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Law and Deafness
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from the National Center for Law and Deafness.
School systems are required by law to evaluate children for hearing loss, to create special programs to prevent hearing loss, and to provide counseling and guidance to students, parents, and teacher.  They are responsible for determining a child's need for amplification, for selecting and fitting an appropriate aid, and for evaluating the effectiveness of the amplification.

Parents need to confirm their school has qualified diagnostic staff, supportive services, trained personnel, amplification equipment and a desirable visual environment, an understanding of total communication, financial resources and commitment.  Opportunities for training made available to school staff so they may become more knowledgeable about hearing loss, the possible solutions and accommodations.

If parents are not confident that the school system has the resources to provide an appropriate education or they do not accept the school system's evaluation and proposed placement or program, they can request a due process hearing.  Simply notify the school officials that they are dissatisfied, state their reason, and ask for a hearing.   The notification should but does not have to be in writing.  The hearing and the final decision must be completed within forty-five days of the request.

Programs must be conducted in an integrated setting.  Must ensure that a hard of hearing student has any auxiliary aids that are necessary for him or her to fully participate in the educational program.  Disabled students at federally funded colleges must be treated equally with non-disabled students.  Auxiliary aids might also include transcripts or captioning of films and videotapes.

A post-secondary educational institution can refer a student to another source for provision of auxiliary aids or try to obtain the necessary auxiliary aids from such outside sources as the local vocational rehabilitation office or charitable groups.   However, the school remains responsible for seeing that the aids are received and that they in fact enable the deaf student to participate in the education program.   The school has ultimate responsibility to find and pay for interpreters and other auxiliary aids unless the student is a Vocational Rehabilitation client.

 
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Last modified: 08/25/08