Information on laws, educational placement, and available programs for Deaf and Hard of Hearing students.
Students have the right to equal access to all aspects of the school system, including classrooms, extracurricular activities, and school events. For deaf students, this means access to interpreters, assistive technology, captioning, and any accommodations needed to ensure full participation. Every student has the right to a school environment where they can advocate for the tools and resources that support equal opportunities and thrive.
Laws Protecting Students
Visit State and Federal Laws to learn more about Laws related to Deaf and Hard of Hearing.
Individuals with Disabilities Education Act (IDEA):
- Ensures that students with disabilities, including those who are Deaf or Hard of Hearing, receive a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
- Requires an Individualized Education Program (IEP) tailored to the student’s needs, including communication access and language development.
Section 504 of the Rehabilitation Act:
- Prohibits discrimination based on disability in programs receiving federal funding.
- Students who do not qualify for an IEP may receive a 504 Plan with accommodations like sign language interpreters, captioning, or assistive listening devices.
Americans with Disabilities Act (ADA):
- Mandates effective communication in public schools, including the provision of auxiliary aids and services such as interpreters, CART (Communication Access Realtime Translation), and other technology.
Idaho Deaf/HH Child Bills of Rights (SCR 103)
- State law that recognizes the unique communication and language needs of Deaf and Hard of Hearing children.
Court Cases
Perez V. Sturgis Public Schools (2023)
- Key Issue: Whether a deaf student could sue for damages under the ADA after not receiving a FAPE under IDEA.
- Outcome: The U.S. Supreme Court held that individuals can pursue claims for monetary damages under the ADA even if they did not exhaust administrative procedures under the IDEA.
Endrew F. v. Douglas County School District (2017)
- Key Issue: The central issue was whether the IDEA requires schools to provide more than minimal educational progress for students with disabilities to meet the FAPE standard.
- Outcome: The Supreme Court clarified that IEPs must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances,” raising the standard for the quality of education provided to students with disabilities.
Zobrest v. Catalina Foothills School District (1993)
- Key Issue: The key issue was whether providing a publicly funded sign language interpreter for a deaf student at a private religious school violated the Establishment Clause of the First Amendment, which prohibits government endorsement of religion.
- Outcome: The U.S. Supreme Court held that individuals can pursue claims for monetary damages under the ADA even if they did not exhaust administrative procedures under the IDEA.
Springdale School District v. Grace (1980)
- Key Issue: Appropriate educational placement for a deaf student under IDEA.
- Outcome: The court emphasized the importance of individual assessments to determine the Least Restrictive Environment (LRE), considering both mainstream and specialized settings.
Common Accommodations
School have a legal obligation to provide the accommodations a student needs to meet their education goals as set by the student, parents, and IEP/504 team. Examples of commonly requested accommodations include:
- Sign Language Interpreter
- CART (Communication Access Realtime Translation)
- Preferential Seating
- Captioned Media
- ASL Specialist
- Deaf Mentor
- Notetaker
- Test Accommodations
- Assistive Listening Devices (ALDs)
- FM Systems
- Hearing aids
- Cochlear Implants
Educational Placement
There are diverse educational placements for Deaf and Hard of Hearing children. Idaho offers the following options:
Campus-Based
These programs are located a school specifically designed for DHH students and offer both day and residential options. They provide a fully accessible environment with teachers and staff fluent in sign language, specialized resources, and peers who share similar experiences. This setting fosters a strong sense of community and cultural identity among deaf students.
Mainstream Programs
In mainstream programs, deaf students attend general education classes alongside hearing peers. Support services such as interpreters, captioning, or assistive technology are provided to ensure access to communication and curriculum. This option allows deaf students to interact with hearing peers but may require strong self-advocacy skills to succeed.
Mainstream DHH Classrooms
This option combines mainstreaming with additional support. Deaf students are placed in a general education school but have access to specialized DHH classrooms where they receive targeted instruction from teachers trained to work with deaf and hard of hearing students. This approach offers a balance of individualized support and opportunities for interaction with hearing peers.
Idaho Educational Services for the Deaf and Blind (IESDB)
IESDB is responsible to assist school districts and state agencies in providing accessibility, quality and equity to students in the state with sensory impairments through a continuum of service and placement options.
Examples of services provided by IESDB:
- Early intervention
- Free services for families of children with hearing or vision loss from birth to age three. IESDB Educational Specialists provide parent education, support, and assistance with diagnosis and treatment options.
- Preschool
- Programs for Children ages 3-5 that offer total communication and auditory-oral options. These programs include vocbulary and language development, listening activities, and social skills.
- Educational services
- Supplemental education services, early invention and education, and consultation.
- Transition support
- Support for families and local school districts.
- Campus-based school
- The Idaho School for the Deaf and the Blind (ISDB) is an accredited school with a specialized curriculum for students with hearing and vision loss. The ISDB offers day and residential programs.
- Educational interpreting support and training
- IESDB offers educational interpreting support and training.
IESDB has seven regional educational centers across Idaho. You can contact Paula Mason for a referral for assessment and assistance.
Deaf or Hard of Hearing Guidance Handbook
The guidance handbook published by Idaho State Department of Education (SDE) outlines the eligibility process specifically as it applies to children who are Deaf or Hard of Hearing, ages 3-21 years of age. Children who have a hearing loss, can be automatically considered for a referral. The instructions outlined in the document is to assist educational teams with current, evidence-based support for serving Deaf and HH children in educational settings.
Mainstream Programs
Deaf or Hard of Hearing Guidance Handbook
Other resources:
Summer Programs
Sawtooth Camp
Ages 12–14
The Idaho School for the Deaf and the Blind (ISDB) offers a summer camp; “Sawtooth Camp” for the deaf and hard of hearing children, ages 12-16. This is a unique opportunity to experience the great outdoors, participate in fun-filled activities, and build lasting friendships.
Work Readiness Camp
Ages 15–21
This program is a work-readiness camp and post-secondary transition program for students ages 15 to 21 who are deaf or hard of hearing. Students engage in four weeks of paid work experience and learn how to find and secure long-term employment and about the skills and technology that might help them in the pursuit.
NAD Youth Leadership Camp
This program is national Deaf and Hearing camp for intensive educational four-week summer program for high school sophomores and juniors.
Visit Site
Usher Syndrome Coalition
USH Partner, Ava's Voice, hosts USHthis Summer Youth Camp for campers with Usher syndrome, ages 12-17. Youth with Usher syndrome, ages 17-20, can apply to be mentors-in-training, and young adults with Usher, ages 21 to 25 can apply to be lead mentors
Visit Site