Primary consideration means that in determining what type of Auxiliary Aids and Services are necessary to comply with the ADA and this Settlement Agreement, IDOC shall give primary consideration and substantial weight to the expressed preference for a particular Auxiliary Aid or Service made by the Deaf or Hard of Hearing inmate. See 28 C.F.R. §35.160. Primary Consideration is subject to and limited by the provisions in Paragraph 51 of this Settlement Agreement.
Primary consideration means that DOC must honor a deaf or hard-of-hearing inmate’s expressed choice(s) of accommodations when determining what types of auxiliary aids and/or services are necessary to ensure that the inmate is able to communicate effectively and have effective, meaningful, and substantially equal access to DOC programs, services, and activities, unless DOC can demonstrate (1) that another means of Effective Communication is available or (2) that the means chosen by the inmate would result in a fundamental alteration in the service, program, or activity, in undue financial and administrative burdens, or will result in actual risks or impairment of the safe operation of a DOC Facility or the service, program, or activity in accordance with 28 C.F.R. § 35.130(h).
Primary consideration means that the court is to honor a participant's choice of auxiliary aid or service, unless it can show that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of the court proceeding or an undue financial or administrative burden.
Examples of Primary consideration in a sentence
Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.
Primary consideration is given to the request of individuals with disabilities.
Primary consideration will be given to meet the mandatory requirements as listed in this RFP.
Primary consideration will be given to offering the assignment by seniority if that is practical.
Primary consideration will be given to those applications which do not require Federal financing for expo- sition development.
More Definitions of Primary consideration
Primary consideration means that “the individual’s choice of auxiliary aid must be honored unless the entity ‘can demonstrate that another equally effective means of communication is available or that the aid or service requested would fundamentally alter the nature of the program, service, or activity or would result in undue financial and administrative burdens.’” Fantasia, 2022 WL 294078, at *8. Defendants assert that their personnel understand the requirements of its policies reflecting the mandates of the ADA, Rehab Act, and ACA, but there is a genuine dispute of material fact as to whether Defendants’ employees violated the requirements of the acts and failed to provide primary consideration, or any
Primary consideration means that the City will defer to the individual's request unless the City has an equally effective alternative (or if the City establishes in writing that the chosen auxiliary aid or service would result in a fundamental alteration of its services, programs or activities, or would be an undue financial or administration burden. In those circumstances, the City shall take any other action that would not result in such a burden but would nevertheless ensure that, to the fullest extent possible, individuals with disabilities receive the benefits or services provided by the City. See 28 C.F.R. § 35.150(a)(3)).
Primary consideration means that Personnel will inquire as to the choice of auxiliary aid or service of the individual and will honor the expressed choice unless the ACSO can demonstrate that another equally effective means of communication is available. In determining whether someone who is or may be deaf or hard of hearing wants a qualified sign language interpreter, Personnel will use the American Sign Language pictogram for “sign language interpreter” substantially in the form attached hereto as Exhibit 1 to inquire as to the person’s preference when the pictogram is readily available in a non-exigent circumstance. ACSO will issue such pictograms to all patrol officers and instruct that officers shall keep them readily available for use during contacts with the public.
Primary consideration means, with respect to a series of Exchanged Notes, the value assigned thereto in the column labeled “Primary Consideration” set forth on Exhibit A for such series.
Primary consideration means that the North Kingstown Police Department must honor the choice, unless it can show that another effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens. 3. This policy addresses those situations where a police officer, after consulting with the individual with a hearing impairment, determines that the services of a qualified interpreter are necessary to ensure effective communication. A.
Primary consideration means that the Sheriff's Office will honor the choice expressed by the individual with a disability unless it can demonstrate that another equally effective means of communication is available; or that the preferred auxiliary aid or service would fundamentally alter the service, program, or activity; or that use of the means chosen would result in undue financial or administrative burdens. See 28 C.F.R. § 35.164. The Sheriff’s Office agrees to contract with one or more qualified oral/sign language interpreter agencies within 90 days to ensure that interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters). The Sheriff’s Office will also immediately provide the United States with a copy of its contract with the interpreter agency or agencies, or a detailed explanation of its alternative arrangements. In addition, the Sheriff’s Office will record all oral/written requests it receives for oral/sign language interpreters and any action taken or denial of services. That record shall be provided to the Department for review of compliance with this Agreement upon request by the Department and in annual compliance reports as required in Paragraph 14, below. The term "qualified interpreter" includes “sign language interpreters,” “oral interpreters," or other "interpreters" who are able to interpret competently, accurately, and impartially, both receptively and expressively, using any specialized terminology necessary for effective communication with an individual who is deaf or hard of hearing or who has a speech impairment, given that individual’s language skills and education. Not all interpreters are qualified for all situations. For example, an interpreter who is qualified to interpret using American Sign Language (ASL) is not necessarily qualified to interpret orally. Also, someone who has only a rudimentary familiarity with sign language or finger spelling is not a "qualified sign language interpreter." Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone signing and translate their signed or finger-spelled communication into spoken words is not a qualified sign language interpreter. 28 C.F.R. § 35.
Primary consideration means that the court will honor the individual’s preferred type of language access services unless another means exists of ensuring effective communication, or unless doing so would result in a fundamental alteration in the nature of the proceeding or in undue financial or administrative burden, or unless the request is for a personal device such as a hearing aid.