# 47




November 17, 1992                                 II-2.8000





Mr. Carl Keeling
Deaf Services Coordinator
Johnson County Deaf Services
301 A S. Clairborne
Olathe, Kansas  66062

Dear Mr. Keeling:

     This is in response to your inquiry regarding the Americans
with Disabilities Act (ADA) as it applies to probation meetings
involving a hearing adolescent whose parent is deaf.  

     The ADA authorizes the Department to provide technical
assistance to entities that are subject to the Act.  This letter
provides informal guidance to assist you in understanding how the
ADA may apply to your case.  This technical assistance, however,
does not constitute a determination by the Department of Justice
of your rights or responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice. 

     Title II of the ADA prohibits discrimination on the basis of
disability by public entities.  It applies to all programs,
activities, and services provided or operated by State and local
governments, including probation meetings.

     Section 35.160 of the enclosed title II regulation requires
that public entities provide auxiliary aids and services where
necessary to afford an individual with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the
public entity's program or activity, or otherwise to ensure
effective communication with members of the public.  This
requirement is further explained in section II-7.0000 of the
enclosed title II Technical Assistance Manual.  Where parental
participation, either voluntary or mandatory, is part of the
probation program, parents who are deaf must be provided with
auxiliary aids so that they can receive the benefits of the
program, unless to do so would result in an undue burden or a
fundamental alteration in the nature of the program.  These
concepts are explained in section II-7.1000 of the Manual.
 
     I hope this information has been helpful to you.

                            Sincerely,




                        Stewart B. Oneglia
                              Chief
                 Coordination and Review Section
                      Civil Rights Division
          
Enclosures (2)