Deaf Education: Understanding Legal Rights And Responsibilities

In the US, deaf students are protected by the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act (Section 504). These laws ensure that deaf students have equal access to education, employment, and community participation. In addition, some states have enacted a Deaf Child's Bill of Rights (DCBR), which formally acknowledges the unique communication and language needs of deaf and hard-of-hearing children. These laws work together to protect the rights of deaf students and ensure they receive an appropriate education. For example, in March 2023, the Supreme Court ruled in favour of a deaf student who sued his public school for providing an inadequate education, demonstrating the real-world application of these laws.

The Individuals with Disabilities Education Act (IDEA)

Firstly, school districts must provide a FAPE to children with disabilities. These children must learn alongside their peers as much as possible, in what is known as the least restrictive environment, or LRE. Schools must identify and evaluate students who may have disabilities, at no cost to their families. This is known as Child Find. If a child has a qualifying disability, schools must offer special education and related services (like speech therapy and counselling) to meet the child's unique needs. These are provided through an Individualized Education Program (IEP). The goal is to help students make progress in school.

Secondly, schools have to give parents a voice in their child's education. At every point in the process, IDEA gives parents specific rights and protections, known as procedural safeguards. For example, a school must get consent from parents before providing services to children.

The reach of IDEA goes beyond traditional public schools. It includes public magnet and charter schools. The law also provides early intervention services to infants and toddlers up to the age of three. Finally, IDEA may impact some students in private schools.

IDEA was first passed in 1975 as the Education for All Handicapped Children Act. Congress passed IDEA to change the common practice of states placing children with disabilities in separate schools or classrooms, where they received a poor and underfunded education. Academic expectations were low, and children with learning and thinking differences typically didn't get the help they needed to thrive in school.

Over the years, IDEA has been updated several times, with the last update in 2004. Not every child is eligible for special education under IDEA, and a diagnosis does not guarantee eligibility. To qualify, children must have a disability that falls under one of the 13 categories covered by IDEA, and they must need special education to make progress in school as a result of that disability. In 2018-2019, around 7.1 million students aged 3 to 21 received special education services under IDEA, which is 14% of all public school students.

To get special education services for a child, a legal process must be followed, with IDEA being the most important law for this process. An evaluation is the first step, with parents able to request an evaluation at any time. If the school thinks a child might have a disability, it must conduct an evaluation. After the evaluation, the school will hold an eligibility meeting to decide if the child qualifies for special education. If the answer is yes, a school team will work with parents to develop an IEP. This legal document outlines the child's education goals, as well as the services and support the school will provide. If a child is denied services, there are steps parents can take.

The Americans with Disabilities Act (ADA)

The ADA recognises the importance of "effective communication", which allows deaf people to share and receive information successfully and participate fully and equally in any situation. This includes the use of interpreters or speech-to-text services in educational settings. The ADA also emphasises the "interactive process" in accommodation decision-making, ensuring that deaf individuals are actively involved in discussions about their access needs.

The ADA has been applied in legal cases involving deaf students, such as the case of Miguel Luna Perez, who sued his public school system for providing an inadequate education. The Supreme Court ruled in Perez's favour, allowing him to pursue monetary damages under the ADA. This case set an important precedent for other students with disabilities who have experienced failures in their education.

The ADA also intersects with other laws and policies, such as the Deaf Children's Bill of Rights, which recognises the unique communication and language needs of deaf and hard-of-hearing children. This includes the right to be educated in their preferred mode of communication and the need for fluent professionals in their language. The ADA provides a legal framework to advocate for the rights of deaf students and ensure their access to a quality education.

Additionally, the ADA promotes equal opportunities for deaf individuals in postsecondary environments, such as colleges and universities. It encourages proactive planning by organisations to reduce barriers and enhance accessibility for deaf individuals in these settings. Overall, the ADA plays a crucial role in ensuring that deaf students have the necessary accommodations and support to succeed in their educational pursuits.

Section 504 of the Rehabilitation Act

Section 504 states that:

> No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

The Act defines individuals with disabilities as:

> Any person who (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment.

Major life activities include caring for oneself, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.

Section 504 covers any program or activity receiving federal financial assistance. This includes airports, public libraries, and local educational agencies. As such, it requires school districts to provide a Free Appropriate Public Education (FAPE) to children with disabilities, who may benefit from public education, within the individual district's jurisdiction. The school district must identify the child's educational needs and provide any regular or special education to satisfy those needs, just as it would for children without disabilities. This may be accomplished by developing a 504 plan, which covers accommodations, services, and support to ensure access to education at school.

Section 504 also supports the rights of students for needs outside of the school day, such as extracurricular activities, sports, and after-school care. This is because Section 504 prohibits discrimination on the basis of disability. Schools generally comply with Section 504 by identifying students with disabilities, evaluating them, and creating a written accommodation plan if they are eligible. This process often involves parents, teachers, and school staff, and parents have due process rights, including the right to an impartial hearing if they disagree with the school's determinations.

Violations of Section 504 in the educational environment can result in a loss of federal funding. Individuals may also file a private right of action for violations of this section.

The Deaf Children's Bill of Rights

Deaf children have the same ability to acquire language as any other child and deserve the same opportunities to do so. The following Deaf Children's Bill of Rights outlines the rights and capacities of deaf children to be educated, to graduate from high school, to obtain further education, and to pursue a career.

The Right to Language Acquisition

Deaf children have the right to acquire both English and American Sign Language (ASL). They can acquire both languages simultaneously with the support of intervention services before and during school. All families of deaf children have the right to appropriate early intervention services and quality family educational services, including access to state resources to help their children reach their full potential.

The Right to Communication

Deaf children have the right to full access to all information, specialized personnel, school programs, social activities, and extracurricular activities. They have the right to qualified professionals proficient in developing their language acquisition. To ensure this right is protected, deaf children must be assessed regularly by qualified language acquisition professionals.

The Right to a Suitable Learning Environment

Deaf children require settings with a critical mass of peers who are also deaf to ensure age-appropriate development of learning, emotional, and social skills. They benefit from interaction with deaf adult role models to internalize their self-worth and visualize their potential. Deaf students should be educated in an environment that respects and uses their preferred mode of communication.

The Right to Equal Opportunities

Deaf children have the right to equal opportunities in their education and future careers. They should have unfettered access to vocational programs to prepare for life beyond school. They should be able to participate in all parts of a school program, including after-school social and athletic functions, lunch, and recess.

The Right to Accommodations

When an Individualized Education Program (IEP) team convenes to consider the needs of a deaf child, they must ensure that the child has sufficient numbers of schoolmates who are similar in age, language, and learning ability. The teachers and professionals working with the child must be skilled in the child's language and way of communicating. The critical elements of the educational program, such as academic instruction, school services, and extracurricular activities, must be available in the child's language and way of communicating.

Procedural safeguards

In the United States, deaf students are protected by the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). These laws work together to ensure that deaf students have equal access to education and are not discriminated against.

Parental Notification and Consent:

Parents must be given written notice and must provide consent before their child is placed in a special education program. This notice should include information about the proposed placement, the reasons for the placement, and a description of any other options that were considered. Parents have the right to be fully informed about all aspects of their child's education and placement decisions.

Individualized Education Program (IEP):

The IEP is a critical component of deaf education. When developing an IEP, state and local education agencies must consider the unique needs of the deaf student. This includes their communication needs, preferred mode of communication, severity of hearing loss, and social, emotional, and cultural needs. The IEP team should also ensure that the student has sufficient peers with similar ages, language skills, and learning abilities, and that teachers and professionals working with the child are skilled in the child's language and mode of communication.

Least Restrictive Environment (LRE):

The IDEA and Section 504 mandate that students with disabilities, including deafness, should be educated with non-disabled students to the maximum extent appropriate. This means that placement decisions should be made on an individual basis, considering the student's needs and ensuring they receive a free appropriate public education (FAPE). The LRE for a deaf student is the environment that meets their unique communication and educational needs, which may include regular classrooms, special classes, or specialized schools.

Due Process:

State-Specific Laws:

In addition to federal laws, some states have enacted specific legislation to protect the rights of deaf students, such as the Deaf Children's Bill of Rights in California. These state laws further emphasize the unique communication and language needs of deaf students and ensure that these needs are addressed in IEPs and other discussions with school districts.

Frequently asked questions