Public Policy Issues

Education

Organizations worldwide support and defend the rights of all deaf people to a quality education. Education is a basic necessity, and access is inconsistent. Some areas of the world provide greater access to education resources, whereas in other countries such resources are less accessible. The United States created the Education for All Handicapped Children Act in 1975. In 1997 the law’s name was changed to the Individuals with Disabilities Education Act (IDEA), and in 2004 it was updated to the IDEA Improvement Act. These amended laws provide guidelines for an appropriate education, and they have been updated as societal needs and views have changed. They have mandated free and appropriate access to public education for all students with disabilities. Schools are required to prepare and file individualized education programs (IEPs) for students identified with needs. The IEP must detail the student’s current education performance status, the services that will be provided, and the extent to which the student can participate in general education activities.

Deaf communities and associations tend to agree with the imperatives of IDEA, but they stress the need for direct and uninhibited communication access to all areas of school programming. Their position remains that, although special services might be necessary, inclusion is also important and is a basic right provided by the IDEA laws. The NAD defines successful inclusion programs as those that assist all students—including deaf and hearing students—in reaching their full potential academically and socially. This requires providing students with the opportunity to engage in active and regular interaction in the classroom [Page 756]and school communities. Meaningful interaction with hearing and deaf students can contribute to positive attitudes among all students and can lead to successful inclusion efforts.

The United States has a long history of providing education services to deaf students. Many state schools for the Deaf focus on auditory-oral methods of communication, and other schools specialize in education for the Deaf, including Gallaudet University and the National Technical Institute for the Deaf. Changing patterns in the incidence of deafness show an increased decline in the number of children born profoundly deaf compared with children born with lesser levels of hearing loss. There have also been changes in incidence based on ethnicity, with Hispanic populations accounting for about 21 percent of the deaf population. This indicates the need for continued differentiation and changes in education services. At the same time, the United States relies heavily on national benchmark testing programs and requirements associated with the No Child Left Behind legislation from 2002. These figures include special schools and programs for the deaf in their procedures and reporting functions, decreasing the ability to differentiate and create an accurate educational picture.

Employment

If a deaf person experiences discrimination, it will likely be a violation of the 1990 Americans with Disabilities Act (ADA). Under the ADA, a job applicant is considered qualified as long as he or she can do the essential functions of the job, with or without reasonable accommodations. The ADA applies to private employers that have 15 or more employees, as well as state and local government jobs. The law prohibits employers, employment agencies, labor unions, and joint labor management committees from discriminating against persons with disabilities. The law requires reasonable accommodations for disabled employees, such as making a sign language interpreter available for presentations or important meetings. This requirement often discourages prospective employers as they assume they will be responsible for costly accommodations. A reasonable accommodation is a modification to the job or workplace that allows the employee to continue to perform the duties outlined in the job description despite a disability. An employer is not obligated to provide these special accommodations if they will cause an undue hardship, such as significant difficulty obtaining or installing the accommodation, or significant expense based on the employer’s size and financial resources.

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