There are both state and federal laws providing protection for deaf and hard of hearing individuals, with specific regulations tailored to different environments and settings
Americans With Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.
Resource: ADA
Equal Employment Opportunity for Individuals with Disabilities:
This title is designed to remove barriers that would deny qualified individuals with disabilities access to the same employment opportunities and benefits available to others without disabilities. Employers must reasonably accommodate the disabilities of qualified applicants or employees, unless an undue hardship would result.
Reporting Noncompliance: File an ADA Complaint with the U.S. Equal Employment Opportunity Commission.
Nondiscrimination on the Basis of Disability in State and Local Government Services:
This title prohibits discrimination on the basis of disability by public entities. The public entity is required to ensure access to programs, services and activities provided by the federal, state, or local government. Examples include public schools, Head Start, town halls, council meetings, social security appointments, legislative committee hearings, public transportation, court, etc.
Reporting Noncompliance: File an ADA Complaint with the U.S. Department of Justice. You can file an Americans with Disabilities Act complaint alleging disability discrimination against a state or local government online or by mail
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities:
This title prohibits discrimination on the basis of disability by private entities in places of public accommodation. Examples include hotels, restaurants, golf courses, private schools, doctor’s office, retail store, day care centers, health clubs, etc.
Reporting Noncompliance: File an ADA Complaint with the U.S. Department of Justice. You can file online or by mail.
Telecommunications:
This title requires telephone and internet companies to provide a nationwide system of Telecommunications Relay Services for individuals who are deaf, hard of hearing, and those with speech disabilities.
Reporting Noncompliance: File an ADA Complaint with the Federal Communications Commission.
Miscellaneous Provisions:
The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws and its impact on insurance providers and benefits.
Rehabilitation Act of 1973
Eligible individuals are those under 3 years of age who have an identified disability or would be at risk of experiencing a substantial developmental delay if early intervention services were not provided. Families may be referred to local programing or apply independently.
An Individualized Family Service Plan (IFSP) is developed through the collaboration of a team of professionals and the parents/family. The IFSP describes intervention services, transition services, and goals for the infant or toddler. IFSPs are evaluated annually and reviewed with the family on an ongoing basis. Infant’s or toddler’s family should receive:
- A multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs
- A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler
- A written IFSP developed by a multidisciplinary team, including the parents including a description of the appropriate transition services for the infant or toddler.
Early intervention services are provided to families through the state at little to no cost, and are designed to meet the developmental needs of the infant or toddler as described in the IFSP. Intervention services may include any of the following areas:
- physical development
- cognitive development
- communication development
- social or emotional development
- adaptive development
Resource: View Section 1432
Section 501 prohibits discrimination on the basis of disability in federal employment. The Section requires that agencies recruit individuals with disabilities, have sufficient opportunities for employees with disabilities to advance within the agency, and provide reasonable accommodations that allow an individual to enjoy equal access to the benefits and privileges of employment. The U.S. Equal Employment Opportunities Commission (EEOC) is responsible for enforcing Section 501 of the Rehabilitation Act.
- Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities and requires employers to take affirmative action to recruit, hire, promote, and retain these individuals. The non-discrimination provisions apply to all companies with contracts in excess of $10,000, while the affirmative action provisions apply to companies with 50 or more employees and contracts of $50,000 or more. The Office of Federal Contract Compliances at the US Department of Labor is responsible for enforcing Section 503 of the Rehabilitation Act.
Section 504 of the Rehabilitation Act of 1973 ensures that students with disabilities have equal access to education and related services by prohibiting discrimination in programs and organizations receiving federal funding. This law applies to public, charter, and private schools that receive federal assistance, mandating that they provide equal opportunities for students with disabilities to participate in and benefit from all school programs and activities. Schools are required to offer a Free Appropriate Public Education (FAPE) tailored to the individual needs of each student. This is achieved through 504 Plans, which outline the necessary accommodations, modifications, and services to support the student’s educational experience. Examples include public schools, universities, healthcare, housing assistance, public transportation, and nursing homes.
Below are examples of federal agencies that oversee compliance with section 504 and with which complaints can be filed.
Technology and Web Accessibility:
Section 508 of the Rehab Act addresses information technology. Federal agency information and communication disseminated through the use of technology must be accessible to people with disabilities, including both members of the public and employees. While Section 508 only applies to federal agencies, many private employers have adapted their standards to ensure their technological infrastructure is accessible.
Web Content Accessibility Guidelines (WCAG)
“Web Content Accessibility Guidelines (WCAG) international standard, including WCAG 2.0, WCAG 2.1, and WCAG 2.2. WCAG documents explain how to make web content more accessible to people with disabilities” (Source: Standard Guideline WCAG).
The Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a federal law that governs how states and public agencies provide early intervention, special education and related services to more than 7.5 million eligible infants, toddlers, children, and youth with disabilities.
Schools must provide a Free and Appropriate Public Education (FAPE) to all students with disabilities, ensuring they receive individualized instruction through special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. The school must provide all necessary services at no cost to the family. (Section 612(a)(1) of IDEA)
To ensure that the rights of children with disabilities and parents of such children are protected, students must receive an appropriate and comprehensive evaluation to determine their eligibility for special education services. Evaluations must be conducted by trained professionals using a variety of tools and strategies to ensure an accurate assessment of the student’s needs. (Sections 614(a) through (c))
Each eligible student must have an Individualized Education Program (IEP). An IEP includes a written document developed by a team that outlines the student’s specific educational goals, accommodations, services, and how their progress will be measured. (Sections 614(d) and 1414(d))
Students with disabilities should be educated in the Least Restrictive Environment (LRE), meaning they should be included in general education classrooms to the greatest extent possible. For Deaf students, this means considering their unique communication needs and referencing the Idaho Deaf Child Bill of Rights to ensure they have access to appropriate language and communication modes. In most cases, Deaf schools, including residential programs, offer the most appropriate and supportive a environment for deaf students’ development. These settings ensure a less restrictive atmosphere where students can thrive academically and socially. (Section 612(a)(5))
To assist states in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families.
Parents and students must be involved in the decision-making process regarding the student’s education. This includes participating in IEP meetings, providing input on educational goals, and being informed of their rights and options. (Sections 614(d)(1)(B), 615(b), and 1414(d))
To ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvements activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services.
Procedural safeguards protect the rights of students with disabilities and their families. These include the right to receive notice of meetings, access to educational records, request an independent evaluation, and resolve disputes through mediation or due process hearings. (Section 615)
To assess, and ensure the effectiveness of, efforts to educate children with disabilities.
Part A. General Provisions
Part A outlines IDEA’s general provisions, including the purpose of IDEA and the definitions used throughout the statue.
Part B. Assistance for Education of all Children with Disabilities
Part B includes provisions related to providing a free appropriate public education in the least restrictive environment for children with disabilities ages 3 through 21.
Part C. Infants and Toddlers with Disabilities
Part C includes provisions related to providing early intervention services for infants and toddlers birth to age three and their families.
Part D. National Activities to Improve Education of Children with Disabilities
Part D includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent-training and information centers.
Federal Legislation
Communications, Video, and Technology Accessibility Act (CVTAA)
What the Law Says
The 21st Century Communications, Video, and Technology Accessibility Act (CVTAA) mandates that all communications, video programming, and emerging technologies be accessible to individuals with disabilities. This includes ensuring that digital content, devices, and services are designed and implemented in ways that allow people with disabilities to use them fully and independently. The CVTAA updates and expands on previous accessibility laws to cover modern technologies and platforms, ensuring equal access and usability.
How it Applies to the Deaf Population
The CVTAA requires that video programming includes accurate and synchronized captions, and that communication devices, such as smartphones and computers, are equipped with features that support sign language and text-based communication. It also mandates that video conferencing services provide options for real-time captioning and visual relay services. These accommodations ensure that Deaf individuals have equitable access to communication, entertainment, and information technology.
Resource: Federal Communications Commission.
Air Carrier Access Act (ACAA)
What the Law Says
The Air Carrier Access Act (ACAA) prohibits discrimination based on disability in air travel. It requires airlines to provide necessary accommodations to ensure that passengers with disabilities can access and use air transportation services equally. This includes assistance with boarding, deplaning, and connecting flights, as well as accessibility features in the aircraft and at airports.
How it Applies to the Deaf Population
For the Deaf population, the ACAA mandates that airlines provide visual and tactile communication methods for important flight information, such as boarding announcements, safety briefings, and emergency instructions. This may include visual display boards, text messaging services, and trained staff capable of using sign language. These accommodations ensure that Deaf passengers receive the same critical information as passengers that can hear, promoting a safer and more inclusive travel experience.
Resource: Transportation.gov
Fair Housing Act (FHA)
What the Law Says
The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. It ensures equal opportunity for individuals to rent, buy, or finance housing without facing discrimination. The law requires housing providers to make reasonable accommodations and modifications for people with disabilities to ensure they have equal access and enjoyment of the property.
How it Applies to the Deaf Population
For the Deaf population, the Fair Housing Act mandates that housing providers must accommodate their communication needs. This can include providing visual alerts for doorbells and smoke alarms, ensuring access to video relay services, and allowing service animals. These accommodations help create a safe and accessible living environment for Deaf individuals, enabling them to communicate effectively and respond to emergencies.
Resource: U.S Department of Housing and Urban Development/Fair Housing Act
Civil Rights Act of 1964
What the Law Says
The Civil Rights Act of 1964 is a landmark piece of legislation that prohibits discrimination based on race, color, religion, sex, or national origin. It prohibits unequal treatment in various settings, including employment, education, housing, and public accommodations. The Act aims to ensure equal opportunity and protection under the law for all individuals, regardless of their background or characteristics.
How it Applies to the Deaf Population
The Civil Rights Act protects against many types of discrimination, including discrimination on the basis of language. This law can be used to advocate for the rights of the Deaf population to access content in their primary language through direct service, interpretation, or document translation.
Resource: Civil Rights Act/Title VII of the Civil Rights Act of 1964
Affordable Care Act (ACA)
What the Law Says
The Affordable Care Act (ACA) is a comprehensive health care reform law enacted in 2010 that aims to make affordable health insurance available to more people, expand the Medicaid program, lower the costs of healthcare, and prohibit discrimination in covered health programs and activities. It includes provisions to prevent insurance companies from denying coverage or charging higher premiums based on pre-existing conditions, including disabilities.
How it Applies to the Deaf Population
For the Deaf population, Section 1557 of the ACA requires healthcare providers and insurance companies to provide accessible communication methods and post notices of non-discrimination and availability of language assistance. This includes offering sign language interpreters, real-time captioning, and other auxiliary aids and services during medical appointments and in health care communications.
Resource: Affordable Care Act/Healthcare.gov
Telecommunications Act
What the Law Says
The Telecommunications Act of 1996 is a comprehensive law aimed at deregulating the telecommunications industry to promote competition and innovation while ensuring that telecommunications services are accessible to all Americans. One of its key components, Section 255, requires that telecommunications products and services be designed to be accessible to people with disabilities, if readily achievable.
How it Applies to the Deaf Population
For the Deaf population, the Telecommunications Act mandates that telecommunications equipment, such as telephones and internet services, must be accessible. This includes providing features like TTY (Text Telephone) compatibility, video relay services, and real-time text messaging. Additionally, customer support services must be accessible to Deaf individuals through options like live chat and email. These accommodations ensure that Deaf individuals can communicate effectively and have equal access to telecommunications services.
Resource: Telecommunication Act/Federal Communication Commission
Idaho Legislation
IC § 54-29: Speech and Hearing Services Practice Act
Every person practicing or offering to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting must be licensed in Idaho through the Division of Occupational and Professional Licenses to ensure the health, safety, and well-being of the public. Professionals must meet and maintain prescribed standards of competence and conduct established in the law and in the guiding rules set forth by the board.
The Speech, Hearing, and Communication Licensure Board provides oversight of practice within the state. The responsibilities of the board include:
- Determining the minimum qualifications necessary to obtain a license or registration;
- Regulating the standards of conduct and scope of practice for the profession;
- Adopting and monitoring continuing education requirements;
- Reviewing complaints against licensees/registrants and taking appropriate disciplinary action against those who have violated the laws.
File a complaint against a licensee here. (insert link)
Resources:
IC § 33-1304: Educational Interpreter Act
The Educational Interpreter Act establishes standards and minimum requirements for educational interpreters working with deaf and hard of hearing students in Pre K-12 public schools. Any person working in the role of an interpreter must be qualified to do so. The law defines qualified as someone holding either an EIPA score of 3.5+ or a current certification recognized by the Registry of Interpreters for the Deaf.
Educational interpreters employed by an Idaho public school must document a minimum of 80 continuing education hours every 5 years. This law is applicable only to interpreters working with students in public Pre K-12 school and school related settings. Interpreters working with children in non-education settings or adults in any setting are subject to IC § 54-29.
Resources:
- Idaho Legislature/Qualification of Educational Interpreter
- Idaho Training Clearing House Q and A
- Link to the interpreting in Idaho page
HB 314: D/HH Terminology in Idaho Laws
House Bill 314 removes archaic terms “hearing-impaired”, “hearing-impairment” from circulation throughout Idaho Code and replace them with neutral, modern, and correct terminology: “deaf or hard of hearing” or “hearing loss”. Deaf and Hard of Hearing is an appropriate term in place of hearing-impaired. Terminology is important, as it reflects society’s attitude toward the community. All state government entities should adopt and apply the appropriate terminology on all official documents. Local government is encouraged to follow suit.
Resource: Idaho HB 314 (2020)
HCR 45: Insurance Coverage for Child Hearing Devices
House Concurrent Resolution 45 calls for insurance companies to change ruling to make medically necessary hearing devices and related services and supplies available to Idaho children not currently covered by Medicaid.
Resource: House Concurrent Resolution 45
SCR 102: ASL as a Foreign Language
Idaho public schools and public/private institutions of higher education should recognize American Sign Language (ASL) coursework for foreign language credit and encourages the State Board of Education, the State Department of Education and the Council for the Deaf and Hard of Hearing to confer, collaborate and provide information for the inclusion of American Sign Language as foreign language credit in high school. (Adopted 2-20-2007)
Resource: Idaho Senate Concurrent Resolution 102
SCR 102: Activation of Closed Captioning
Public venues should activate closed captioning on television monitors in public spaces. This is a recommendation from the state of Idaho for all public spaces to promote access, it is not enforced by any agency. (Adopted 2-24-2021)
SCR 103: Deaf/HH Child’s Bill of Rights
SCR 103 (Adopted 2-20-2007) details the unique educational needs of children who are Deaf and Hard of Hearing to be successful citizens. Some of these needs includes access to Deaf and Hard of Hearing role models, early identification and intervention, access to deaf peers, and the full and informed participation of parents/guardians. Children who are Deaf or Hard of Hearing benefit from having the public fully informed concerning medical, cultural, and linguistic issues of deafness and hearing loss. Some examples from the bill include the following:
- These children benefit from the involvement of deaf and hard-of-hearing adults in determining the extent, content, and purpose of educational programs.
- These children benefit from free and unrestricted communication with others who use the same language mode.
- Respecting the preferred communication method of these children helps them achieve the highest possible education in an appropriate environment.
The Deaf Child Bill of Rights can be used to advocate for the most appropriate educational placement and accommodations for a deaf or hard of hearing student.
Resource: Idaho Senate Concurrent Resolution 103
Founding Statutes
The Idaho Council for the Deaf and Hard of Hearing was established in 1991 to create an environment in which Idahoans of all ages, who are deaf or hard of hearing, have an equal opportunity to participate as active, responsible, productive, and independent citizens of Idaho.
This chapter shall be known and may be cited as the “Idaho State Council for the Deaf and Hard of Hearing Act”. 1991
Resource: Title 67, Chapter 73: Idaho Council for the Deaf and Hard of Hearing
Title 33, Chapter 34: Idaho Bureau of Educational Services for the Deaf and Blind
The Idaho School for the Deaf and the Blind (ISDB) was established in 1906 under the general direction of the State Board of Education. In 2009 the school was renamed, Idaho Bureau of Educational Services for the Deaf and the Blind (IESDB) and re-established as an independent government entity under Section 33-3401 of Idaho Code with the purpose of providing supplemental educational services, early invention/education, consultation, and transition support to families and local school districts throughout the state of Idaho.
IESDB may operate a school for the deaf and the blind at which it shall provide residential and day campus programs. IESDB may also operate an outreach program intended to provide services to students outside the campus area, as well as early intervention and family consultation.
Resources:
Frequently Asked Questions
How does the ADA apply to my organization?
How can I file a discrimination complaint?
You can file an ADA Complaint with the U.S. Department of Justice alleging disability discrimination against a State or local government or a public accommodation (including, for example, a restaurant, doctor’s office, retail store, hotel, etc.) online, by mail, or fax.
I suspected that I am being discriminated in my workplace. Who should I contact to file a complaint?
You can file a complaint with the U.S. Equal Opportunities Commission if you believe you have been discriminated against by an employer, labor union, or employment agency when applying for a job or while on the job because of your deafness. EEOC has a video phone system for the deaf and hard of hearing community to communicate with the agency directly. The VP number is (844) 234-5122. The VP line is open 7AM – 6PM EST.
How to File a Complaint?
For information on how and where to file a complaint, please contact our office. CDHH provides guidance and referrals to help navigate the complaint process. CDHH does not provide legal advice or file on your behalf.