Are schools required to provide American Sign Language Interpreters for deaf students?

Question

I worked with a student with autism for a few months in school. He was also deaf. He had an interpreter and other staff who knew quite a bit of sign language. But, I have been told there is a deaf student at an elementary school in my school district without an interpreter. (This child is also mentally handicapped.) Are there any laws, state or federal, that require schools to hire interpreters for deaf or hearing impaired students?

Answer 1

If the child has an IEP or 504 (which they should) then absolutely the law says the school MUST hire one however if the parent doesn't know this and request it then the school isn't required to do it. They are only required to provide what is writen in the IEP. If the mother wants her child to have that she needs to call a meeting and submit a request for an interpreter in writing. Then the school has to give reasons why they are saying no and the mom can get a due process hearing if they refuse.

This is all part of "IDEA" which stands for Individuals with Disabilities Education Act. Children with disabilities are protected under this law and the school must provide anything the child needs in order to get a free appropriate education.

http://www.nichcy.org/idea.htm

Answer 2

If the student has a 504 Plan* or an IEP**/IFSP*** (all 3 are legal binding documents) in place, in which they already should have..yes schools are required to provide ASL interpreters for deaf students if that is the students language or communication mode.  

*A 504 plan is a legal document falling under the provisions of the Rehabilitation Act of 1973. It is designed to plan a program of instructional services to assist students with special needs who are in a regular education setting.

**An IEP is designed to meet the unique educational needs of one child. The IEP must be tailored to the individual student's needs as identified by the evaluation process and must help teachers and related service providers understand the student and how best to work with that student. In other words, the IEP should describe how the student learns, how the student best demonstrates that learning and how the school staff and student will work together to help the student learn better.

***The IFSP (ages 3-5) is set up to identify individualized supports and services that will enhance the child’s development. The IFSP can be used as an IEP for the child if certain terms are met.

In the development of an IEP, for example,  the IEP team  must consider what they call "special factors":

(from IDEA (federal law) about special factors in regards to an IEP- Regulations: Part 300 / D / 300.324 / a / 2)

"(2) Consideration of special factors. The IEP Team must--

(i) In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

(v) Consider whether the child needs assistive technology devices and services."

For either a 504 Plan or an IEP/IFSP they must also consider accommodations, for a person who is deaf or hard of hearing one of the accommodations they can have is a sign language interpreter as a presentation accommodation:

"Sign Language - Sign language interpreters may be required for students who are deaf or hard of hearing. Sometimes an interpreter is only needed or allowed to sign instructions and to assist in communication. Some students may need all print materials interpreted while learning to read print. Interpreters need to be able to translate in the same method of sign language typically used by the student (e.g., American Sign Language, Cued Speech). Interpreters must not paraphrase, clarify, elaborate, or provide assistance with the meaning of words, intent of test questions, or responses to test items. Graphic materials may be described but should also be available in print or tactile formats. A standard video presentation of a test in sign language may be used to increase quality, consistency, pacing, and accuracy."

There are many other accommodations to take into consideration such as Audio Amplification Devices, Visual Cues, Screen Readers, Scribes, etc.

Answer 3

Schools are not required to hire an ASL sign language interpreter, pre se.

What they are required is to provide a free and APPROPRIATE public education (FAPE). So, if not visual sign language, perhaps all work in written form, a teacher with adequate sign language for teaching, PECS, etc. It really depends on the needs.

But, as someone else mentioned, so much has to do with how educated the parents are in federal law. If they know his needs and are able to advocate for them, then he is more likely to get what he needs to fulfill FAPE.

Answer 4

So they took the Deaf/autistic student's interpreter for the Deaf/MI student?

How did the D/autistic student perform with sign? If it is his mode of communication then someone better be fighting this.

Answer 5

No, they are not required to. However, the county that you live in should have provided the parents of the deaf child with a referral to a school that did have and interpretor. This child should not be in a school that is not equipped to educate them. The county is required to also provide transportation to handicapped and mentally impaired children no matter how far away the school is that is fit to teach the child.

Answer 6

No the schools are not required to provide an interpreter if they are incapable of learning the language (especially may be true if he is mentally handicapped and his current teacher or assistant new enough for the basics) or he could hear some.  Many of those deemed deaf do have some hearing especially if the amplifier is used.  

My bet is that the student wasn't capable of learning anything than basic sign (one word answers), had some residual hearing and a parent who wasn't him to have an interpreter.  Many parents with kids with multiple disabilities know that they  need to train their kids from an early age to face the world.  They cannot cope with having an interpreter at school and then go with their mom to the grocery store in the afternoon and communicate.  Inconsistency doesn't really help.

Edit - For those of you who gave me a thumbs down, probably haven't faced an issue with a child with multiple disabilities including deafness.  Sign language is a complex language, too.  Many experienced special education teachers can teach all that is capable of him or her learning with speech/language or audiological services on a weekly/monthly basis.

A school is NOT responsible for continuing a service past the child's capabilities.  FAPE, yes, is law, of course.  However, if the child has maxed out his abilities and the school can maintain the level of performance, they can cut out those services.