The Americans with Disabilities Act (ADA) was passed in 1990, and with its passing, it ushered in new discrimination protections for individuals with Deafness.  ADA Title II regulations cover public education institutions and ADA Title III regulations cover charter schools, day schools, or higher learning institutions. The ADA provides protection against discrimination for Deaf children, however there are other laws that help to provide an accessible, inclusive environment to the varied and unique needs of Deaf learners.  Two other acts, Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA), work in conjunction with the ADA to make sure that the needs of Deaf children are being met. 

Americans with Disabilities Act

The Americans with Disability Act (ADA) ensures that no Deaf or hard of hearing student will be discriminated against based on their Deafness or hard of hearing by an educational institution.  The ADA states that schools provide the same educational opportunities, extracurricular activities, and access to special events to Deaf children as they do to hearing students. In addition to that, the ADA states that Deaf children are allowed reasonable accommodations to access the educational environment. These accommodations include alternative communication methods.  It doesn’t have to be the preferred method, it just has to be effective.  ADA protection also extends to the immediate family of a Deaf or hard of hearing child, including sign language interpreters on request for any parent or teacher conference. 

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act is another piece of legislation that helps decide if an individual with Deafness or hard of hearing requires additional accommodations within an educational setting.  Section 504 forbids any public or private educational institutions from excluding qualified individuals with Deafness from programs or services.  It also forbids educational institutions from denying Deaf students equal opportunity to receive a free and appropriate public education (FAPE).

The plans drafted under Section 504 create communication norms to allows equal access and inclusion for all Deaf and hard of hearing students.  They also allow for accommodations to be utilized within the classroom environment.  These accommodations can be high tech, like augmentative and alternative communication (AAC) devices, hearing aids, and FM devices, or they can be low tech devices like core boards, visuals, and preferred seating that help Deaf and hard of hearing children communicate their wants and needs. 

A 504 plan allows for a bit more fluidity when it comes to accommodations, because now the student is requiring additional support beyond the minimum accommodations provided under ADA.  When Deaf students and their parents work with school administrators they can secure a student a communication method that works for them, like an AAC device for younger students, or access to technology like text to speech or closed captioning.  It allows the student and parent to specify what accommodation they would like and why it is the best option for their student.  It is important to note that all Deaf students can have a 504 to help bridge the communication gap within the educational environment, but a 504 will not modify in any way a Deaf student’s instructional material or how they access it.  It simply provides bridges as to how the information is communicated.  It is a legal document that mandates the school provide the accommodations listed within the 504 plan or face legal action by filing an Office of Civil Rights (OCR) complaint.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a step beyond a 504 plan.  When a Deaf student’s ability to access the general curriculum becomes difficult or impossible, the student would be referred for an educational evaluation.  If the results show that the student needs additional support in academics, that is when IDEA protections would begin.  IDEA protections include the implementation of an Individualized Education Plan (IEP).  An IEP is a plan that is drafted by the IEP team (consisting of a special education teacher, general education teacher, speech language pathologist, occupational therapist, parent, school administrator, and student), which is an individualized learning plan comprised of annual educational goals, specific accommodations and modifications to the learning environment, access to alternative instructional methodologies and how the team plans to meet the needs of the student. Current research indicates that IEPs are utilized for an estimated 25% of Deaf or hard of hearing students.

IEPs are a good way for Deaf students to receive higher tech communication methods that are provided by the school district so that the student can access their educational environment, communicate effectively, and bridge the gaps in student learning.  These accommodations can include access to a sign language interpreter, real time captions, an iPad that allows for text to speech and speech to text options to communicate with peers and teachers and access to other assistive listening devices or amplification devices.  Like a 504 plan, an IEP is a legal document that mandates the school district provide the services listed within or face an OCR complaint. 

Conclusion

The ADA provides universal protections against discrimination of Deaf students to any school offered program and activity and offers reasonable accommodations. Section 504 of the Rehabilitation Act and IDEA provide special accommodations to create an inclusive classroom and learning environment by utilizing more specialized accommodations.  Whether you feel the protections provided under ADA are enough to accommodate your Deaf student or if you need additional support through the implementation of a 504 plan or IEP, you have many rights as a parent of a Deaf student.  The goal of any educational institution should be an inclusive learning environment for all.  If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.