Supporting Success For Children With Hearing Loss | Legal Plans https://successforkidswithhearingloss.com Helping YOU Help Kids Who are Deaf or Hard of Hearing Succeed Mon, 18 Sep 2023 11:11:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://successforkidswithhearingloss.com/wp-content/uploads/2017/08/cropped-fav-icons-32x32.png Supporting Success For Children With Hearing Loss | Legal Plans https://successforkidswithhearingloss.com 32 32 Accommodations – Lifeline to Equal Access https://successforkidswithhearingloss.com/accommodations-lifeline-to-equal-access/?utm_source=rss&utm_medium=rss&utm_campaign=accommodations-lifeline-to-equal-access Mon, 26 Oct 2020 17:32:41 +0000 https://successforkidswithhearingloss.com/?p=22960 Classroom hearing assistance technology, interpreting services and captioning are often viewed as expensive within tight school district budgets and special accommodations are often seen as a hassle. Yet without these necessary provisions students who are deaf or hard of hearing are discriminated against due to a lack of equal access to school communication. Sometimes school […]

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Classroom hearing assistance technology, interpreting services and captioning are often viewed as expensive within tight school district budgets and special accommodations are often seen as a hassle. Yet without these necessary provisions students who are deaf or hard of hearing are discriminated against due to a lack of equal access to school communication. Sometimes school teams with limited experience in the needs of students with hearing loss choose to refuse to provide necessary accommodations, take a ‘wait and see’ attitude, or downplay their importance if any difficulties arise in their consistent use. DHH professionals and families of children with hearing loss must be prepared to respond.

The primary difference between students with hearing loss and their typically hearing peers is that they do not access verbal communication as fully as others. Accommodations are truly the lifeline to our students being able to achieve and progress as effectively as peers.

Accommodations are sometimes seen as ‘being taken care of’ by making a quick statement on the IEP or perhaps checking off some boxes. Since the learning issues caused by hearing loss are due to decreased access to verbal information, accommodations – including appropriate auxiliary aids and services – are intended to ‘level the playing field.’ Accommodations need to be considered carefully, discussed thoroughly, implemented consistently and then monitored to ensure that they are indeed, providing equal access to classroom communication.


Regardless if the child is on a 504 plan or an IEP, an FM/DM/HAT system would be considered “Assistive Technology” in order to access the curriculum and receive a Free and Appropriate Public Education (FAPE)

Unless appropriate and effective accommodations are provided, the student with hearing loss will be discriminated against in the classroom as they are expected to perform as well as other students without being provided the same information. Of course discrimination is a harsh word and educators do not intentionally discriminate against any student. In the US, the Americans with Disabilities Act requires schools to ensure that communication for students with hearing loss is as effective as communication for others. Accommodations, specifically auxiliary aids and services must be provided to afford these students an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others.  Whenever accommodations are not provided, not used consistently, or not effective the student does not have an equal opportunity to achieve as their peers.

How well a student is able to perceive speech in a classroom will impact educational performance. Students who are deaf or hard of hearing are at high risk for delayed vocabulary acquisition, vocabularies of smaller size and sophistication, struggling with the English verb system, lack of access to morphological information. This overall may appear insignificant (low average performance per normed assessment) but it can significantly affect academic achievement.

Auditory Learner Access Needs

A Functional Listening Evaluation conducted on (DATE) indicated that XXX is a student with an educationally significant hearing loss, which limits access to the curriculum. XXX’s hearing aids do not restore normal hearing and thereby do not provide sufficient access to classroom content. XXX’s comprehension is also significantly challenged in the presence of background noise at levels typical of a classroom. Hearing Assistive Technology (§300.5 under IDEA), recommended by an educational audiologist (a related service provider under IDEA; §300.34) is required in order for this student to access curriculum and to receive a free and appropriate public education (FAPE). Specifically, the following Hearing Assistive Technology is recommended to supplement her hearing aids: …. *

Students who are hard of hearing do not have normal hearing restored by hearing aids or cochlear implants. Under typical classroom listening conditions they will ALWAYS have to put forth more effort, to ultimately perceive fragmented communication. With more effort put toward listening, there are fewer cognitive resources available for the student to recognize all of the words, comprehend them and integrate them into their knowledge base. This is why a student with hearing loss typically requires information to be repeated 3 times when a typically hearing student would need to have it presented only once. While a student may ‘communicate normally’ in a 1:1 conversation across a small table in a quiet room (3 feet), that ability is not predictive of how accurately the student will be able to listen at a distance (class discussion) and in the presence of typical levels of classroom noise. Similarly, hearing thresholds on an audiogram are also not predictive of speech perception as only 39% of the ability to understand speech in noise can be predicted from hearing thresholds. Hearing assistance technology (HAT), specifically personal FM/DM systems, are the ONLY means to optimize the auditory signal a student receives.
(*Based on information from Kym Meyer, Educational Audiologist)

Visual Learner Access Needs

The academic information received by visual communicators is totally reliant upon the skills of their sign language interpreter or cued speech transliterator. A 2005 study evaluated 2100 educational interpreters in the US using the Educational Interpreters Performance Assessment. The results found that about 60% of the interpreters evaluated had inadequate skills to provide full access. The study suggested that many students receive interpreter services that seriously hinder reasonable access to class curriculum and social interaction. A 2009 study focused on the accuracy of translation as measured by number of key science words included in a CART transcript or in videos of sign interpretation. “Best” interpreters /CART providers were selected who knew the study was about accuracy were selected. Participants transcribed or signed three science videos by NASA. The accuracy interpreters for the three videos was 81%, 80.1%, 62.7%. The accuracy of the CART providers was 98.5%, 96.9%, 97.2% resulting in an average accuracy of 75% for interpreters and 97% for CART transcription.  The bottom line is that sufficient “through the air” access to verbal instruction and classroom communication cannot be assumed because an interpreter or CART is provided in the classroom.

Suggestions for Determining Appropriate Accommodations

  • Make the case. Impress upon the student’s classroom teacher and school team that accommodations are truly the student’s lifeline to equal communication access, and therefore the opportunity to obtain the same achievement as class peers. Obtain data to estimate the students’ level of access.
  • Be consistent in your approach to recommending FM/DM/HAT hearing assistance technology. The physics of sound is immutable. To receive optimized access to verbal communication in school, students who are auditory learners need to use HAT starting with school entry and continuing as long as the student is willing to comply. Even if a teacher is loud, animated and does not move around the classroom much, the student with hearing loss will still not be receiving optimal auditory input without the use of HAT.
  • Emphasize that one size does not fit all. While IDEA does not require ‘optimal’, the ADA requires equal access. This is a case where the ‘bar’ for ADA is higher than it is for IDEA. Even with HAT providing optimal auditory input, a student with hearing loss will not have normal hearing restored. Per a court case: “ADA requirements regarding students who are deaf or hard-of-hearing are different than those imposed by the IDEA.” Additional accommodations are necessary to close this gap. Because IDEA and ADA requirements are not identical, there may be some situations in which a child has accommodations as part of an IEP and also requires a 504 Plan to address the auxiliary aids and services needs per ADA.
  • Grades do not matter when it comes to accommodation needs. Children who are hard of hearing or deaf WILL need accommodations. How well or how poorly they perform in the classroom is not a determinant for whether accommodations should be provided. Some students put in many more hours of homework than their peers, often sacrificing social opportunities, to earn and maintain high academic achievement. The necessity to expend these extraordinary efforts can be a sign that discrimination is occurring. The case study provided by the ADA as part of the Frequently Asked Questions described a high achieving secondary student who had an FM system but also needed CART services so that he had full access to class discussions. If a student is not found to be eligible for an IEP, then this reflects the school team’s belief that the student will be able to experience one year’s growth in one year’s time without special support. 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.” Thus, accommodations will ALWAYS be necessary, whether via an IEP, 504 Plan or both.

    Response to
    : “He seems to be doing okay academically; I don’t think we need to get him an FM/DM system.”  If a student in a wheelchair was assigned to a classroom with a narrow door would it be okay to have the student participate by sitting out in the hallway? In other words, would it be okay for him to not have to be included in a class with a door wide enough for the wheel chair because the student’s academic performance was not a concern?  Ignoring auditory inclusion needs is the same issue.
  • Consider communication needs situation-by-situation. This not only makes sense, it is another requirement of ADA. A form has been provided below to assist teams in these discussions.
  • There is no ‘set list’ for appropriate accommodations. An Accessibility Considerations handout lists examples of auxiliary aids and services. This can be used as a starting place for discussion but should not be seen as limiting accommodation choices. Auxiliary services can include teacher inservice and progress monitoring by a specialist in DHH. The federal Every Student Succeeds Act encourages specialized instructional support providers to support literacy and collaborate with classroom teachers, thus allowing special educators to work with classroom teachers on behalf of regular education students.
  • It is the school’s responsibility to ensure that the provided accommodations are effectively providing equal access to classroom communication. For students who are grade 3 and above it is suggested that they complete the Listening Inventory For Education – Revised (LIFE-R) Student Appraisal (Teacher Tools Takeout 0099, 0052, 0100) at the beginning of the year and review the results at the end of the first quarter to discuss if, with the accommodations, the student feels as though access has improved. Routine classroom observations and performance monitoring can also be helpful to determine the effectiveness of the accommodations being provided.

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Assessment of Online ACCESS https://successforkidswithhearingloss.com/assessment-of-online-access/?utm_source=rss&utm_medium=rss&utm_campaign=assessment-of-online-access Mon, 11 May 2020 21:30:10 +0000 https://successforkidswithhearingloss.com/?p=20910 The world of education has shifted sharply once we began our societal response to the COVID-19 pandemic. Yet, we remain responsible for offering an equal educational opportunity to students with hearing loss. To do so we must identify and address access issues in online learning situations. Some current issues for our students who are DHH […]

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The world of education has shifted sharply once we began our societal response to the COVID-19 pandemic. Yet, we remain responsible for offering an equal educational opportunity to students with hearing loss. To do so we must identify and address access issues in online learning situations. Some current issues for our students who are DHH are:

  • Concerns about equal access in distance learning
  • Teaching practices to enhance or limit access
  • Ways to gather information that shows a student’s level of access

Equal access was already a challenge! The Title II ADA requirement that schools are required to ensure that communication for students who are deaf and hard of hearing are as effective as communication for others [ADA Title II 28 C.F.R. 35.160 (a)(1)] was already a tall order for students who are hard of hearing since it is a fact that no hearing devices in current existence restore normal hearing ability. Even in a classroom setting the provision of hearing assistance technology, interpreter services, and captioning still are often not sufficient to close the access gap.

Encouragement is not the same as effective solutions. A 3/21/20 Supplemental Fact Sheet1 from the US Department of Education clarified that special education and related services can be provided through distance instruction and that many disability-related modifications and services, like captioning and sign language interpreting, may be effectively provided online. The Fact Sheet encouraged parents and educators to collaborate creatively to use high-and low-tech strategies to meet the needs of students with disabilities. This encouragement resulted in a steep learning curve by all teachers, and especially those who work with students who have access issues due to hearing or vision limitations.

All instruction must be fully accessible to students who are deaf and hard of hearing.

Access Concerns:

  1. a. When teachers provide online instruction during which only a PowerPoint presentation or documents are visible, the student is not able to speechread. Once we go back to meeting face-to-face in schools it is likely that many school staff will wear masks. How much is the student’s access impacted without speechreading?
  1. b. When teachers instruct over an internet streaming service without using a microphone (standard mic that plugs-in to the computer or FM/DM microphone) the speech signal is degraded and adds to comprehension issues. How much is the student’s access to distance learning is impacted without the use of a microphone?

For students with hearing loss to experience equal access, we need to identify barriers first.

Perform a modified Functional Listening Evaluation procedure in an online teaching situation

We know that students with typical hearing respond with 90+% accuracy when listening in noise, even when the noise level is equal to the speech presentation level. It is reasonable to assume that the degradation in sound that occurs when a teacher’s voice is presented over an internet streaming service (like Zoom) will not significantly decrease the speech perception and auditory comprehension ability of students with typical hearing.

For equal access students with hearing loss should be able to perform with at least 90% accuracy during online learning presentations. Ideally, you will have performed the FLE under classroom conditions and have the percent scores under different listening conditions that can be compared to the following.

Suggestions on how to perform this functional check of listening accuracy during online learning:

  1. a. Download and print out the Common Children’s Phrases.
  1. b. Prepare to present Children’s Nonsense Phrases within the Common Children’s Phrases There are 8 lists of 20 items. You can place a + or o next to each sentence to record responses.
  1. c. LIST 1: Use a microphone plugged into your computer as you present and encourage the student to watch your face. Even a standard SmartPhone headset will work with most media devices to improve speech signal clarity. This simulates the best listening condition.
  1. d. LIST 2: Turn off your webcam or do not allow the student to watch your face. Continue to use your microphone. This simulates listening when the teacher is presenting a PowerPoint presentation while livestreaming and her face is not visible.
  1. e. LIST 3: Unplug your microphone and present the list of words in the speechreading condition. These results will indicate how important it is for the student to have the teacher always use a microphone during online learning.
  1. f. LIST 4: Present the nonsense phrases without using the microphone or allowing speechreading. Too many students are currently expected to learn in this situation. With the data you’ve now obtained you can demonstrate the level of barrier to understanding posed by not using a microphone and/or not allowing speechreading.
  1. g. LIST 5 and 6: If you have a mask with a transparent inset available, repeat the conditions with and without using the microphone. This will provide you with some data as to just how important it is for a teacher to use a transparent mask once we return to school, and the potential barrier posed to having the teacher’s face viewed in this manner.

 

Check comprehension of what the student can hear (or see)

Schools have not been excused from conducting assessment or gathering progress monitoring data. Norm-referenced tests have strict administration protocols. That said, modifications can be made as long as they are referenced in the test report with the caveat that use of the norms may not be as accurate as if the original administration protocol was used.

For the purposes of students who are deaf or hard of hearing we really want to know how students perform on auditory (or sign interpreted) comprehension tasks relative to their typical class peers. Results will reflect (1) the degree to which hearing loss is posing as a barrier to comprehension along with (2) the impact of any language issues the student may experience. This is true whether the student is face-to-face in a quiet room, or in an online learning situation.

 

Suggestions for performing assessment of comprehension of spoken information

  1. a. Gather comprehension data using the Oral Passage Understanding Scale (OPUS) for grades K-12. This test only takes 10-15 minutes to complete. It identifies how well a person can integrate and apply knowledge of use of words and word combinations, grammar and inferential meaning.
  1. b. Gather comprehension data using the Listening Comprehension Test 2 for grades 1-6 or the Listening Comprehension Test Adolescent for grades 7-12. This test assesses comprehension of main idea, listening for details, vocabulary, reasoning and understanding messages. It takes about 30 minutes to administer.
  1. c. Conduct an Informal Evaluation of Auditory Comprehension of Information with and without Accommodations. This functional assessment procedure refers to how to conduct comparison testing in a typical classroom environment (or simulated classroom noise vs. quiet). Adapt the procedure to online learning by reading a story and answering comprehension questions with and without a microphone, with and without speechreading, speechreading through a mask, with and without captioning, etc.
  1. d. For hard of hearing students DO NOT ALLOW SPEECHREADING as this is an inconsistent listening condition.
  1. e. If a HAT (FM/DM system) is typically used with the student be sure to use it while performing comprehension assessments.
  1. f. If captioning is typically used during instruction it can be used while performing the assessments.
  1. g. For students who are Deaf and use an interpreter, if at all possible have what you say when administering the test be presented by the interpreter the student uses in the classroom setting. Allow the student to view your face and the interpreter so the student’s ‘triangle of communication’ is as typical as possible.

LIST OF RECOMMENDED ASSESSMENTS: The list includes recommendations for both functional and formal assessments for ages 3-5 years and school-age students. In evaluations, it is appropriate to look closely at social/emotional, self-advocacy, and the possibly subtle phonological/morphological awareness and ‘Swiss cheese’ language skills that impact comprehension and reading fluency.

Read more information on tailoring assessment procedures to the needs of students with hearing loss.

 

 

References:

  1. 1. March 21, 2020 Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary, and Secondary Schools While Serving Children with Disabilities
  2. 2. The Effect of IQ on spoken language and speech perception development in children with impaired hearing. Cochlear Implants International, (11)1, June, 370-74.

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“Special Considerations” and LRE for Students who are DHH https://successforkidswithhearingloss.com/special-considerations-and-lre-for-students-who-are-dhh/?utm_source=rss&utm_medium=rss&utm_campaign=special-considerations-and-lre-for-students-who-are-dhh Mon, 07 Jan 2019 18:23:31 +0000 https://successforkidswithhearingloss.com/?p=14076 While the educational prognosis for students with hearing loss has never been as promising as it is now, we continue to have students who are deaf or hard of hearing who have not been identified, or who have not received intervention, prior to school entry. We have all encountered students with two or more years […]

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While the educational prognosis for students with hearing loss has never been as promising as it is now, we continue to have students who are deaf or hard of hearing who have not been identified, or who have not received intervention, prior to school entry. We have all encountered students with two or more years of language delay at kindergarten age. The “Special Considerations” clause and other portions of the IDEA law provide requirements for how school teams should plan the least restrictive environment (LRE) to support effective educational programs for all students who are deaf or hard of hearing.

Lost intervention opportunities: Over 25% of infants who failed newborn hearing screening had no documented diagnosis of hearing ability. Although many students with hearing loss receive early identification followed by early intervention, almost 20% of those who were diagnosed with a hearing loss following newborn hearing screening did not receive early intervention.

Some children receive cochlear implants as infants or toddlers without the necessary intensive intervention to develop age-appropriate oral language. Other families choose to use sign language without the needed instruction in ASL or connections with the Deaf community to develop fluency, even to meet the vocabulary growth needs of a young child. Still other families ‘want it all’ but are not provided intensive support by skilled interventionists to be able to provide both a rich auditory and visual communication environment.

Such missed opportunities for early development can result in a scenario like the following:

“We have a student entering kindergarten who received cochlear implants at ages 2 and 3. His oral language development is 2 years delayed. Because he is so delayed, the school team is suggesting we put an interpreter with him in a regular kindergarten class. The family knows a few signs but they want him to listen and speak. How do we figure out the most appropriate program for him?”

Note:

The recent Optimizing Outcomes for Students who are Deaf or Hard of Hearing Educational Service Guidelines (NASDSE, September 20181) and the still relevant policy guidance on Deaf Students Education Services (US Department of Education, 19922) are both valuable resources in helping to answer this question.

Full-Inclusion as a Driver: With the push toward full inclusion in the classroom, including limiting pull-out for specialized instruction, school teams may seek to provide an interpreter in the situation above as a way to address communication needs in the inclusive environment. However, for the varying communication needs of students with hearing loss, an interpreter may be an inappropriate solution, or only a part of a solution, to meet these communication needs. As made clear from the following paragraph2, school teams must thoroughly understand a student’s communication needs, how to provide the least restrictive educational environment and the appropriately intensive specialized instruction in light of those communication needs.

Meeting the unique communication and related needs of a student who is deaf is a fundamental part of providing a free appropriate public education (FAPE) to the child. Any setting which does not meet the communication and related needs of a child who is deaf, and therefore does not allow for the provision of FAPE, cannot be considered the LRE for that child. A full range of alternative placements as described at 34 CFR 300.551(a) and (b)(1) of the IDEA regulations must be available to the extent necessary to implement each child’s IEP. There are cases when the nature of the disability and the individual child’s needs dictate a specialized setting that provides structured curriculum or special methods of teaching. Just as placement in the regular educational setting is required when it is appropriate for the unique needs of a child who is deaf, so is removal from the regular educational setting required when the child’s needs cannot be met in that setting with the use of supplementary aids and services.” 2

To consider these language and communication special factors, the IEP team should ask1:

  • What is the child’s primary language and mode of communication?
  • What communicative needs and opportunities does the child have? Can he comprehend what is said in school?
  • Does the child have the skills and strategies necessary to meet those communicative needs and take advantage of communication opportunities? (social, self-advocacy)
  • Can the child fulfill his or her need to communicate in different settings? (listening in noise, social situations)
  • Does the child communicate appropriately and effectively, and if not, why not? (full participant in class?)

Strategies to Obtain Information About Communication Needs

Considerations for the school team to answer what communication services are appropriate include:

    1. 1. What is his most effective communication mode of communication? The PARC checklists should help to tease this out (PARC Instructional Communication Access Checklist, followed by the appropriate grade level readiness checklist).
    1. 2. What is his degree of delay compared to the language level of typical peers? An extensive language assessment must be performed, including listening comprehension. If providing an interpreter is being discussed, then assessment needs to be performed to determine his development level with both languages. Assessments that provide age expectations for learning ASL can be found in this document.
    1. 3. Is there reason to believe that there is a cognitive component that is further impairing language growth (nonverbal IQ measure by someone skilled in DHH cognitive assessment)? When provided appropriately intensive services focused on oral language development was rapid progress made? Given intensive ASL instruction, not just interpreter services, does he pick up language at a rapid rate?
    1. 4. What intensity of services are required for him to learn language at a pace of more than one month of development for one month of time? The school team can complete this matrix that assists teams in teasing out student communication, skill level, impact of hearing loss on education and resulting service intensity needs. This is a situation where it is highly likely that a full-day inclusive classroom setting is the most restrictive placement for a student to receive FAPE.
    1. 5. What service providers are need for him to develop language quickly? A teacher of the deaf/hard of hearing and/or speech clinician with extensive training in oral education of students with hearing loss is likely necessary to reach the eventual goal of age-appropriate language.

 

 

Targeted assessment data is necessary to determine appropriate placement and IEPs goals. Appropriately educating most students with hearing loss requires specialized knowledge, appropriate intensity of DHH  services, accessibility accommodations for effective classroom communication, and contact with DHH peers.

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Evaluation Considerations – Low Average ≠ ‘Okay’ https://successforkidswithhearingloss.com/evaluation-considerations-low-average-%e2%89%a0-okay/?utm_source=rss&utm_medium=rss&utm_campaign=evaluation-considerations-low-average-%25e2%2589%25a0-okay Tue, 08 May 2018 09:00:48 +0000 https://successforkidswithhearingloss.com/?p=10882 The abilities of children with hearing loss, whether they are exiting from early intervention or are already school-aged, are typically evaluated to identify overall delays or learning disorders. Since children with hearing loss have access issues learning language due to barriers caused by the hearing loss, they often score ‘low-average’ on norm-referenced language tests. Rather […]

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The abilities of children with hearing loss, whether they are exiting from early intervention or are already school-aged, are typically evaluated to identify overall delays or learning disorders. Since children with hearing loss have access issues learning language due to barriers caused by the hearing loss, they often score ‘low-average’ on norm-referenced language tests. Rather than having overall delays, the access issues caused by hearing loss often result in ‘spotty skills’ or learning gaps that are not identified by typically used evaluation instruments. Because these needs are not identified by typical measures, our students are often denied eligibility for specialized instruction and supports. The specialist in education of students with hearing loss needs to be a member of the evaluation team to help tailor the assessment process to identify the unique needs of these children.

Research has consistently revealed that a ‘good’ result of early intervention for children with hearing loss is a standard score of -1 SD to -1.5 SD on norm-referenced language tests (standard score 78-88 range). All too often teachers of the deaf/hard of hearing have sat in meetings where the evaluation team has described these results as ‘normal’ and ‘he will be okay.’ After all, special education is not preventative, it is for children who have identifiable disabilities. ‘Low-normal’ does not equal a disability. Yet professionals who work with these students realize that there ARE language issues, including ‘Swiss cheese language’ which influences comprehension, delays in syntax learning, and in early literacy skills.

Using Norm-Referenced Tests to Determine Eligibility

The purpose of the testing is to identify an educational disability or adverse educational effect on educational performance. For children with hearing loss, assessment needs to be sufficient in scope and intensity to identify gaps in auditory (or sign language development), language, narrative discourse, academic, literacy, and social language skills. Information needs to be collected that reflects the student’s ability to function in situations similar to the school setting, including typical use of amplification.

Norm-referenced tests typically have various subtests, each of which assesses one type of ability area. These subtest scores are rolled together into an overall or total score for the norm-referenced test. It is often claimed that only the overall score from the norm-referenced test can be used to determine eligibility. This is frustrating to persons who work with students with hearing loss as there are often one or more subtests that show areas of need, but the overall score average is within the acceptable range.  Section 300.304(b)(2) of IDEA states that a single measure or assessment cannot be used as a sole criterion for eligibility. So yes, a single subtest score cannot be used to determine a child as eligible. This is misleading. If the area of need identified by the low performing subtest(s) was also demonstrated by other norm-referenced and/or functional measures, then the child’s area of need would have been demonstrated with more than one measure. If there is a substantial need identified, go the extra step to verify it. This can make the difference between eligibility for supports and services or no specialized help for the child. For more discussion on using subtest results to determine the need for further testing, read here.

Another aspect of norm-referenced testing is that the measures are designed to identify areas of delay or disorder. To use an analogy, we can compare the knowledge and skills learned each year to a row of 12 bricks to build a wall. Every year there would be a row built up, starting from infancy. Think of each brick as collectively representing vocabulary and concepts learned during one month of exposure. Consider our students who did not consistently use amplification, or were not consistently exposed to fluent sign, during early childhood and how that would impact their ‘row of bricks development’ as compared to typically developing hearing peers. Norm-referenced tests, specifically the overall scores, consider development as ‘How high is the wall?’ as compared to typical learners. Children who have cognitive delays or learning disorders would have shorter walls. Children with hearing loss are typically found to have walls almost as high as their age peers (low average) but what is NOT identified is the gaps in learning that are typical of children with hearing loss due to communication access limitations that vary over time.

To combat this, the person specializing in the education of children with hearing loss needs to be part of the evaluation team (IDEA Section 300.321(4)(i)(5)). We need to press for evaluation in the areas that we know are at highest risk for issues due to the impact of hearing loss. In looking at the list below, it is clear that the test battery typically used by the school team to evaluate children suspected of learning disorders will not capture the most likely areas of need for students with hearing loss. Moreover, we need to work with the team to discuss evaluation measures that can provide the norm-referenced results of the specific skills needed to tailor the assessment to specific areas of educational need, as required by IDEA (Section 300.304(c)(2)). Refer to Steps to Assessment for information on specific measures.

Areas of learning most likely to be impacted by hearing loss:

  • Understanding group discussions or participating in small group work due to distance/noise in class and socially
  • Vocabulary:  Gaps due to decreased ability to overhear incidental language (‘Swiss cheese language’)
  • Syntax: Incomplete understanding of rules (i.e., cannot hear /s/ or /ed/; do not understand plurals, possessives, past tense)
  • Working Memory: ability to retain fragmented parts of words heard and new spoken/signed vocabulary
  • Listening skills:  Can be challenges with simple discrimination of sounds, phrases or comprehension of conversation or verbal instruction in class (they may hear but not process the full meaning)
  • Attention: Periodic inattention due to listening fatigue and gaps in understanding; ‘tuning out’ when it is challenging
  • Early reading: Phonology/phonemic awareness issues related to not distinctly hearing speech sounds
  • Language processing: due to fragmented hearing, vocabulary gaps, syntax and morphology gaps, slower listening rate, reduced understanding words in context
  • Viewing information from different perspectives, understanding emotions of others, critical thinking
  • Social language: Socially awkward, delays in pragmatic language, nonverbal social cues, and appropriate peer interactions
  • Passive or immature skills in responding when they do not understand what was said; lack of self-advocacy

Influence of CONSISTENT use of hearing devices on language outcomes: Consider our students who did not consistently use amplification, or were not consistently exposed to fluent sign, during early childhood and how that would impact their ‘row of bricks development’ as compared to typically developing hearing peers. Children with more consistent DAILY hearing aid use have better language and auditory outcomes than children with less consistent use, averaging 2/3 of 1 standard deviation difference2. This is especially true for children with hearing loss of 41-70 dB. If children with hearing loss already perform in the low average range for language, an additional 2/3 of 1SD delay can make a lifelong difference in school outcomes. Consistent hearing use is a big key to protecting against language delay and catching up or keeping up with language/learning.

A Predictable Downslide in School Performance: With exposure to a dynamic language environment in a structured classroom setting, many typically hearing children who have low-average language ability can begin to catch up to their more average peers. This assumption cannot be applied to children with hearing loss. A dynamic classroom language environment typically provides less access to communication than what the child experienced in early childhood. It is typical for our students to have their learning trajectory decrease once they enter school, meaning their rate of learning actually declines due to increased issues clearly accessing communication. If a child was not made eligible for specialized instruction, be sure that a 504 Plan is developed and include periodic monitoring by a DHH specialist as part of the necessary auxiliary aids and services (education in regular classes with supplementary services, read FAQ 4).

An evaluation team has the responsibility to appropriate assess students to identify areas of need that will interfere with educational performance. To this end, IDEA Section 300.304 requires that teams gather relevant functional, developmental, and academic information about the child. Academic information is only one part of educational performance. This is especially important for students with hearing loss who often have functional performance issues related to decreased access, such as challenges following directions, participating in group work, listening comprehension, and fatigue. These are all relevant functional performance issues that must be considered when evaluating a student’s need for specialized instruction and support.

References

1. Spencer, P., & Marschark, M. (2010). Evidence-Based Practice in Educating Deaf and Hard-of-Hearing Students. “Children who are identified early and receive early intervention have been found to demonstrate language development in the “low average” level compared to hearing children.” (pg 42) Read more about book.

2. McCreery R. W., Walker E. A., Spratford M., et al. (2015). Longitudinal predictors of aided speech audibility in infants and children. Ear Hear. 36:24S–37S Go to article.

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Progress Monitoring – Gains Equal to Peers? https://successforkidswithhearingloss.com/progress-monitoring-gains-equal-to-peers/?utm_source=rss&utm_medium=rss&utm_campaign=progress-monitoring-gains-equal-to-peers Sun, 04 Mar 2018 09:00:53 +0000 https://successforkidswithhearingloss.com/?p=9865 Hearing loss is a barrier that limits access to ongoing communication in the environment. For students who are hard of hearing this means that they do not perceive 90% or more of speech, especially if it occurs beyond the 3-6 foot range. Decreased speech perception translates into decreased comprehension, especially of novel words and new […]

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Hearing loss is a barrier that limits access to ongoing communication in the environment. For students who are hard of hearing this means that they do not perceive 90% or more of speech, especially if it occurs beyond the 3-6 foot range. Decreased speech perception translates into decreased comprehension, especially of novel words and new information. For students who are deaf and visual communicators, most only receive communication from their classroom interpreter with little meaningful conversation or information exchange directly with peers. Progress through the curriculum at the same rate as class peers with typical hearing assumes that the student has received the same information as those peers. It’s all about access!

We need to not only strive to close language and learning gaps, we need to simultaneously support our students in keeping up with the day-to-day learning in the classroom. We MUST monitor progress to know if full access is truly occurring and to ensure that our students are keeping pace with classroom expectations. Without appropriate support, the trajectory of educational performance shown above is all too likely. Students who are deaf or hard of hearing with no other learning issues – with full access to school communication – CAN progress at the expected rate IF they are receiving the appropriate intensity of focused support.

Monitor and Compare – Progress from Year-to-Year

Review your student files semi-annually for young children and annually for school-age students. Specifically, look at norm-referenced test results, like the high-stakes tests or language evaluations. Have the student’s percentile scores stayed constant? With your focused intervention and appropriate supports, has the student’s percentile scores improved? Or, like the figure above depicts, has the student experienced inappropriate access issues and insufficient supports causing a decrease in performance over time.

For example, consider a student who scored in overall reading in grade 2 at the 48th percentile, at the 38th percentile in grade 3, and at the 30th percentile in grade 5. The student still continues to fall within 1 standard deviation from the mean, or within the ‘average’ range. However, a drop of 18 percentile points over 3 years certainly raises the question about adequate yearly progress and if the access accommodations and services have truly ‘leveled the playing field’ for the student with hearing loss. The school team may not be concerned because the student still scores ‘average’ but to a professional with a background in the impact of hearing loss on learning, this trend should demand that more focused and appropriate supports/access accommodations be provided.

Infants and Toddlers

An integral part of early intervention services includes monitoring the growth in skill development for young children with hearing loss. If a child was identified at birth and received amplification/intervention within a couple of months, then the goal is one month of development per one month of age. If the hearing loss was identified and amplification/intervention not provided until 3 months or later, then the goal is more than one month of growth per one month of age. If a child with a delay only gains 6 months of development in a 6-month period then he or she will never catch up to age peers by school entry.

The following are resources that can be used by interventionists/parents to track skill growth over time.

• Communication Development Monitoring – checklists for parents of children ages 8-36 months to complete every 6 months to track expressive vocabulary growth as compared to typically developing peers. Checklists can hang on refrigerator as a reminder to families about words appropriate for them to include in daily conversations. It will also be handy to mark when a word has been learned. Graphs for boys and girls show growth via percentile ranks. Scoring examples are also posted to assist in identifying the growth in months for every 6-month period.

Auditory Skills Checklist 1   Auditory Skills Checklist 2– Approximately 85% of children with hearing loss have hearing loss of 70 dB or better. Of the approximately 15% who have 71-110+ dB hearing loss, about half receive cochlear implants. Finally, based on one state’s 2013 data (NC), of the families who chose a communication option, 92% chose spoken language for their children. Only 2% chose ASL and 6% chose simultaneous communication. Fewer than 1% chose Cued Speech. Based on this, it is clear that for the vast majority of children, growth in auditory skill development is very, very important to their future success and should be diligently tracked from infancy.

• ASL Development for those families and children who use sign language, skill development should also be monitored. Information on this webpage includes an extensive developmental checklist for ASL skills. Once a child is in kindergarten the ASL Content Standards below should be used as a guide to development.

• Pragmatics Checklist – as children transition from early intervention it is critical to determine language performance in all areas. Pragmatics is often overlooked. Pragmatics, or social communication, will not develop at a typical rate, or in the same way for children with hearing loss unless addressed. It is typical for a 7-year-old with hearing loss to have the pragmatics skills of a 3-year-old!

• Hearing aid use and independence is a concern, even for our youngest children with hearing loss. Families need to develop confidence in monitoring hearing devices and supporting full time use. Strategies for Keeping Hearing Aids On and Achieving Effective Hearing Aid Use in Early Childhood are resources to assist in these goals.

School Age

NEW!  ASL Content Standards – K – 12. Developed by Gallaudet, these comprehensive standards are truly impressive! They were developed to ensure that deaf and hard of hearing children acquire and learn ASL in much the same way that hearing children in the US acquire and learn English.  Whichever communication modality is used by a student, he or she must have the prerequisite skills to adequately communicate both receptively and expressively.  Most families at this point prefer that their child learn to listen and speak. This preference does not always result in a child who has school entry skills. Whether the family has chosen to use sign from birth, or it is the modality deemed to be most effective for learning by a school team due to child’s lack of progress learning to listen and speak – a student must progress through learning ASL in a developmental sequence to prepare them to make academic gains at least at the rate of their class peers. The ASL Content Standards for K-12 grade students is a huge step forward in determining instruction needed and progress monitoring of ASL knowledge and use.

CURRICULUM BASED MEASURES: There is a need for functional assessments to monitor students’ academic performance. Curriculum based measures provide a specific approach to measuring student learning that includes repeated measurement (weekly, monthly) across extended periods of time using general outcome indicators that are sensitive in the rate of change demonstrated in the performance of a task of the same difficulty. While curriculum-based measures (CBM) have been commonly used in public education, it is appropriate to consider CBM use for students who are deaf/hard of hearing specifically. Developed as part of a grant from the U.S. Office of Special Education Programs, the University of Minnesota has developed extensive progress CBM materials designed specifically for teachers of the deaf/hard of hearing to monitor students who have hearing loss and/or language differences.

Go to the Education Resources for Teachers of Deaf/Hard of Hearing Students resource page for extensive training resources for teachers and specific means to monitor student progress. This truly is an amazing resource and would be great for professional learning collaboratives or self-study. The measures take only a few minutes each week!

MAZE ASSESSMENT: Monitoring performance via the MAZE assessment is a common form of curriculum-based measurement. Maze presents sentences or short stories with every 7th word missing. The student must select which of 3 words best fits the missing word in the sentence. Clearly, as can be seen in the bar graph, even our students with hearing loss who do not have IEP services and supports are not performing like their age peers. Learn more about creating MAZE reading passages here.

Monitoring Progress of Expanded Core Skills

Expanded core curriculum refers to those skills that students with hearing loss need to learn to be able to access the general education curriculum and fully participate. Even if a student is provided access to effective communication as required by Title II of the ADA, he or she still needs to learn the skills to independently, and confidently, navigate as a person with hearing loss in a mainstream setting. These areas will not be taught specifically and yet they must be learned if full participation in the classroom is expected.

Per the Iowa Expanded Core Curriculum guidance, hearing loss adds a dimension to learning that requires explicit teaching, such as information gained through incidental learning. It has been estimated that for persons without hearing loss, 80% of information learned is acquired incidentally. No effort is required. Any type of hearing loss interrupts this automatic path to gain information. This incidental information must be delivered directly to students who are deaf or hard of hearing. Most teachers without specialized training related to hearing loss do not have the expertise to address the unique needs of students who are deaf or hard of hearing. Therefore, IFSP & IEP team collaboration with educational audiologists and teachers of students who are deaf or hard of hearing is necessary in addressing academic and social instruction and the assessment of these areas. In order to close this information gap, the Expanded Core Curriculum for Students who are Deaf or Hard of Hearing (ECC-DHH) was developed. Texas has developed a Livebinder with extensive information about ECC and resources to support implementation.

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Access via the Americans with Disabilities Act https://successforkidswithhearingloss.com/access-via-the-americans-with-disabilities-act/?utm_source=rss&utm_medium=rss&utm_campaign=access-via-the-americans-with-disabilities-act Mon, 05 Jun 2017 15:33:13 +0000 http://successforkidswithhearingloss.com/access-via-the-americans-with-disabilities-act/ Americans with Disabilities Act – Clarification for Schools Schools are required to ensure equal communication access. Communication access is a key component of 504, IDEA and Title II of the ADA. A November 2014 policy guidance from the US Department of Education and US Department of Justice clarified that, under Title II of the ADA, schools […]

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Americans with Disabilities Act – Clarification for Schools

Schools are required to ensure equal communication access.

balance of justiceCommunication access is a key component of 504, IDEA and Title II of the ADA. A
November 2014 policy guidance from the US Department of Education and US Department of Justice clarified that, under Title II of the ADA,
schools are required to ensure that communication for students who are deaf and hard of hearing “are as effective as communication for others” [ADA Title II 28 C.F.R. 35.160 (a)(1)]
through the provision of appropriate aids and services
“affording an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others” [ADA Title II 28 C.F.R. 35.130 (b)(1)(iii)] and “
to participate in and enjoy the benefits of the district’s services, programs, and activities” (DOJ-DOE p14). These requirements apply to all school-related communications for children ages 3 through high school in public schools, including charter and magnet schools.

In other words, they are responsible for ensuring that communication access is as effective for children with hearing loss as it is for their typically hearing peers. In some instances, in order to comply with Title II, a school may have to provide the student with auxiliary aids or services that are not required under the IDEA. In other instances, the communication services provided under the IDEA will meet the requirements of both laws for an individual student.  These laws apply to children in public preschools as well. As a result of this guidance, parents have a much stronger voice in their requests for technologies for communication access. There is still an “out” for schools if they can prove undue financial hardship to a requested accommodation if they can provide the same access via a less expensive one.


  • Gavel
    Requirements for schools are the same as Section 504
  • ADA Accessibility Guidelines serve as the basis for standards issues by the Departments of Justice and Transportation to enforce the law.
  • Schools must comply with ADA requirements by providing appropriate accommodations and accessibility for all individuals with disabilities
  • Schools may implement separate or additional procedures to assess effective communication in addition to those provided under IDEA.
  • Schools must provide auxiliary aids or services in a timely manner which may be prior to the completion of the IDEA evaluation process and eligibility determination.
  • Access needs can include: FM system, note taker, interpreter, captioning, teacher repeating/summarizing comments of other students, periodic progress monitoring by DHH professional (personal devices such as hearing aids and cochlear implants are exempt)
  • Schools must honor the individual’s choice unless the school can prove that an alternative auxiliary aid or service provides communication that is as effective as that provided to students without disabilities and affords an equal opportunity to participate in and benefit from the service, program, or activity.


Court Case based on issues RE: equal access under the Americans with Disabilities Act


Million Dollar Settlement Highlights Need to Accommodate Students with Hearing Loss


Setting up FM system does not meet IDEA documentation rules

 MATERIALS TO SHARE WITH THE SCHOOL ADA COORDINATOR OR TEAM




  • DOJ Website as an additional source for:
    Public entities must not discriminate against, deny the benefits of, or exclude qualified individuals with disabilities from participation in any service, program, or activity. The aids, benefits, and services provided to persons with disabilities
    must be equal to those provided to others, and must be as effective in affording equal opportunity to obtain the same results, to gain the same benefit, or reach the same level of achievement as those provided to others.
    Look under: PUBLIC ENTITY RESPONSIBILITIES UNDER TITLE II – SERVICES, PROGRAMS AND ACTIVITIES

  • Important ADA Policy Guidance on Effective Communication
    by Cheryl DeConde Johnson, Ed.D.
    From December 2014 Educational Audiology Review, Educational Audiology Association (included with permission)
    . A summary of the issues and implications of the Title II ADA policy clarification suitable for sharing with school administrators.
  • Background information for administrators, ADA coordinators, other school staff:
    The Cascading Impact of Hearing Loss
    This handout was written with the realization that schools becoming more evidence-based and requiring data or research to back up decision-making. Basic information backed up with some research findings are presented that puts the concept of
    access into perspective for school situations. One sign that a student is working harder to access communication than his/her peers is the level of fatigue or tiredness. For specific information on
    tiredness in children with hearing loss go here.
  • Article:

    Access is the Issue Not Hearing Loss: New Policy Clarification Requires Schools to Ensure Effective Communication Access
    by Karen Anderson from ASHA
    Perspectives on Hearing and Hearing Disorders in Childhood, Volume 25, pg 24-36. Published April 2015.

Questions and Answers

This information was taken from
Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools  For complete information refer to the actual document.

Title II of the Americans with Disabilities Act (Title II)

1. Under Title II, what must public school districts do to provide effective communication to
students with hearing, vision, or speech disabilities?

Answer. Title II and its implementing regulations require public school districts to ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with students without disabilities. To do this, public schools must provide appropriate “auxiliary aids and services” where necessary to provide effective communication; that is, schools must provide appropriate auxiliary aids and services so that students with disabilities have an equal opportunity to participate in, and enjoy the benefits of, the services, programs, and activities of the public school district. Title II requires covered entities, including public schools, to give “primary consideration” to the auxiliary aid or service requested by the student with the disability when determining what is appropriate for that student.

2. What are examples of auxiliary aids and services for students with hearing, vision, and speech
disabilities?

Answer. In general, auxiliary aids and services make aurally or visually delivered information available to students with hearing, vision, or speech disabilities so that they can receive information from, and convey information to, others as effectively as students without disabilities. Auxiliary aids and services include a wide range of services, devices, technologies, and methods for providing effective communication, as well as the acquisition or modification of equipment or devices.

The Title II regulation lists examples of some, but not all, of these kinds of auxiliary aids and services.

For a person who is deaf, deaf‐blind, or hard of hearing, some examples of auxiliary aids and services are interpreters, note takers, exchange of written materials, real‐time computer‐aided transcription services (e.g., CART), assistive listening systems, accessible electronic and information technology, and open and closed captioning.

Interpreters must be qualified. This means that the interpreter must be able to interpret both receptively (having the skill needed to understand what the person with a disability is saying) and expressively (having the skill needed to convey information to the person with a disability). For example, an interpreter must be able to sign to the person who is deaf what is being said by the hearing person, and voice to the hearing person what is being signed by the person who is deaf. This communication must be conveyed effectively, accurately, and impartially, using any appropriate specialized vocabulary. Thus, a teacher or other staff member who signs “pretty well” is not a qualified interpreter. Being able to sign “pretty well” does not mean that a person can process spoken communication into proper signs; nor does it mean that he or she has the proper skills to observe the person signing and change the signed or finger‐spelled communication into spoken words.

For a person who is blind, deaf‐blind, or has low vision, some examples of auxiliary aids and services are qualified readers, taped texts, audio recordings, Braille materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP); large print materials; and accessible electronic and information technology. For a person with a speech disability, some examples of auxiliary aids or services are a word or letter board, writing materials, spelling to communicate, a qualified sign language interpreter, taped texts, a computer, a portable device that writes and/or produces speech, and telecommunications services.

In general, the services, devices, technologies and methods for providing effective communication that are “auxiliary aids and services” under Title II could also be provided under the IDEA as part of FAPE.

3. What does it mean for a public school district to give “primary consideration” to the request of the student with a disability when making the decision to provide a particular auxiliary aid or service?

Answer. The Title II regulations require that when a public school is deciding what types of auxiliary aids and services are necessary to ensure effective communication, it must give “primary consideration” to the particular auxiliary aid or service requested by the person with the disability. When determining what is appropriate for that student, the school must provide an opportunity for the person with the disability (or an appropriate family member, such as a parent or guardian) to request the aid or service the student with a disability thinks is needed to provide effective communication.

It is the person with the disability (or his or her appropriate family member) who is most familiar with his or her disability and can provide relevant information about which aids or services will be most effective. For example, if a high school student was deaf at birth or lost his or her hearing before learning language, that person may use American Sign Language (ASL) as his or her primary form of communication and may be uncomfortable or not proficient with other forms of communication. A high school student who lost his or her hearing later in life and who uses a cochlear implant may not be as familiar with sign language and may feel most comfortable and proficient with an oral interpreter or with the use of a computer or other technology. A young student who is nonverbal and is fluent in ASL but cannot read yet may not be able to use a computer with written text and may be most comfortable and proficient communicating with a sign language interpreter.

The public school must honor the choice of the student with the disability (or appropriate family member) unless the public school can prove that an alternative auxiliary aid or service provides communication that is as effective as that provided to students without disabilities. If the school district can show that the alternative auxiliary aid or service is as effective and affords the person with a disability an equal opportunity to participate in and benefit from the service, program, or activity, then the district may provide the alternative.

4. What factors should a public school district consider in determining what auxiliary aids or services are necessary to afford qualified students with disabilities an equal opportunity to participate in, and enjoy the benefits of, the public school’s services, programs, or activities?

Answer. The determination of what auxiliary aids or services will provide effective communication must be made on a case‐by‐case basis, considering the communication used by the student, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place.

When determining the appropriate method of communication, schools must make an individualized determination and cannot assume, for example, that simply because a student is deaf, the student is fluent in ASL. In addition to giving primary consideration to the particular auxiliary aid or service requested by the student with a disability, the public school should also consider, for example, the number of people involved in the communication, the expected or actual length of time of the interaction(s), and the content and context of the communication. For example, will the communication with a deaf student be fairly simple so that handwritten or typed notes would suffice; or is the information being exchanged important, somewhat complex, technical, extensive, or emotionally charged, in which case, a qualified interpreter may be necessary.

The Title II regulations’ requirements apply to all of a student’s school‐related communications, not just those with teachers or school personnel. Therefore, given the ongoing exchanges students experience with teachers, students, coaches, and school officials, any student who requires a sign language interpreter in order to receive effective communication in an academic class would likely need interpreter services throughout the day and may also need them to participate in school‐sponsored extracurricular activities.

For a deaf or hard of hearing student, a sign language interpreter or CART may be appropriate where student comments and discussions are part of the class experience for all students, i.e., to enable the student to understand comments and discussions from classmates that all students are exposed to, in addition to what is being said by the teacher, and to enable the student to express himself or herself in a manner that permits the teacher and classmates to fully understand and respond to the student.

We strongly encourage schools to reassess the effectiveness of communication regularly as a situation changes. For example, what may begin as a simple request by a student to check out a book from the school library, where an exchange of written notes would be sufficient, can evolve into a more complex communication concerning assistance in completing a research paper, where an exchange of written notes might not be sufficient to ensure effective communication.

5. What does it mean for auxiliary aids and services to be provided in “accessible formats, in a 
timely manner, and in such a way as to protect the privacy and independence” of a student 
with a disability?

Answer. The Title II regulations require that when a public school is providing auxiliary aids and services that are necessary to ensure effective communication, they must be provided in “accessible formats, in a timely manner, and in such a way as to protect the privacy and independence” of a student with a disability.30 This regulatory provision has several requirements.

  • First, the auxiliary aid or service provided must permit the person with the disability to access the information. For example, if a blind student is not able to read Braille, then provision of written material in Braille would not be accessible for that student. If homework assignments are available on‐line, then the on‐line program used by the school must be accessible to students who are blind. Similarly, for a student with limited speech who does not yet read, a computer that writes words would not be accessible for that student. Instead, a device that uses pictures to communicate words, thoughts, and
    questions may be appropriate.
  • Second, the auxiliary aid or service must be provided in a timely manner. That means that once the student has indicated a need for an auxiliary aid or service or requested a particular auxiliary aid or service, the public school district must provide it (or the alternative, as discussed above) as soon as possible. If the student is waiting for the auxiliary aid or service (as opposed to requesting and arranging for it in advance), DOJ and ED strongly advise that the public school keep that student (and parent) informed of when the auxiliary aid or service will be provided. This requirement is separate from the provision
    of special education and related services under the IDEA. For example, where the student or his or her parent(s) requests auxiliary aids and services for the student under Title II, the appropriate aids and services must be provided as soon as possible, even if the IDEA’s evaluation and IEP processes are still pending.
  • Third, the auxiliary aid or service must be provided in a way that protects the privacy and independence of the student with the disability. For example, for someone who is deaf and uses ASL, if other people in the environment understand ASL, then conversations that involve sensitive information must be conducted privately. Additionally, auxiliary aids and services must be provided in a manner that does not unnecessarily disclose the nature and extent of an individual’s disability. For example, if a student who is hard of hearing needs assistance with taking notes, a teacher should not call out for volunteers in the front of the whole class. Auxiliary aids and services also must be provided in a way that protects the independence of the student. For example, if a blind student requested an accessible electronic book (e‐book) reader to complete in‐class reading, instead of using a reading aide, the school district should provide the e‐book reader because it would allow the student to go through the material independently, at his own pace, and with the ability to revisit passages as needed.

6. What happens if the public school district thinks that providing a particular auxiliary aid or service would result in a fundamental alteration in the nature of a service, program, or activity, or an undue financial and administrative burden?

Answer. A school district must provide a particular auxiliary aid or service that is otherwise required unless the district can prove that such an auxiliary aid or service would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens.The head of the school district or his or her designee (i.e., another school official with authority to make budgetary and spending decisions) must make the determination that a particular auxiliary aid or service would result in a fundamental alteration in the nature of the service, program, or activity or in undue financial and administrative burdens after considering all resources available for use by the school district in the funding and operation of the service, program, or activity. Such a determination must be accompanied by the decision maker’s written statement of the reasons for concluding that a requested auxiliary aid or service would cause such alteration or burdens. In those circumstances, the school district has the burden of proving that providing the requested auxiliary aid or service would result in such alteration or burdens. Compliance with the effective communication requirement would, in most cases, not result in undue financial and administrative burdens. While there is nothing in the ADA that would prevent the head of the school district from delegating this authority to an appropriate member of the child’s IEP team, that designee must have authority to make budgetary and spending decisions and must have the knowledge necessary to consider all resources available to the school district for use in the funding and operation of the service, program, or activity.

In situations where the school district decides not to provide a particular aid or service and can prove that doing so would result in a fundamental alteration or undue burdens, the district must take other steps that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, the individual with a hearing, vision, or speech disability can participate in, and receive the benefits or services provided by, the school district’s program or activity. Generally, this would involve the provision of an auxiliary aid or service that would not result in a fundamental alteration or undue burden.

7. Under what circumstances is a public school required to provide auxiliary aids and services to persons with a hearing, vision, or speech disability who are not students, such as parents,
other relatives, and members of the public, who seek to participate in or benefit from a district’s services, programs, or activities?

Answer. Title II’s effective communication obligations are not limited just to students — schools are obligated to provide effective communication to all individuals who seek to participate in or benefit from a school district’s services, programs, or activities such as student registration, parent‐teacher conferences, meetings, ceremonies, performances, open houses,
and field trips. All of the same Title II requirements and considerations discussed in the context of students with hearing, vision, or speech disabilities apply to other individuals with disabilities who are covered by this requirement.

8. May a public school require an individual with a hearing, vision, or speech disability to bring 
another person to interpret or facilitate communication, or to rely on a person who 
accompanies an individual with such a disability?

Answer. The Title II regulations expressly prohibit a public school from requiring an individual with a disability to bring another person to interpret for him or her. Assuming the provision of an interpreter or other auxiliary aid or service is required, a school is prohibited from relying upon a person who accompanies a child or adult with a hearing, vision, or speech disability to interpret or facilitate communication except in two distinct circumstances. First, in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available, the school may ask either a minor child or an adult to interpret or facilitate communication. In no other circumstances may a school rely on a minor child to interpret or facilitate communication. Second, where the individual with the hearing, vision, or speech disability specifically makes the request, an accompanying adult may interpret or facilitate communication if the accompanying adult voluntarily agrees to provide the assistance and the school’s reliance on the accompanying adult is appropriate under the circumstances.

9. Can public schools charge for the provision of auxiliary aids or services?

Answer. No. Public schools cannot charge for the auxiliary aids or services that they provide to meet the effective communications provision in the Title II regulations. DOJ and ED strongly advise school districts that they inform students with disabilities and their parents that the district can and will provide auxiliary aids and services, and that there will be no cost for such aids or services.

Interplay Between Title II and the IDEA

10. How do the IDEA FAPE and the Title II effective communication requirements differ with 
regard to the obligation to provide communication for students with disabilities attending 
public elementary and secondary schools?

Answer. The Title II regulations explicitly require that a district take appropriate steps to ensure that communications with persons with disabilities are “as effective as” communications with other persons. They further require that a district provide appropriate auxiliary aids and services where necessary to afford a person with a disability an “equal opportunity” to participate in and enjoy the benefits of the district’s services, programs, or activities. Under the IDEA, FAPE must be individually designed to provide meaningful educational benefit to the child. The IDEA does not require that a district compare the effectiveness of communications with a student with a disability to the effectiveness of communications with students without disabilities, although there is nothing in the IDEA that precludes districts from doing so as part of FAPE.

For a student with a disability who is covered under both laws ‐‐ such as all IDEA‐eligible students with hearing, vision, or speech disabilities ‐‐ the school district must ensure that both sets of legal obligations are met, and that none of the student’s rights under either law are diminished or ignored. For many students, the special education and related services that they receive under the IDEA will also ensure that communication with those students is as effective as communication with other persons.

In other instances, the services, devices, technologies and methods for providing effective communication that are provided to a particular student as “auxiliary aids and services” under Title II may not necessarily be the same as those determined under the IDEA. Further, if the special education and related services provided under the IDEA are not sufficient to ensure that communication with the student is as effective as communication with other persons, the Title II obligations have not been met. Thus, depending on the circumstances, the services and aids that a student receives under the IDEA may be the same as or greater than the services and aids that would be provided under Title II; in other circumstances, a student may receive more services and aids under Title II than those provided under the IDEA.

A student with a disability does not, and cannot be asked to, give up his or her rights under Title II in exchange for, or because he or she already receives, special education and related services under the IDEA. That is, the provision of FAPE under the IDEA does not limit a student’s right to effective communication under Title II.

11. Must a student be eligible under the IDEA in order to be provided auxiliary aids and services needed to ensure effective communication under Title II? (In other words, must a student with a disability have an IEP to access effective auxiliary aids and services?)

Answer. No. Title II does not require IDEA eligibility. While many students who have communication needs based on a hearing, vision, or speech disability are eligible under the IDEA and have IEPs, these are not prerequisites for receiving auxiliary aids and services needed to ensure effective communication under Title II.

Implementation

12. How does a parent request auxiliary aids and services for a child under Title II? Can the request be made as part of the IEP process or must it be made through a separate process?

Answer. Title II does not designate a particular responsible person for a parent or student to contact about, or a specific process for individuals to follow, with regard to obtaining services under Title II. The school district can determine whom the parent should contact with requests for auxiliary aids and services and other ADA issues.

Title II requires school districts to provide notice about Title II and its applicability to the school districts’ services, programs, or activities. The school district or public school should make sure that the identity and contact information of the designated school official is made publicly available in accessible formats. A best practice is for a district to proactively notify parents and students about the right to effective communication under Title II and identify the designated school official who accepts requests for Title II auxiliary aids and services.

In order to carry out a school district’s responsibility to ensure effective communication, district staff, such as teachers and administrative staff, who might reasonably be contacted by parents or students with requests for auxiliary aids or services, need to be knowledgeable about how to handle this type of request. For example, the district’s process might ensure that staff refers parents to the designated school official. As another example, the district’s process might call for the teacher or other staff member to communicate the parent’s request directly to the designated school official and to notify the parent that the request has been so communicated. In addition, a school district’s Section 504 or ADA Coordinator (discussed in further detail below) could be the designated school official or facilitate the process.

If a child has an IEP, neither the IDEA nor Title II require that the child’s IEP Team address a parent’s Title II request for his or her child; however, a school district may choose to delegate this responsibility to the child’s IEP Team. Please refer to Q&A 15 for additional information regarding the role of the IEP Team. As discussed below, a parent does not need to make a specific request under Title II before a school considers its responsibilities to provide auxiliary aids and services.

13. For children who are already receiving special education and related services under the IDEA, do parents have to make specific requests for different or additional auxiliary aids and services to trigger the Title II obligations for effective communication? Also, once the decision is made to provide a particular auxiliary aid or service to a student with a hearing, 
vision, or speech disability, does the school district have any obligation under either Title II or 
the IDEA to revisit that decision? If so, when?

Answer. Parents do not have to make a specific request for different or additional auxiliary aids. When the school district knows that a student needs assistance with communication because, for example, he or she has a hearing, vision, or speech disability, the school district also has an affirmative obligation to provide effective communication under Title II, whether or
not a parent requests specific auxiliary aids and services under Title II. This obligation is in addition to the requirement that the school district make FAPE available if the student is eligible under the IDEA.

As a best practice, schools should consult with the parent or guardian (and students, as appropriate) at the first opportunity regarding what auxiliary aids or services are appropriate and update information about these preferences at least every year or whenever the parent or guardian requests a change. Nothing prevents the parent, guardian, or student from specifically requesting a particular auxiliary aid or service if not so consulted. Also, under the IDEA, each school district must ensure that the IEP Team reviews and, if appropriate, revises the child’s IEP periodically, but not less than annually. In general, a  reevaluation under the IDEA must occur at least once every three years. Under Title II, the public school has a continuing obligation to assess the auxiliary aids and services it is providing to students with hearing, vision, or speech disabilities to ensure that these students are receiving effective communication. For information on what parents can do if they disagree with a school district’s decision on what Title II’s effective communication provisions require for their child, please refer to Q&A 18.

14. Who in a school district participates in the determinations about the provision of auxiliary aids and services under Title II? Does the ultimate decision maker differ depending upon whether the student is covered by the IDEA, Title II, or both?

Answer. The Title II regulations do not designate a particular responsible person or group of people to make the determinations about the provision of auxiliary aids and services under Title II. The Title II regulations do require that most school districts (those that employ 50 or more persons) select at least one employee to coordinate implementation and compliance with the district’s responsibilities under Title II. Such an employee is generally referred to as the ADA
Coordinator. A school district may give the ADA Coordinator the responsibility of making decisions about the auxiliary aids and services required under Title II, and may choose to have the ADA Coordinator participate in Title II effective communication decisions and in IEP reviews.

The Title II regulations also address who should make determinations concerning whether a particular auxiliary aid or service would create a fundamental alteration or undue burden.Please refer to Q&A 6 for additional information.

If a student is IDEA‐eligible, a school district can also decide that a parent’s request under Title II for a child will be addressed by the IEP team. See Q&A 15.

15. Under what circumstances may the IEP Team make decisions about the provision of auxiliary 
aids and services required under Title II?

Answer. Under the IDEA, the school must ensure that the child’s educational program, as part of FAPE, is based on the individual needs of the child and is reasonably calculated to enable the child to receive meaningful educational benefit. If a school district designates the IEP Team as having the responsibility of making decisions about the auxiliary aids and services required under Title II, then the IEP Team may make this decision. However, the IEP Team needs to be aware that the decision regarding the auxiliary aids and services needed to ensure effective communication as required under Title II poses a different question than the FAPE determination under the IDEA and must be made using the Title II legal standards. For additional information on the Title II requirements, please refer to Q&A’s 1 through 9.

16. Is the IDEA evaluation process different than the analysis used when considering an individual’s request for a particular auxiliary aid or service under Title II?

Answer. Under the IDEA, each school district must conduct a full and individual initial evaluation before the initial provision of special education and related services to a child with a disability. The evaluation must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including
information provided by the parent that may assist in determining whether the child is a child with a disability and needs special education and related services. Evaluations also must be provided and administered in a student’s native language or other mode of communication. If a school district has already completed a child’s evaluation under the IDEA, it may rely on
information obtained from that evaluation when determining the need for effective communication under Title II. However, the school district must analyze the child’s needs and how to meet those needs based on the Title II standard, and this includes giving primary consideration to a request for a specific auxiliary aid or service.

A school district may not ignore information obtained through the IDEA evaluation procedures, but may implement its own procedures to determine whether a child needs a particular auxiliary aid or service to ensure effective communication under Title II. Similarly, as explained above in Q&A 5, a school district must provide the auxiliary aids or services in a timely manner and cannot wait for the IEP process to run its course before providing necessary auxiliary aids and services under Title II.

The IDEA does not prohibit a school district from providing the needed auxiliary aids and services under Title II while the IDEA evaluation is pending. In this situation, the school district must first address the child’s needs for auxiliary aids and services based on the Title II standard while proceeding with the IDEA evaluation process, meaning the school district must provide those aids and services that ensure communication with the child is as effective as communication with students without disabilities and give primary consideration to the parent’s or child’s request for specific auxiliary aids and services, if any. Once the IDEA evaluation is complete, the school district may need to reassess whether the child needs different auxiliary aids or services to ensure effective communication under Title II if the results of the IDEA evaluation provide additional information regarding the child’s needs or the effectiveness of the auxiliary aids and services being used.

17. May a school district determine that, under Title II, all children with a hearing, vision, or 
speech disability will receive the same auxiliary aid or service as others with that kind of 
disability?

Answer
. No. As stated earlier, when a school district decides what auxiliary aids or services to provide, that decision is made on an individualized, case‐by‐case basis. Because students with disabilities experience varying levels and types of limitations from hearing, vision, or speech disabilities, and because school districts must give primary consideration to the requests of the individual, these determinations must be made on an individual basis. For examples of appropriate auxiliary aids and services in individual cases, see Q&A 4.

18. What dispute resolution mechanisms are available if a parent believes that a school district has improperly denied or limited his or her child’s access to a particular auxiliary aid or service under Title II or has not made FAPE available under the IDEA?

Answer. Under the IDEA, a parent challenging the provision of FAPE may request mediation, may file a complaint with the State educational agency, or may request an impartial administrative hearing by filing a due process complaint and participating in the prescribed resolution process. The administrative hearing procedures vary by state and may include one or two levels of administrative review. An administrative hearing decision may be appealed to a State or Federal court empowered to hear such cases. In general, IDEA’s administrative hearing procedures must be utilized before seeking relief in State or Federal court. More information about IDEA’s dispute resolution procedures is available here.

Regardless of whether or not the student also is eligible under the IDEA, a parent of a student with a disability can file a Title II complaint regarding the denial or limitation of a particular auxiliary aid or service with the United States Department of Education’s Office for Civil Rights or with the United States Department of Justice’s Civil Rights Division, or file a Title II grievance with the school district if the school district has such a procedure. A parent may also choose to file a civil action alleging a violation of Title II in Federal court.

However, parents and guardians should be aware that the IDEA requires that, before filing a Federal case under other laws, such as Title II of the ADA, seeking a remedy that is also available under the IDEA, the parent or guardian generally must exhaust the administrative hearing procedures of the IDEA, which means obtaining a final decision under the IDEA’s
impartial due process hearing procedures.

Funding

19. Under what circumstances may a school district use IDEA funds to pay for auxiliary aids or 
services for IDEA‐eligible students to ensure effective communication as required by Title II?

Answer. The IDEA provides that grant funds must be used only in accordance with the applicable provisions of the IDEA and to pay the excess costs of providing special education and related services to children with disabilities. Therefore, IDEA funds may be used only to pay for auxiliary aids and services under Title II that also are required to be provided under the IDEA, such as assistive technology or interpreter services that are included in the student’s IEP. If a child receives auxiliary aids and services under Title II that are not included in the child’s IEP, IDEA funds may not be used to pay for those services.

Resources

20. Where can a school district or parent get more information about these issues?

Answer. For information about Section 504 or Title II, school districts and parents can contact the OCR office https://www.hhs.gov/civil-rights/index.html

Districts and parents can also call OCR’s Toll Free Call Center: 1-877-696-6775.

For information about the IDEA requirements for children with disabilities and communication needs, see https://sites.ed.gov/idea/?src=ft

In addition, a list of OSEP’s State contacts can be found at http://www2.ed.gov/policy/speced/guid/idea/monitor/state‐contact‐list.html

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