Can they legally refuse me an interpreter?

[Reba]

I spoke with the head of disability services at the college today. He told me that the other colleges that don't provide interpreter services are totally wrong. He agreed that it might take a lawsuit to wake them up. He wondered if these colleges are small rural colleges that can't find local interpreters.

 

[sequoias]

I spoke with the head of disability services at the college today. He told me that the other colleges that don't provide interpreter services are totally wrong. He agreed that it might take a lawsuit to wake them up. He wondered if these colleges are small rural colleges that can't find local interpreters.

Jasin lives in Puyallup and that is not a small rural town, about 35,000 live there. It's a suburb way southeast of Seattle not far from Tacoma. I believe it's the corrupt people who works at the disability services.

 

[Reba]

Jasin lives in Puyallup and that is not a small rural town, about 35,000 live there. It's a suburb way southeast of Seattle not far from Tacoma. I believe it's the corrupt people who works at the disability services.

I think the director was trying to be generous in his assessment of the situation. I told him that it included large universities in well-populated areas. He was just amazed that our simple Southern college was doing the right thing but "big city" universities weren't serving their disabled students.

Pitiful, isn't it?

 

[sequoias]

Yeah, it is pitful. I was surprised to hear about that happen in Seattle metro area.

 

[jasin]

Another question.

I have a question that is in addition to this if someone wants to answer it for me?

I understand everything the interpreter is signing except when she is asking me why I need her help and why she helps me. When she signs that I get all confused. She is signing it very sloppy and fasssst.

Anyways, is it right for her to ask why I need her help and if she helps me? I don't think it is as the disability office is well aware of my disability and informed her about it.

Personally, I get the feeling that she has never dealt with any hard of hearing people. She treats me like I should be 100% deaf or has an expectation that I am or should be.

 

[jillio]

You're such a paragon of insensitivity, Richard; she said she "....believed....".

Thank you Tousi. And whether it has or not, the criteria is "undue hardship". Going out of area to find a terp is hardly excessive effort to comply.

 

[jillio]

I have a question that is in addition to this if someone wants to answer it for me?

I understand everything the interpreter is signing except when she is asking me why I need her help and why she helps me. When she signs that I get all confused. She is signing it very sloppy and fasssst.

Anyways, is it right for her to ask why I need her help and if she helps me? I don't think it is as the disability office is well aware of my disability and informed her about it.

Personally, I get the feeling that she has never dealt with any hard of hearing people. She treats me like I should be 100% deaf or has an expectation that I am or should be.

I would think those questions were inappropriate. It is obvious why you need her help, and whether or not she is helping you will be information provided on her evaluation. Perhaps you should clarify your information with the disability office. Did they have you fill our a self disclosure form or a request for services? And be honest with your terp. If you need her to change the way she is signing, go ahead and tell her. She is there to terp the way you need her to.

 

[Reba]

I have a question that is in addition to this if someone wants to answer it for me?

I understand everything the interpreter is signing except when she is asking me why I need her help and why she helps me. When she signs that I get all confused. She is signing it very sloppy and fasssst.

Anyways, is it right for her to ask why I need her help and if she helps me? I don't think it is as the disability office is well aware of my disability and informed her about it.

Personally, I get the feeling that she has never dealt with any hard of hearing people. She treats me like I should be 100% deaf or has an expectation that I am or should be.

Her questions seem inappropriate. Also, she needs to get out of the terp "helper" mindset. Her job is to facilitate communication, not "help" you. She needs to learn to accept her consumers as she gets them, not as she wants them.

Yes, you should discuss your signing preferences with her. If she's a true professional, she should welcome your suggestions and requests.

The first few classes together are sometimes awkward but should smooth out as you both get accustomed to each other's signing styles, negotiate signs to fit the curriculum, and become familiar with the instructor's teaching style.

 

[jasin]

I would think those questions were inappropriate. It is obvious why you need her help, and whether or not she is helping you will be information provided on her evaluation. Perhaps you should clarify your information with the disability office. Did they have you fill our a self disclosure form or a request for services? And be honest with your terp. If you need her to change the way she is signing, go ahead and tell her. She is there to terp the way you need her to.

Yes they did, and I even sat down with the head of the disability office an explained everything to him in private. He can hear me I just can't hear him unless he talks directly into my ear and loudly.

I have no ear drums and I have extensive nerve damage in both my brain and ears. In my brain the nerve damage is in the left side mostly, it does affect my auditory lobes, so what goes in gets garbled, scrambled, and confused. That is mostly from past seizures I have had and the epilepsy I suffer from. I was born with that stuff. The nerve damage in my ears is from my ears exploding obviously.

My ears exploded when I was 1, they rebuilt my ear drums and then they exploded 30 years latter again. I gave up on ear doctors and just live with the structural and physical damage inside my ears. Ear doctors are worthless in my opinion!

I learned American sign language instead of dealing with ear doctors and its been a huge blessing to me. I love ASL!

I do think you are right, she is not right in asking these questions. However, I think its due to her inexperience not just purposely asking questions that are inappropriate.

You people are of a big help to me. You all seem way more level headed then these people I have to deal with at the college here. Thank you all for you advice, suggestions, and recommendations.

 

[jasin]

You know, about the interpreter and the questions she asks reminds me of something I learned about interpreters in past asl classes I took. That was, interpreters are not just for the deaf there are autistic people, hard of hearing, brain damaged, and mutes that also use interpreters.

 

[sequoias]

^^ Try going to DeafWeb Washington's Home Page. They have a long list of interpreting agencies and maybe there is other way around the system. It's a site for Washington state related information for the deaf community.

 

[jillio]

Yes they did, and I even sat down with the head of the disability office an explained everything to him in private. He can hear me I just can't hear him unless he talks directly into my ear and loudly.

I have no ear drums and I have extensive nerve damage in both my brain and ears. In my brain the nerve damage is in the left side mostly, it does affect my auditory lobes, so what goes in gets garbled, scrambled, and confused. That is mostly from past seizures I have had and the epilepsy I suffer from. I was born with that stuff. The nerve damage in my ears is from my ears exploding obviously.

My ears exploded when I was 1, they rebuilt my ear drums and then they exploded 30 years latter again. I gave up on ear doctors and just live with the structural and physical damage inside my ears. Ear doctors are worthless in my opinion!

I learned American sign language instead of dealing with ear doctors and its been a huge blessing to me. I love ASL!

I do think you are right, she is not right in asking these questions. However, I think its due to her inexperience not just purposely asking questions that are inappropriate.

You people are of a big help to me. You all seem way more level headed then these people I have to deal with at the college here. Thank you all for you advice, suggestions, and recommendations.

One more suggestion....do not meet with the director of disability services without having a terp there. It is your right to have a terp for meetings with the disability office, for meetings with advisors, with meetings for professors, during tests, and for extracurricular activities. Insist on it.

 

[jillio]

You know, about the interpreter and the questions she asks reminds me of something I learned about interpreters in past asl classes I took. That was, interpreters are not just for the deaf there are autistic people, hard of hearing, brain damaged, and mutes that also use interpreters.

Absolutely.

 

[Aleser]

I find situations like this sad.

It doesn't, by any means, take 2 SEMESTERS to find an interpreter- my school ASKS for six weeks notice but generally will scramble up something in two weeks anyways.

Underqualified terps suck. You shouldn't miss out on your education because the school doesn't want to dole out on decent services.

Also, it's completely out of bounds to ask a client -why- they need it. Asking specifics about your needs, ie "asl or see?" or visual feild limitations is acceptable, but general inquiry "you're not deaf, why do you need a terp" isn't okay.

 

[Kai Onca]

Someone told me that a friend's friend ....( u know how it is )

was denied an interpreter and it was a private religious college. He said that it wasn't worth it to fight in court due to it being private AND religious so it was more protected under the ADA statues.

 

[jillio]

Someone told me that a friend's friend ....( u know how it is )

was denied an interpreter and it was a private religious college. He said that it wasn't worth it to fight in court due to it being private AND religious so it was more protected under the ADA statues.

That is a misconception. Private colege no matter their religious affilliation, are required to abide by the ADA as well.

 

[DURAY]

actually according from what I read at to ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act and DisabilityInfo.gov: Disability related information and resources from the Federal Government, church are exempted from the ADA, and this included religious colleges. But a church-run day care center is under the ADA. religion and the law is always confusing.
All colleges/universities are under the ADA regardless of whether they are the recipients of federal financial assistance or not.

The federal government is exempted from the ADA Section 501 of the Rehabilitation Act of 1973 cover it.

That is a misconception. Private colege no matter their religious affilliation, are required to abide by the ADA as well.

 

[Kaitin]

actually according from what I read at to ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act and DisabilityInfo.gov: Disability related information and resources from the Federal Government, church are exempted from the ADA, and this included religious colleges. But a church-run day care center is under the ADA. religion and the law is always confusing.
All colleges/universities are under the ADA regardless of whether they are the recipients of federal financial assistance or not.

The federal government is exempted from the ADA Section 501 of the Rehabilitation Act of 1973 cover it.

Interesting article: Disability Law, the ADA and the Courts

Uncommon Appeals Court Case on the ADA's Religious Exemption

In an Americans with Disabilies Act (ADA) suit against a private Quaker school and three of its employees, parents of a student claimed that the school created a discriminatory environment complete with public humiliation, improper physical discipline, and an orchestrated campaign to force his withdrawal from the school. The school also allegedly failed to adequately accommodate the boy's Attention Deficit Disorder and related learning disabilities.

The lower court had granted judgment to the school on account of the ADA's exemption for religious organizations. The basis of that decision was a single affidavit by the Head of School describing the intimate connections between the local Quaker Meeting and the school; the family filing suit had not had an opportunity for pre-trial discovery into the factual basis for any religious exemption.

The crucial issue in this case for the court is whether the school is "controlled" by the Quaker religious organization. The ADA provides that its provisions “shall not apply ... to religious organizations or entities controlled by religious organizations, including places of worship.” 42 U.S.C. § 12187. If Abington is a religious organization (or controlled by one), then the case must be dismissed.

-In this decision by the federal Third Circuit Court of Appeals, the court noted the paucity of caselaw on the religious exemption. "No court of appeals has yet fully examined the ADA's religious exemption, and the undeveloped state of this record makes us reticent to do so now." Whether Abington qualifies is a "mixed question of law and fact," and the family is entitled, the court held, to discovery on the school's nature, religious or otherwise. The court concluded:

"One of the oldest primary and secondary schools in the country, long known for its Quaker heritage, superficially seems to be a strong candidate. But discovery digs subsurface and may unearth facts that tend to support the contrary conclusion. Because the Does were not given an opportunity to marshal facts in aid of their argument, we vacate the District Court's grant of summary judgment and remand this case for further proceedings.”

Information on this blog: Posted by a 34 year veteran advocate for people with disabilities, and former special master for a federal court, this blog discusses developments in disability law generally, interesting litigation, and also activity regarding the Americans with Disabilities Act ( ADA ). Also discussed are how the courts, government agencies, the advocacy and service providers, are responding to these developments.


I am SO dissappointed in the Quakers - "Friends".

---

Less interesting and more

From Almanac of Policy Issues: The Americans with Disabilities Act: Statutory Language and Recent Issues

- Title III contains a specific exemption for religious entities. 131 This applies when an entity is controlled by a religious entity. For example, a preschool that is run by a religious entity would not be covered under the ADA; however a preschool that is not run by a religious entity but that rents space from the religious entity, would be covered by title III.

---

Maybe ADA does not apply to some federal government jobs but does to Congress:

From: LAWS THAT APPLY TO CONGRESS

The Americans with Disabilities Act of 1990 (ADA)28 provides that no covered entity: ``Shall discriminate against a qualified individual with a disability because of the disability of the individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.''29

Specifically exempted from coverage of the ADA, however, are ``the United States, a corporation wholly owned by the government of the United States, or an Indian tribe,''30 and Federal departments and agencies remain subject only to 501 of the Rehabilitation Act.31 However, 509 of the ADA expressly extends coverage to Congress and ``instrumentalities'' of the legislative branch.

 

[DURAY]

And the whole Judicial Brachn is exempted too.
The liberal Demoratcs who had Congress in their power before the 1990s refused to apply the laws to themselves until Newt Gingrich passed the Congressional Accountability Act.

Interesting article: Disability Law, the ADA and the Courts

Maybe ADA does not apply to some federal government jobs but does to Congress:

 

[jillio]

And the whole Judicial Brachn is exempted too.
The liberal Demoratcs who had Congress in their power before the 1990s refused to apply the laws to themselves until Newt Gingrich passed the Congressional Accountability Act.

Interesting article: Disability Law, the ADA and the Courts

Maybe ADA does not apply to some federal government jobs but does to Congress:

But Section 504 does apply.