T. 6-30-92

          DJ 202-PL-147

                                                    JUL 8 1992

DIRECTOR
WODATCH
DATE
          Mr. M. Wayne Bryant
          Vice President
DEPUTY    Sears Authorized Driving School
LIB       P.O. Box 1266
JAM       Arlington, Texas 76004-1266

DATE      Dear Mr. Bryant:

               I am responding to your inquiry about your obligations under
          title III of the Americans with Disabilities Act of 1990 (ADA)
          and this Department's regulation implementing title III.
SPECIAL   Specifically, you have asked if a proprietary driving school is
COUNSEL   required to provide a sign language interpreter for students
BREEN     attending a defensive driving course.

DATE           The ADA authorizes the Department to provide technical
          assistance to individuals and entities that have rights and
          responsibilities under the Act. This letter provides informal
          guidance about the general obligation of private schools to
          provide auxiliary aids. However, this technical assistance does
BLIZARD   not constitute a determination by the Department of Justice of
          your rights or responsibilities under the ADA and it is not
DATE      binding on the Department.

               In order to provide equal access to individuals with
          disabilities, a public accommodation, such as a private school,
          is required to make available appropriate auxiliary aids when it
          is necessary to ensure effective communication. An individual
          who has a hearing impairment that substantially limits his or her
          ability to communicate is entitled to receive auxiliary aids from
          a public accommodation unless the public accommodation can
          demonstrate that providing the auxiliary aid will fundamentally
          alter the nature of the service being provided or that it will
          result in undue burdens.

               Auxiliary aids and services include a wide range of services
          and devices that promote effective communication. Examples of
          auxiliary aids and services for individuals who are deaf or hard
          of hearing include interpreters, notetakers, written materials,
          assistive listening systems, telephones compatible with hearing

          cc: Records, Chrono, Wodatch, Blizard (2), Library, FOIA
          udd:ada.interpretation.Bryant
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          aids, telecommunications devices for deaf persons (TDD's),
          videotext displays, open or closed-captioned video presentations,
          and exchange of written notes.

               The type of auxiliary aid or service necessary to ensure
          effective communication will vary with the length and complexity
          of the communication involved. Brief exchanges of information
          would not ordinarily require the use of an interpreter; but
          presentations of complex issues, such as those involved in a
          classroom presentation, may require the use of an interpreter or
          the use of captioned video presentations.

               To determine what type of auxiliary aid should be provided,
          you should consult with your students whenever possible to
          determine what type of auxiliary aid is needed to ensure
          effective communication, because it is important to ensure that
          the auxiliary aid that is used is, in fact, effective. However,
          the ultimate decision as to what measures to take to facilitate
          communication rests in the hands of the public accommodation, as
          long as the method chosen results in effective communication.

               When the ADA requires auxiliary aids to be provided, such
          auxiliary aids must be provided to the individual with a
          disability at no extra cost. The costs incurred by the public
          accommodation in providing auxiliary aids to its clients and
          customers who require auxiliary aids should be regarded as any of
          the other administrative costs associated with the operation of
          the business.

               The Department of Justice has developed a technical
          assistance manual to assist individuals and entities affected by
          title III of the ADA to understand their rights and
          responsibilities under the Act. I am enclosing a copy of that
          manual for your use. I hope that this information is helpful to
          you.

                                        Sincerely,




                                        John L. Wodatch
                                             Director
                         Office on the Americans with Disabilities Act

Enclosure




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