, practices and/or services to allow a person who is D/HH/DB full enjoyment of the dwelling: Allow a person who is D/HH/DB to keep an assistance dog even when there is a no pets policy. Honor a request for an assigned parking space from a tenant who has mobility impairments. Provide an equally effective alternative for visitors and tenants who are D/HH/DB when an intercom or other coded entry system is used Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 39

40 Provide interpreters or auxiliary aids for participation in condominium or association meetings. * Federal Fair Housing Act and the 1988 Amendments Complaints about Public Housing Discrimination can be filed with HUD: V Toll Free TTY Toll Free There are several ways to file a complaint: call, file online, print out a form and mail it, or write a letter including specific information. Instructions are available at There may be a time limit on filing complaints. Contact HUD for information. If you need assistance, contact the Office for the Deaf and Hard of Hearing. For information about Wisconsin laws or about auxiliary devices and services contact an Office for the Deaf and Hard of Hearing Regional Coordinator: Law Enforcement Agencies State and local law enforcement (police) agencies must provide clear communication with persons who are D/HH/DB. Without effective, good communication, violations of constitutional and civil rights can occur. The agency must give primary consideration to providing the aid or service requested by the person who is D/HH/DB. When interpreters are needed, agencies must provide interpreters who can interpret effectively, accurately, and impartially. Many law enforcement agencies in the United States receive financial assistance from one or more (1+) federal agencies and are under the requirements of Section 504 of the Rehabilitation Act. Each federal agency must issue rules explaining the Section 504 responsibilities of its funding recipients. Each federal agency must explain its own Section 504 enforcement procedures. Section 504 requires law enforcement offices to provide qualified sign language interpreters or other auxiliary aids and/or services for communication with persons who are D/HH/DB Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 40

41 Section 504: If a person who is D/HH/DB is arrested, the arresting officer s Miranda warning should be communicated to the person arrested. If a certified/qualified interpreter(s) is not available, the Miranda warning must be printed on a form approved for such use by the law enforcement agency. Without an interpreter present and without the Miranda warning in print form, verbal commnication is inadequate. Note: The law enforcement agency must be aware that some people who are D/HH/ DB have very limited English language skills, and require an interpreter to make certain the printed message is understood. Qualified Sign Language Interpreters: Requirement of the Law The Americans With Disabilities Act (ADA) As of January 26, 1992, all state and local law enforcement agencies, even if they did not receive any federal funds, are prohibited from discrimination based on disability. A person who is D/HH/DB has a right to effective communication in any setting so that they can understand and be understood. Law enforcement agencies are required to provide certified/qualified sign language interpreters and/or other assistive aids and/or services. If communication is neither complex or lengthy, and if the English language is understood by the person who is D/HH/DB, a notepad and written materials maybe be sufficient to permit effective communication. Important facts about the law and the rights of people who are D/HH/DB Law enforcement agencies often videotape all communications with defendants who are deaf to make sure the communication was effective. Interpreter services or other assistive aids and/or services must be available to victims and complainants who are D/HH/DB. Law enforcement agencies sponsoring programs such as informational workshops and educational programs must provide people who are D/HH/DB with assistive aids and/or services upon request. What You Should Know 1. The law enforcement agency must provide the communication aids and services needed to communicate effectively with people who are D/HH/DB, without cost to the individual. 2. The law enforcement agency should not question a person who is D/HH/DB until an interpreter or other assistive aid and/or service is available. 3. An interpreter or assistive aid and/or service should be present (or available) during all communications. 4. If the person who is D/HH/DB, the interpreter, or a law enforcement official determines that the interpreter is not providing effective communication, another certified/qualified interpreter should be brought in Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 41

42 911 and Emergency Telephone Access Section 504 and Title II of ADA require public entities provide emergency telephone services, including 911 service, to have TTYs installed for direct access to and from callers using TTYs and computer modems. The ADA requires that the TTY be maintained in operable working condition. Section 504 also requires public entities to have TTYs available for public use if hearing persons are permitted to make both incoming and outgoing calls. Important Information Users of video relay services do not have access to Courts Federal, State and Local State and Local Judiciary The Americans with Disabilities Act (ADA) requires all state and local courts to: Provide sign language interpreters, or other appropriate auxiliary aids to D/HH/DB people who go to court. Pay the costs for the interpreter and auxiliary aid. The ADA protects all people involved in court activities, including: Person in a law suit Audience Witnesses Jurors D/HH/DB parents of minors (under age 18) Attorneys What You Should Know 1. Some state courts have laws that allow state judges to pass the cost of interpreter services to the deaf person as court costs. However, these laws violate the ADA. 2. Court officers should discuss what the best accommodation would be with the D/HH/DB person. 3. Parents are participants: and are entitled to certified/quali-fied interpreters or other auxiliary aids and services during court. The ADA applies to all court proceedings in state and local courts, including: Civil Family relations Criminal Juvenile Traffic Other specialized courts Small Claims The ADA applies to court activities such as: Educational activities Communications with clerks and other court personnel 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 42

43 What You Should Know The Wisconsin Director of State Courts Office has established a long-range program to improve court interpreter services and to create a system for certifying court interpreters. Information on court services is available online at Federal Judiciary The Federal Judiciary is not subject to either the ADA or the Federal Rehabilitation Act of However: The Judicial Conference of the United States has voluntarily agreed to conform to the ADAAG (ADA Accessible Guidelines) standards, and to provide accommodations to participants in Federal Court proceedings who are hard of hearing, deaf or have other communication disabilities, at court expense: Sign language interpreters, and Other appropriate auxiliary aids and services Not all Federal Judiciary follow the guidelines Federal courts will give primary consideration to participant's choice of auxiliary aid or service. Note: These requirements apply only to attorneys, parties, and witnesses. They do not require accommodations for courtroom spectators. 17. Lawyers/Attorneys Lawyers/Attorneys are a public accommodation and subject to Title III of the Americans with Disabilities Act. They are required to provide reasonable accommodations for clients who have disabilities including clients who are deaf, hard of hearing, or deafblind. An attorney may not refuse to accept a client because of their disability. An attorney may not charge a client who is D/HH/DB for the interpreter or the costs associated in hiring an interpreter. The client who is D/HH/DB should always be asked what type of auxiliary aid and/or service is necessary to ensure effective communication. Services should not be based on fee arrangements or whether the case is being handled in one of the following ways: Flat or hourly rate Contingency Pro-bono As part of a legal insurance package Or other arrangement 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 43

44 18. Prisoners Prison staff often do not understand the special communication needs of prisoners who are D/HH/DB so often the prisoner is: Denied their basic legal right to access. Excluded from rehabilitation programs and prison services. A Section 504 rule of Rehabilitation Act of 1973 says detention and correctional (prison) agencies must: Make sure their programs and activities are accessible to prisoners who are D/HH/DB. Provide a sign language interpreter or other auxiliary aids and services so D/HH/DB prisoners can benefit from the same prison services other prisoners receive, including disciplinary meetings. Jails and prisons operated by a state or local government are subject to Title II of the Americans with Disabilities Act. Reasonable accommodations must be provided for inmates who are D/HH/DB. What You Should Know 1. A detention or correctional agency (facility) must: a. Provide a TTY for D/HH/DB prisoners to use if hearing prisoners are allowed telephone access. b. Provide an extended amount of time to use the TTY due to its consecutive nature. c. Provide same telephone calls hours for D/HH/DB prisoners as for hearing prisoners. d. Allow D/HH/DB prisoners to reach the 800 number of the statewide TTY relay Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 44

45 Part II Technology 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 45

46 19. Hearing Aidsids The National Institute on Deafness and Other Communication Disorders defines a hearing aid as: an electronic, battery-operated device that amplifies and changes sound to allow for improved communication. Hearing Aid Styles Hearing aids receive sound through a microphone The microphone converts the sound waves to electrical signals The amplifier increases the loudness of the signals and then sends the sound to the ear through a speaker There are two basic styles of hearing aids for people with sensorineural (nerve) hearing loss: Body and Ear Level aids. Ear Level Hearing Aids: Behind-the-Ear (BTE) Worn behind the ear with earmold that fits inside the outer ear Sound travels through the earmold into the ear Used for mild to profound hearing loss May have a telecoil, directional microphone and/or DAI May cause feedback due to fit of earmold, or the build up of earwax or fluid In-the-Ear and Half Shell (ITE & HS) Fits completely in the outer ear Used for mild to moderate hearing loss Options available may include a telecoil (T-coil)* and directional microphone Rarely has capability for Direct Audio Input (DAI)* Can be damaged by earwax and ear drainage May have adjustment and feedback (whistle/squeal) problems In-the-Canal (ITC) Fits the size and shape of the ear canal Used for mild to moderately severe hearing loss May have a telecoil Options available may include a directional microphone and T-coil *Telecoil and Direct Audio Input are discussed later in this section Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 46

47 Completely-in-Canal (CIC) Fits in the ear canal Used for mild to moderately severe hearing loss May be difficult to adjust and remove Can not hold a telecoil, directional microphone or DAI Can be damaged by earwax and ear drainage Body Aids Generally used when other types of aids cannot be used Used by people with profound hearing loss and infants whose ears are not large enough for other types of hearing aids Attaches to a belt or pocket and is connected to the ear by a wire Has a volume wheel Has optional features such as a telecoil and DAI Microphone is omnidirectional (360 degrees) only With newer technology in BTE hearing aids, body aids are rarely used today Hearing Aid Types Analog, adjustable, programmable and digital hearing aids are available in BTE, ITE, ITC and CIC aids. Analog/Adjustable Volume and other specifications determined by audiologist Has a volume wheel Amplifies all sounds equally Provider has some flexibility to make adjustments May be able to tune for low or high frequency (pitch) May have a telecoil and DAI Aid is built to specifications in a laboratory Least expensive May be preferred by older hearing aid users and people with profound hearing loss Difficult to match amplification needs of user to the hearing aid Analog hearing aids are being replaced by digital technology Analog/Programmable Provider uses a computer to program the hearing aid May have volume wheel Has a variety of listening channels May have remote control Circuitry (electronics in the hearing aid) has more than one program or setting Has optional remote control device so wearer can change the program to match the listening situation May have directional microphone BTEs and ITEs connects well to assistive listening device Also being replaced by digital technology 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 47

48 Digital/Programmable Provider can adjust hearing aids to a variety of listening conditions by programming channels Greater ability to fine tune hearing aid to client s hearing loss Offers most user control May have volume wheel May have remote control BTE connects well to assistive listening device Built in limitations for loudness control Automatic adjustment to different listening situations Most expensive although some manufacturers have models which may be less expensive than analog/programmable hearing aids Questions to ask before buying a hearing aid Are there any medical or surgical considerations or corrections for my hearing loss? Which hearing aid style is best for my hearing loss? What is the total cost of the hearing aid? Is there a trial period to test the hearing aid(s)? What fees are nonrefundable if the hearing aid(s) is returned after the trial period? Is there a handling fee? How long is the warranty? Can it be extended? Can it be transferred if you move? Are there any fees associated with the warranty? Does the aid have both a manufacturer and a dispenser warranty? If yes, how are they different? Does the warranty cover future maintenance and repairs? Does it cover hearing aid loss? Can the audiologist/hearing aid dispenser make adjustments and provide servicing and minor repairs? Will loaner aids be provided when repairs are needed? What instruction does the audiologist provide? Does the hearing aid have a telecoil? Hearing aids will not restore normal hearing or eliminate background noise. Are two hearing aids better than one? Hearing takes place in the brain and the brain needs reliable information from the ears in order to interpret sound. If hearing test indicate two hearing aids are needed and only one is used, the brain s chances of hearing and understanding are reduced by 50%. Reasons to wear two hearing aids include: What You Should Know Location of sounds is improved Understanding speech increases Wisconsin Statute Ch requires that a hearing aid seller must provide a Sounds are more natural guarantee that is at least equal to the Better hearing in a noisy environment manufacturer s guarantee of a hearing aid. Loud sounds are more comfortable Both sides of the brain receives stimulation Word recognition may be preserved Hearing sensitivity may be improved 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 48

49 20. Cochlear Implants A cochlear implant is a small electronic device that may provide useful hearing and improved communication abilities. Persons who are considered candidates for an implant have a severe to profound hearing loss in both ears and receive little to no benefit from hearing aids. The implant is surgically placed under the skin behind the ear that has the least amount of hearing ability. The implant has four basic parts: Microphone picks up sounds in the environment Speech Processor selects and arranges (puts into digital form) sounds picked up by the microphone Transmitter and receiver/stimulator receives sounds from the speech processor and converts them into electric impulses and delivers them to the appropriate electrodes on the array implanted in the cochlea Electrodes collects impulses from the stimulator and sends them to the auditory nerve where they are sent to the brain to be interpreted An implant does not restore or create normal hearing. Instead, under the appropriate conditions, it can give a person a useful auditory understanding of the environment and help him or her to understand speech. NIDCD Web site How cochlear implants and hearing aids differ Cochlear implants transform speech and other sounds into electrical energy which stimulates functioning auditory nerve fibers in the inner ear Cochlear implants have both internal (inside body) and external (worn outside body) components Hearing aids simply amplify sounds Hearing aids have external components (parts) only How a cochlear implant works The external component of a cochlear implant may be ear level or it may be body worn with a cable connecting the processor to the headpiece behind the user s ear. 1. Sound is picked up by a directional microphone. 2. Sound is sent from the microphone to the speech processor. 3. The speech processor analyzes and digitizes the sound into coded signals Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 49

50 4. Coded signals are sent to the transmitter via radio frequency. 5. The transmitter sends the code across the skin to the internal implant. 6. The internal implant coverts the code to electrical signals. 7. The signals are sent to the electrodes to stimulate the remaining nerve fibers. 8. The signals are recognized as sounds by the brain, producing a hearing sensation. In recent years the guidelines for who qualifies for a cochlear implant have changed to include those persons who receive minimal benefit from a hearing aid in one or both ears. The result of this is that more CI users are using a hearing aid in the non-implanted ear. Possible advantages to using a hearing aid with an implant are: Improved speech reception in both quiet and in noise Improved ability to locate where sound is coming from Continued stimulation of the non-implanted ear 21. Telecoils The telecoil is a miniature magnetic receiver that consists of a small wire wound around a copper wire and connected to a sensitive amplifier inside a hearing aid. As an induction coil it only picks up an electromagnetic signal. When the hearing aid is switched to the T position, the telecoil turns off the microphone in the hearing aid and picks up the electromagnetic signal from a sound source such as a hearing aid compatible telephone receiver, room or neck loop or silhouette inductor. The hearing aid changes the signal back to sound and sends the sound to the ear. A telecoil is also referred to as: T-coil, T-switch, induction coil, or audio coil. Telecoils work best in Behind-The-Ear, In-The-Ear, and Body Worn hearing aids. Smaller hearing aids may lack space for the coil. The strength of the electrical current created in the telecoil by the electromagnetic field depends on: The amount of energy in the magnetic field. The position of the induction coil in the hearing aid in relationship to the magnetic field in the telephone or loop. It is possible for little or no electrical current to be created in the coil. In this case, the signal (speech) is weak or absent all together. Telecoil interference The performance of a telecoil can be affected by other sources of man-made electromagnetic signals that may produce a buzzing sound: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 50

51 Fluorescent lights Television screens Airplanes Computer monitors Electrical panels Digital mobile phones Electric motors Power cables Store security walk-throughs Automatic/Touchless telecoils With a touchless T-coil, the user places the phone close to the ear and the telecoil automatically turns on. However, the strength of the magnetic field of floor induction loops and neckloops may not be strong enough to trigger this T-coil. Purchasing a hearing aid with a telecoil When buying a hearing aid, ask the audiologist/hearing aid provider about a telecoil. Request a strong, pre-amplified (power) telecoil. Request that the telecoil be positioned for both loop and telephone use. Ask the dispenser to explain the options of the microphone/telecoil combination (M/T switch) and the straight telecoil (T-switch). Ask that the telecoil be programmed to work with the microphone of the aid (M/T switch) if possible. If you do not have a M/T switch, try using one hearing aid in the telecoil setting and the other without the telecoil. This allows you to hear your own voice and other conversations around you. If you wear two hearing aids, ask that a telecoil be put in both aids.. Telecoils and cochlear implants Hearing aid compatible phones are necessary to make use of the telecoil. The following measures, used with hearing aids, also work with the telecoil in a cochlear implant. Move the telephone handset over the processor to find the strongest signal. Avoid sources of interference. Adjust the volume of the telephone until the best setting is found. 22. Hearing Assistive Technology (HAT) Hearing assistive technology (HAT) refers to devices, programs and services that help persons who are D/HH/DB live more independently. Examples of hearing assistive technology includes: Assistive listening devices Soundfield FM systems Alarms and alerting devices Telecommunication devices and services Wireless Telecommunications Video and Internet relay services Video remote interpreting 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 51

52 Assistive Listening Systems Assistive listening systems (ALSs) are equipment which amplify sounds allowing people who are D/HH/DB to participate more fully in programs and activities. Due to the fact that hearing aids and cochlear implants do not discriminate between background noise and the sound the listener wants to hear, they are not successful in every situation. Even when 10% of a message is lost, subtle conversational cues are missed. The microphone of an ALS can be placed near the source of a sound so that it is apt to pick up the desired signal (sound) over background noise. ALSs improve listening in an adverse environment, making effective communication possible. Essentially, they improve what is known as the speech or signal to noise ratio. This is done by: Decreasing background noise Reducing the effect of distance Overriding poor acoustics ALSs are some times called Assistive Listening Devices (ALDs). Why are assistive listening systems used? People who are HH require the volume of a signal (sound) to be increased about by 15 to 25 decibel (db) in order to hear the sound the same as people with average hearing. ALS can increase the volume of a sound source without making the sound too loud for everyone else. When delivered directly to the ear by an ALS, soft sounds in the high pitch frequency (pitch) range are more easily heard and understood. Using an ALS can decrease stress and fatigue that comes from listening hard to get the message. The feature that distinguishes the various types of ALSs is the method used to send the signal from the microphone to the listener. Parts of ALD and their function: Microphone Takes in sound Transmitter Receiver Coupling device Sends sound signal across a distance Picks up the sound signal and converts it into words Transmits sound to the listener s ear or the signal. There are four primary listening devices and systems: Hardwired personal listening systems FM systems Infrared systems Audio loop systems 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 52

53 Hardwired Personal Listening Devices Hardwired listening devices are useful in situations involving only a few other people and/or when the environment is noisy. They are relatively inexpensive and are composed of three basic components: A small microphone which frequently can be slightly extended with a wired patchcord to increase listening distance. An amplifier, with a volume control and sometimes a tone control, which picks up the signal from the microphone and sends it on to an output device. A receiver or output device, such as headphones or personal induction neckloop. Most hardwire listening devices are portable, and battery operated. These, however, are limited to one-on-one communication. Wireless Personal Listening Devices Link-it Array Microphone System Link-it is an ear level wireless assistive listening device used with a hearing aid or cochlear implant equipped with a telecoil to improve the understanding of speech in noisy situations. A user may choose to wear the device on one ear or on each ear. Link-it contains three directional microphones that work together to produce a 7-10 db improvement in signal to noise ratio. This microphone array permits sound to be received from in front of the wearer and transmits it to either a BTE or ITE hearing aid through the aid s built-in telecoil. Sounds coming from the rear or sides of the user are suppressed. Provides twice as much directivity as most directional microphones An alternative to FM for many hearing aid users FM Systems FM systems pick up the sound/signal at the source and transmit, or broadcast it, to a body worn receiver using FM radio frequency waves. A FM system can broadcast over a large area or can be used as a oneon-one system. FM systems can send signals through walls and buildings. The transmitter and receiver must be on the same frequency setting. When different systems are being used in adjacent rooms, or in close proximity to each other, each system must use a different frequency. The receiver is small and can be handheld or clipped to clothing. Both are battery operated. There are two types of transmitters. For an assembly room equipped with a microphone and/or public address system, a stationary transmitter may be connected directly to the existing audio equipment. A portable transmitter, much the same physical size as the receiver, may also be connected to a public address system, but will not have the range that a stationary transmitter offers. For one-on-one use, the portable transmitter can be used. FM systems for an assembly/meeting room can use either one stationary transmitter or a single portable transmitter and any number of receivers. One-on-one FM systems utilize one portable transmitter and one receiver. Infrared Systems (IR) Infrared systems use infrared light to transmit the audio signals from one or several IR emitters (transmitters) to small specialized receivers worn by users. Because light does not pass through walls, they guarantee confidentiality. IR receivers are available in different styles. Under the chin receivers are often found in theatres and similar public venues. These receivers generally cannot be used with a hearing aid. Other types of receivers can be handheld or be worn with a lanyard around the user s neck. This style can be used with hearing aids equipped with a telecoil or DAI. Therefore, the signal can be received without interference, both styles of receivers need to be in direct line of sight with the emitter Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 53

54 As with FM systems, there are different types of emitters (transmitters): For an assembly room equipped with a microphone and/or public address system a stationary emitter, or emitters, may be connected directly to the existing audio equipment. For one-on-one use a portable, battery operated emitter much the same physical size as the receiver is available. For home entertainment use, such as television and stereo listening, a small stationary emitter can be connected directly to the television or stereo system. Induction Loop Systems (IL) The components of an induction loop system consist of an amplifier, a wire that runs along the edge of the room (or a designated area) and a microphone. The sound signal is picked up by the microphone and sent to the amplifier which is connected to the induction loop. The current that flows through the loop generates an inductive field inside the loop which is picked up by the T-coil in the hearing aid. To pick up the signal the listener must sit within or near the loop. For T-coil users the telecoil serves as the receiver for the signal so there is no need to couple with any other device. The user only needs to switch his/her hearing aid to the T-coil setting. Receivers are available for listeners who do not wear hearing aids or who do not have T-coils in their hearing aids. Induction loops have many applications. In addition to large area uses, such as churches, auditoriums, theaters, and courtrooms. They can also be used in any number of transient venues. A partial listing of such venues follows: Drive through banks and fast-food places Ticket windows Bank and credit union teller stations Information booths Hotel registration desks Induction loops can also be used in the home to improve TV listening. If the user has a MT (mic + T- coil) on their hearing aid, they will be able to hear other room sounds as well as people in the room talking to them. ALS Applications ALSs have many applications. Hard-wire systems are useful in situations where people are close to one another. FM, IR and Induction Loop Systems can be used for both large and small area amplification. While some applications may not be the system of choice now, they may become so in the future. Application HW FM IR IL Application HW FM IR IL Home/family gatherings x x x x Busy street x x Shopping center x x Noisy restaurant/cafeteria x x Meetings/conferences x x x Telephone calls x x x TV/music listening x x x x Classrooms x x x 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 54

55 Outings/excursions/tours x x Cars/mini vans/trucks x x x Trains/trams/buses x x x Cycling/golfing/jogging x Theater/concerts/movies x x x Church services x x x Key: HW = Hardwired IR = Infrared IL = Induction Loop Output Devices/Coupling Devices All listening systems, personal listening devices, FM, infrared and induction loops, require some form of output or coupling device. Coupling devices transmit the signal from the receiver of an ALS to the ear or hearing aid. How this is accomplished depends on whether or not the individual is wearing hearing aids or has a cochlear implant and if the hearing aid/implant has a telecoil or not. Output to the ear without a hearing aid or to a hearing aid without a T-coil: In this situation the person uses headphones, earbuds or earphones the same as they would if listening to a radio. Coupling to a hearing aid: If the person is wearing hearing aids and has a T-coil, he/she flips the switch on the hearing aid from mic to the T or MT position and the signal is sent directly to the hearing aid. This prevents weakening of the sound and delivers the best sound quality possible to the individual s ear. Coupling devices can send sound to one or both ears. They include neckloops and silhouettes. The silhouette fits between the hearing aid and the user s head. A direct audio connection from sound sources such as personal listening devices (FM, IR and induction loop receivers) other sound sources (radio, TV, tape/cd player) or external microphones, can be routed directly to a socket on the bottom of a behind-the-ear, and some ITE, hearing aids, via a cord. This is referred to as DAI (Direct Audio Input). Some hearing aids may accommodate miniature FM receivers that connect directly to the hearing aid via the direct audio input connector on the hearing aid. They receive the sound signal from a small transmitter that is handheld, hung around the neck of the speaker or worn on the speaker s body. The range for sound pickup is limited to 40 feet. Coupling to a cochlear implant (CI): Cochlear implant users can use an ALS in much the same manner as hearing aid wearers that have DAI, by connecting a patch cord from the listening system to a body worn speech processor. Ear level cochlear implants often have a T-coil and the listener can use a neckloop for listening the same as a hearing aid user does. With an induction loop system the CI user needs only to switch to the T-coil position. Headphones, earbuds and earphones convert the signal to sound. A coupling device receives an audio signal that creates an electromagnetic field. Neckloops and silhouettes, bring the wire of the coupler close to the wire in the hearing aid so induction can take place. The hearing aid changes the electromagnetic field to sound and sends it directly to the person s ear. Microphones Assistive listening devices generally have their own microphone. However there may be other microphones that provide a greater benefit to a person Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 55

56 Omnidirectional microphones pick up sounds from all around (360 degrees and may bring in too much sound for the desired signal (voice) to be heard clearly. Directional microphones pick up sounds from the direction they are pointed towards thus decreasing background sounds. They need to be pointed towards the sound the listener wants to hear in order to pick up the signal. Microphones come in many different styles and are used in a variety of situations. o o o o o o o o Proper Use of Microphone Avoid covering mouth with microphone Hold handheld microphone about two inches from the chin Clip lapel microphone on collar or upper lapel Avoid gesturing with microphone Don t walk away from stationary microphone Avoid shuffling papers near microphone Avoid turning head away from lapel microphone Know if microphone is omni directional or unidirectional Soundfield Amplification Systems Soundfield FM amplification systems are small PA systems that can be used in a variety of situations to amplify a speaker s voice. Typically soundfield FM systems have 2 or more speakers. When using more than one speaker, the speakers are placed around the room. Depending on the system and number of speakers being used, the system may be used for small, moderate, or large room. The presenter/speaker speaks into a microphone and her/his voice is sent via FM radio transmission or infra red signals to a receiver/amplifier which amplifies the voice. The speaker s voice is amplified by db creating an optimum listening environment. Soundfield amplification systems are ideal for traveling presenters and can be used in many different situations: o o o o o o Training facilities Outdoor education Senior centers Conference rooms Classrooms Meeting situations Using soundfield FM amplification has many potential benefits to both the presenter and to the audience: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 56

57 Improved understanding of content Decreased distractibility Decreased requests for repetition of content Increased audience participation Increased confidence for hard of hearing participants when speaking Increased ease of both listening and presenting Reduced vocal strain and fatigue for presenters Reduced fatigue for listeners Decreased stigmatization of audience members who are hard of hearing Increased in seating options for members of the audience who are hard of hearing Limitations of Soundfield Systems May provide limited benefit in an excessively noisy environment Speakers may be inappropriate in number and position Small rooms may result in feedback problems Lack of knowledge about how to use and maximize the benefits of the soundfield system Alarms /Alerting Devices There are various alerting and alarm systems that let people who are D/HH/DB know that there is a sound in their environment that they may need to respond to. A device may be wired to alert the person of several different sounds, or it may stand alone to alert the person of only one specific sound. A signal may be visual (flashing light); auditory (an increase in loudness); or vibrotactile (a vibrator). Devices that are wired to alert a person to several different sounds may use a simple code, such as a different number of flashing lights, to indicate the source of the sound. Alerting and alarm systems include: Wake-up devices Doorbell signalers Paging devices Smoke alarm signalers Sound signalers Warning alarm signalers Timer devices Telephone or TTY ring signalers Wake-up Devices A wake-up device may have a single function, such as a flashing light, or it may have a combination of the following functions: Loud alarm with adjustable tone and volume AM/FM radio Bed shaker Pillow vibrator Flashing lights Paging Devices By sending a flashing, vibrating, beep, or chime signal body worn pager systems alert a person who is D/HH/DB that they are needed. The signal can be activated at will by someone using an additional 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 57

58 component that sends a signal to a receiver worn by the user. Two-way text pagers will be covered under communication devices. Sound Signalers Sound signalers alert persons who are D/HH/DB to any number of sounds. They can be placed near a phone, alarm clock, kitchen timer, or near a baby. (*The sound signaler should NOT be placed in a baby s crib.) An adjustable sensitivity control may allow detection of sounds as soft as a baby s whisper How do sound signalers work? Signalers may be wireless and send a signal to a wireless receiving unit. Some signalers plug into an electrical outlet and when activated send a signal through the wiring to receivers placed in other areas of the home that are connected to a lamp or a vibrator. At least one remote receiver is necessary. A signaler may have a pluglet allowing a lamp to be plugged directly into it. Additional remote receivers can be used as well. Timer Devices Timer devices are useful when cooking or to remind a person when it is time to take medication, as well as for other purposes. They may be worn on the wrist, set on a counter, clipped to a belt, stuck to a metal surface by a magnet or mounted on a wall. They alert a person by beeping, flashing, vibrating, or using a combination of these functions. Doorbell Signalers Doorbell signalers alert people who are D/HH/DB when someone is at the door. Some signalers work with existing doorbell or intercom systems. There are models that require wiring and other models that are wireless. Wireless doorbell signalers can be installed in seconds. Some signalers can be programmed for a select number of flashes as well as with different flash codes to indicate which door (or intercom) a visitor is at. Signalers may have a built-in chime for hearing members of the family. They may also have a built-in outlet that a lamp can be attached to. Most signalers can send to several remote receivers in the home. Smoke Alarm Signalers Visual smoke or fire alarm systems alert people who are Deaf or hard of hearing to emergency conditions even when they are sleeping. Alarm systems May consist of strobe lights that are very bright and that produce between 1 and 3 flashes per second. Have a light that has a clear or white lens as required by law. Have the words FIRE or SMOKE clearly visible on the lens or attached nameplate. Are recommended for commercial use. May have a built-in transmitter that sends a signal to a receiver turning on a vibrator or strobe. Visual alarm systems are normally installed on the ceiling or high on the wall. Install on an inside wall no closer than 4 inches or further than 12 inches from ceiling Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 58

59 Install no closer than 3 feet from registers that may blow on the alarm and prevent it from seeing smoke. Install no closer than 3 feet from kitchen or bathroom (with shower) door since steam can set off the alarm. Conventional Smoke Detector without Transmitter Smoke must travel up through the entire house before activating the detector on an upper floor wasting precious time for fleeing to safety. Smoke Detector with Transmitter Multiple smoke detectors can be placed at all levels and rooms of the home to detect the existence of smoke. Each activated transmitter sends an alert signal through ceilings and closed doors, directly to one or more receivers providing more warning time to get out safely. Hearing the Signal For people with hearing loss who have some residual hearing, there is an alarm the provides both low and high pitch frequency sound. See: Maintaining Your Alarm Read homeowner s booklet that tells you how to use and care for your alarm. Keep this booklet in safe place for future reference. Test at least once a month. Replace immediately if not working properly. Change batteries twice a year if the alarm operates on batteries. Use the right battery as indicated on the smoke detector. Check the power light periodically on smoke alarms that run on house power. Warning Alarm Signalers Systems are available that permit people who are D/HH/DB to be alerted to audible warning devices such as smoke, fire or carbon monoxide detectors, security alarms, weather alerts, gas leak alarms, etc. These systems can be used in single family homes, apartment buildings, dormitories and hotels and may have multiple transmitters and receivers. Warning alarm signals may be sent to several remote receivers at one time. Receivers may have a loud audible alarm, a bright strobe light, a strong body worn vibrater or bedshaker for when a person is sleeping. They are AC powered and may have battery back-up as an option in case of power failure. Transmitters are attached to the signal (sound) source of the device being monitored. Vibrations from the signal (sound) source activate the transmitter which then transmits a signal to all receivers coded to the same frequency. Signals can be transmitted up to 100 feet, depending on the structure of a building. Weather Alert System The Oceanic and Atmospheric Administration (NOAA) weather radios broadcast national Weather Service (NWS) warnings, watches, forecasts and other hazard information 24 hours a day. Broadcasts include: Weather events hurricanes, flash floods, and tornadoes State and local civil emergencies chemical spills, gas line breaks, derailments or AMBER Alerts How the weather alert radio works 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 59

60 When weather forecasters at local National Weather Service (NWS) Offices determine a severe weather event is occurring, about to occur, or a local authority determines a hazardous event has occurred, the information is put into a computer at the NWS office and broadcast by NOAA weather Radio (NWR) transmitters to personal weather alert radios in areas at risk. Radios that provide emergency information in text format are available for people who are D/HH/DB. A digital code added to the broadcast identifies the event tornado, local civil emergency, etc. When the warning is received, the receiver turns itself on, sounds an alarm, activates a warning light, writes a short message on the display, and activates connected external alerting devices, such as strobe lights, sirens, vibrators, etc. Emergency radios can be pre-programmed to receive local alerts and to filter out distant weather warnings. Emergency radios may be programmed to monitor up to 30 different counties within a person s reception area. A Time Condition Signal Filter helps eliminate nuisance false alarms. When battery-operated, the NOAA Weather Radio is portable and can be taken to work, school or on trips, including boating and camping. NOAA Weather Radio receivers may be equipped with special adaptations which convert the weather messages into large print and/or Braille version for people with low vision. To determine if the area you live in is covered by NWR - Visit and check coverage maps or station lists Emergency warnings and text paging systems Warnings received by a text pager show the entire text of a weather warning. Services that provide weather and natural disaster information is free and is available in all 50 states through both and pager. Regional and local emergency management agencies can also sign up to participate in this service. For an additional charge weather alerts may be available through a paging company. Check in your community to see if area TV stations have the ability to send weather watches and warnings via . Check to see if your county emergency management center provides free weather warnings via pagers. Beware that notifications going to a computer may be lost if electrical services are disrupted, or are inaccessible if you are not on the computer at the time an emergency alert is sent. To sign up to receive free weather, natural disaster alerts and homeland security information, go to: 1. Click on Wisconsin 2. Click on the county you live in 3. Complete the information asked for 4. Check the optional information topics you wish to receive notice of 5. Check how you receive your computer or Blackberry, cell phone, digital pager or FAX 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 60

61 Telephone/TTY Ring Signalers Telephone/TTY ring signalers alert persons with hearing loss to incoming calls through a vibrating signal, flashing light, amplified ringer or through a combination of these functions. Signalers with amplified ringers may have adjustable ring volume and tone controls as well as different ring patterns. A ring signaler, or alert, must be connected to the incoming telephone line just as if it were an extension phone instrument. The signaler may require the use of a dual jack adapter or a separate telephone jack. Some alerts can operate from the ring voltage and do not require any other power. Others may be powered by batteries or plug into an AC power outlet. Most telephone signalers work with analog phone lines but may not work well with digital phone lines. For digital phone systems a digital to analog adapter may be required. Telecommunication Devices and Services Telephones present a challenge to people with hearing loss. A variety of services and technology exist today that make it possible for people who are D/HH/DB to communicate with other people who have a hearing loss or with hearing people. Some devices amplify the auditory signal (caller voice). Others print text to paper, a display screen or computer monitor. Some telephone devices use a combination of amplification and printed message. Other services use a voice relay service or combine a visual image with American Sign Language. Amplified Telephones An inductive coupler fitted inside the phone, or telephone amplifier, emits a magnetic field whenever sound comes from the telephone. This magnetic field is picked up by the telecoil in the hearing aid. When the hearing aid is switched to the telecoil setting, background noise is cut off and only the person speaking on the telephone can be heard by the wearer. Amplifiers vary in terms of the amplification they provide. Following is a general guideline for determining how much amplification you may need: Mild hearing loss 18-28dB Moderate hearing loss-30-48db Severe hearing loss 50-55dB Advantages of Telecoils The gain (loudness) of the aid can be increased as much as desired without causing acoustic feedback. Inductive coupling deactivates the hearing aid microphone to shut out background noise. HEARING AID COMPATIBILITY ACT 1996 amendments to the Hearing Aid Compatibility (HAC) Act of 1988, mandates that all telephones manufactured within or imported to the United State, including corded and cordless phones, have volume control. Built-in Amplifiers Telephone amplification can be accomplished in a variety of ways. Both corded and cordless phones are available that provide varying levels of amplification. These phones may provide other special accessibility features as well: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 61

62 Boost button permits the user to go from normal telephone amplified volume to a present amplified level Tone controls permits the user to adjust tone of speaker s voice to match the user s hearing loss Ringer controls permits the user to set the loudness of the ringer to a comfortable volume for the user Audio output jacks permits the user to listen with both ears by coupling to the phone using headphones, a neckloop or ear bud(s) Portable Amplifiers Strap-on phone amplifiers strap onto the ear piece of any standard, cordless, cellular or pay telephone. These have volume control and may have tone adjustment for voice clarity, and is battery powered. This type of amplifier generally works best with a mild to moderate hearing loss. In-line amplifiers plug in between the handset and the base of the phone. Amplification varies amongst the various models. Some models have a tone selector that amplifies certain speech frequencies for sound clarity. In- line amplifiers are compatible with home and office phones and are compact and portable. Some are battery powered as opposed to other models that require a plug-in power supply. In-line amplifiers are available that provide hands-free communication. They are compatible with most phone systems and have a button that allows the user to switch from handset to headset. Some headsets are compatible with hearing aid T-coils. FM systems and personal listening systems, can be interfaced with corded phones to provide amplification as well. Auxiliary Telephone Equipment Auxiliary telephone equipment makes telephone use more accessible to people with hearing loss. Specific equipment includes: Answering machine & services Voic transcription (VMT) Speaker phone Caller ID Miscellaneous Tidbits Individual in-line amplifiers may not be compatible with all telephones. Amplified phones that are analog do not work with digital phone lines. In-line amplifiers do provide amplification when used with an analog phone that is connected to a digital phone line. Connectors are available commercially and through the company that installed the digital phone line that allow analog phones, modems, fax/modems, and fax machines to be connected to digital lines Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 62

63 Answering Machines A separate telephone answering machine is available that accepts both voice and TTY text messages. Has both volume and tone control as well as adjustable speed control to allow for replay of messages at a speed that best suits a person s hearing. A combination telephone and answering machine is also available. Takes both voice and TTY messages. This includes speaker phone. Voice Mail Transcription VMT A recent study shows that 70% of all business calls are answered by a voice mail system. Employees who are D/HH/DB do not have access to this system. Several companies today provide VMT services. For a small fee voice mail can be automatically forwarded to a service center where it is transcribed and sent to the computer of the D/HH/DB person. Instead of struggling to understand a message, the person who is D/HH/DB can read the message left by a caller on their . Companies providing this service can be found on the Internet. Speaker Phones Many telephones have speaker phones built into them. Both volume and tone controls allow for the best possible reception. When a hearing caller is on a speaker phone, it can be very difficult for a person with hearing loss to understand what they are saying. It may be necessary to ask them to use the phone handset. Caller ID Caller ID features may be either built into a phone or come as a separate piece of equipment. Cell Phones Most cellular telephones by themselves are NOT HEARING AID COMPATIBLE due to the radio signal from the cellular phone bleeding into the amplifier circuit of the hearing aid causing interference. To be used with hearing aids they require the use of some type of adapter or coupler. This requires connecting a magnetic field producing device, such as a neckloop or induction silhouette, to the audio output jack or hands free connector of the telephone. The method of connection varies from phone to phone and may require a special adapter from the telephone manufacturer. If a hearing aid is equipped with direct audio (DAI) input, a similar means of connection is available. Accessory devices place a distance between the phone and the hearing aid which reduces or eliminates electromagnetic interference. Some newer cellular telephones are equipped with Bluetooth output. There are some Bluetooth receiving devices which can be connected directly to a hearing aid via DAI or the receiving device can be connected to special induction neckloops and in turn be used with the telephone coil of the hearing aid. See Bluetooth later in this Part II Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 63

64 Choosing and Using a Cell Phone with Your Hearing Aid or Cochlear Implant The FCC required service providers and manufacturers to make available cell phones that can be used with hearing aids starting September 16, The percentage of handsets manufactured with reduced interference will reach 50 percent by February 18, The FCC further requires service providers and manufacturers to comply with an American National Standards (ANSI C63.19) and to show compliance with a label on the box. Cell phones that meet FCC regulations will be labeled with ANSI C63.19 standard rating M 3 or M 4 on the box. The higher the M number the more likely it is you will be able to use the phone with your hearing aid on the microphone setting. (M = microphone) Information about phones that meet the standard will also be shown on the display care by the phone in service provider operated retail stores and in the product s manual or packaging insert. Ask your hearing health care provider if your hearing aid has shielding for cell phone RF emissions or if the circuitry design has good immunity to interference. Consumers are advised to ask about a trial period before making a purchase. How the phone works for you in a store and how it works where you work or live may be very different. Make certain you understand the rules applicable to a trial period and that early termination fees will be waived if you determine that the cell phone you selected in the store does not work for you in other locations. FCC regulations require that cell phones be manufactured for use with hearing aids on the telecoil setting by September 18, The above paragraph is by Brenda Battat, Associate Executive Director and Director of Public Policy at HLA (Hearing Loss Association of America). It is excerpted from the September/October 2005 issue of Hearing Loss and is used with the permission of HLAA. Cell Phone Amplifiers Most cells phones have built-in amplification. Amplifiers that connect to cell phones are available as well. There are two basic types: Acoustic amplifiers Acoustic amplifiers increase the sound level of the telephone. They can be used by anyone. Examples are headphones, ear buds or earphones. Users may have to remove hearing aids to use acoustic amplifiers. Induction amplifiers The amplifier couples magnetically with the telephone coil in the hearing aid so that sound waves are sent to the person s hearing aid. This prevents weakening of the sound and produces excellent sound quality. Users do not have to remove their hearing aids. Induction amplifiers are available for one or both ears and can be used with cochlear implants. Voice over Internet Protocol (VoIP) Voice over Internet Protocol (VoIP), also known as Internet Voice, is a technology that allows a person to make telephone calls using a broadband Internet connection instead of a regular (analog) phone line Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 64

65 Placing a VoIP call Some services using VoIP may only allow calls to other people using the same service. Other services allow calls to anyone who has a telephone number including local, long distance, mobile, and international numbers. There are services that only work over a computer or a special VoIP phone. Other services allow calls to be made using a traditional phone through an adaptor. VoIP converts the voice signal from the telephone into a digital signal that travels over the internet then converts it back at the other end so the caller can speak to anyone with a voice phone. You may use a microphone plugged into your computer. The number you are calling is placed using the keyboard, or a special VoIP phone, and is routed through the cable modem of your computer. You may dial the number using your phone as you would for a traditional call. A special phone adaptor connects to your high-speed Internet connection. The call goes through your local telephone company to a VoIP provider. The call goes over the Internet to the called party s local telephone company for the completion of the call. The cost of VoIP calls Some VoIP providers offer their services for free. This is more common when call is to another person with the same service. Long distance calls to numbers outside your calling area may be charged, as with traditional wireline telephone service. You may be permitted to call anywhere at a flat rate for a fixed number of minutes. The conveniences of VoIP You can use your computer while you talk on the phone. You can take your phone adaptor with you when you travel. A high speed internet connection must be available. If you are making calls with a phone and adaptor or special VoIP phone, your computer does not have to be turned on. Your broadband Internet connection does need to be active. The FCC does not regulate the Internet or the services provided over it. Thus, VoIP may not be accessible to people with hearing loss. Information above is taken from the FCC Web site at For more information, see: FCC Consumer Facts VoIP/Internet Voice, at A broadband (high speed Internet) connection is required. This can be through a cable modem, or high speed services such as DSL or a local area network. Questions to ask a VoIP Service Provider 1. Does the VoIP work during power outages? 2. Does the service connect directly to emergency services through 911? See also the FCC consumer fact sheet, Consumer Alert on VoIP and 911 Services at 3. Is directory assistance/white page listings available? 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 65

66 Telephones for People With Both Vision and Hearing Loss Telephones/TTYs are available that provide different options for people who have loss of both vision and hearing. Options include: Large buttons with Braille characters for key identification Amplification Key pads with white letters on a black background Electronic voice that calls out each number dialed or the stored number dialed from memory Bright ring flasher Super-loud ringer Audio output jack for direct connection to Assistive listening device Caller ID/Call Waiting ID with large and bold font display Large visual display adapter for certain phones with text 1 inch tall Bluetooth Wireless Technology Bluetooth wireless technology is a short-range radio technology that makes it possible to transmit signals over short distances between telephones, computers, and other devices. Bluetooth technology replaces cables and wires and connects electronic devices such as computers, printers, portable handheld devices, and mobile phones. A wireless connection between the Internet and other devices is possible. Using a wireless headset a person can answer a mobile phone and send messages to a palm pilot, personal computer, and printer all at the same time. By pressing buttons on the side of the earpiece the user can answer a call without having to touch their mobile phone. There is a bluetooth device available, known as Eli, that connects to a hearing aid via DAI or in conjunction with a special personal induction loop. It works with mobile phones or any other Bluetooth enabled device for wireless, hands-free microphone or listening. What are the features of bluetooth technology? Can network up to eight devices at one time. Signals can be transmitted through walls and briefcases, there is no need for line-ofsight. Signals are omnidirectional so devices do not need to be pointed at one another. Works with a variety of devices and for a variety of services, such as voice and Internet. Is regulated by governments worldwide (Europe, Asia, America), so it is possible to use the same standard wherever one travels. Where does Bluetooth technology work? Bluetooth technology can be used at home, at work, while on the go including travel in another country and at play. How is this possible? 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 66

67 Several industries who are working to develop the bluetooth technology have decided on standards to make the technology easier to use and to meet the needs and expectations of the user. The technology meets a global standard. What is the future of bluetooth technology for people who are D/HH/DB? Hearing aids and induction loops may incorporate bluetooth technology in the future. Work is being done to develop a device that will permit a person who uses a hearing aid to use a special control unit to switch between, for example, receiving signals from a radio, television or mobile phone. TTYs (Telecommunication Devices for the Deaf) A TTY can be used for both outgoing and incoming calls. TTYs are used in one of two ways: either a telephone s handset is placed into the TTY s acoustic couplers or by connecting the TTY directly to a telephone line. The latter is known as Direct Connect use. An advantage of Direct Connect is that it eliminates distracting outside noises. It also allows for auto-answer, keyboard dialing capabilities, and visual notification of incoming calls through a flashing ring or indication on the text display. When an extra telephone jack is not available or if there is not an analog phone connection, placing the telephone s handset in the acoustic couplers is convenient. A TTY consists of a keyboard, display screen, and modem. The letters typed on the keyboard are turned into electrical signals that travel over the telephone lines. When the signals reach another TTY they are changed back into letters that appear on a lighted display screen, and/or a paper printout. Persons with speech loss also benefit from TTYs. TTYs can be portable and they can be used with screens that provide for large print display. TTYs are compatible with computers and cellular phones and may have a built-in answering machine or connect to an external one. TTYs are generally analog. If they are used in an acoustic mode it does not matter if they are used with a analog or digital phone. Direct Connect TTYs should only be connected to analog phones to prevent damage to the TTY. To use a Direct Connect TTY with a digital line, a special connector may be required. To carry on a traditional TTY conversation requires both parties have to have a TTY. For callers who do not have TTYs a voice to text relay service is available. Telecommunications Relay Services Title IV of the Americans With Disabilities Act of 1990 mandates that telephone companies make available in their states, interstate and intrastate telecommunications relay services. In accordance with this law, relay centers provide the ability for persons who are D/HH/DB, or who have a speech impairment, to communicate by wire or radio with hearing individuals in a manner that is the same as someone who does not have a hearing or speech loss. Relay centers provide services that allow two-way communication between individuals who use a TTY or other nonvoice terminal device and individuals who do not use such a device. A trained Communication Assistant (CA also referred to as a Relay Representative) facilitates calls between voice and TTY callers. Communication Assistants: Must have a typing speed of 60 words per minute (wpm) or better Acquire a qualifying score on a written test 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 67

68 Be trained in Deaf Culture Take training in processing and billing calls The Communication Assistant is responsible for keeping the TTY user informed of all comments made by the voice caller, the inflection of the person s voice, or background noises. Relay conversations are kept confidential. Using the Relay Center to make a TTY call When a person who is a TTY user wants to place a call to another person, business, professional or service provider, who does not use a TTY, the TTY user can do so by using the Michigan Relay Center. The TTY user dials the Wisconsin Relay Center (WTRS). The Communication Assistant responds through the TTY display or printout. The TTY user types the area code, telephone number, name or place they are calling followed by GA (Go Ahead). The Communication Assistant places the call and provides instructions as needed to the party that is called. The conversation begins. TTY Calls Important Facts Relay conversations are kept confidential by Relay Representatives. Communication assistants type voiced messages plus background noises and side comments to the TTY user. Each party to the call types GA (Go Ahead) when they are finished speaking. To end a conversation a person types SKSK (Stop Keying). Punctuation is often ommitted but can be used. The nation wide number for TTY services in the US is 711. This number connects to the TRS in the state you are calling from. Making a voice call to a TTY user The voice user dials the WTRS toll-free number, or 711, and gives the Communication Assistant the area code and telephone number they are calling. When the TTY user answers, the voice user speaks to the person they are calling and not to the Communication Assistant. The Communication Assistant will type what is spoken to the TTY user and voice the typed message from the TTY user to the voice caller. Voice Carry Over (VCO) Telephone A Voice Carry Over telephone allows a person who is D/HH/DB to make and receive calls using their own voice to speak to the person they are calling. Can be used with anyone with a TTY but is most commonly used with relay. The VCO user speaks into the receiver of the phone handset and reads text responses typed by a CA on the phone s display Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 68

69 With most VCO phones the caller dials the Relay Center to make the call and each person says Go ahead or GA when they are finished speaking to indicate to the other person that it is their turn to speak. Some VCO phones allow the VCO user to hear the caller as well, others do not. Those that do require an AC outlet. A VCO phone may also have a TTY keypad and can be used for TTY calls. How does Voice Carry Over work? VCO calls can be made: From a VCO user to a voice user From one VCO user to another VCO user From a VCO user to a TTY user From a VCO user to a voice user using two phone lines Features of VCO Phones: Can be used as a standard telephone Provides volume control Handset is hearing aid T-coil compatible Has super loud ringer Works with voice answering machine Built-in answering machine for text messages Using 2-Line VCO Using a phone that is equipped for 2-lines, the VCO user can carry on a more natural conversation. By using one line for talking and the other for the text screen, the user can interrupt the second party, and in general, conduct a more spontaneous call. The voice line must have a 3-way calling feature to allow the Communication Assistant (CA) to listen to the conversation and to type what the hearing person is saying to the VCO user. The VCO user is able to both hear and read what the other person says. However, there will be a lag time while the CA types what the hearing person says. The VCO user has the responsibility to make certain the other party speaks so the CA provides a clear and understandable message. Both callers say GA to indicate when they are finished speaking and SK when ending the call. Second line charges for 2-Line Voice Carry Over (VCO) are waived. (Wis.Admin. Code ch. PSC 160; For further information visit Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 69

70 Digital Cell Phone Compatibility with TTYs and VCO Phones In the past, only analog cellular phones could be used with a TTY or VCO phone. Now, digital cellular phone service is available that is specifically TTY compatible. Digital cell phones that are compatible with TTYs/VCO phones will be identified as TTY- Compatible or TSD-121 compatible. Digital cell phones must have a 2.5 jack to connect to the TTY/VCO. A device known as a PocketComm VCO/TTY adaptor, connects to any cell phone or cordless phone with a 2.5mm audible connector. When used as a VCO, it can be strapped to the earpiece of any telephone or connected to the headset jack. The user speaks into the built-in microphone. The VCO can be used with TTY compatible cell phones, cordless phones, pay phones, office phones, or emergency boxes. Captioned Telephone CapTel Phone The CapTel phone is for people who have some degree of hearing loss and who want to use their residual hearing to hear the voice caller, but who also need a visual display of the spoken word. Every word the caller says through the call is captioned live on the display screen. A standard analog telephone line or analog port is required. Calls are made in a natural manner with the CapTel user dialing the person they are calling directly. Calls automatically go to the CapTel service center where an operator uses voice recognition technology to transcribe the operator s voice into text captions. (Emergency 911 calls are not routed through the captioning service). During outgoing calls the captioning service is connected automatically. To get captions on incoming calls, using a traditional 1-line service, the caller dials a toll free number for the Captioning Service and then enters the CapTel user s number. It is not necessary to use GA or SK. Visit for more information on CapTel. 2-line CapTel service All incoming calls are captioned Captions can be turned on or off at any point in the conversation Callers can dial you direct without having to call a separate number All types of calls are captioned Another person can listen in on an extension affecting the captions Services, such as Call-Waiting do not interrupt captions The CapTel phone is available with an optional USB port. CapTel USB connects directly to a computer to display conversation captions on a computer screen. Caption size, color, and font style are controlled by the user. Captioned conversations can be saved and printed. No additional software needs to be installed on the computer. Web CapTel Make/receive phone calls using any phone you want, while viewing captions of the call in the Internet browser window on your computer. Ask people who call you to first dial , then enter your phone number so you can view captions over the Internet Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 70

71 Web CapTel Service is available through Hamilton CapTel or Sprint CapTel Wireless Telecommunications Pagers and cell phones have been used by people who are Deaf or Hard of Hearing since the mid 1990s. Today s technology is so advanced that wireless devices allow users to perform all of the following functions while away from home or work: Make IP relay calls* Make TTY calls Send messages Browse the Internet Use instant message service Send text messages Two types of wireless telecommunication devices are available: Pagers and Smartphones. Pagers A pager is an electronic device used to contact people via a paging network. It uses radio transmissions to communicate between control/call centers and the recipient. Smartphones A smartphone is generally considered any handheld device that integrates personal information management and mobile phone capabilities in the same device. Features tend to include: Internet access Scheduling software Contact management Text messaging Phone access Built-in camera Ability to read business documents in a variety of formats PDF and Microsoft Office Early Pagers Provided audio notification bleep or series of bleeps to indicate a person had been paged. Paged party telephoned the control/call center to collect the message from an operator or early voice mail device. Larger pagers provided the recipient more information via a text message. Later models included the ability to send messages in a two-way fashion (two-way paging) and include the ability to send . *Note: IP Relay calls are made from the instant message program on the Smartphones. Checklist for Choosing the Right Pager/Smartphone Device Will the device provide you with the ability to communicate with people while away from both home and/or work? Note: This should be the number one reason for buying a pager or smartphone device. Does the device (or brand) provide you a D/HH person the features you want or need? 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 71

72 * Text messaging * Instant messing * Address book * Web browser Camera (optional) Organizer Games (optional) * Indicates most important features Does the device you are considering have high sound quality that will provide you, a person who is hard of hearing, phone access? Have you checked the coverage for the pager or smartphone? Recommendation: Before buying, go to the website of the wireless service provider and check their coverage. Enter your zip code to find out if they cover BOTH your home and work. Have you selected the appropriate service? Recommendation: Select Data only service. Add voice if you can use it. C A U T I O N : Read the service policy carefully. Some stores offer a discount on or free purchase of a pager or smartphone. A discount or free purchase usually comes with a one or two year service contract. If you cancel the contract, you may owe the full price plus a penalty fee. Video and Internet Relay Services With advancing technology it is possible for people who are D/HH/DB or speech disabled to place relay calls directly from their Internet web browser. In addition to voice-assisted calls, video relay service (VRS) - using the speed of the Internet - allows a person who uses sign language to communicate with another person who uses sign language. This allows people who use sign language to communicate in the language that is most natural to them. Internet Protocol Relay (IP Relay) IP Relay is accessed using a computer, or other Web-capable (TV) device, and the Internet. The IP Relay user uses a Web page to contact the IP Relay Center from their computer, pager or smartphone. The IP Relay Center Communication Assistant calls the receiving party via voice through the telephone network. Like a traditional TTY call, the Communication Assistant types what is spoken by the receiving party and voices what is typed by the D/HH person to the receiving party. IP Relay users can make multiple calls simultaneously and can participate in conference calls Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 72

73 Video Relay Service (VRS) VRS uses video conference equipment, a computer camera and a sign language interpreter to allow relay users who communicate in American Sign Language (ASL) to make telephone calls. Persons who are D/HH and use ASL use either a video call booth or a high-speed Internet connection with video input from home, to contact an interpreter at a VRS center. The interpreter voices everything the ASL user signs to the hearing caller and signs everything the hearing caller speaks to the ASL user. VRS and ASL Users Two or more people who use sign language to communicate can call each other directly as long as they have the needed technology to do so. About Video Relay Service Service is free to people who are D/HH/DB. A high speed or broadband Internet connection (i.e. DSL, cable, or T1 line) is required. A web camera is needed to see images on the computer screen. Hearing people can place video relay calls to people who are Deaf/HH/DB by dialing the toll free number of the service provider of choice. All VRS calls are strictly confidential. VRS providers can be found by accessing the Internet. Video Remote Interpreting (VRI) VRI is provided between two parties who may or may not be located in the same room or location. VRI is another delivery model for traditional interpreting services covered by the Americans with Disabilities Act (ADA). With VRI, three possible interpreter locations exist: A Deaf consumer and a person who is hearing are in the same place and an interpreter is in a remote place, The interpreter and Deaf consumer are in the same place and a hearing person is in a remote place, or The interpreter and a hearing person are in the same place and the Deaf consumer is in a remote place. VRI services are arranged by contacting a VRI provider and requesting an interpreter. The same type of equipment and connectivity requirements are used for VRI and video relay services (VRS). The advantages of most VRI providers is that they have interpreters working 24 hours a day, so there is no waiting period for services. Other VRI providers require that the interpreter request be made in advance in order to ensure availability of the interpreter. Most VRI providers charge a per-minute or per-hour user fee to the person or business arranging the interpreting session Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 73

74 23. Speech-to-Text Services Speech-to-text services provide access to communication for people who are D/HH/DB. Communication access can be provided as it happens, or it can be provided as captions on pre-recorded materials, such as videos and movies. Speech-to-Text Systems: Communication Access Realtime Translation (CART) A CART provider uses a stenographic machine to provide a verbatim translation from speech-to-text of what is said. Text Interpreting C-Print or TypeWell A service provider types using a laptop computer with specialized abbreviation and speed typing software. Automatic Speech Recognition A service provider repeats what was spoken into a microphone attached to a computer with specialized automatic speech recognition software. Differences and Similarities in Speech-to-Text Systems: Verbatim-ness percentage of exact words spoken presented in text; word-for-word Accuracy of content percentage of ideas expressed by speaker that are clearly and accurately shown in the text Quantity of words to read this is related to verbatim-ness, as the higher the verbatimness, the more words of text Service Type Verbatim-ness Accuracy of Content Quantity of Words to Read CART High High pages/hour of class Text Interpreting C-Print and TypeWell High to medium High 6-10 pages/hour of class Automatic Speech Recognition High Medium pages/hour of class Information in the above section is from Speech-to-Text Services Network STSN.org C-Print and TypeWell C-Print and TypeWell are both live, computer-aided, speech to print captioned systems. Their main use is to aid students in mainstream educational environments. These systems use a word expansion program. By adding a delimiter character - a space, period, comma, etc., - to a single letter, the letter expands to a word. Since fewer keystrokes are used, the captionist can type faster. TypeWell has a larger dictionary than C-Print and offers other improvements as well. How C-Print and TypeWell work A captionist types a teacher s lecture, including comments made by students, into a laptop computer Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 74

75 The typed information is displayed at the same time on a second laptop computer or a television monitor for students to read during class. The text can be displayed simultaneously to additional computers or display monitors. The captionist may summarize or condense the information to make it easier to read. A printed text is available to students for review purposes. C-Print and TypeWell captionists use text-condensing strategies and an abbreviation system that reduces keystrokes. Capitonists provide a meaning-for-meaning translation (not verbatim) of the spoken English content. Sample of a TypeWell meaning-for-meaning script of a class lecture segment. Verbatim TypeWell Transcript OK, now look at page 25 and you will get an idea of what was happening in the West with respect to the mining empire and the cattle empire that began to develop during that time. Look at page 25. You ll see what was happening then in the West with respect to the developing mining and cattle empires. 36 words 22 words 183 keystrokes (letters, punctuation and spaces) 90 keystrokes (abbreviations and spaces) 24. Captioning Captions are printed words on the television (TV) or video screen that tell viewers what is being said. Laws regulating captioning The Television Decoder Circuitry Act of 1990 requires the addition of decoder chips in all U.S. made televisions with screens 13 inches or larger. In 1997, the Federal Communications Commission (FCC) approved a law requiring captioning on almost all television programming in the Untied States. By January 1, 2006 and thereafter, 100% of all programming (some exceptions exist) must be captioned. Placing captions on videos Captions can be placed on a video program in two ways: Online (live) - News, live seminars, sports events Offline (after production) - Television game shows, movies 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 75

76 Types of captioning Closed captions Captions are hidden in the video signal and cannot be seen without a TV with a built-in decoder chip or a special TV decoder (used with TVs manufactured before 1993). Open captions The text (caption) is burned into the video and cannot be turned off. Programming other than English or Spanish language Exceptions Made by the FCC (Not all-inclusive; specific rules apply) Non-vocal programming Commercials Public service announcements Programming from networks All programs aired between 2:00 am and6:00 am Captioning that requires the video programmer to spend more than 2% of the annual gross income Evidence to justify undue burden CART (COMMUNICATION ACCESS REALTIME TRANSLATION) CART is a visual display, like captioning, of a speaker s words. A CART provider listens to what is being said and types on a stenotype machine (same as used by Court Reporters). What is typed is sent via a cable to a computer for instant translation into English text. A text file is created that can be printed for later use. CART is a live production. CART can be used in many different ways. ONE-ON-ONE CART: On-site CART, where the CART provider and one or two people with hearing loss are the only viewers of the translation on the computer screen. OVERHEAD CART: This method is used for larger gatherings, such as meetings, seminars, hearings, conventions, or classrooms. After the translation is complete, it is displayed via an LCD projector or television monitor for everyone to view Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 76

77 INTERNET CART: Internet CART requires the client to have a computer with an internet browser. The voice connection is established through a conference call. The CART provider establishes a "meeting room" on the Internet. After the voice and the "meeting room" are established, the CART provider hears and writes what is spoken. The steno is translated into English text and sent to the "meeting room" on the Internet. The consumer is able to access the same secure "meeting room" with a password and read the translated English text virtually Instantaneously. SPEAKER IMAGE CAPTIONING: The ability to see the speaker s image with the captions directly underneath is accomplished by mixing the camera video signal with the English text captions in a special encoder box. Two or three lines of text are visible at all times. The captioned speaker image is placed on one or several TV monitors or is projected on one or more large screens. This method of display is used at conventions, large gatherings, and schools. In addition to a text file, a captioned videotape can be provided. BROADCAST CAPTIONING: This method is similar to Speaker Image Captioning but allows for the captioned video image to be viewed simultaneously at widely separated locations. The captioned signal is transmitted via microwave, cable station or satellite. This method of captioning is used for town meetings, distance learning, teletrainings and television programs. WEBCAST CAPTIONING: Making webcasts accessible has become a growing sector of captioning. An applet* is placed on the producer s website which enables participants to receive captions if they desire. In addition, the transcript is available for on-demand replay. * Applet a computer application system that uses the client s web browser to provide a user interface (interact or communicate) 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 77

78 Part III Technical Information 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 78

79 25. Membership Organizations National and State Several membership organizations exist at the national, state and local levels to provide programs and services to people who are D/HH/DB. These organizations are generally not-for-profit and may serve one or more populations of people with hearing loss. National Association of the Deaf (NAD) Mission: The mission of the National Association of the Deaf (NAD) is to promote, protect, and preserve the rights and quality of life of deaf and hard of hearing individuals in the United States of America. Safeguards the accessibility and civil rights of deaf and hard of hearing Americans in education, employment, health care, and telecommunications. Is a dynamic federation of 51 state association affiliates including the district of Columbia, organizational affiliates, and direct members. Programs and activities: Grassroots advocacy and empowerment NADmag distributed six times a year Biennial conference Members Only area of the NAD Web site Captioned media program Law and Advocacy Center Youth programs For Information National Association of the Deaf 814 Thayer Avenue, Silver Springs, MD V / TTY FAX [email protected] Web site Wisconsin Association of the Deaf (WAD) Mission: Deaf, Hard of Hearing, and Deaf-Blind Citizens of Wisconsin are empowered to meet their full potential through increased independence, productivity, and integration into society. Programs and Activities: Statewide chapters Website and Blogs/Vlogs Newsletter (posted on website) Miss Deaf Wisconsin Pageant For Information and to locate chapters in Wisconsin see: Wisconsin Association of the Deaf Web site: Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 79

80 Hearing Loss Association of America (HLAA) Mission: To open the world of communication to people with hearing loss by providing information, education, support and advocacy. Educates people with hearing loss, their families, friends, coworkers, teachers, hearing health care providers, industry, government and others about hearing loss. Provides adults and children with tools for self help. Promotes understanding of the nature, causes, complications and remedies of hearing loss. Improves communication access for people with hearing loss. Empowers individuals with skills to improve their lives. Provides an opportunity for affiliation among people with hearing loss, their friends, families, and professionals. Programs and activities: Annual Convention Hearing Loss Magazine - Published bimonthly Online bookstore National Support Network of chapters nationwide and state organizations American Academy of Hearing Loss Support Specialists The National Center for Hearing Assistive Technology (NCHAT) HLAA e-news published twice each month Online Member Forums (MyHearingLoss.org) For Information: Hearing Loss Association of America 7910 Woodmont Avenue, Suite 1200 Bethesda, MD (301) v-tty (301) fax Hearing Loss Association of America - Wisconsin State Office (HLAA-WI) The Hearing Loss Association of Wisconsin is an all-volunteer non-profit organization that serves as an extension of the national HLAA organization, creating awarness of hearing loss within the state of Wisconsin. Mission: Opening the world of communication to people with hearing loss by providing information, advocacy and support. Programs include: Statewide chapters and meetings Newsletter Website at For Information and to locate chapters in Wisconsin: Web site: Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 80

81 American Association of the Deaf-Blind (AADB) AADB is a national consumer organization of, by, and for people with both vision and hearing losses. Members have all types and degrees of combined vision and hearing losses, however, anyone interested in the works of AADB and the deaf-blind community are welcomed as members. Mission: To enable deaf-blind persons to achieve their maximum potential through increased independence, productivity and integration into the community. Programs and activities: AADB Information Clearinghouse The Mentoring Pilot Project for deaf-blind youth Biannual national conferences The Deaf-Blind American (DBA) published quarterly AADB E-News Free newsletter published on-line during opposite months the DBA magazine is published Emergency preparation Advocacy projects Other Membership Organizations Other non-profit membership organizations exist and many have a presence in Wisconsin Readers are invited to contact these organizations or to visit their Web sites to learn about their specific programs, activities and services at a national, state or local level. Alexander Graham Bell Association for the Deaf and Hard of Hearing Focuses on people of all ages who have a hearing loss. Has a strong focus on children, youth and their parents. Encourages the use of the oral approach in educating children with hearing loss. AG Bell National Office 3417 Volta Place, NW Washington, DC Tel: 202/ TTY: 202/ Fax: 202/ [email protected] Web site: Wisconsin Chapter Alexander Graham Bell Association for the Deaf and Hard of Hearing General Information: [email protected] Association of Late Deafened Adults (ALDA, Inc.) Focus is on adults who have lost their hearing after they developed spoken language skills and who receive communication primarily through a visual mode. Association of Late Deafened Adults (ALDA Inc.) Web site: See Web site for chapter locations Wisconsin Chapter ALDA Southern Wisconsin Contact: Jessica Congdon, [email protected]; meetings held in Janesville, WI 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 81

82 Deaf Bilingual Coalition (DBC) Promotes the basic human right of all deaf infants and young children to have access to language and cognitive development through American Sign Language (ASL). Deaf Bilingual Coalition There is no DBC chapter in Wisconsin Web site: National Black Deaf Advocates (NBDA) Promotes leadership development, economic and educational opportunities, social equality, and safeguards the general health and welfare of Black deaf and hard of hearing people. National Black Deaf Advocates (NBDA) P.O. Box 1126 Asheville, NC Web site: There is no NBDA chapter in Wisconsin Hands & Voices A parent-driven, parent/professional collaborative group that is unbiased towards communication modes and methods that supports families and their children who are deaf or hard of hearing, as well as the professionals who serve them. Hands and Voices Business Office PO Box 3093 Boulder CO (303) Web site: Wisconsin Hands & Voices PO Box 9644 Green Bay WI (920) [email protected] Parents Education Guidelines Education is a foundation block for every person s life. Getting an education is a life long process that involves obtaining knowledge, attitudes, skills, and behaviors. The desire to learn should be encouraged in every person. All children are entitled to a free and appropriate public education (FAPE) as required by numerous laws. Children who have disabilities receive their free and appropriate education mainly through Section 504, 29 USC 794, of the Rehabiliation Act of 1973, and the the Individuals with Disabilities Education Improvement Act (IDEA), 20 U.S.C et seq., of 1975 and reauthorized in 1997 and again in IDEA gives eligible children with disabilities the right to receive special services and assistance in school. These services are known as special education and related services. IDEA gives direct guidance to states and school districts on how to provide special education and related services. Wisconsin Department of Public Instruction (DPI) has the responsibility to fully implement and enforce the federal mandates. Wisconsin Administrative Code (PI 11) for Children with Disabilities is the tool that provides guidance for individual school districts. Current Administrative Code information can be found on the DPI website: Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 82

83 Communication is the key to everything we do and is especially critical to education. Effective communication results in equal access to the educational system. EARLY HEARING DETECTION & INTERVENTION (EHDI) Most newborn infants in Wisconsin are screened for hearing loss before leaving the hospital. Early detection identifies infants with a hearing loss soon after their birth so parents can be given information and assistance in dealing with the hearing loss at a much earlier stage in the child s life. Hearing screenings should be part of a child s yearly physical examinations. Hearing loss can develop at any time for any reason. For information on Wisconsin s Universal Newborn Hearing Screening requirements, please visit It is important that young children are exposed to language in order to develop a strong language base. Communication before age four impacts pronunciation, ASL vocabulary development, and reading skills. Your child may be eligible for early intervention services under the Birth to 3 Program. The regulations for the Birth to 3 Program do not base eligibility on specific types or degree of hearing loss. There is no required decibel loss nor are children with unilateral hearing loss excluded. Eligibility is determined on a case-by-case basis. DETERMINING YOUR CHILD S NEEDS Hearing loss impacts communication and access to daily life 24 hours a day, 7 days a week. There are many sources of information that assist parents to understand their child s hearing loss, to make decisions about communication options auditory verbal or sign language, etc. and to determine the need for other related services. These resources also help parents to articulate their child s communication and learning needs to the school. Communication is not only vital to the child s language development but it allows the child to have access to all that life has to offer. As a parent, you are the first teacher your children will have. You know your children and how they learn and express themselves. You must take an active role in developing the appropriate education program for your children. Along with the resources that assist parents to understand their child s hearing loss and the communication and education options available to them, there are advocates who will assist parents to assure that their child receives an appropriate education. These advocates can attend meetings with parents who feel intimidated by school personnel. Parents and school staff, working together as a team, will decide if your child qualifies for special education. If your child qualifies, the team will make an written plan for the child called an Individualized Education Plan or IEP. Steps in the IEP process include: Referral can be made by parent, teacher, nurse, doctor, etc. A referral must be made in writing. Evaluation to determine if the child has an impairment and has a need for special education Decisions the IEP Team will determine what services are needed, write the IEP (plan), and determine where the child will receive services Review IEPs and placements must be reviewed annually Reevaluation a child in special education needs to be reevaluated at least once every three years, however, parent(s) and school can agree not to reevaluate a child Note: If a child who is deaf, hard of hearing, or deafblind is found not eligible for special education, the school must still provide reasonable accommodations for communication access, if necessary, under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 83

84 CONTINUUM OF SERVICES (EDUCATIONAL OPTIONS) Students participate in a wide range of educational programs. These programs may be local, regional, or at a special school for the deaf (i.e. Wisconsin School for the Deaf). Program choice should be guided by your child s unique learning needs that include communication modes, support services and assistive technology. Program choice may include: REGULAR EDUCATION with resource room services Students attend both general academic and elective education classes for most of the day. There is also scheduled time in a resource room for additional academic support for the subjects the student is struggling with. SELF-CONTAINED SPECIAL EDUCATION CLASSES in regular education buildings Students attend special education classes with a special education teacher for academic instruction. The student may have the option of attending some selected academic or elective classes in a general education classroom. DAY SCHOOL PROGRAMS in separate buildings Students attend special education classes with a special education teacher (certified teacher of deaf and hard of hearing students) within a building that does not provide general education classes and instruction. RESIDENTIAL SCHOOL Students attend classes within a building that provides specialized services and supports for all deaf and hard of hearing students. Residential schools provide an accessible social environment that includes a full range of extra curricular activities. Students may reside at the school during the week and go home to their families on weekends. Residential schools have strong support from the Deaf community and often have deaf adults as teachers, staff members, role models and mentors. Factors That Influence Choice of Educational Programs Family choice Availability of program of choice Communication modes Auditory/Oral Visual/Oral (Cued speech) American Sign Language Manual coded English Visual/Transcription services (CART or C-print/Typewell) Total communication (Use of all methods at any given time) Support services Teacher consultants Speech and language therapy Audiology services Sign language interpreters CART providers or C-print captionists Assistive listening technology Social workers 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 84

85 Wisconsin Association for Perinatal Care Wisconsin First Step (information & referral) Wisconsin Sound Beginnings, Department of Health Services ng.htm Wisconsin Birth to 3 Program, Department of Health Services RESOURCES Wisconsin Department of Public Instruction Special Education - Services for the Deaf and Hard of Hearing - ml Wisconsin Educational Services Program for the Deaf and Hard of Hearing (WESP- DHH) Wisconsin Statewide Parent-Educator Initiative - l National Dissemination Center for Children with Disabilities Classroom Acoustics Noise has been found to be the single most prevalent problem in American schools. All students and teachers are affected by poor classroom acoustics. Those most negatively impacted are: Young students whose language skills are not well developed. Students for whom English is a second language. Students and teachers with hearing, language or learning problems. Children with ear infections. These groups constitute a significant number of students in nearly every classroom in the United States. Environmental acoustics in the classroom and in other educational environments, is a critical variable to the academic and social development of a child. Poor classroom acoustics negatively impact speech intelligibility, interfering with learning for any child, but especially for a child that falls into one of the groups identified above. Poor classroom acoustics can have a harmful affect on: Speech perception Reading and spelling ability Classroom behavior Attention and concentration Educational achievement Children lack the ability to separate a teacher s voice from background noise and thus, may miss a high percentage of what is said in the classroom. Studies show that children 16 years of age and younger, are not able to correctly infer meaning from missed and misheard words. Poor classroom acoustics may compromise a teacher s performance as well. Trying to speak above background noise causes fatigue and vocal strain and often leads to increased absenteeism. To achieve the same speech perception as an adult, children require a better signal-to-noise ratio and lower reverberation times. For children with hearing loss, the acoustics of a proposed educational setting should be considered and addressed when determining the child s educational needs and placement. A 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 85

86 child who uses a hearing aid or cochlear implant faces an added barrier in the classroom since these assistive technologies amplify both wanted and unwanted sounds. Acoustical Factors in Classrooms ANSI S Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools The 2002 standards released by the American National Standards Institute, Inc. (ANSI), set maximum limits for background noise and reverberation time for unoccupied classrooms smaller than 10,000 square feet and for classrooms that are greater than 10,000 square feet but less than 20,000 square feet. In 2005 the American Speech-Language-Hearing Association (ASHA) published both a position statement and a technical report on acoustics in educational settings. Both of these publications agree with the ANSI standards for classroom acoustics. To achieve appropriate acoustical conditions in an educational setting, ASHA recommends consideration of the following acoustical factors: The level of background (ambient) noise in the room; The relative intensity of the information carrying components of the speech signal to the noninformation carrying signal or noise (i.e., signal-to-noise ratio [SNR]); and The reverberant characteristics of the environment. Technical information, position papers, and guidelines are available on the American Speech-Language- Hearing Association website at Click on Acoustics. Resources Articles on Acoustics a new standard for Acoustics in the Classroom 1. American Acoustical Society ANSI S American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools, plus 2. Classroom Acoustics I 3. Classroom Acoustics II Download all three for free at: Series of 5 technical assistance documents for parents and advocates: Listen for Learning 1: The Importance of Good Classroom Acoustics Listen for Learning 2: Will Our New Classrooms Meet the Standards? Listen for Learning 3: Counting the Costs of Noisy vs. Quiet Classrooms Listen for Learning 4: A Checklist for Classroom Acoustics 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 86

87 Listen for Learning 5: Retrofitting a Noisy Classroom Download all five at: American speech-language-hearing Association (2005) 1. Acoustics in educational settings: Position statement 2. Acoustics in educational settings: Technical report 3. Guidelines for Addressing Acoustics in Educational Settings 4. Appropriate School Facilities for Students with Speech-Language-Hearing Disorders Available at: or Parent Advocacy Organization The Hear to Learn Center Funding Sources for Hearing Aids and Hearing Assistive Technology Funding Sources for Hearing Assistive Technology The average cost of a hearing aid in 2004 was $1,800. This cost is not affordable for many people and many insurance companies do not provide coverage for hearing aids. Various programs to assist lowincome people to acquire hearing aids exist at both the state and national level. In addition, many D/HH/DB require additional hearing assistive technology (HAT) to increase their ability to be active members of their families, workplace and communities. The Telecommunications Equipment Purchase Program (TEPP), funded through the Universal Service Fund (USF) is available to Wisconsin residents of any age or income to buy equipment they need in order to use basic telephone services. Funding for Hearing Aids Health Care Plan A person who is purchasing hearing aids should first check their health plan (including TRICARE for active/retired military personnel and their dependents). If a copy of the plan is not available, the employer s benefits manager can provide one. The American Speech-Language and Hearing Association (ASHA) recommends that insured persons look for: Terms like audiology, hearing care, other rehabilitation services, or other medically necessary services. Limitations and exclusions of coverage. Coverage of both evaluation and treatment services. Further clarification may be requested in writing from the health plan. You might also wish to contact the American Speech-Language-Hearing Association (ASHA) for information on insurance coverage of hearing aids and related services. ASHA keeps abreast of current 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 87

88 developments and changes in the coverage of hearing health care expenses by private insurance, Medicaid, and Medicare. Contact ASHA at: Government Agencies: American Speech-Language-Hearing Association Health Care Financing Division Rockville Pike Rockville, MD Voice/TTY Voice/TTY Division of Vocational Rehabilitation (DVR) DVR will provide services to consumers who are deaf, hard of hearing, or deafblind and meet DVR eligibility requirements. Assistance with hearing aids and other assistive listening devices might be provided to consumers who need such devices to secure or retain employment. There are DVR offices located all around the State. Visit the DVR website at for office contact information. U.S. Veterans Administration Veterans Administration will provide hearing aids and eyeglasses to veterans who receive increased pension based on the need for regular aid and attendance or being permanently housebound, receive compensation for a service-connected disability or are former POWs or received a Purple Heart medal. Otherwise hearing aids and eyeglasses are provided only in special circumstances, and not for normally occurring hearing or vision loss. For additional information, contact the prosthetic representative at the nearest VA health care facility. (Taken from Federal Benefits for Veterans and Dependents, 2008 Edition.) To locate a VA medical facility in Wisconsin see the following web site or contact ODHH for assistance: Also see the Wisconsin Department of Veterans Affairs web site at for information and to find a Veterans Service Office near you. Medicare Medicare specifically excludes hearing aids and exams for fitting hearing aids. Hearing and balance exams are covered only if ordered by a doctor to see if you need medical treatment. Standard qualifications for the Medicare program apply. Coverage is available, however, for cochlear implantation if all criteria for Medicare coverage is met. Wisconsin Medicaid General Eligibility Medicaid is a joint federal/state program established in 1965 under Title XIX of the Social Security Act to pay for medical services for people with disabilities, people 65 years and older, children and their caretakers, and pregnant women who meet the program's financial requirements. The purpose of Wisconsin Medicaid is to provide reimbursement for and assure the availability of appropriate medical care to persons who meet the criteria for Medicaid. Wisconsin Medicaid is also known as the Medical Assistance Program, Title XIX, or T19. Speech, hearing, and language disorder services are covered (see For more information on Wisconsin Medicaid, go to Hearing aids and cochlear implants are covered services for Medicaid eligible recipients Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 88

89 Wisconsin First Step Wisconsin First Step is a statewide information and referral service dedicated to helping families and professionals find resources for children birth to 21 years with special needs. It also serves as central directory for WI s Birth to 3 Program, & links parents & professionals to Regional CSHCN (Children w/ Special Health Care Needs) Centers across the state. Contact Wisconsin First Step at or c!OpenDocument. Wisconsin Infant/Children s Statewide Hearing Aid Exchange Service (WISHES) The WISHES program provides hearing instruments for a 6-month loan period to newly identified deaf and hard of hearing children who are not Medicaid eligible or have other hearing aid insurance coverage (children ages 0-3 will be given priority). This temporary assistance is intended to bridge the gap between identification of a hearing loss and obtaining the financial means to purchase personal amplification or for children awaiting cochlear implant surgery. Families can access the program through their clinical audiologist. WisLoan Program WisLoan is an alternative loan program for persons with disabilities, including people who are D/HH/DB, in Wisconsin who want to buy equipment such as hearing aids, modified vehicles, wheelchairs and ramps. The program is open to Wisconsin residents of all ages who have a disability. There are no income requirements, and individuals are not required to exhaust personal or public funding. Under the program, banks provide loans to qualified borrowers. Loan amounts depend on the item purchased and the ability to repay the loan. For a WisLoan Fact Sheet, go to You may also call or toll-free Independent living centers throughout the state provide technical assistance, applications, and assistive technology services. To find an independent living center in your area, go to or contact the ODHH Regional Office in your area. Katie Beckett Medicaid Eligibility Option The Katie Beckett Program is a special eligibility process that allows certain children who are residents of Wisconsin with long-term disabilities or complex medical needs, living at home with their families, to obtain a Wisconsin Medicaid card. Children who are not eligible for other Medicaid programs because the income or assets of their parents are too high, may be eligible for Medicaid through the Katie Beckett Program, if they meet all the eligibility criteria. Information on Katie Beckett Program is available at or by calling the ODHH Regional Office in your area. Private Agencies: ABC for Health ABC for Health is a Wisconsin-based, nonprofit public interest law firm dedicated to linking children and families, particularly those with special health care needs, to health care benefits and services. ABC for Health s mission is to provide information, advocacy tools, legal services and expert support needed to 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 89

90 obtain, maintain and finance health care coverage and services. Contact Information: ABC for Health, Inc., 152 W. Johnson St., Ste. 206, Madison, WI ; ; toll-free: ; fax: ; AUDIENT Alliance for Accessible Hearing Care Audient is a non-profit program that provides affordable access to hearing care to people with limited financial resources. Through this program, hearing care professionals and suppliers offer their services to the AUDIENT Program, so that services can be made available at a greatly reduced cost. Applicant s must meet income eligibility requirements. Once a person is determined to be eligible for the program, they are referred to the AUDIENT program partner, Ear Professionals International Corporation (EPIC), who then refers them to an AUDIENT program partner provider in their area. To obtain more information for how to qualify for reduced cost of care, contact AUDIENT at V or visit their web site at HIKE Fund, Inc. (The Hearing Impaired Kids Endowment Fund) The HIKE Fund, Inc. is the continuing philanthropic project of Jobs Daughters International. The purpose of the Fund is to provide hearing devices for children with hearing losses between the ages of newborn and twenty years whose parents are unable to meet this special need financially. Children are eligible to receive a grant providing the need is verified by a prescription from and audiologist or physician. The Fund has also awarded many types of devices including, but not limited to, hearing aids, FM systems, closed caption converters, tactile units, alerting systems, and specialized sports equipment, to aid children with hearing loss in communication. More information is available on their web site at or you can contact the Executive Secretary at: The HIKE Fund, Inc., c/o HIKE Board Executive Secretary, Cherryhill Place, Spring Hill, FL ; [email protected]. Lions Affordable Hearing Aid Project (Lions-AHAP) Through the Lions Affordable Hearing Aid Project, the Lions Clubs International Foundation (LCIF) is providing high-quality, low-cost hearing aids to people who could not otherwise afford them. This project is in addition to other Lions hearing programs. Currently Lions AHAP is distributing two hearing aids manufactured by Rexton, Inc. Both are digital, behind the ear aids. In cooperation with participating Lions foundations, districts and clubs, and hearing care professionals. Lions clubs, districts and hearing programs are able to order one or both aids from Lions AHAP. After clearing all criteria, Lions AHAP forwards the order to Rexton. Rexton ships the hearing aids to the hearing care professional who have relationships working with these Lions entitites. Lions programs and clubs are required to qualify a person for the program, based on their income. Income guidelines are available from LCIF. For more information, contact: LCIF Sight Programs 300 West 22 nd Street Oak Brook, IL [email protected] Additional information on the Lions AHAP is available at Lions Hearing Foundation 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 90

91 Lions Clubs International provides support for people who are D/HH/DB by offering the following services: Hearing awareness, hearing screenings, communicaton aids for persons who are deaf or hard of hearing, recreational camps for persons who are deaf or hard of hearing, support for the D/HH community. They operate a Hearing Aid Bank Program that collects used hearing aids that are then refurbished and made available to people who could not otherwise afford to purchase hearing aids. To find information about the Lions Hearing Aid Recycling Program and/or to find a Lions Club near you, go to Miracle-Ear Children s Foundation This program provides no-cost hearing aids and hearing support services to children age 16 or younger whose families have a significantly limited income but are not eligible for any public support and are unable to afford the high costs of quality hearing instruments. Applications are evaluated on a case by case basis. Information and downloadable applications are available at For additional information or to have an application mailed to you, call the Miracle-Ear Children s Foundation at or complete the information request form online. SERTOMA International (SERrvice TO MAnkind) SERTOMA International is a volunteer civic service organization with clubs in the United States, Canada, and Mexico. Sertoma's mission is with hearing health. Local clubs support their local communities in many ways, including hearing conservation. The Sertoma Club of Madison and the University of Wisconsin Speech & hearing Clinic provide reconditioned hearing aids to low income individuals through their Sertoma Hearing Aid Recycling program. Preference for assistance will be given to residents of Dane county and surrounding communities. For guidelines and an application visit Starkey Hearing Foundation/Hear Now Hear Now is a national non-profit program of the Starkey Hearing Foundation committed to assisting deaf and hard-of-hearing persons with limited financial resources who permanently reside within the United States. HEAR NOW provides new and reconditioned hearing aids through hearing health providers nationwide. HEAR NOW is a program of last resort and is designed to assist those who have no other resource available to them. HEAR NOW considers family support or funds available in money market accounts, mutual funds, 401(k) plans, IRAs, certificates of deposit (CDs), checking/savings accounts, stocks, bonds, or T-bills when determining eligibility. There is a non-refundable processing fee for each hearing aid applied for through HEAR NOW. For income guidelines and/or to obtain more information or an application in either English or Spanish contact, HEAR NOW or visit their website at: HEAR NOW 6700 Washington Avenue South Eden Prairie, MN TTY/V [email protected] Sources of Funding in Wisconsin for TTYs, Amplified Telephones, Captioned Telephones 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 91

92 Telecommunication Equipment Purchase Program (TEPP) TEPP is to help people with disabilities buy equipment, from approved vendors, they need in order to use basic telephone services. TEPP is paid for through the Wisconsin Universal Service Fund (USF) established by the Public Service Commission (PSC). Money collected from Wisconsin telephone services providers goes into the USF. TEPP requires that an applicant: Be a Wisconsin resident Be a person who is deaf, hard of hearing, speech impaired, or mobility or motion impaired Need special equipment to use the telephone in the home or when traveling (such as a TTY, amplification, visual alert system, etc.) There is no age or income limit but an individual can only receive TEPP money (in the form of a voucher) once every three years for the same type of disability. You pay the first $100 (except for HH vouchers) and the TEPP voucher pays the rest up to the maximum voucher amount. (See Telecommunications Assistance Program for assistance with the required $100 co-pay if you are low-income.) Program information is available at Applications may be filled out online or printed from the web site. You may also call or write to: Public Service Commission PO Box 7854 Madison, WI TTY: (in Wisconsin TTY: Voice: Fax: [email protected] Telecommunications Assistance Program (TAP) TAP is a program of the Office for the Deaf and Hard of Hearing (ODHH). TAP is only for persons who are hard of hearing, deaf or severely hard of hearing, deaf with low vision, or deafblind in a low-income household. TAP funds pay the $100 co-payment if you qualify. TAP applications are combined with the TEPP applications. For TAP, you must also fill out the household income lines and send a hearing loss certificate (available from an ODHH Regional Coordinator, DVR Counselor, Independent Living Center Counselor, Certified Audiologist, or Licensed Physician). If your total household income meets the TAP income limits, your application will be automatically processed for a TEPP and TAP voucher so your voucher may include the $100 co-payment. For questions on TAP contact any ODHH Regional Coordinator or go to You may also call the TAP Coordinator at V/TTY. Sources of Funding for Both Adults and Children Civic and Service Organizations Local civic and service organizations such as local Lions, Kiwanis, Rotary, Optimist clubs, Goodwill Industries, National Easter Seals Society, March of Dimes, Telephone Pioneers of American, Granges provide assistance to people who are D/HH/DB for both hearing aids and assistive technology. Consult your local phone directory to locate these organizations in your community. Other Sources Of Hearing Aid & Cochlear Implant Funding 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 92

93 For additional listings of sources for funding both hearing aids and cochlear implants, as well as information regarding insurance coverage for both, see The Listen-Up Web! At Also check with the manufacturer of the hearing aid or cochlear implant that you are considering. Many companies have a foundation or can assist in finding/securing financial assistance. 29. Filing a Complaint Laws protecting people with disabilities against discrimination often apply to specific situations and to specific populations of people. Individuals with disabilities are primarily protected from discrimination by two federal laws: Americans with Disabilities Act (ADA) 42 USC of 1990 (P.L ) Rehabilitation Act of 1973 Section 504, 29 USC 794 Wisconsin D/HH/DB citizens are further protected under: Wisconsin Apprentice, Employment and Equal Rights Programs Chapter 106 Wisconsin Fair Employment Law: Sections of the Wisconsin Statutes Note: The information provided in this section is a brief overview of various laws that are intended to protect the rights of people with disabilities. Because the information is brief, it may not accurately cover every situation that may arise. Employment ADA - Title I: Prohibits discrimination on the basis of disability in employment. Title I is designed to protect the rights of individuals with disabilities who work for state or local government or for a private business. Employers with 15 or more employees are required to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. Note: Wisconsin s Fair Employment Law applies to ALL employers regardless of the number of employees If you believe you have been discriminated against- Contact your immediate supervisor Explain in detail how equipment or services are inaccessible Provide suggestions for how the situation can be corrected Title I complaints are filed with the U.S. Equal Employment Opportunity Commission (EEOC). Complaints must be filed within 180 days of the date of discrimination. Charges are filed at an EEOC field office or with the Wisconsin Equal Rights Division ( A complaint must be filed within 300 days if it is filed 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 93

94 with a designated State or local fair employment practice agency. Complaints can be filed in person, by mail or fax at an EEOC field office. Individuals needing an accommodation in order to file a charge (e.g. sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made. Complaints will be dual filed with Wisconsin s Equal Rights Division. Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing at Milwaukee Area Office Reuss Federal Plaza 310 W Wisconsin Ave, Ste 800 Milwaukee, WI Voice TTY Fax Minneapolis Area Office Towle Building 330 South Second Ave, Ste 430 Minneapolis, MN Voice TTY Fax Note: If you have not formally requested an accommodation for the workplace, the employer is not required to provide it and no discrimination has taken place. Request for accommodations should be in writing. Keep files of all interactions regarding your request and the person(s) you interacted with. Include the person s contact information, such as, US mail address, address, phone number and/or fax number. After a complaint has been filed: The EEOC will notify within 10 days - both the person filing the complaint and the employer about the charge. The EEOC then reviews and investigates the charges. The EEOC may ask you and your employer to participate in their mediation program to resolve the complaint. If the complaint cannot be resolved through mediation and the EEOC determine there is reasonable cause to believe a violation occurred, the EEOC will refer the case to the Department of Justice (DOJ). The DOJ will either file suit or issue a Notice of Right-to-Sue letter to the person who filed the complaint. The person who filed the complaint then has 90 days to file suit in Federal or state court. Dispute resolution may include mediation Mediation is an informal process that uses an impartial third party to help the parties involved to find a solution to their differences that is satisfactory to each. Mediation does not involve the expense or delay that a formal investigation and a suit involve. Mediation proceedings are confidential and both parties participate voluntarily Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 94

95 Mediation may be used for any ADA complaint. The Complaint Letter A letter of complaint should include the following information: The complainant s full name, address and telephone number. The employer s (or employment agency s or union s) name, address, telephone number The number of employees employed by the company or the number of union members in all locations (if known) A short description of the alleged violation including: The date(s) the discriminatory act(s) took place Why you believe you were discriminated against and on what basis Your signature Rehabilitation Act of 1973: Prohibits discrimination in the following three areas: Section 501 of the Rehabilitation Act of 1973, as amended 29 U.S.C. 791 Prohibits employment discrimination against individuals with disabilities in the federal sector. For more information, or to file a complaint, contact the Equal Employment Opportunity Office of the agency where you work. Section 503 of the Rehabilitation Act of 1973, as amended 29 U.S.C. 793 Requires contractors who have a contract with the federal government for $10,000 or more, and their subcontractors to take affirmative action to hire, retain, and promote qualified individuals with disabilities. Section 503 is enforced by the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor. Individuals who believe they have been discriminated against by federal contractors or subcontractors may file a complaint with the OFCCP on Form CC-4 (available at o o o o electronically with the appropriate OFCCP Regional Office, and your required signature will be obtained when you are interviewed or complete the CC-4 electronically, download and sign the complaint form, and fax or mail the form to the appropriate OFCCP Regional Office or complete, sign and file the CC-4 in person with any OFCCP District & Area office or download the CC-4, manually complete and sign it, and fax or mail it to the appropriate OFCCP Regional Office. Midwest Regional Office OFCCP/ESA Milwaukee District Office US Dept of Labor 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 95

96 U.S. Department of Labor 230 South Dearborn Street, Room 570 Chicago, Illinois Phone: Fax: OFCCP-MW- ESA OFCCP Reuss Federal Building, Suite West Wisconsin Avenue Milwaukee, WI Phone: Fax: Complaints involving only one person are generally referred to the EEOC. OFCCP investigates complaints involving groups of people or those indicating patterns of discrimination. Complaints must be filed within 180 days from the date of alleged discrimination unless an extension for good cause can be shown. Complaints should include a description of the alleged discrimination involved and other information that would assist with an investigation. The signature of the complainant is required for the complaint to be valid. The effective filing date is not necessarily altered by obtaining the signature at the time of interview. Section 504 of the Rehabilitation Act of 1973 Prohibits recipients of federal financial assistance from discriminating against qualified individual with disabilities in employment and in their programs and activities. Section 504 is enforced by the Federal agency that provides financial assistance to contractors and subcontractors. Each agency has its own regulations and is responsible for enforcing them. Section 504 may also be enforced through private lawsuits. A complainant may go to court without filing a complaint with a Federal agency or receiving a right-to-sue letter. Your complaint must be filed within 180 days of the date when the discrimination happened. OCR may extend the 180-day period if you can show good cause. For information on how to file a 504 complaint with the appropriate agency, contact: Region V Office for Civil Rights U. S. Department of Health & Human Services 233 N Michigan Avenue, Suite 240 Chicago, IL Phone: Voice TTY Fax Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 96

97 Complaint Form Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form May be downloaded from the Internet at o Section 508 of the Rehabilitation Act of 1973, as amended 29 U.S.C. 794d Establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government after June 21, Applies to technology used by employees as well as that needed by consumers to access information provided by the Federal government. Each Federal agency has a Section 508 Coordinator. For more information about Section 508 contact: The IT (Information Technology) Coordinator for your agency,or IT Accessibility & Workforce Division (ITAW) 1800 F Street, N.W. / Room 1234, / Washington, DC Voice: /Fax: www/section508.gov Section 188 of the Workforce Investment Act of 1998 (WIA) Prohibits disability-based discrimination against qualified individuals with disabilities who are applicants, employees, and participants in WIA Title I-financially assisted programs and activities, and programs that are part of the One-Stop system. Wisconsin Fair Employment Law Prohibits discrimination on grounds of age, race, color, religion, sex, national origin, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I-financially assisted program or activity. This law is enforced by the Civil Rights Center. Sections of the Wisconsin Statutes provides that it is unlawful for employers, employment agencies, labor unions and licensing agencies to discriminate against employees and job applicants because of any of the following: (Follow the links to additional information on that subject.) Age, Ancestry, Arrest Record, Color, Conviction Record, Creed, Disability, Genetic Testing, Honesty Testing, Marital Status, Military Service, National Origin, Pregnancy or Childbirth, Race, Sex, Sexual orientation, Use or nonuse of lawful products off the employer's premises during nonworking hours Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 97

98 Employees may not be harassed in the workplace based on their protected status nor retaliated against for filing a complaint, for assisting with a complaint, or for opposing discrimination in the workplace. There is a 300-day time limit for filing a discrimination complaint. Public Services ADA Title II: Public Services: Requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities. Title II covers all activities of state and local governments regardless of the government entity s size or the amount of funding it receives from the Federal government. Title II complaints of violations are filed with the Department of Justice (DOJ), Civil Rights Division. Complaints must be filed within 180 days of the discrimination. Complaint may be made via a letter with the complainant s signature or by using the Title II Complaint Form found online at Before filing a complaint with the DOJ, try to resolve the problem with the person who manages the program, service or activity. A case may be referred to a mediation program. You may request mediation at the time you file your complaint. The DOJ may bring a lawsuit if they are unable to resolve a complaint. Title II complaints may also be enforced through private lawsuits in Federal court without filing a complaint with the DOJ or other Federal agency, and without a right-to-sue letter. ADA Title II, Parts I & II: Public Transportation: Provides that public transportation and the systems and technologies associated with its use be accessible to people with disabilities. Includes public transportation services such as city buses and public rail transit. Includes services that support the delivery of public transportation, such as: Ticket machines Information kiosks Electronic schedule displays Station announcements Web-based information U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section NYAV Washington, D.C V TTY Where to File a Complaint Federal Transit Administration Director, FTA Office of Civil Rights East Building 5 th Floor, TCR 1200 New Jersey Ave., SE Washington, DC V TTY [email protected] 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 98

99 Web site: Public transportation must ensure that communication with people with hearing, vision, or speech difficulties is effective. The process for filing a complaint is the same as for complaints filed under other sections of the ADA. Public Accomodations ADA Title III prohibits discrimination based on disability in public accommodations. The following private entities are examples of places covered by Title III: Businesses Nonprofit service providers Private entities offering courses/exams Restaurants Retail stores Hotels Movie theaters Private schools Medical facilities/clinics/physician Attorneys/Lawyers offices Public accommodations must comply with: o o o o o Basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. Specific requirements related to architectural standards for new and altered buildings Reasonable modifications to policies, practices, and procedures Effective communication with people with hearing, vision, or speech disabilities Other access requirements Title III complaints of discrimination may be filed with the Department of Justice Some cases may be referred to the DOJ mediation program The DOJ has the authority to bring a lawsuit where there is a pattern or practice of discrimination in violation of Title III, or Where an act of discrimination raises an issue of general public importance Before filing a complaint, try to resolve the problem with the person who manages the public accommodation. Complaints are filed with the Department of Justice, Civil Right Division. See contact information above Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 99

100 NOTE: It is not necessary to file a complaint with the DOJ (or any Federal agency), or to receive a right-to-sue letter, before going to court with a Title III complaint. Wisconsin Statute Section of the Wisconsin Statutes provides that it is against the law to deny service or to give unequal treatment in service because of sex, race, color, creed, disability, sexual orientation, national origin or ancestry. Discrimination in relation to age, 18 and older, is only unlawful in regard to lodging establishments. "Public accommodations" includes, but is not limited to, hotels, motels, restaurants, taverns, retail stores, exercise clubs, dry cleaners, auto repair shops, and other service establishments. The law does not apply when a private, nonprofit organization provides goods or services to only its members or their guests. This section is enforced by filing a Public Places of Accommodations or Amusement Complaint with the Division within 300 days of the discriminatory action. Relay Services Telecommunications ADA Title IV requires telephone companies to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. In addition, Title IV: Requires that users of telecommunications relay services pay rates no greater than the rates paid for equivalent voice communication services. Prohibits relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services. Title IV also requires closed captioning of Federally funded public service announcements. Prohibits relay operators from intentionally altering a relayed conversation. Prohibits relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call. Complaints of alleged violations involving either intrastate or interstate telecommunications relay services may be filed with the FCC. Complaints of violations of intrastate services are referred by the FCC to the state in which the alleged violation occurred. The FCC exercises jurisdiction over the complaint if the state has not taken care of the complaint within 180 days, or within a shorter period if prescribed by the regulations of the state, and if the FCC finds the State program is no longer qualified or certified according to the ADA Title IV. Complaints about relay services can be filed with the State Relay Administrator: WTRS Contract Administrator Wisconsin Department of Administration 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 100

101 101 East Wilson Street, 8 th Floor Madison, WI Phone: TTY; [email protected] Should your concern go unresolved, you may file a complaint with the FCC s Consumer Information Bureau: Voice; TTY Telecommunications Products and Services Telecommunications Equipment Communications Act - Section 255, 25(a) (2) contains three primary components: Accessibility - If readily achievable, companies are required to make their telecommunications products and services accessible to people with disabilities. Compatibility If not readily achievable, manufacturers and service providers are required to make their devices and services compatible with devices and equipment commonly used by people with disabilities. Usable Companies are required to provide product information, instructional manuals, and technical support so that people with disabilities can effectively use their products and services. Section 255 covers the following products and services: Telecommunications equipment including, but not limited to, telephones (both wireless and cordless), fax machines, answering machines, and pagers. Telecommunications services including, but not limited to, regular telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller identification, call tracing, and repeat dialing. Two types of information services: voice mail systems and interactive voice response (IVR) services. Anyone with or without a disability who has information that a product or service believed to be inaccessible may file a Section 255 complaint. The FCC encourages people to contact the manufacturer or service provider to try and resolve a complaint before filing an informal complaint. This is not required, however. There is no time limit for filing a complaint. There is a 2-year limit if a complaint seeks damages from telephone companies. Section 255 does not allow people to sue companies in the courts. Complaints are filed with the FCC. Informal complaints: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 101

102 o o o Informal complaints do not require legal counsel or formal testimony. The FCC takes informal complaints seriously and tries to resolve them. Informal complaints may be submitted by any reasonable method. Section 255 as it compares to the Hearing Aid Compatibility (HAC) Act Under the HAC Act, requirements to make wireline, cordless, and certain wireless telephones compatible with hearing aids is absolute and not subject to the readily achievable defense. Complaints regarding amplified handsets should be made under the HAC Act. Complaints regarding amplifying speakerphones, or making one s own voice louder on the phone should be pursued under Section 255. Formal complaints: o Generally you must certify that you have tried to resolve the problem. o Must submit detailed, factual and legal documents in support of your position. o Complaints are usually prepared with the assistance of an attorney. o Complaints can involve lengthy proceedings, including affidavits and Depositions. o Typically involves a filing fee which can be waived by the FFC. Television Programming Telecommunications Act Section 713 of 1996 requires that every effort be made to make television programming accessible through closed captioning. The FCC rule requires 100% closed captioning of all new TV programs as of January 1, Section 713 covers companies that distribute television programs to home viewers: Cable television Direct-to-home satellite services Wireless cable systes Satellite master antenna television Open video systems Some exceptions apply: Where to File a Complaint Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Complaints th Street, SW Washington, DC V TTY Fax [email protected] Commercials less than five minutes long Programs shown between 2 a.m. and 6 a.m. Non-repeat local programming Programming narrowly distributed to individual educational institutions Public service announcements shorter than 10 minutes Programs in languages other than English and Spanish o o o Anyone can file a Section 713 complaint. Implementation of Section 713 is the responsibility of the FCC. FCC rules contain a schedule by which video program distributors and providers must make their programs accessible through closed captioning. For a detailed schedule see: Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 102

103 o Section 713 does not cover movie theaters, home, educational, and work-related videos for home, school, or business use. Other Laws Hearing Aid Compatibility (HAC): For Wireline Telephones: o All telephones manufactured or imported for use in the United States after August, 1989 must be hearing aid compatible o Includes all essential telephones Essential telephones are coin-operated, phones provided for emergency use, other telephones frequently needed for use by persons using such hearing aids Might include workplace phones, phones in confined settings (e.g. hospitals, nursing homes), phones in motel/hotel rooms o Secure phones, approved by U. S. Government to transmit classified or sensitive conversations, and phones used with public mobile and private radio services, are exempt from the HAC Act o Telephones must produce a magnetic field strong enough with good quality to permit coupling with hearing aids containing telecoils o Telephones must provide adequate range of volume Volume must be able to be increased to accommodate individuals regardless of whether or not they use hearing aids High volume telephones must automatically reset to lower volume each time handset is returned to on-hook condition Exemptions from this requirement is available under specific FCC rules o Telephones and telephone packaging containing hearing aid compatible handsets must be clearly labeled For Wireless Telephones: o FCC determined in 2004 that complete exemption of hearing aid compatibility for wireless telephones would have adverse effect on individuals with hearing disabilities Exemption limited due to technological advances in wireless phones and was in the public interest Compatibility with hearing aids using acoustic coupling: Beginning June 6, 2008, one-third of handset models offered to service providers must meet at least an M3 rating (M3 or above is considered hearing aid compatible ) Beginning June 6, 2008, each nationwide service provider must meet at least an M3 rating for 50 percent or eight of the handset models offered to consumers (whichever is less) per digital air interface o For service providers that do not meet the 50 percent threshold, the minimum number of compatible modesl required increases to nine on February 15, 2009, and ten on February 15, 2010 Beginning September 7, 2008, each non-nationwide wireless service provider must meet at least an M3 rating for 50 percent or eight of the handset models offered to consumers (whichever is less) per digital air interface. o For service providers that do not meet the 50 percent threshold, the minimum number of compatible models required, will increase to nine on May 15, 2009, and ten on May 15, 2010 o Until September 7, 2008, these service providers must offer at least two M3-rated handset models per digital air interface Compatibility with hearing aids using inductive coupling: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 103

104 Each handset manufacturer must offer at least two T3-rated handset models per digital air interface to service providers (T3 or above is considered hearing aid compatible) o Beginning February 15, 2009, 20 percent of handset models per air interface must have a minimum T3 rating o Beginning February 15, 2010, 25 percent of handset models per air interface must have a minimum T3 rating o Beginning February 15, 2011, one-third of handset models per air interface must have a minimum T3 rating Beginning June 6, 2008, each nationwide wireless service provider must meet at least a T3 rating for one-third or three of the handset models offered to consumers (whichever is less) per digital air interface o For service providers that do not meet the one-third threshold, the minimum number of compatible models required increases to five on February 15, 2009, seven on February 15, 2010, and ten on February 15, 2011 Beginning September 7, 2008, each non-nationwide wireless service provider must meet at least a T3 rating for one-third or three of the hanset models offered to consumers (whichever is less) per digital air interface o For service providers that do not meet the one-third threshold, the minimum number of compatible modesl required increases to five on May 15, 2009, seven on May 15, 2010, and ten on May 15, 2011 o Until September 7, 2008, these service providers must offer at least two T3-rated handset models per digital air interface Complaints: o First try to resolve it with equipment manufacturer or wireline/wireless service provider o If issue remains unresolved, you can file a complaint with the FCC at no charge Complaints can be filed Electronically using on-line complaint Form 2000C found at [email protected] Call Voice; TTY Fax Write to: Federal Communications Commission Consumer & Government Affairs Bureau Consumer Inquiries and Complaints Division th Street, S.W. Washington, DC Your complaint should include: o Name, address, address, and phone number where you can be reached o Preferred format or method of response (letter, fax, voice phone call, TRS, etc.) o That your complaint is about hearing aid compatibility for a wireline or digital wireless telephone o The make and model number of the equipment or device you are complaining about o The name, address, telephone number (if known) of the company/companies involved in your complaint; and o A brief description of your complaint and the resolution you want 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 104

105 o A full description of the equipment or service you are complaining about including date of purchase, use, or attempt to use For more information Consumer Fact Sheets are available for information about hearing-aid compatible wireline or wireless telephones at More information about FCC programs to promote access to telecommunications services for people with disabilities is found on the Disability Rights Office Web site at More information about other telecommunications-related issues is available at the FCC s Consumer & Governmental Affairs Bureau Web site at or contact the FCC s Consumer Center using the contact information provided for filing a complaint. Television Decoder Circuitry Act: Mandates that caption decoding capability be standard in a wide variety of television products. o Covered under this act: Television receivers having analog or digital equipment Personal computers with TV cards or other internal TV circuitry o o o o o o o o The Television Decoder Circuitry Act of 1990 requires televisions with screens 13 inches or greater to contain built-in circuitry that receives and decodes closed captions. FCC rules have been extended to cover digital television (DTV) receivers with screens that are 7.8 inches or larger vertically. All DTV tuners sold separately in the United States must have internal decoder capability. Digital TV receivers must allow consumers to control the print font and size, as well as the foreground and background color of the captions. Digital receivers must be capable of decoding and displaying up to 6 streams of captions. Converter boxes used to display digital programs on analog receivers must deliver the analog captioned information to the analog receiver. Personal computers with TV cards must also contain internal circuitry to decode and display captions if those computers are sold with screens that are at least 13 inches. Anyone can file a TV Decoder Act complaint. Forward documentation of your case to the FCC, Consumer & Governmental Affairs Bureau, Consumer Complaints. (See contact information above.) Televised Emergency Programming: Requires that all emergency programming be accessible to people with visual and/or hearing disabilities. o Covers all video program distributors and providers. Note: Before Filing a Complaint: 1. Some television models turn off sound when captions are turned on. Check with the manufacturer to have this corrected. 2. Many TVs activate captions automatically when you press the mute button. Read the television s directions thoroughly before proceeding with a complaint Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 105

106 3. Some television models automatically turn off the captions each time the television set is turned off. In some models, this feature cannot be overridden. o o Emergency programming includes any programming intended to further the protection of life, health, safety, or property. For individuals with hearing disabilities: Information may be provided through captions, scrolls across the screen, or another method of visual presentation. o For people with vision disabilities: Information must include video descriptions so long as the emergency information is being provided during a regularly scheduled newscast or a newscast that interrupts regular programming. o Rules requiring emergency access on televised programming cover a variety of emergency situations: Hazardous weather conditions Dangerous community occurrences Civil disorders School closings o o o o Accessible information must include critical details about the emergency and how to respond to that emergency evacuation routes and shelter locations. Accessible information must include critical details about the emergency and how to respond to that emergency evacuation routes and shelter locations. If the emergency information is provided by a means other than closed captioning, that other means cannot block the captions; in addition, closed captions may not block emergency information if the latter is not provided through captions. There are no exceptions for certain programs or networks or a phase in period for these televised emergency rules. The rules are fully effective at al times. o If you cannot resolve the problem by working directly with the television programming distributor or television station, forward documentation to the FCC, Consumer & Governmental Affairs Bureau, Consumer Complaints. (See contact information above.) Information regarding the Television Decoder Circuitry Act, and Televised emergency Programming, is taken from: Speak Out! About Inaccessible Information and Telecommunication Technology Speak Out! Is a publication by the Information Technology Technical Assistance and Training Center (ITTATC) of the Georgia Institute of Technology, 490 Tenth Street, NW, Atlanta, GA Website: [email protected], 1- TTY/V Information is copyrighted, but readers are encouraged to copy and share the information giving credit to ITTATC Sources of Disability Rights Information ADA Information Line Regional Disability and Business V Technical Assistance Centers TTY TTY/V Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 106

107 For more information related to laws described in this section, see the following Web sites: FCC Consumer Facts Web sites: Accessibility of Emergency Video Programming to Persons With Hearing and Visual Disabilities - Closed Captioning - Closed Captioning for Digital Television - Dial For Telecommunications Relay Service - Digital Television - Hearing Aid Compatibility for Wireless Phones - IP Captioned Telephone Service - IP Relay Service - Payphone Relay Service - Section 255 Telecommunications Access For people with Disabilities - Telecommunications Relay Services - VoIP/Internet Voice - Other information provided by the FCC: Cell Phone Facts - Hearing Aids and Cell Phones - Part 79 Closed Captioning of Video Programming Federal Agencies Rules and Regulations Rules and Regulations that Impact People Who are D/HH/DB Several laws exists that may impact the life of a person with a hearing loss. A n overview of such laws, along with contact information and Internet references is provided below. For further information, contact the ODHH. For more information about the laws in this Handbook see, A Guide to Disability Rights Laws, September Included in the Guide are links to several laws that address hearing loss. This guide can be found at: Individuals with Disabilities Education Improvement Act Requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Requires public school systems to develop appropriate Individualized Education Programs (IEP s) for each child. Mandates that particular procedures be followed in the development of the IEP. For information: Office of Special Education Programs Statute Citation: Office of Special Education and Rehabilitative Services 20 U.S.C et seq. U.S. Department of Education 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 107

108 400 Maryland Avenue, S.W. Washington, D.C TTY/V Implementing Regulation: 34 CFR Part 300 Fair Housing Amendments Act of 1988 Prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Includes private housing, housing that receives Federal financial assistance, and State and local government housing. For information: Office of Program Compliance and Disability Rights Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development th Street, S.W., Room 5242 V / TTY Statute Citation: 42 U.S.C et seq. Implementing Regulation: 24 CFR Parts 100 et seq For questions about the accessibility provision of the Fair Housing Act, contact: Fair Housing FIRST TTY/V Air Carrier Access Act of 1986 Prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental disabilities. Applies only to air carriers that provide regularly scheduled services for hire to the public. For Information: Aviation Consumer Protection Division U.S. Department of Transportation 400 Seventh Street, S.W. Room 4107, C-75 Washington, D.C V TTY Statute Citation: 49 U.S.C Implementing Regulation: 14CFR Part 382 Voting Accessibility for the Elderly and Handicapped Act Requires polling places across the U.S. to be physically to people with disabilities for federal elections. If an accessible location is not available, an alternate means of casting a ballot on the day of election must be provided. Requires states to make available registration and voting aids for disabled and elderly voters i.e Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 108

109 TTY. For information: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Voting Section 1800 G Washington, D.C TTY/V Statute Citation: 47 U.S.C. 1973ee et seq. National Voter Registration Act of 1993 Requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official. For information: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Voting Section 1800 Washington, D.C TTY/V Statute Citation: 47 U.S.C. 1973ee et seq. Architectural Barriers Act of 1968 Requires buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. Requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. For information: U.S. Architectural and Transportation Barriers Compliance Board 1331 F Street, N.W., Suite 1000 Washington, D.C V TTY www/access-board.gov Statute Citation: 42 U.S.C et seq. Implementing Regulation: 41 CFR Subpart Civil Rights of Institutionalized Persons Act Authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 109

110 developmental disabilities. For information: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Special Litigation Section PHB Washington, D.C TTY/V Statute Citation: 42 U.S.C et.seq. 31. Hearing Care Professionals Hearing Care Professionals Hearing aids can be purchased from an audiologist or from a hearing-aid dealer. Audiologists Audiologists are licensed hearing health care professionals who have earned a Master s Degree or a Doctorate. Audiologists specialize in: evaluating and treating hearing loss and balance disorders; recommending and providing appropriate hearing aids and hearing assistive devices; providing intervention and rehabilitation services such as speech reading and listening skills. Audiologists often conduct hearing screening and hearing conservation programs. Audiologist work in various settings: private practices, healthcare settings, educational settings, community/private/nonprofit agencies, industrial settings and in military facilities. Hearing Aid Dealer/Hearing Instrument Specialist Licensed hearing aid dealers specialize in the testing, selection and fitting of hearing aids. A hearing instrument specialist is not trained in the science of hearing and does not have the background that would allow them to treat individuals with more complex hearing issues or whose hearing loss is medically-based. The FDA requires that a hearing aid dispenser not sell a person a hearing aid unless they the person has a physician s statement that their hearing loss has been medically evaluated and that the person may be considered a candidate for a hearing aid. Otologist / Otolaryngologist / Ear Nose & Throat (ENT) Physicians Otologist / Otolaryngologist are physicians who specialize in the medical and surgical management and treatment of diseases and disorders of the ears, nose and throat. ENT physicians are trained in the treatment of hearing disorders, ear infections, balance disorders, tinnitus (ear noise), nerve pain and facial and cranial nerve disorders. They also manage birth disorders of the outer and inner ear. Some physicians have a hearing aid specialist or a dispensing audiologist on staff. Finding a qualified audiologist or hearing aid dealer There are several ways for individuals who are D/HH/DB to find a qualified audiologist or hearing aid dealer in the area where you live Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 110

111 1. Check with a national credentialing association such as: American Academy of Audiology (AAA) Plaza America Drive, Suite 300 Reston, VA Phone: V 800-AAA-2336, Web site: American Speech-Language-Hearing Association (ASHA) Rockville Pike Rockville, MD TTY/V [email protected] Web site: National Board for Certification of Hearing Instrument Sciences Middlebelt Livonia, MI V Fax: Website: 2. Check the Wisconsin Speech-Language Pathology and Audiology Professional Association (WSHA-P) WSHA-P 1360 Regent Street, #154 Madison, WI (800) FAX (888) [email protected]; Web site at 3. Check to make certain the provider is licensed within the state. 4. Ask your physician. Most can refer you to audiologists with whom they have worked. 5. Ask a friend to give you a candid opinion of audiologists and hearing aid dealers that he or she is familiar with. 6. Check the phone book to see if the professional or dealer represents different manufacturers or simply one brand. 7. Check the professional/hearing aid dealer s credentials with the Better Business Bureau/Consumer Protection Agency. 8. Set up a 10 to 15 minutes get acquainted session with the hearing care provider. 9. Determine what services will be provided and how long it will be provided. BE AN EDUCATED CONSUMER Federal and state regulations apply to the dispensing and fitting of hearing aids. The Federal Trade Commission (FTC) monitors the business practices of hearing aid dispensers and vendors. The Food and Drug Administration (FDA) enforces regulations dealing specifically with the manufacture and sale of hearing aids. A Wisconsin license is required to sell and fit hearing aids in the state (Wisconsin Statute Ch ) Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 111

112 See your physician first i. Rule out underlying illnesses or medical problems associated with the hearing loss 1. Not all hearing problems can be helped by a hearing aid or cochlear implant. ii. In Wisconsin, a person 17 years of age or younger MUST have a medical examination within 90 days prior to the fitting of a hearing aid (Wisconsin Statute Ch Get a hearing evaluation from a hearing care professional i. Know the difference between an Audiologist and a Hearing Instrument Specialist (see information under Hearing Care Professionals ) ii. A hearing evaluation will help you be fitted with a hearing aid that is appropriate for you and your hearing loss 1. Buying hearing aids through the mail or Internet has many risks a. Ads can be misleading and the hearing aid might not be appropriate for your hearing loss b. Who will fit your hearing aid? i. Hearing aids purchased outside of Wisconsin may not be able to be fit and/or serviced by a Wisconsin licensed practitioner Is there a trial period? i. Wisconsin requires a minimum of 30 days 1. A fee may be charged for professional services during the trial period 2. Custom-made earmolds are generally non-refundable Understand your purchase agreement i. Read it carefully ii. Ask if the warranty is honored by the manufacturer or by the dispenser 1. In some cases, a manufacturer may not honor its warranty unless the hearing aid is purchased from a seller authorized by the manufacturer 2. In Wisconsin, the seller of a hearing aid must give a personal guarantee that is at least identical in its terms to the manufacturers guarantee (Wisconsin Statute Ch ) iii. What services, if any, will be provided free of charge and for how long? iv. Will a loaner be provided if your hearing aid needs repair? Get a copy of your audiogram (hearing test) Sources: FTC Facts for Consumers: Sound Advice on Hearing Aids, May 1998; U.S. FDA s Straight Talk from FDA About Hearing Loss and Hearing Aids; Wisconsin Statute Ch 459; University of Wisconsin Health s Hearing Aids 32. Communication Services Sign Language Interpreter Sign Language/spoken English interpreters are highly skilled professionals that facilitate communication between hearing individuals and the Deaf or hard-of-hearing. Interpreters must be able to listen to another person s words, inflections and intent and simultaneously render them into the visual language of signs using the mode of communication preferred by the consumer who is D/HH/DB. The interpreter must also be able to comprehend the signs, inflections and intent of the consumer (sign language user) and simultaneously speak them in articulate, appropriate English. They must understand the cultures in which they work and apply that knowledge to promote effective cross-cultural communications. Interpreters are the bridge that makes it possible for hearing people to communicate with D/HH/DB 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 112

113 people who use sign language as their mode of communication and vice versa. Interpreters either interpret or transliterate depending on the preference of the D/HH/DB consumer. Interpreting means working between English and ASL. Transliterate means working between spoken English and a form of a signed language that uses a more English-based word order. Interpreting services are most commonly provided on-site, face-to-face. However, with advancing technology, video remote interpreting (VRI) is now available. VRI is fee-for-service interpreting using video conferencing capability. People who are deaf and use sign language to communicate can now make telephone calls using Video Relay Services (VRS). With VRS the call is facilitated by an interpreter in an off-site location. Sign Language The majority of Deaf individuals in the United States who sign, use American Sign Language (ASL) to communicate. ASL is a distinct visual-gestural-kinesthetic language. It borrows elements from spoken English and old French sign language, it has unique grammatical, lexical and linguistic features of its own. It is not English on the hands. ASL conveys meaning through: use of hand shapes, position and movement facial expressions body movements finger spelling signs that represent ideas and gestures Interpreter Specialties For example: English sentence I am going to the store to buy some new red shoes. ASL sentence STORE I GO BUY SHOES RED Sign languge interpreting makes communication possible between people who are D/HH/DB and people who can hear. Some interpreters specialize in facilitating communication for people who are D/HH/DB who do not use ASL or use a different form of signing. Oral Interpreters/Oral Transliterators Oral Interpreters/Oral Transleterators facilitate communication between D/HH/DB who use speech-reading (lip-reading) and speech as their primary mode of communication. Tactile Signing Tactile signing is interpreting for persons who are blind or have low-vision as well as deaf/hard of hearing by conveying signs into a person s hands. Cued Speech Cued Speech is a mode of communication based on the phonemes and properties of traditionally spoken languages. Cueing allows users who are deaf or hard of hearing or who have 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 113

114 language/communication disorders to access the basic, fundamental properties of spoken languages through the use of vision. Signed English Codes/Systems Because ASL is not English, educators and others have developed a number of signed codes which can include ASL vocabulary items, modify them to match English vocabulary, and put them together according to English grammatical rules. These codes have various names including Signed Exact English (SEE) and Manually Coded English (MCE). Additionally, when native speakers of English and native users of ASL try to communicate, the language that results is a mixture of both English and ASL vocabulary and grammar. This is referred to as PSE (Pidgin Signed English) or contact signing. Interpreting Credentials In the field of interpreting, as in other professions, appropriate credentials are an important indicator of an interpreter s qualifications. There is one national certifying body, the Registry of Interpreters for the Deaf (RID). RID awards certification to interpreters who successfully pass its tests assessing language, interpretation and communication skills as well as knowledge, judgment and decision-making skills on issues of ethics, culture, and professionalism. Nationally certified interpreters generally have more education, and more experience as an interpreter than interpreters with a state quality assurance skills assessment. In Wisconsin, the Wisconsin Interpreting and Transliterating Assessment (WITA) is offered for interpreters who have not yet achieved national certification and who are working toward that goal. The WITA provides an individual assessment of interpreting and transliterating skills, supporting professional growth in order to refine skills and increase knowledge. WITA is not a certification but a verification of skill level. More information on WITA is available at Legal base for providing interpreters: 1. Rehabilitation Act of 1973 (Section 504) 2. Americans with Disabilities Act (ADA) The ADA requires employers, public entities (state and local governments), and public accommodations to provide auxiliary aids and services to ensure effective communication with deaf and hard of hearing people. Auxiliary aids and services include provision of qualified interpreters. The term qualified is defined in the regulation to mean: an interpreter who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary. As of this publication, Wisconsin has no legal mandate for minimum skill in interpreting settings. The Wisconsin Office for the Deaf and Hard of Hearing recommends RID certification as a national minimum standard of proficiency in the interpreting field. To assist consumers in selecting an appropriate interpreter, a list and explanations of interpreter certifications/verifications (WITA skill levels), guidelines in determining which skill level may be appropriate in specific situations, and other resources are posted on the ODHH web site at Code of Professional Conduct 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 114

115 The following tenets form the basis for the Code of Professional Conduct developed by the Registry of Interpreters for the Deaf and the National Association for the Deaf ( Tenets Interpreters adhere to standards of confidential communication. Interpreters possess the professional skills and knowledge required for the specific interpreting situation. Interpreters conduct themselves in a manner appropriate to the specific interpreting situation. Interpreters demonstrate respect for consumers. Interpreters demonstrate respect for colleagues, interns, and students of the profession. Interpreters maintain ethical business practices. Interpreters engage in professional development. This Code of Professional Conduct applies to all members of the Registry of Interpreters for the Deaf, Inc. and to all certified interpreters. Principles of Ethical Behavior The Registry of Interpreters for the Deaf, Inc. has set forth the following principles of ethical behavior to protect and guide interpreters and transliterators and hearing and deaf consumers. Underlying these principles is the desire to ensure for all the right to communicate. Interpreters/transliterators shall: Keep all assignment-related information strictly confidential. Render the message faithfully, always conveying the content and spirit of the speaker using language most readily understood by the person(s) whom they serve. Not council, advise or interject personal opinions. Accept assignments using discretion with regard to skill, setting, and the consumers involved. Request compensation for services in a professional and judicious manner. Function in a manner appropriate to the situation. Strive to further knowledge and skills through participation in work-shops, professional meetings, interaction with professional colleagues, and reading of current literature in the field. Strive to maintain high professional standards in compliance with the Code of Professional Conduct. For current information about interpreter qualifications, a listing of interpreter training programs in Wisconsin, or for a list of freelance interpreters, contact any ODHH Regional Office, This information is also posted on the ODHH Web site at Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 115

116 Communication Access Realtime Translation (CART) Communication Access Realtime Translation (CART) is the instant - or realtime - translation of what is being spoken into English text. A CART provider s role is to facilitate communication using a stenotype machine with a phonetic keyboard, laptop computer, and realtime software to provide a word-for-word speech-to-text interpreting service for people who need communication access. CART provides a complete transcription of all spoken words and environmental sounds. The primary users of CART are people with English fluency who have a hearing loss (hard of hearing, late-deafened, oral deaf, people who have cochlear implants and in certain situations, people who are culturally Deaf); individuals with cognitive or motor challenges; and those with other communication barriers. Individuals who desire to improve their reading and language skills may also use CART. If the text is enlarged and back-lighted it may be used by some people who are Deafblind. CART services are generally provided by CART providers who are on-site, however, remote CART may be offered. With remote CART, the speaker s voice is transmitted electronically to a remote location where a CART provider types what is spoken. The text is sent via Internet connection or telephone line to the reader on a laptop computer or display screen. CART as an Auxiliary Aid under the ADA Under the Americans with Disabilities Act, CART is listed as an auxiliary aid. People with hearing loss have the same right to CART as they would to an assistive listening device or sign language interpreter. The provider (person responsible for providing access) has the right to select the auxiliary aid to be used but the accommodation must provide effective communication for the person with the hearing loss. Situations where CART is used: CART captions can be viewed by one or two people on a computer monitor or projected onto a large display for groups. CART is used in a number of settings: CART can be projected onto a screen along with a live video of a speaker so that user Conferences Meetings Courtrooms Senior citizen meetings Funerals City council meetings and other civic events Conventions Classrooms Church services Weddings Theater performances Conference Calls CART can be projected onto a screen along with a live video of a speaker so that users can use their speechreading skills. Benefits of CART: Equal access - CART consumers receive the same information as anyone else and can interact fully in any setting. Complete communication access - CART provides a verbatim record of the class, meeting, conference, etc., capturing every word as well as environmental sounds. Flexibility - CART can be used in a variety of settings, whether one-on-one with a single consumer reading off of the CART provider s laptop computer screen, in a small group such as a business meeting with the text appearing on a television monitor, or even in a much larger setting like a convention with the CART provider s realtime text projected to a large screen for everyone in the room to read Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 116

117 Independent learning/understanding - With the provision of CART, the responsibility for the consumer s learning or understanding lies with the consumer. For example, rather than relying on notes provided by others or a translation by an interpreter, the consumer will have a verbatim record of the event from which to determine what is or is not important, based upon the consumer s understanding of the material presented. Increased learning potential- In the classroom setting, studies have shown that CART enhances the deaf or hard of hearing person s ability to comprehend the speaker. Moreover, CART improves a hearing person s verbal comprehension. Full participation- Because the CART provider combines a word-for-word translation with environmental sounds, such as laughing or a cell phone ringing, and descriptions of tone or inflection (excited, despairing, angry, et.), the consumer has the opportunity to fully participate. Choice of notetaking options - The consumer can have the text file fed through a version of litigation-support software as the CART provider realtimes the class, meeting or event. The consumer can then use the highlight or annotate features of the software to pick out what he or she wants to retain. Thus, the consumer has the choice of obtaining the verbatim record of the event and/or only those portions that he or she deems important. Benefits of CART reprinted from the National Court Reporters Association Web site with the permission of NCRA. CART Reporter Credentials Most CART reporters train as court reporters and take additional classes that require a high degree of skill. CART reporters earn certifications through a rigorous testing process. Various Registered certifications are available and are maintained through a comprehensive program of continuing education that ensures the CART providers displays a consistent level of proficiency, technological advancement, and the other traits of well-rounded professional reporters. The National Court Reporters Association s (NCRA) Registered Professional Reporter (RPR) Program is the only nationally recognized certification program in the U.S. that establishes competence for CART reporters. Attainment of certification so that an individual s skills and knowledge can be examined objectively is strongly recommended. NCRA s Certified CART Provider (CCP) focuses on the requirements demanded of a competent CART provider. Other exams that may be relevant to judging an individual s capability to perform the required work are the Certified Realtime Reporter (CRR) and Registered Professional Reporter (RPR) designations. Although both the CRR and RPR also incorporate written knowledge and skills exams, neither fully tests an individual s knowledge of or capacity to provide CART. The requirements for the certifications are as follows: Registered Professional Reporters (RPR) requires knowledge in reporting, transcript production, operating practices, professional issues and continuing education, as well as the skill and ability to produce a high-quality verbatim record. RPRs type at speeds ranging from 180 words per minute (wpm) to 225 wpm, in certain skill areas. They transcribe notes with 95% accuracy. This certification is required to sit for any other NCRA examinations. Certified Realtime Reporters (CRR) realtime certification requires a reporter to have an RPR certification and to be a member in good standing of NCRA. CRRs write realtime at the speed of 180 words per minute at 96% accuracy. Each domain encompasses specific knowledge and skill areas as well as specific abilities. To be certified as a CRR, a RPR must be able to set up and operate equipment, write realtime at a required speed and accuracy, and convert files to an ASCII text file. Conflict-free Reporting CART providers must possess the skills necessary to produce a simultaneous translation of live proceedings in an 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 117

118 error-free or nearly error-free manner. This includes a product with no mistranslations of words and appropriate homonym applications. Homonym refers to words that have the same pronunciation but a different meaning and usually a different spelling. i.e. there and their, bear and bare. Certified CART Provider (CCP) eligibility to become certified as a CCP requires that a CART reporter have an RPR certification an be a member in good standing of NCRA. The CCP is a two-part exam consisting of both a written and a skills test. It is an entry level exam that measures the knowledge, skill, and ability of the candidate to produce complete, accurate, simultaneous translation and display of live proceedings utilizing computer-aided translation. The skills exam is identical to the CRR and while the job domains are similar, the CCP is expected to give environmental cues as well as write spoken words and to provide quality control. NCRA offers seven other certification programs that recognize new and expanding reporter markets. Requirements for these programs can be viewed on the NCRA Web site at: Continuing Education Units (CEUs) To maintain any and all NCRA certifications, a reporter must maintain continuous membership in NCRA and fulfill all continuing education requirements. Consumer Bill of Rights NCRA has identified basic rights to which consumers/users of CART services are entitled when served by a professional CART provider. Professionalism CART consumers have a right to expect CART providers to act in a professional manner, treating consumers with dignity, respect, and courtesy at all times; to dress in attire appropriate for the assignment and setting; and to provide services in accordance with the NCRA Guidelines for Professional Practice. Education CART consumers have a right to expect CART providers to be professionals who have passed stringent training and certification requirements and have undergone several years of postsecondary education to provide effective communication access. Sensitivity All CART consumers, regardless of differences in abilities, have a right to expect CART providers to have an awareness of and sensitivity to their needs. CART consumers have a right to expect CART providers to have a general knowledge about hearing loss and a general understanding of preferred communication modes and beneficial accommodations. CART consumers have a right to express their preferred method of communication. Confidentiality CART consumers have a right to expect CART providers to preserve their confidentiality (unless otherwise ordered by court of law), to respect their right to privacy, and to not disclose information without their consent Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 118

119 Impartiality CART consumers have a right to expect CART providers to provide equal services to all parties in all aspects of CART and to disclose any potential conflict of interest or inability to be impartial before providing services. Accuracy CART consumers have a right to expect clarity and accuracy of transcription, while recognizing these factors are highly dependent on the information provided to CART providers prior to the assignment as well as the speed and clarity of the speaker(s). Preparation CART consumers have a right to expect CART providers to be prepared for the assignment and to have created a job dictionary, including speaker identifications and terminology, utilizing the information provided by consumers or clients prior to the assignment. Regardless of assignment-specific terminology, CART consumers have a right to expect CART providers to have an extensive vocabulary and to be familiar with terminology in a number of different settings, to be able to spell words which are not in their specific computer dictionary, to maintain a high level of skills, and to be able to use and troubleshoot the computer software used to provide CART services. Staying in Role CART consumers have a right to expect CART providers to refrain from commenting, interjecting, advising, or in any way becoming involved in the assignment outside the role of communication access. Exceptions may occur with CART consumer permission. Consumer Choice CART consumers have a right to make informed seating decisions, screen readability decisions such as foreground and background colors, font style and size, in conjunction with the CART provider s needs such as electrical outlets and safety. When there is more than one CART consumer, the needs of all consumers will be balanced for maximum effective communication access for all. Roughly Edited Files CART consumers, based upon the contract between the CART provider and the hiring party, may have a right to a roughly edited file of the assignment. Whether or not this file will be provided should be agreed upon before the assignment and is dependent upon many factors including institutional policies, work product, compensation arrangements, and confidentiality issues. If so authorized, CART consumers have a right to expect CART providers to roughly edit the file to remove any mistranslates or untranslates and to provide the file to the consumer in an agreed-upon format. To locate a qualified CART Reporter, see the NCRA Web site at: or Contact ODHH at: Voice: or obtain a list of providers in Wisconsin at Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 119

120 33. Legal Aid Statewide resources are available to assist low-income persons and seniors with law-related (noncriminal) issues. Legal services provided vary and are offered free or at low cost. Eligibility requirements may apply. Some programs serve specific populations such as women, children, refugees and Native Americans. Where to find legal aid in Wisconsin: The State Bar of Wisconsin Wisconsin s Lawyer Referral and Information Service (LRIS) available at: After you receive your referral, call the attorney's office to schedule an appointment. If you tell the attorney that you were referred by the State Bar's Lawyer Referral and Information Service your initial half-hour consultation will cost no more than $20. Contact the State Bar of Wisconsin, P.O. Box 7158, Madison, WI ; phone: (608) ; fax: (608) If you feel you cannot afford a lawyer, the LRIS may be able to help you through its Modest Means Program. The Modest Means Program assists people whose income is too high to qualify for free legal services, but too low to pay a lawyer s standard rate. Information is available at the above web site or contact the State Bar of Wisconsin (listed above). The State Bar of Wisconsin web site includes many resources, legal questions/answers, consumer alerts, special features and law-related education information. Visit their main web site at Legal Aid Programs and Services These are programs throughout the state that assist individuals and families with incomes near the federal poverty levels who have various non-criminal legal needs. Some of these are pro bono programs services volunteered for the good of the public. o Legal Services Corporation, Inc. (LSC) Congressional funding for legal services programs Thought of as basic legal services or legal aid offices. Most programs have more than one office in their territory. Priorities and ability to serve varies from program to program. Many must concentrate on serving only the very poor. Programs provide basic information in the areas of domestic violence/family law, public benefits, and housing related issues. Legal Action of Wisconsin Inc 230 West Wells Street Room 800 Milwaukee, WI Telephone: LSC Programs in Wisconsin Wisconsin Judicare Inc. 300 Third Street Suite 210 P.O. Box 6100 Wausau, WI Telephone: Counties Served: Adams, Brown, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Door, Fond du Lac, Grant, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Outagamie, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Trempealeau, Verenon, Walworth, Counties Served: Ashland, Barron, Bayfield, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Pepin, Pierce, Polk, Portage, Price, Rusk, St. Croix, Sawyer, Shawano, Taylor, Vilas, Washburn, Waupaca, Wood, Native Americans living in all counties in Wisconsin, including 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 120

121 Washington, Waukesha, Waushara, Winnebago Legal Action of Wisconsin, Inc. is the largest staff-based provider of civil legal services for low-income Wicsonsin persons. Legal Action s staff and volunteer attorneys provide advice and legal representation in: Public Benefits/Health Law; Family Law; Housing; Education; Legal Intervention for Employment (LIFE); SeniorLAW; Migrant Project. Offices are located throughout the state and can be found on the Legal Action web site (see above). the Indian Country of the Menominee, Stockbridge- Munsee, Ho-Chunk, Potowatomi, Lac du Flambeau, Oneida, Mole Lake, Lac Courte Oreilles, St. Croix, Bad River, and Red Cliff Wisconsin Judicare, Inc. is a non-profit law firm dedicated to equal access to justice for northern Wiconsin s residents. They act as the civil legal service provider for Wisconsin s northern counties (listed above) and eleven federally recognized Indian tribes. Wisconsin Judicare emphasizes utilization of the private bar to represent low-income persons and provide eligible clients the freedom to choose their attorneys. The Indian Law Office provides representation to low income Native Americans in civil matters involving Indian law issues. Additionally, Judicare s Indian Law Office provides legal assistance to Indian tribes on a variety of tribal projects through contracts and agreements with individual tribes (e.g. tribal code development, lay advocate training, tribal/state judicial relations). o Non-Profit or Community-Based Advocacy and Legal projects Free-standing programs with unique client eligibility requirements. Attorneys volunteer pro bono services to the program. Clients are free to call attorneys directly. Coalition of Wisconsin Aging Groups Elder Law Center (CWAG) Legal Services Division: Nationally recognized as a provider of legal services and resources to citizens 60 years and older with special emphasis on the frail and vulnerable elderly in need of long-term care. CWAG also provides education and services at the local, state and national levels through training and publications. The Coalition of Wisconsin Aging Groups recognize the financial constraints facing many of Wisconsin's seniors and provides most of its services free of charge. Benefits Specialist Program: Accessing benefits such as Medicare, Medical Assistance, Social Security, SSI, Food Stamps, Long Term Care can sometimes be difficult and confusing. The Benefit Specialist Program is a federal and state mandated advocacy program designed to provide older adults with assistance on some legal issues. Assistance can range from information about eligibility criteria and help in applying for an entitlement, to assistance in receiving benefits, covered services or appealing denials and terminations. Representation may take the form of paper reviews and reconsiderations through appeals process including in-person hearings before an Administrative Law Judge or a hearing officer. Disability Rights Wisconsin (DRW) Disability Rights Wisconsin is a private non-profit organization designated by the Governor to ensure the rights of all state citizens with disabilities through individual advocacy and system change. DRW, formerly known as the Wisconsin Coalition for Advocacy, is completely independent of government and the disability service system in order to be free of any conflicts of interests which would undermine their capacity to advocate vigorously on behalf of the human and legal rights of people with disabilities. DRW helps Wisconsin citizens with disabilities gain access to services and opportunity through its advocacy and legal expertise. The agency also works on disability issues with the state and local governments. Financial support comes from individuals and private foundations, training fees, and government grants. DRW has offices in Madison, Milwaukee, and Rice Lake, Wisconsin. Full contact information for each office is available on their web site listed above Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 121

122 Other Legal Aid Services in Wisconsin (list is not all-inclusive): ABC for Health: AIDS Resource Center of Wisconsin Legal Services: American Civil Liberties Union: Catholic Charities of the Archdiocese of Milwaukee Immigration Legal Services Project: Legal Aid Society of Milwaukee: National Association for the Advancement of Colored People: Legal Aid services focus on family, housing, income and consumer issues. Following is a list of some of the services provided. Note: this list is not complete. Domestic Violence Divorce Probate matters Guardianship Child support Child abuse & neglect Power of attorney Tenant s rights Eviction Mortgage foreclosure Public benefit denial Medicaid Disability rights Social Security: SSI or SSD Medicare Health care Food assistance Employment issues Debt counseling Bankruptcy Unfair sales practices o o Wisconsin Office of the State Public Defender Provides legal representation to indigent clients in criminal and certain civil cases Protects rights of the accused Advocates as a criminal justice partner for effective defender services and a fair and rational criminal justice system Federal Defenders of Wisconsin Dedicated to serving clients who cannot afford to hire a lawyer in a federal criminal case Not part of the government is a private corporation without shareholders Mission is to provide a defense as good as or better than wealthy clients can buy Alternative Dispute Resolution Disputes can arise in the workplace, the neighborhood, in school, in business, and in families. Professionals from varied backgrounds have collaborated to develop processes for resolving disputes outside of the court system. Alternative Dispute Resolution (ADR) processes most commonly used are arbitration and mediation. Other forms of ADR include early neutral evaluation, moderated settlement conferences, focus groups, summary jury trials, mini-trials, and direct negotiation. ADR process can be effective and may save time, legal expenses, allow for creative solutions, greater privacy, etc. A consumer pamphlet is available to answer commonly asked legal questions through the State Bar of Wisconsin. The brochure is available in a free HTML version or can be purchased in quantities as low as 50 of each title. Contact the State Bar of Wisconsin (see above for contact 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 122

123 information) or visit The place to start is with your attorney. If you don t have an attorney, you might contact any of the following organizations for information about ADR services: State Bar of Wisconsin s Lawyer Referral and Information Service or State Bar of Wisconsin s Alternative Dispute Resolution Section - State Bar of Wisconsin s Fee Arbitration Program Wisconsin Association of Mediators American Arbitration Association Association for Conflict Resolution or D%3D CPR Institute for Dispute Resolution or In addition, some Wisconsin counties have nonprofit conflict resolution centers associated with the court system. Contact the courthouse in your county to determine if such a service is available in your area. 34. Division of Vocational Rehabilitation (DVR) Accessing DVR services If you would like to find a meaningful career or, if you need assistance to keep your current job, you can access DVR services by contacting the nearest DVR office. A referral to DVR can also be made for you by any number of people, such as: A family member Hospital personnel A school counselor or teacher A mental health professional A social worker A person from a church A community agency Determining if you are eligible for DVR services DVR works with people with a wide range of disabilities, including, hearing loss. To receive services from DVR you need to have a disability which is severe enough that you have problems getting or keeping a job specifically because of your disability. What DVR can do? Provide employment services and counseling to people with disabilities Provide or arrange for services to enable an individual to go to work Provide training and technical assistance to employers regarding disability employment issues What services does DVR offer? Career guidance and counseling Job search and placement assistance Information and referral services Transition to work services for students with disabilities in high school Supported employment services for persons with severe disabililties 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 123

124 Rehabilitation technology Vocational and other training Disability and employment assessment Transportation Occupational licenses, tools and other equipment Assistance in small-business plan development Interpreter services Rehabilitation teaching services Diagnosis and treatment Post-employment services Vision Loss If you have a vision loss and are considered legally blind, you may be eligible for rehabilitation teaching services through the Department of Health Services Office for the Blind and Visually Impaired or through the Wisconsin Council for the Blind. To find the DVR office nearest you, call: V or TTY You can also check the DVR web site at: To contact the Office for the Blind & Visually Impaired, call: Voice or Toll-free ; To contact the Wisconsin Council of the Blind & Visually Impaired, call: Voice or Toll-free ; What are your responsibilities? You must tell your DVR Counselor if you get a job Follow through on the responsibilities listed in your Individualized Plan for Employment (IPE) Keep appointments or notify your DVR Counselor if you cannot keep an appointment Provide accurate information about yourself Contact DVR at least once a month more often if anything changes with your case What are your rights? Confidentiality information about your case will only be shared if you give permission To have an Individualized Plan for Employment (IPE) o You will develop the plan with your DVR Counselor You are not usually charged for any DVR services. Free services include: o Counseling o Disability assessments o Job placement services o ob follow-up services o Vocational evaluations You have a right to appeal decisions relating to your case or discuss other problems you encounter DVR may purchase or arrange other services for you from public or private agencies in the community. DVR will not apply or require a financial needs test as a condition for providing most vocational rehabilitation services. A financial needs test as applied by the Free Application for Federal Student Aid (FAFSA) is 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 124

125 required for post-secondary education services. Consumers shall be advised that they can voluntarily participate in the cost of the services listed in their plan for employment but are not required to do so. 35. Wisconsin Telecommunications Relay System (WTRS) Wisconsin Telecommunications Relay System (WTRS) Hamilton Relay provides traditional relay services for the state of Wisconsin including TTY, Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-to-Speech 9STS), Spanish and CapTel. A Communication Assistant (CA) facilitates calls between a voice and TTY or VCO caller by typing what is said by the voice caller so that it appears on a display screen on the TTY or VCO phone. Their skills provide a communication link between people who are D/HH/DB or speech disabled and people who are hearing. What You Can Expect From a CA CA types everything the voice user says and voices everything typed by the relay user. Conversations are relayed word for word and everything the CA hears is noted, including background noise and side conversations. The CA s role is to act as an invisible link between the parties in the conversation. CAs cannot comment on the conversation, answer questions or become involved in any other manner. All calls are kept strictly confidential. As required by law, no relay employee can disclose information from a relay conversation and no records of any relay conversation are saved in any format. For information on how to make calls using WTRS TTY to Voice - Voice to TTY TTY to TTY / VCO calls Or Check out the WTRS Web site at: Using Telephone Services With the Relay What happens if I place a call and get an answering machine or voice mail system? Relay users can leave and retrieve messages from their voice processing systems (answering machines). Relay also allows users to respond to automated response systems. How does Caller ID work on my TTY/VCO phone? If you have Caller ID you will see the telephone number of the person calling you on your TTY/VCO display screen. When you make a call, your number is displayed on the Caller ID equipment of the telephone you are calling. To subscribe to Caller ID you must contact your local phone company Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 125

126 Is there a way for me to block my telephone number from Caller ID? Caller ID through relay works exactly the same as it does when not using relay. If Caller ID informaton is blocked or if the call is out of the area or the caller information is unavailable then you will receive a message telling you that. Can I use a prepaid calling card from my TTY/VCO phone? Using prepaid relay calling cards, you can purchase long distance minutes that can be used to make relay calls through Hamilton Relay. This card can be used from any telephone, but must be used through the relay service. Hearing people can also use the card to call through the relay. How do I pay for a call I make from a pay phone? Local calls from a pay phone are free. Just dial (or the toll free TTY number for the relay in your state) and provide the CA with the number you want to call. If you are placing a long distance call, give the CA a way to bill the call (calling card, prepaid calling card, collect or third party, etc.) Charges for calling cards may vary, so check with your long distance provider. NOTE: Coins cannot be used to pay for a long distance relay call from a pay phone. Making an emergency TTY call: Dial 911 or your local emergency service TTY number directly, without using the relay. ADA requires 911 Centers have TTYs and be prepared to handle emergency calls. Remember the relay center is NOT a 911 center and do not assume responsibility for emergency calls although they will make every effort to assist you in an emergency. Special Types of Calls Additional Relay Services CapTel Relay Service Conference calling capability Directory Assistance International calling 900 Numbers and Pay-Per-Call services Dialing 1010 through relay Speech-to-Speech Relay 2-Line VCO and HCO Video Relay Service Internet Relay Service TeleBraille Relay Service (for people with combined hearing and vision loss) 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 126

127 36. Tax Incentives for Improving Accessibility Two tax incentives are available to businesses to help cover the cost of making access improvements. Disabled Access Tax Credit Title 26, IRS Code, Section 44 o o o Created in 1990 to help eligible small businesses cover ADA-related eligible access expenditures. Eligible small businesses are businesses that for the previous tax year had either revenues of $1,000,000 or less or 30 or fewer full-time workers. Eligible access expenditures are amounts paid or incurred for the purpose of enabling the business to comply with the requirements of the ADA. This includes a variety of expenditures, including: Removing architectural, communication, physical, or transportation barriers that prevent a business from being accessible to, or usable by, individuals with disabilities, Providing qualified readers, taped texts, and other effective methods of making materials accessible to people with visual disabilities, Providing qualified interpreters or other effective methods of making orally delivered materials available to individuals with hearing disabilities, Acquiring or modifying equipment or devices for individuals with disabilities, or Providing other similar services, modifications, materials, or equipment, Fees for consulting services (under certain circumstances) o o Equals 50% of the eligible access expenditures in a year that exceeds $250 up to a maximum expenditure of $10,000 for a taxable year. Disabled Access Tax Credit can only be used for adaptations to existing facilities that are required to comply with the ADA. It cannot be used for new construction. Tax Deduction Title 26, IRS Code, Section 190 o o o Businesses (including active ownership of an apartment building) of any size may use this deduction for the removal of architectural or transportation barriers. Renovations under Section 190 must comply with applicable accessibility standards. A maximum of $15,000 per year may be deducted for costs incurred each year for architectural and transportation barrier removal expenses. Using Annual Incentives The tax credit and deduction can be used annually; expenses that exceed a credit or deduction claim one year cannot be carried over to the next year. If the amount of credit a business is entitled to exceeds the amount of taxes the business owes, the business may carry forward the unused portion of the credit to the following year Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 127

128 Small businesses can use the tax credit and tax deduction in combination if the expenditures incurred qualify under both Section 44 and Section 190. For more information, Request IRS Publications 535 and 334, or Form 8826 from the IRS. For conventional delivery by mail, call: Or, download from the Internet: Publication Publication Form Fact Sheet 4: Tax Incentives for Improving Accessibility State of Wisconsin Government Services Department of Administration DOA supports other state agencies and programs with services like centralized purchasing and financial management. The department also helps the governor develop and implement the state budget. The ultimate goal of all of our programs is to offer Wisconsin residents the most efficient, highes-quality state government services possible. Department of Agriculture, Trade, and Consumer Protection We are the agency responsible for food safety, animal and plant health, protecting water and soil and monitoring fair and safe busines practices. Department of Children and Families The missiong of the Department of Children and Families is to promote the economic and social well-being of Wisconsin s children and families. The Department is committed to protecting children, strengthening families, and building communites. Department of Commerce The Department of Commerce provides development assistance in areas such as marketing, business and community finance, exporting, small business advocacy, and manufacturing assessments. It also issues professional credentials for the construction trades and administers safety and building codes. Commerce also regulates petroleum products and tank systems and administers the Petroleum Environmental Clean-up Fund Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 128

129 Department of Employee Trust Funds Department of Corrections The Department of Corrections will protect the public through the constructive management of offenders placed in its charge. We administer retirement and other benefit programs for more than 540,000 Wisconsin Retirement System (WRS) participants and 1,400 employers. Our programs cover state and local government employees and retirees. Our mission is to develop and deliver quality benefits and services to our customers while safeguarding the integrity of the Trust. Department of Financial Institutions The Wisconsin Department of Financial Institutions mission is to ensure the safety and soundness of Wisconsin's financial institutions, to protect the consumers of financial services, and to facilitate economic growth. The agency regulates and licenses financial service providers who do business in Wisconsin. Office of the Govenor This site below serves as your link to Govenor Doyle s Administration. Much of the information regarding his priorities and other related information can be found there. Govenor Doyle strives to make sure that all people in Wisconsin have access to supported employment, quality education, high quality affordable health care along with the opportunity to enjoy all that life here has to offer in the state of Wisconsin. Department of Health Services Wisconsin Emergency Management Wisconsin Emergency Management efforts are coordinated with local, state, tribal and federal agencies, as well as volunteer and private sector partners. We support 72 Wisconsin counties and bring emergency management services to the state's 5.5 million citizens. The Department of Health Services (DHS) mission is to protect and promote health and safety of people in Wisconsin. DHS work is focused on specific goals and values such as: to assure the health, safety, and well being of Wisconsin citizens while emphasizing prevention; to make Wisconsin a national leader in reforming health care; to improve the lives of Wisconsin Seniors and people with disabilities; to increase the opportunities for children to grow up safe, healthy, and successful in strong families; and to create a high-performing organization that is customer-focused, and values our partners and employees. Department of Justice The Department of Justice (DOJ) provides legal advice and representation, criminal investigations, and various law enforcement services for the state. It represents the state in civil cases and handles criminal cases that reach the Wisconsin Court of Department of Military Affairs The Department of Military Affairs (DMA) is a unique and complex organization. Department Operations is comprised of State and Federal partners that support the mission 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 129

130 Appeals or the Wisconsin Supreme Court. It also represents the state in criminal cases on appeal in federal courts and participates with other states in federal cases that are important to Wisconsin. The Department provides legal representation in lower courts when expressly authorized by law or requested by the governor, either house of the legislature, or a state agency head. It also represents state agencies in court reviews of their administrative decisions. The Department consists of four divisions and one office. The Division of Criminal Investigation, Division of Law Enforcement Services, Division of Legal Services, Division of Management Services and the Office of Crime Victim Services. of the DMA in the areas of human resources, budget and finance, facilities, and strategic initiatives. Department of Natural Resources The Department of Natural Resources (DNR) is dedicated to the preservation, protection, effective management, and maintenance of Wisconsin s natural resources. It is responsible for implementing the laws of the state and, where applicable, the laws of the federal government that protect and enhance the natural resources of our state. It is the one agency charged with full responsibility for coordinating the many disciplines and programs necessary to provide a clean environment and a full range of outdoor recreational opportunities for Wisconsin citizens and visitors. Department of Public Instruction The Department of Public Instruction (DPI) is the state agency that advances public education and libraries in Wisconsin. The Department is headed by the State Superintendent of Public Instruction, a nonpartisan, constitutional officer elected every four years. Department of Regulation and Licensing The Departmetn of Regulation and Licensing (DRL) and related professional boards protect the citizes of Wisconsin by ensuring he safe and competent practice of licensed professionals. We serve the public and the professionals we regulate by fairly admiistering education, experience, and examination requirements, setting professional practice standards, and ensuring compliance by enforcig occupational licensing laws. Department of Revenue Office of the Secretary of State The Office of the Secretary of State is headed by an elected Secretary of State, whose term of office is four years. Wisconsin's Constitution requires the Secretary of State to maintain the official acts of the Legislature and Governor, and to keep the Great Department of Tourism The Wisconsin Department of Tourism provides leadership and guidance to Wisconsin's tourism industry to ensure that tourism is a top contributor to the state's economy and quality of life Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 130

131 Seal of the State of Wisconsin and affix it to all official acts of the Governor. In addition, the Office administers program responsibilities set forth in approximately 100 sections of the Wisconsin Statutes, including issuing notary public commissions; issuing notary authentications and apostilles; recording annexations and charter ordinances of municipalities; registering trade names and trademarks; publishing legislative acts; filing oaths of office; and filing deeds for state lands and buildings. Department of Veterans Affairs Department of Transportation The Department is responsible for planning, building and operating county and local transporation systems from highways to public transit and other modes. WisDOT plans, promotes and financially supports statewide air, rail and water transportation, as well as bicycle and pedestrian facilities. WDVA provides grants, loans and a variety of services to eligible Wisconsin veterans and their families. The mission of the Wisconsin Department of Veterans Affairs is serving Wisconsin veterans, their families, and their survivors with dignity and compassion in recognition of their sacrifices and service to Wisconsin and the nation; serving as their principle advocate in the state; providing outreach, programs and services to ensure they receive the benefits to which they are entitled; developing, coordinating, administering, and maintaining state programs and services that provide health, educational, economic, and social assistance and lasting memorialization, in supplement and complement to those provided by the federal government; and acknowledging, commemorating, and affirming the role of Wisconsin veterans in the United States of America's military past by means of instructive exhibits and other educational programs. Department of Workforce Development The Wisconsin Department of Workforce Development (DWD) is a state agency charged with building and strengthening Wisconsin s workforce in the 21 st century and beyond. The Department s primary responsibilities include providng job services, training and employment assistance to people looking for work, at the same time as it works with employers on finding the necessary workers to fill current job openings Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 131

132 Part IV Appendix 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 132

133 Appendix A Sample Letter Requesting a Sign Language Interpreter or other Accommodation Your Name Street Address City, State, Zip Code Date Name of Doctor/Clinic Street Address City, Sate, Zip Code Dear Dr. : I have an appointment with Dr. (insert doctor s name) on (insert date) at (insert time). I am (insert your hearing disability) and will need a (insert the type of accommodation you prefer) to communicate effectively with you (or the doctor). I therefore request that you provide (insert preferred accommodation) for my appointment. I have important questions about my health. I therefore request that you provide an (interpreter or realtime captioning) during my appointment. If you need a phone number to call for an (interpreter list, interpreter referral agency, or list of realtime captioning providers) please let me know. Thank you, Your name If possible, requests for an interpreter should be made when you make an appointment but at least 7 10 days in advance of the time the services are needed. If for some reason, you must cancel your appointment, be sure to notify the doctor s office as soon as possible so the interpreting or captioning services can be cancelled Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 133

134 Appendix B Sample letter to request an accommodation when using the court system Your Name Street Address City, State, Zip Code Date Clerk of Court (Name of County/State Court) Street Address City, Sate, Zip Code Dear Clerk: I have a (insert reason for your appearance in court) on (insert date) at (insert time). I am (insert your hearing disability) and will need a (insert the type of accommodation you prefer) to communicate effectively and participate in the full proceeding. I therefore request that you provide (insert preferred accommodation) for my (insert reason for your appearance in court). If you need a phone number to call for an interpreter list, interpreter referral agency, or realtime caption provider please let me know. Thank you, Your name If possible, requests for an interpreter should be made when you are notified that you must appear in court but at least 7 10 days in advance of the time the services are needed. If for some reason, you must cancel your court date, be sure to notify the clerk s office as soon as possible so the interpreting or captioning services can be cancelled Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 134

135 MC 70 (10/97) REQUEST FOR ACCOMMODATIONS Appendix C Sample Complaint letter to the Civil Rights about a doctor who refused to provide sign language interpreter. Your Street Address City, State Zip Code Date U.S. Department of Justice Office of Civil Rights 330 C St. SW, M.Switzer Bldg Washington, D.C Dear Caseworker: I am filing a complaint against my doctor who refused to provide me an interpreter for my appointment with him/her on July 5, I am deaf. The doctor s name is Dr., street address, City, State and Zip Code. Dr s phone number is. I requested an interpreter in writing on July 4, 2004 for my appointment with Dr. When I arrived at the doctor s office, the interpreter was not there. I asked the receptionist whether or not she called the interpreter. She said that the doctor said I didn t need the interpreter because we can write notes. I have a serious health issue and it is hard to explain things on paper. I have problems with my kidneys. I did not understand what the doctor wrote to me. His/her handwriting was not very clear. He told me to take medicine and I did not understand the purpose of the medicine. I am worried about my health in the future and I like my doctor. Your help will be appreciated. A copy of the letter requesting the interpreter is attached. A copy of the note of what the receptionist wrote is also attached. Sincerely (your signature) Your typed first and last name Your phone number Your address 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 135

136 Appendix D Sample Complaint letter to Civil Rights about a supervisor who refused to provide an amplified phone. Your Street Address City, State Zip Code Date U.S. Equal Employment Opportunity Commission 1891 L. Street, N.W. Washington, D.C Dear Caseworker: I am filing a complaint against my supervisor who refused to provide me an amplified phone at my office. I am hard of hearing and I work for XYZ Insurance Company, street address, city, state and zip. XYZ supervisor s phone number is. My supervisor s name is. On December 5, 2005 I started my new job as sales agent. I requested my supervisor in writing to provide me an amplified phone as an accommodation for my job. The amplified phone will help me hear phone conversations with customers. The supervisor said that I hear and speak well and do not need the phone. I have tried to resolve this matter through the personnel office without luck. Your assistance will be appreciated. A copy of accommodation request is attached. Sincerely (your signature) Your typed first and last name Your phone number Your address 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 136

137 Appendix E U.S. Department of Justice Civil Rights Division Disability Rights Section OMB No Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on page 3. Complainant: Address: City, State and Zip Code: Telephone: Home: Business: Person Discriminated Against: (if other than the complainant) Address: City, State, and Zip Code: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 137

138 Telephone: Home: Business: Government, or organization, or institution which you believe has discriminated: Name: Address: County: City: State and Zip Code: Telephone Number: When did the discrimination occur? Date: Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes No If yes: what is the status of the grievance? 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 138

139 Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes No If yes: Agency or Court: Contact Person: Address: City, State, and Zip Code: Telephone Number: Date Filed: Do you intend to file with another agency or court? Yes No Agency or Court: Address: City, State and Zip 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 139

140 Code: Telephone Number: Additional space for answers: Signature: Date: Return to: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Disability Rights - NYAV Washington, D.C last updated October 3, Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 140

141 Appendix F 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 141

142 Rider Complaint Form Federal Transit Administration Office of Civil Rights Complaint Form The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring of public transportation, which includes ensuring that providers properly implement Title II of the Americans with Disabilities Act of 1990 (the ADA), the Department of Transportation (DOT) ADA regulations, and Section 504 of the Rehabilitation Act of In the FTA complaint investigation process, we analyze the complainant's allegations for possible ADA deficiencies by the transit provider. If deficiencies are identified they are presented to the transit provider and assistance is offered to correct the inadequacies within a predetermined timeframe. FTA also may refer the matter to the U.S. Department of Justice for enforcement. Section I Name: Address: Telephone Numbers: (Home) (Work) Electronic Mail Address: Accessible Format Requirements? Large Print Audio tape TDD Other Section II Are you filing this complaint on your own behalf? Yes No [If you answered "yes" to this question, go to Section III.] If not, please supply the name and relationship of the person for whom you are complaining: 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 142

143 Please explain why you have filed for a third party. Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes No Section III Have you previously filed an ADA complaint with FTA? Yes No If yes, what was your FTA Complaint Number? [Note: This information is needed for administrative purposes; we will assign the same complaint number to the new complaint.] Have you filed this complaint with any of the following agencies? Transit Provider Department of Transportation Department of Justice Equal Employment Opportunity Commission Other Have you filed a lawsuit regarding this complaint? Yes No If yes, please provide a copy of the complaint form. [Note: This above information is helpful for administrative tracking purposes.] Section IV Name of public transit provider complaint is against: Contact person: Title: Telephone number: On separate sheets, please describe your complaint. You should include specific details such as names, dates, times, route numbers, witnesses, and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint. Section V 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 143

144 May we release a copy of your complaint to the transit provider? Yes No May we release your identity to the transit provider? Yes No Please sign here: Date: [Note - We cannot accept your complaint without a signature.] Please mail your completed form to: Director, FTA Office of Civil Rights East Building 5 th Floor, TCR 1200 New Jersey Ave., SE Washington, DC You may also leave a message at our toll free FTA ADA Assistance Line, (Voice) or through the Federal Information Relay Service, We can be reached by electronic mail at: [email protected]. The FTA Web Page can be found at [ Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 144

145 RIGHTS DICTIONARY DEFINITION WORD Accessible Ambience Appropriate Architecture Aural Auxiliary aids Candela Civil rights Critical Deference Determines Discriminate Dwelling (place) Effective communication Entity Equal access Equal opportunity Facility Federal Interpreting Job placement Mobility Modifications Neglect Non-profit organization Easily approached, easily obtained, open to The atmosphere or mood created by a particular environment Suitable, fit, proper The design and construction of a building Of, pertaining to, or perceived (heard) by the ear Devices, programs and services that help persons who are deaf, hard of hearing, and DeafBlind live more independently A measurement of light intensity Personal rights that are guaranteed and protected by the constitution Very serious, very important To give or furnish naturally Settles or decides by choosing between possibilities To treat people differently, to show partiality or prejudice A place to live, a house Being able to understand and to be understood Something that is real, or that exists in the mind Having the same freedom or ability to obtain or make use of a service or something such as communication Having chances or circumstances equal to what others experience Something created for a specific function (hospital facilities, meeting facilities) Of or pertaining to the United States Government Receiving a message in one language and delivering it in another The assignment of a person to a suitable job Having the ability to physically (bodily) move about The change or adjustment of a physical structure (building, parking lot) or of services (large print, captioning) To fail to do something or to leave something undone An organization whose purpose is other than to make money 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 145

146 Obligation Premises Prohibit Prohibit Provider Public entity Qualified Reasonable accommodation Recipient Service animal Surcharge Telecommunication Violation A responsibility or duty A building, property To forbid or prevent To forbid or prevent A person who makes something, such as a service, available A public building that is for the benefit of all Meets conditions or requirements (able to perform the important duties of a job with or without accommodations) Any change to a job or work environment, or the way things are usually done, to allow a qualified Deaf/HH person to have an equal employment opportunity A person that receives services A dog that is trained to assist a person with a disability with their day-to-day activities An additional charge for use of special equipment that provides access The transfer of information over a distance through any type of electronic device; radio, telephone The breaking of a contract, rule, law or ordinance 2009 Wisconsin Rights Handbook Office for the Deaf and Hard of Hearing Page 146