NCD #04-450
February 18, 2004
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

Statement by National Council on Disability on Captioning for Television Programs

WASHINGTON--It has recently come to the attention of the National Council on Disability (NCD) that the U.S. Department of Education (ED), effective October 1, 2003, determined that almost 200 television programs are "not appropriate" for captioning. ED apparently based its decision on the IDEA '97 regulations, construing them to require a narrow unpublished definition of "educational, news, and informational" programming. It appears that ED arrived at its significant new regulatory interpretation without the benefit of public comment.

This decision by ED not only unnecessarily excludes 28 million deaf and hard of hearing people from accessing programming that is available to the general public, but it also will adversely impact millions of other Americans, including those who utilize captions to learn English; children who are learning to speak; as well as public establishments such as restaurants and health clubs across the United States whose patrons use captioning in noise-filled environments. This diminishment of universal access runs counter to the many positive accomplishments of the Administration.

Previously, applicants for television captioning grants took into account the preferences of consumers, through grantee Consumer Advisory Boards and other feedback mechanisms, when selecting "educational, news, or informational" programs for captioning. Without public notice, ED changed its administration of captioning grants by convening a panel to determine that the 200 programs were not appropriate based on additional descriptive categories developed by ED personnel. NCD learned from the panelists that they had no idea that they were being used for the purpose of cutting captioned programming.

Most critically, ED has narrowed captioned programming without public input and without public explanation from ED on what the new definition is. ED has pointed to FCC regulations on television captioning compliance as sufficient to cover its recent actions since FCC regulations only require 900 hours of captioning per quarter. But this captioning requirement applies only to new programming and will be fully effective in 2006.

NCD has received Congressional and public inquiries about this matter. It is strongly recommended that ED expeditiously act to reverse its determination.

For more information, contact Mark Quigley or Jeff Rosen at 202-272-2004 or 202-272-2074 (TTY).