Understanding IDEA and the Foundations of DHH Education

The education of Deaf and Hard of Hearing (DHH) students is shaped by centuries of progress, advocacy, and legal safeguards that address their unique needs. A pivotal milestone in this journey is the Individuals with Disabilities Education Act (IDEA), first enacted in 1975 under its original title, the Education for All Handicapped Children Act. IDEA revolutionized the educational landscape for children with disabilities, mandating a Free Appropriate Public Education (FAPE) for all students regardless of the severity of their challenges (U.S. Department of Education, 2004).

Under IDEA, Deafness is defined as a hearing impairment so severe that it inhibits the processing of linguistic information through hearing, even with amplification, thereby adversely affecting educational performance. Hearing impairment is similarly categorized, though it may be permanent or fluctuating, and does not encompass the definition of Deafness (DesGeorges & Seaver, 2013). IDEA emphasizes that adverse educational effects are not limited to academic performance alone. A child’s unique functional, developmental, and communication needs must also be addressed, ensuring that educational opportunities are meaningful and inclusive.

Throughout history, DHH education has been marked by efforts to provide equitable access to communication and learning. IDEA plays a crucial role in guiding educational teams, such as Individualized Education Program (IEP) teams, to consider a wide array of factors specific to DHH students. These include communication needs, opportunities for direct interaction with peers and educators, and accommodation like assistive communication devices and services (34 CFR 303.324(2)). By aligning educational practices with the potential and goals of DHH students, IDEA ensures that progress is measured in context with each student’s abilities, not just standardized benchmarks.

Historical Context of Deaf and Hard of Hearing (DHH) Education and Legal Protections

The education of Deaf and Hard of Hearing (DHH) individuals has undergone significant transformation, shaped by evolving societal attitudes, advocacy movements, and legal frameworks. This paper explores the historical milestones in DHH education, the controversies surrounding educational approaches, and the legal protections that ensure equitable access to education for this population.

Formal education for DHH individuals in the United States began in 1817 with the establishment of the American School for the Deaf in Hartford, Connecticut. Founded by Thomas Hopkins Gallaudet and Laurent Clerc, this institution marked the beginning of structured education for DHH students, emphasizing sign language as a primary mode of communication (Lane, 1984). The early 19th century saw the rise of manualism, which prioritized sign language in teaching, but this approach faced opposition from proponents of oralism, who advocated speech and lip-reading as the preferred methods of instruction (Baynton, 1996).

The debate between manualism and oralism dominated the educational landscape for decades, with oralism gaining prominence in the late 19th and early 20th centuries. This shift was influenced by societal attitudes that viewed sign language as inferior and sought to assimilate DHH individuals into hearing culture. However, the limitations of oralism, particularly for students with profound hearing loss, led to renewed advocacy for bilingual approaches that incorporate both sign language and spoken language (Baynton, 1996).

Legal Protections

The legal landscape for DHH education began to take shape in the mid-20th century, culminating in landmark legislation that guarantees the rights of DHH students to equitable education.

1. Individuals with Disabilities Education Act (IDEA): Enacted in 1975 and amended over the years, IDEA mandates that children with disabilities, including DHH students, receive a Free Appropriate Public Education (FAPE). It requires the development of Individualized Education Programs (IEPs) tailored to the unique needs of each student. IDEA emphasizes the importance of communication access, including opportunities for direct communication with peers and educators in the student’s preferred mode of communication (U.S. Department of Education, 2004).
2. Section 504 of the Rehabilitation Act (1973): This law prohibits discrimination based on disability in programs receiving federal funding. It ensures that DHH students have equal access to educational opportunities and accommodations, such as assistive listening devices and captioning services (U.S. Department of Health and Human Services, 2020).
3. Americans with Disabilities Act (ADA): Signed into law in 1990, the ADA extends protections against discrimination to all areas of public life, including schools. Title II of the ADA requires public schools to provide accommodation that ensure accessibility for DHH students, such as sign language interpreters and captioned instructional materials (ADA National Network, 2021).

Special Considerations for DHH Students

IDEA includes specific provisions for DHH students that set it apart from other disability categories. IEP teams are required to consider the communication needs of DHH students, including opportunities for direct communication with peers and professional personnel in their preferred language and communication mode. This ensures that DHH students receive instruction that aligns with their academic level and full range of needs (DesGeorges & Seaver, 2013).

Educational opportunities for DHH students begin with equitable access to communication, which is essential for meaningful engagement with the curriculum. Schools are held accountable for providing accommodations that enable DHH students to achieve passing marks and progress from grade to grade. Failure to provide adequate support can result in legal action, as demonstrated in cases like Deal v. Hamilton Board of Education (2004), where the court ruled that educational benefits must be gauged by the child’s potentialities (DesGeorges & Seaver, 2013).

As defined by IDEA, Deafness means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance.

As defined by IDEA: Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but is not included under the definition of “deafness.”

The term adverse educational effect does NOT mean that a child must be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to “any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade and is advancing from grade to grade.” [§300.101(c)(1)]. The OSEP clarified that “it remains the department’s position that the term ‘educational performance’ as used in the IDEA and its implementing regulations is not limited to academic performance. Whether a speech and language impairment adversely affects a child’s educational performance must be determined on a case-by-case basis, depending upon the unique needs of a particular child and not based only on discrepancies in age or grade performance in academic subject areas (Section 614(b)(2)(A) of IDEA and the final regulations at 34 CFR Section 200.304(b) state that in conducting an evaluation, the public agency must use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information..”  Functional and developmental information for D/HH children includes consideration of expanded core curriculum areas that include such topics as self-advocacy, speaking/listening skills, ASL, etc.

Special Considerations – only for children with Hearing Loss

Unlike the other 12 categories of special education disabilities, the IEP teams of children who are deaf or hard of hearing are held responsible by IDEA for taking the following into consideration:

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 professional personnel 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. 34 CFR 303.324(2)

Educational opportunities begin with equitable access to communication so what is being taught can get through and every student has the same opportunity to learn as any typical child does.

What if a child with hearing loss is made ineligible for specialized support?

The local education agency (school or district) is accountable for children it finds ineligible for special education and/or 504 support. If those students do not make adequate progress – defined as one year’s growth in one year’s time – parents can express their concerns and find different resources.

In Deal v. Hamilton Board of Education (6th Circuit, 2004), the court ruled that “meaningful educational benefit must be gauged by the child’s potentialities.” The takeaway message is to know what the student’s potential is – not necessarily her maximum potential, but a level of achievement that is measured in context to her ability to become proficient with the standards that have been identified for her grade level. Since IDEA requires that the IEP be reasonably calculated to enable children in mainstreamed settings to achieve passing marks and pass from grade to grade, it can be construed that passing from year to year assumes a child is, at the very least, making one year’s growth in one year. This points to the crucial information the IEP team must have about the student’s cognitive ability, and the instructional strategies and communication access supports that will succeed in delivering the curriculum so that she can benefit meaningfully from her education” (DesGeorges, & Seaver 2013).

The history of DHH education reflects a journey of advocacy, innovation, and legal progress. From the establishment of the American School for the Deaf to the enactment of IDEA and ADA, the focus has shifted toward ensuring equitable access to education for DHH students. While challenges remain, the legal protections in place provide a framework for addressing the unique needs of this population and fostering inclusive educational environments.

References

• ADA National Network. (2021). What is the Americans with Disabilities Act (ADA)? Retrieved from https://adata.org/learn-about-ada
• Baynton, D. C. (1996). Forbidden signs: American culture and the campaign against sign language. University of Chicago Press.
• DesGeorges, J., & Seaver, L. (2013). Educational considerations for children with hearing loss. Hands & Voices.
• Lane, H. (1984). When the mind hears: A history of the deaf. Random House.
• U.S. Department of Education. (2004). Individuals with Disabilities Education Act (IDEA). Retrieved from https://sites.ed.gov/idea/
• U.S. Department of Health and Human Services. (2020). Section 504, Rehabilitation Act of 1973. Retrieved from https://www.hhs.gov/

References

Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley. (n.d.). Oyez. Retrieved     March 17, 2025, from https://www.oyez.org/cases/1981/80-1002

Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982)

Rehnquist, W. H. & Supreme Court of The United States. (1981) U.S. Reports: Hendrick Hudson Dist. Bd. of        Ed. v. Rowley, 458 U.S. 176. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep458176/.

Quimbee. (2022, March 2). Board of Education v. Rowley Case Brief Summary | Law Case Explained (Video). YouTube https://www.youtube.com/watch?v=vIXSW-DYVm8