Laws regarding education for deaf/hoh?

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mbenson5

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Does anyone know what laws are out there for education of children who are deaf/hoh? What kinds of things are the public schools required to provide for these kids and are they adequate for them? Thank you!
 
Well the law states that the education needs to be "free and appropreate". A lot of mainstream schools interpret that as they can get away with only providing minimal accomondations (eg preferential seating, FM device, speech therapy, notetaker, or 'terp) and not really giving them a good education.
 
The ADA outlines all the requirements. Check out section 501. You can find the complete ADA online. If you cna't find it, pm me,and I will cut and paste the info for youfrom what Ihave on file.
 
for the United States

Public Law 94-142 (Education of All Handicapped Children Act) also known as, Individuals with Disabilities Education Act (IDEA)
 
webexplorer said:
Gee. I recalled something which called "Special Education Act of 1973 or 1976."
Click to expand...

Rehabilitation Act of 1973, Webexplorer?

From Classroom Interpreting
Parents - What does special education law say about educational interpreters?

The Individuals with Disabilities Education Act ( IDEA PL 108-446) is the federal law that mandates special education services for qualified individuals with disabilities. In order to qualify for special education, the individual must have a qualifying disability and need specialized instruction. The purpose of special education is “ensure that all children with disabilities have available to them a free and appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.” (IDEA Sec.1400 (d) Eligible students receive special education services at no cost to them or their families. For more information on the IDEA, visit www.ideapractices.org

As this relates to educational interpreters, it must be noted that not every deaf or hard of hearing student who needs communication access accommodation via an educational interpreter will require specialized instruction or special education services. In these cases, the interpreting accommodation is covered by a different law, the Rehabilitation Act of 1973, Section 504. This civil rights law is designed to protect individuals from discrimination. A “504 Plan” can outline the necessary accommodations necessary in school for a student with a disability (including deafness) but parents should realize that this law lacks many features of the IDEA such as:

* No parental participation/approval
* No rights to a due process of law
* No special education funding

Special Considerations for Deaf or Hard of Hearing Students

The IDEA states that in the development, review and revision of an IEP, the team must consider special factors as follows:

(iv) Consider the communication needs of the child, and in the case of the child who is deaf or hard of hearing, consider the language and communication needs, opportunities for direct communication with peers and professionals in the child’s language and communication mode, academic level, and full range of needs including opportunities for direct instruction in the child’s language and communication mode, and (v) Consider whether the child requires assistive communication devices and services.” IDEA Sec. 1414 (d) (3) (B)

This language underscores the significance of communication in school, and the unique, individual needs specific to each deaf or hard of hearing student. It’s important to note that the federal statute does not proscribe the language or mode of communication of a deaf or hard of hearing child, but acknowledges the need to consider his/her individual communication needs, particularly as they relate to opportunities for direction communication with peers and direct instruction from professionals in whatever mode the child uses to communicate. This is extremely important as parents and IEP teams determine the need for the type of educational interpreter, based on the child’s mode of communication. Specifically:

“Interpreting services, as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, and sign language interpreting services.” IDEA Sec. 300.34 (b) (4)

If the student is an ASL communicator, then the educational interpreter will need to be proficient in American Sign Language. If the student uses Signed Exact English (SEE), then the interpreter must be qualified in SEE. If the child is not a signer but oral, it is appropriate to request an oral interpreter. Cued Speech transliterators are appropriate for students using Cued Speech, and so on.

(more on link)
 
The Rehabilitation Act of 1973 is related to a vocational program for a job. You bought up the IDEA. I believe that you are correct.

The ADA is different from the IDEA. The ADA requires managers and bosses to accept to meet people's needs such better equipment like a new chair, better light environment room, transportations, etc. The ADA is most related to handicapped employees. The problem is that many people still talk about that ADA for school programs. It should be discussed in IDEA instead.

Interpreter providers(?) for hearing impaired are involved in both ADA and Rehabilitation Act of 1973 - i.e. a company pays some interpreters for job interviewers, important lectures (i.e. OSHA laws), and police arrest deaf people that demand for interpreter(s).

I didn't want to detail it because it is complicated for me to understand the laws. (Isn't this info correct? A deaf man lectured in a class about ADA issues a long time ago, and I recalled about it.)
 
webexplorer said:
The Rehabilitation Act of 1973 is related to a vocational program for a job. You bought up the IDEA. I believe that you are correct.

The ADA is different from the IDEA. The ADA requires managers and bosses to accept to meet people's needs such better equipment like a new chair, better light environment room, transportations, etc. The ADA is most related to handicapped employees. The problem is that many people still talk about that ADA for school programs. It should be discussed in IDEA instead.

Interpreter providers(?) for hearing impaired are involved in both ADA and Rehabilitation Act of 1973 - i.e. a company pays some interpreters for job interviewers, important lectures (i.e. OSHA laws), and police arrest deaf people that demand for interpreter(s).

I didn't want to detail it because it is complicated for me to understand the laws. (Isn't this info correct? A deaf man lectured in a class about ADA issues a long time ago, and I recalled about it.)
Click to expand...

Actually, the ADA Title II Section 504 covers all educational programs as well.
 
I had to take a whole test in the Praxis series on all those education laws for my teaching certificate. Reading this thread brings back memories of endless hours of studying for the test! Ha! It seems like most of the info has been posted. :)
 
also see NICHCY Home they dealt with special education from K-12. see your county public school's special education department website. many often posted the laws, details, etc.
 
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