Let’s Talk AAC: The Right To The Accommodation of Time

May 29, 2022 NWACS

Welcome back to Let's Talk AAC - a series of questions and topics for discussion. NWACS will occasionally post a question or topic with related information. Join in the conversation! Add your experiences, resources, related research, etc. in the comments so we can all learn and benefit from each other's knowledge and experience.

reading time: 3 minutes

This month we are highlighting the communication right to ask for and give information. An AAC user recently reached out to NWACS. They asked about their rights related to the time it takes to communicate using AAC.

Can an AAC user be given a “time limit” to communicate?

Article 21 of the Convention on the Rights of Persons with Disabilities (adopted by the United Nations in 2006) is:

Freedom of expression and opinion, and access to information.

In part, it reads:

“...take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice…”

The Americans with Disabilities Act (ADA) includes effective communication rules. These ensure that people with vision, hearing, or speech disabilities can

communicate with,
receive information from, and
convey information to,

covered entities. [Covered entities include state and local government services, public accommodations, and commercial facilities.]

The document ADA Requirements: Effective Communication from The US Department of Justice states:

“For people who have speech disabilities, this may include…just taking more time to communicate with someone who uses a communication board…simply allowing more time to communicate with someone who uses a communication board or device may provide effective communication.” [Auxiliary Aids and Services section]

The Washington Administrative Code (WAC) includes Effective communication for people with disabilities. (WAC 284-43-59650) In part, it reads:

“(1) Take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with others with respect to benefits and services, in accordance with the standards found at 28 C.F.R. 35.160 through 35.164.”

And,

“(5) Make reasonable modifications to policies, practices, or procedures when such modifications are necessary to avoid discrimination on the basis of disability, unless the issuer can demonstrate that making the modifications would fundamentally alter the nature of the health program or activity. Reasonable modifications must be interpreted consistent with the term as set forth in the ADA Title II regulation at 28 C.F.R. Sec. 35.230(b)(7).”

The first sentence of the Communication Bill of Rights reads:

All people with a disability of any extent or severity have a basic right to affect, through communication, the conditions of their existence.

It goes on to break down 15 specific fundamental communication rights, including:

4. The right to express personal preferences and feelings

6. The right to make comments and share opinions

7. The right to ask for and give information, including about changes in routine and environment

12. The right to access environmental contexts, interactions, and opportunities that promote participation as full communication partners with other people, including peers

13. The right to be treated with dignity and addressed with respect and courtesy

These sources all include:

the right to convey, impart or give information
the right to not be discriminated against because of one’s disability
the right to communication comparable to that of others
the right to communicate in the way one chooses to communicate
the right to be involved in and make decisions about anything that is about oneself
the right to full participation

People with communication disabilities must be given accommodations of time to communicate.

References and related resources:

Article 21 of the Convention on the Rights of Persons with Disabilities, United Nations (2006)
Brady, Nancy & Bruce, Susan & Goldman, Amy & Erickson, Karen & Mineo, Beth & Ogletree, Billy & Paul, Diane & Romski, MaryAnn & Sevcik, Rose & Siegel, Ellin & Schoonover, Judith & Snell, Marti & Sylvester, Lorraine & Wilkinson, Krista. (2016). Communication Services and Supports for Individuals With Severe Disabilities: Guidance for Assessment and Intervention. American journal on intellectual and developmental disabilities. 121. 121-138. 10.1352/1944-7558-121.2.121.
Disability Rights Washington: Six Self Advocacy Steps for Meetings
RCW 71A.26.030 Client rights—Notification.
(4) The client has the right to participate in the administration's service planning. This includes the client's right to:
(a) Be present and provide input on the client's service plans written by the administration and providers;
(b) Have meaningful opportunities to lead planning processes;
(c) Have the client's visions for a meaningful life and the client's goals for education, employment, housing, relationships, and recreation included in the planning process;
(d) Choose an advocate to attend the planning processes with the client; and
(e) Have access to current and accurate information about recreation, education, and employment opportunities available in the client's community.
ADA Requirements: Effective Communication , U.S. Department of Justice (2010)
WAC 284-43-5965 Effective communication for people with disabilities.