DEPARTMENT OF JUSTICE FOR IMMEDIATE RELEASE CR TUESDAY, JUNE 24, 1997 (202) 616-2765 TDD (202) 514-1888 SOUTH CAROLINA COUNTY REACHES AGREEMENT WITH THE JUSTICE DEPARTMENT TO ENSURE 9-1-1 SERVICES FOR PERSONS WHO ARE DEAF WASHINGTON, D.C.--Calls to 9-1-1 by people who are deaf, hard of hearing, or who have speech impairments will no longer go unanswered in Charleston, South Carolina under an agreement reached today between North Charleston County and the Justice Department. Today's agreement stems from a Justice Department review of the 9-1-1 agency in North Charleston, which serves six 9-1-1 providers in Charleston. Because 9-1-1 services are so critical, the Justice Department has made access to emergency services for users of telecommunications devices for the deaf (TDDs) a high priority. It has implemented a nationwide review program to determine if the services are complying with the requirements of the Americans with Disabilities Act (ADA). "When a 9-1-1 call goes unanswered, it may mean the difference between life and death," said Acting Assistant Attorney General Isabelle Katz Pinzler. "We are pleased with Charleston's cooperation in working with us to ensure that all of its citizens have full access to critical services." (MORE) 01-07280 - 2 - A TDD is a device used in a similar manner as a telephone except that it allows individuals to type their communications into a keyboard and read responses on a display. Each letter is transmitted by an electronic code over the telephone line. Both parties must have TDDs in order to communicate. In the fall of 1996, the Justice Department initiated a compliance review of Charleston's 9-1-1 services to ascertain the centers' ability to handle calls from individuals who use TDDs. Under the agreements signed today, the North Charleston agency will ensure that the services provided to individuals who use TDDs are as effective as those provided to others. The county has agreed to: * install additional equipment so that each answering position has TDD response capability; * establish procedures for effective processing of TDD calls and provide training for emergency dispatchers to handle TDD calls, including considering "silent" calls as possible calls from TDD users and sending out a TDD message in response; * develop and implement a public education program to promote the use of 9-1-1 by individuals who use TDDs; and * conduct semi-annual audits of the quality of service provided to TDD users. The ADA prohibits discrimination against persons with disabilities and requires local governments to ensure that their telephone emergency services, including 9-1-1 services, provide direct access to individuals who use TDDs. (MORE) 01-07281 - 3 - "These agreements will ensure that calls to 9-1-1 from people who are deaf, hard of hearing, or who have speech impairments will not go unanswered," added Pinzler. The Department can seek relief in federal court if North Charleston fails to comply with the terms of the agreement. The Department's nationwide compliance review program has resulted in similar settlements in Pittsburgh, Pennsylvania; Indianapolis, Indiana; Cleveland, Ohio; Bartlesville, Oklahoma; Hempstead, New York; Arlington Heights, Illinois; and the State of California. In addition, the Justice Department has intervened in a private lawsuit involving the District of Columbia' 9-1-1 emergency services provider. Today, the Justice Department also reached a similar agreement with Erie County, New York, ensuring that the 9-1-1 emergency services in the Buffalo area comply with the law. The Department has established an ADA Home Page and hotline that provide information about the ADA and the Department's ADA responsibilities. The Home Page is located on the World Wide Web at http://www.usdoj.gov/crt/ada/adahoml.htm and the hotline can be accessed by calling (800) 514-0301 (voice) and (800) 514-0383 (TDD). # # # 97-260 01-07282 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE COUNTY OF CHARLESTON 1. This matter was initiated by a compliance review of the County of Charleston 9-1-1 program under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12131- 12134, by the Disability Rights Section of the Civil Rights Division of the Department of Justice. 2. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and the County of Charleston (the "County"). The parties have determined that their respective interests can be met by securing compliance by voluntary means and have therefore voluntarily entered into this Agreement. The parties hereby agree as follows: 3. The ADA applies to the County because it is a public entity within the meaning of 42 U.S.C.  12115. 4. The County denies that any action it has taken constitutes a violation of the ADA. This Agreement shall not be construed as an admission of liability by the County. The County also agrees that it will abide by all of the requirements of the ADA. 5. The subject of this Settlement Agreement is the provision of direct access to the County's 9-1-1 services for individuals with disabilities who use telecommunications devices for the deaf (TDD's), and the development of policies and procedures to ensure that the 9-1-1 services provided to individuals who use TDD's are as effective as those provided to other telephone users. 28 C.F.R.  35.162, 35.130(b)(iii), and 35.130(b)(7). 6. This agreement applies to the Primary and Auxiliary Public Safety Answering Points (the "PSAPs") under the County's jurisdiction. The County shall be responsible for requiring the Emergency Medical Services PSAP to abide by the terms of the Agreement. Although the County shall supply the other five independent PSAPs in its jurisdiction with the equipment and instruction described in the Agreement, the County is not responsible for ensuring their compliance with the ADA. 01-07283 TECHNOLOGY 7. In order to provide individuals who use TDD's with direct access to the County 9-1-1 services, the County agrees that it will: within 120 days of the date of this agreement: a. Provide to each PSAP under the County's jurisdiction sufficient additional TDD equipment so that each call- taking position at the PSAP has the capability to respond directly to callers on a TDD and make call- backs. b. Provide to each PSAP under the County's jurisdiction sufficient additional TDD equipment so that each PSAP has at least one TDD dedicated for use solely by dispatchers. by 12/31/97: c. Provide to each PSAP under the County's jurisdiction sufficient additional TDD equipment so that each call- taker and dispatcher has the capability to respond directly to callers on a TDD and make call-backs. within 90 days of the date of the agreement: d. Provide to the PSAPs additional TDD equipment, or equivalent, to ensure that backup equipment will be provided in case of an emergency or TDD malfunction. e. Notify the PSAPs that they must evaluate their procedures regarding the processing of TDD calls that request fire services, and modify the system and procedures in order to ensure effective call handling. f. Notify the PSAPs that they must include TDD equipment in power failure contingency plans. POLICIES, PRACTICES, AND PROCEDURES 8. In order to ensure effective processing of TDD calls, the County will, within 90 days of the date of this agreement, instruct the PSAPs to establish and implement policies, practices and procedures to ensure that: a. All 9-1-1 call-takers recognize incoming TDD tones and respond appropriately via TDD; and that b. All 9-1-1 call-takers consider "silent" open lines as potential TDD calls and respond accordingly. 01-07284 c. TDD procedures are added to the current calltakers' training/operations manual(s). d. Copies of a document listing TDD procedures will be posted at each call-taking station and made readily available to call-takers and dispatchers. These policies, practices and procedures shall be incorporated into the PSAPs' Standard Operating Procedures. TRAINING 9. In order to ensure the proper operation of TDD's and related equipment, as well as the effective processing of TDD calls by 9-1-1 call-takers, the 9-1-1 County Coordinator shall notify the PSAPs of the correct procedures for recognizing and responding to TDD calls. The County shall instruct the PSAPs to provide comprehensive training for every 9-1-1 call-taker and dispatcher, including newly hired call-takers. The training must include: a) general information about title II of the Americans with Disabilities Act; b) general information about communication issues regarding individuals who are deaf or hard of hearing, or who have speech impairments, including information about American Sign Language; and c) practical instruction on the identifying and processing of TDD calls, including recognition of silent calls as potential TDD calls and the importance of using proper syntax and protocol when responding to TDD calls and relayed calls. For current employees, training shall take place as soon as possible, but no later than 90 days after the effective date of this Agreement. For new employees, the training required pursuant to this agreement shall be included as part of the regular training or instruction program and shall be conducted no later than 10 days after beginning employment. 10. To insure the effectiveness of its training, the County shall instruct the PSAPs to: a. Utilize the Telecommunications for the Deaf, Inc.'s Emergency Access Self-Evaluation program or its equivalent to establish criteria and test each trainee's competency at the conclusion of the training described in paragraph 9, above; b. Develop and implement a supplemental training plan for any 9-1-1 call-taker who does not satisfactorily complete the required training. c. Provide a refresher training course every six months over a period of two years from the effective date of this Agreement in order to maintain call-takers' skill levels. 01-07285 d. Document all training provided, including each 9-1-1 call-taker's employee number, title and the date of training, and provide copies of the documentation to the Department of Justice upon request. PUBLIC EDUCATION 11. Within 90 days of the effective date of this Agreement, the County shall initiate a process with communities of individuals who are deaf, hard of hearing, or who have speech impairments, to develop and implement a public education program to educate TDD users in how to use 9-1-1 services. Such program shall be implemented by the County within 180 days of this Agreement. TESTING AND AUDIT 12. Within 90 days of the effective date of this Agreement, the County shall instruct the PSAPs to, on a quarterly basis, conduct test TDD calls on each watch to each call-taking position. These tests shall be unannounced and shall be documented to include the date and time of the test, the call- taker position, identification of the call as "silent" or transmitting tones, time elapsed from the initiation of the TDD call until the 9-1-1 call-taker responds, and whether the call was processed properly and efficiently according to departmental policies and training directives. If testing reveals inadequacies in the handling of TDD calls, the County shall instruct the PSAPs to take immediate remedial action that may include as appropriate: additional training, equipment changes, additional policy or procedural changes, and disciplinary action. Results from each round of tests shall be summarized and sent to counsel for the United States on a semi-annual basis along with a description of any actions taken to remedy inadequacies uncovered by the tests. The quarterly testing and semi-annual audit reports shall be required for two years from the effective date of this Agreement. PROGRESS REPORT 13. Within 120 days of the effective date of this Agreement, the County will submit a report to the Disability Rights Section detailing the actions it has taken to comply with the preceding provisions. IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT 14. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any provision herein shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement. 15. This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised 01-07286 herein. Copies of this Agreement shall be made available to any person by either party upon request to that party. 16. The effective date of this Agreement is the date of the last signature below. For the County of Charleston: For the United States: (Signature) (Signature) ______________________________ _________________________ BEBE NOVICH RENEE WOHLENHAUS Attorneys Disability Rights Section Civil Rights Division U.S. Department of Justice PO Box 66738 Washington, DC 20035-6738 Date 4-10-97 Date 6/24/97 01-07287