Effective communication

(1) A local education provider shall ensure that communication with a qualified student with a disability is as effective as communication with a student without a disability. (2) A local education provider shall furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the local education provider. (3) The type of auxiliary aid or service necessary to ensure effective communication with a qualified student with a disability may vary in accordance with the: (a) Method of communication used by the qualified student with a disability; (b) Nature, length, and complexity of the involved communication; and (c) Context in which the communication is taking place. (4) In determining what types of auxiliary aids and services are necessary to ensure effective communication with a qualified student with a disability, a local education provider shall give primary consideration to the request of or on behalf of a qualified student with a disability. To be effective, an auxiliary aid or service must be provided in a format that is accessible to a qualified student with a disability, in a timely manner, and in such a way as to protect the privacy and independence of the qualified student with a disability. (5) (a) A local education provider shall not require a qualified student with a disability to provide an interpreter. (b) A local education provider shall not rely on an adult accompanying a qualified student with a disability to interpret or facilitate communication, except: (I) In an emergency involving an imminent threat to the safety or welfare of an individual or the public and no interpreter is available; or (II) When the qualified student with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances. (c) A local education provider shall not rely on a minor to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public and no interpreter is available.