Special Considerations for Deaf & Hard of Hearing Students

Legal Framework

• IDEA (Part B) requires that when developing an IEP, the team must consider the child’s communication needs and, for a child who is deaf or hard of hearing, consider: language and communication needs; opportunities for direct communication with peers and professional personnel in the child’s language/communication mode; academic level; the full range of needs; and opportunities for direct instruction in the child’s language/communication mode. :contentReference[oaicite:0]{index=0}
• OCR Policy Guidance clarifies FAPE and LRE for deaf students and emphasizes that IEP teams must address unique communication and language needs; “mainstreaming” is not a one-size-fits-all presumption when it undermines communication access or meaningful progress. :contentReference[oaicite:1]{index=1}
• Section 504/ADA prohibit disability discrimination and require effective communication, often via auxiliary aids and services (e.g., qualified interpreters, captioning, assistive listening systems), so that students can receive and convey information as effectively as peers. :contentReference[oaicite:2]{index=2}
• Evaluations/IEPs are governed by IDEA §1414 and must use multiple measures; reevaluations occur at least every three years unless agreed otherwise. :contentReference[oaicite:3]{index=3}

What the IEP Team Must Deliberately Consider (D/HH)

Under IDEA’s “special factors,” the team documents how it addressed each of these for a D/HH student:

1. Language & communication needs (spoken language, ASL, total communication, cued speech, etc.). :contentReference[oaicite:4]{index=4}
2. Opportunities for direct communication with peers in the student’s language/communication mode (not mediated by an interpreter). :contentReference[oaicite:5]{index=5}
3. Opportunities for direct communication with professional personnel in the student’s language/ communication mode. :contentReference[oaicite:6]{index=6}
4. Academic level and full range of needs (social-emotional, safety, incidental learning, etc.). :contentReference[oaicite:7]{index=7}
5. Opportunities for direct instruction in the student’s language/communication mode. :contentReference[oaicite:8]{index=8}

OCR’s guidance underscores that decisions must be individualized and rooted in communication access, not cost or convenience. :contentReference[oaicite:9]{index=9}

Evaluations & Identification

• Use qualified evaluators and multiple tools to assess language, communication, listening, access to instruction, and the educational impact of hearing status (including acoustic environments and incidental learning). :contentReference[oaicite:10]{index=10}
• Consider the need for assistive technology (e.g., DM/remote microphone systems), interpreting/transliteration, captioning, or direct-communication placements when access is insufficient. :contentReference[oaicite:11]{index=11}

Placement, LRE, and the Continuum

IDEA requires a continuum of placements—from neighborhood schools to center-based programs and specialized schools—so teams can select the setting that provides FAPE with appropriate communication access in the LRE. Access may require clustered D/HH peers and staff who are fluent in the child’s language/communication mode. :contentReference[oaicite:12]{index=12}

“Least restrictive” does not automatically mean a typical classroom if that environment prevents direct communication or denies effective access to instruction. The IEP must explain how the chosen placement meets communication needs and enables progress. :contentReference[oaicite:13]{index=13}

Auxiliary Aids & Services / Effective Communication

• Common supports include qualified interpreters, CART/captioning, assistive listening systems, note-taking/transcription, visual alerts, and adapted materials—selected based on the student’s language background and communication goals to achieve effectiveness, not mere availability. :contentReference[oaicite:14]{index=14}
• Teams should discuss settings where access differs (classroom, assemblies, extracurriculars, safety drills, counseling, vocational settings) and ensure services extend beyond academics. :contentReference[oaicite:15]{index=15}

IEP Content & Documentation

• PLAAFP must reflect language/communication performance and how hearing status affects participation/progress. :contentReference[oaicite:16]{index=16}
• Measurable goals addressing language/communication (as appropriate), access, and academic/social outcomes. :contentReference[oaicite:17]{index=17}
• Services & supports (what/where/frequency/provider), assessments with accommodations, and an explicit placement/LRE rationale. :contentReference[oaicite:18]{index=18}
• Transition planning (no later than age 16; often earlier by state rule) including communication access in work-based learning and community settings. :contentReference[oaicite:19]{index=19}

Prior Written Notice (PWN)

Whenever a district proposes or refuses to initiate/change identification, evaluation, placement, or FAPE, it must issue a PWN that describes the action, explains why, summarizes the data relied upon, lists other options considered and reasons rejected, and provides procedural-safeguards information and contacts for help. :contentReference[oaicite:20]{index=20}

Parent Participation & Rights

• Parents are full team members; meetings should support meaningful participation (including interpreters for parents, when needed). :contentReference[oaicite:21]{index=21}
• Consent is required for initial evaluation and initial provision of services; parents can review records and use dispute processes (mediation, state complaint, due process) if disagreements persist. :contentReference[oaicite:22]{index=22}

Quick Checklist for IEP Teams (D/HH)

• Document the five IDEA special-factor items specific to D/HH (language & communication; direct peer/pro staff communication; academic level; full range of needs; opportunities for direct instruction). :contentReference[oaicite:23]{index=23}
• Ensure effective communication under 504/ADA across all settings (instructional, extracurricular, counseling, safety). :contentReference[oaicite:24]{index=24}
• Consider the continuum of placements and clustered peer/staff options when needed for direct communication. :contentReference[oaicite:25]{index=25}
• Align services, accommodations, and assistive technology with evaluation data; write a precise schedule/frequency/provider in the IEP. :contentReference[oaicite:26]{index=26}
• Issue a complete PWN for any proposal/refusal, listing data and options considered. :contentReference[oaicite:27]{index=27}