The latest news - Legislative Initiatives
Update: Where are we in Deaf Education Reform? January, 2008
By Larry Siegel, J.D.
In 2000, the NDEP proposed that meaningful education for deaf and hard of hearing students must be communication and language-driven; that the expressive and receptive language needs of these students must be at the core of their education. Deaf and hard of hearing students should not have to fight, year after year for that which every other child in this nation takes for granted: age-appropriate language skills, a critical mass of age and language peers, staff that communicate directly and effectively, and a rich language environment in school.
Since that time much has happened (and yes much needs to be done). Not only have numerous states passed Deaf Children’s Bill of Rights (See state specific links on home page), but numerous states now have or plan to require that every deaf and hard of hearing child’s IEP must have a detailed “communication plan” which discusses the child’s access to language peers, language development and an appropriate communication environment. In addition to Colorado and New Mexico, Pennsylvania, Wisconsin and North Carolina are about to implement communication plans. Other states, including Iowa and Nebraska are working on similar concepts. South Carolina has just begun its reform efforts and will also include a communication plan.
Georgia has just passed a bill of rights and Kansas is working on potential legislation as well. Still others are in the process of considering legislation, including Maine. Other states have passed resolutions, while still others have used the National Agenda to develop a State Agenda.
What needs to happen next?
First, of course, more states need to develop coalitions so that they can discuss and then implement reform. The notion that deaf and hard of hearing children should have their language and communication needs met is both simple and obvious. The NDEP wants to help.
Second, once there is a critical mass of states with bills of rights, communication plans, reform reports, and/or State Agenda, it may be time to go the national level to seek national change. Having 25 or 30 states with very similar developments will be powerful.
Can more be done? There is a growing sentiment that full reform will require some litigation. Most successful civil rights movements have relied – indeed had no choice – but to use the courts. I believe it is way past time for deaf and hard of hearing children to have their Brown v. Board of Education case. I will publish a book through Gallaudet Press arguing that IDEA violates the 1st and 14th Amendment rights of deaf and hard of hearing children and that any program that does not provide for language access and language development must change.
There is a small but determined group of individuals who hope to meet in the next 12 months to discuss the role of litigation.
Report Card Survey of the 2006 Summit Available Online
In 2005, the first National State Leaders Summit convened in Atlanta, GA with the goal of providing a forum to assist states in developing programs to improve outcomes of children who are deaf and hard of hearing. This forum of state leaders included state department of education, school for the deaf, parent, and higher education representatives as well as national consumer groups. At the same time the National Agenda ( National Agenda: Moving Forward on Achieving Educational Equality for Deaf and Hard of Hearing Students, 2005) was released after several years of development by a coalition of parent, consumer, professional and advocacy organizations involved in the education of deaf and hard of hearing children. The National Agenda promotes eight goals for developing an effective education system to improve performance outcomes. In order to promote adoption of the National Agenda goals, the National State Leaders Summit provides a forum for states to share and learn from one another about their state deaf education initiatives and activities. In order to monitor progress of state level implementation of the goals, state teams completed a Report Card Survey at the 2006 Summit . This first report card provides a baseline from which to monitor future progress on state deaf education initiatives.
[ View Report ]
Deaf Education Reform Movement in Norway
Currently, the following states have enacted the Bill of Rights for Deaf and Hard of Hearing Children:
- Louisiana, enacted 6/8/93;
- South Dakota, effective 7/1/93;
- California, effective 1/30/94;
- Rhode Island, enacted 7/3/95;
- Colorado, enacted 3/18/96; and
- Montana, State Board of Public Education policy.
These states have proposed similar legislation but have not yet enacted the Bill of Rights: Alaska, Arkansas, Connecticut, Hawaii, North Dakota, Utah, and Washington.
Colorado Deaf Education Reform Update
A Report by Cheryl D. Johnson, Ed.D., Colorado Department of Education
Statewide Program Evaluation
Under the guidance of the Colorado Deaf Education Reform Implementation Task Force, CDE, Exceptional Student Services, has contracted with the Research and Development Center for the Advancement of Student Learning at Colorado State University to conduct a statewide evaluation of programs and services for students who are deaf and hard of hearing. The evaluation is based on the COLORADO QUALITY STANDARDS for Programs and Services for Students who are Deaf and Hard of Hearing (2004). The program evaluation will occur in two phases beginning in January 2006. The first phase is an on-line self-assessment survey of all DHH teachers, audiologists, early intervention providers, educational interpreters, special education administrators, and any other relevant DHH service providers. The survey will gather information about the services, birth to age twenty-one, that each school district or BOCES provides, the degree to which the quality standards are implemented, which quality standards they find valuable for the services provided to students with hearing loss, and what level of satisfaction they have of the services they provide . The second phase will consist of focus groups of DHH teachers and providers in approximately 25 school district or BOCES. Districts/BOCES will be randomly selected and then supplemented by 5 that are selected to assure appropriate representation from urban and rural administrative units as well as geographical distribution.
The purpose of this evaluation is to determine which quality standards, or groups of standards, have the greatest impact on student achievement and outcomes. We will also be conducting similar self-assessments in Arizona to look specifically at the benefits of services being organized within regional programs. The information obtained from this process will be used to inform the legislature of the needs of students who are deaf and hard of hearing (DHH) as well as direct further planning of services and programs within Colorado schools.
The COLORADO QUALITY STANDARDS for Programs and Services for Students who are Deaf and Hard of Hearing (2004) as well as other documents pertinent to deaf education can be downloaded at www.cde.state.co.us/cdesped/sd-hearing.asp . If you have questions or would like additional information, please contact Cheryl Johnson, Supervisor, Exceptional Student Services, CDE
( johnson_c@cde.stste.co.us ).
Additional Resources
- National Association of the Deaf Website http://www.nad.org/
- Components of the Deaf Child's Bill of Rights http://www.nad.org/
- Illinois Deaf Child Bill of Rights http://www.iadeaf.org/
Please email us if you have further information about your state's current status with the Deaf Child Bill of Rights.