CURRENT LAWS PROTECTING YOUR RIGHTS AS A DEAF STUDENT IN SCHOOL AND IN COLLEGE

Key Federal Laws Protecting Deaf Students

1. Individuals with Disabilities Education Act (IDEA) – 1975

• Guarantees a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) for students with disabilities, including those who are deaf or hard of hearing.
• Requires development of an Individualized Education Program (IEP) tailored to each student’s needs.
  • IEP Advocacy Checklist
  • Self Advocacy Guide for Parent
• Schools must provide special education and related services, such as:
  • Sign language interpreters
  • CART (real-time captioning)
  • Assistive listening devices (FM/DM systems)
  • Speech therapy, audiology, or specialized instruction
• Parents have the right to participate in decisions and request due process hearings if they disagree with the school.

Section 504 of the Rehabilitation Act – 1973

• Protects students with disabilities in any school or program receiving federal funding.
• Requires development of an Individualized Education Program (IEP) tailored to each student’s needs.
• Students not covered under IDEA may still qualify for accommodations under a 504 Plan, such as:
  • Captioned media in class
  • Preferential seating
  • Note-taking assistance
  • Interpreters for extracurricular activities

Americans with Disabilities Act (ADA) – 1990

• Title II: Applies to public schools, colleges, and universities.
• Title III: Applies to private schools and higher education institutions.
• Requires effective communication in and outside the classroom (lectures, meetings, school events, etc.).
• Schools must provide interpreters, captioning, or other aids at no cost to the student.

Higher Education Opportunity Act (HEOA) – 2008

• Provides funding and support for postsecondary institutions serving students with disabilities.
• Strengthens disability services offices in colleges/universities.
• Expands access to accessible technology.

Section 508 of the Rehabilitation Act – 1998

• Requires federal agencies (including federally funded education programs) to make technology and digital content accessible (e.g., online learning platforms, digital libraries).

In Practice

• K–12: A deaf student might have an IEP under IDEA that guarantees an interpreter in all classes.
• College/University: Students are usually covered under ADA & Section 504, so they must request accommodations through the disability services office (interpreters, captioning, accessible dorms, etc.).
• Extracurriculars & Sports: ADA requires schools to provide communication access beyond academics.