Position Statement on Language Access

• A Historic Change in Deaf Education
• CDE Deaf Education Office's Position Statement

A Historic Change in Deaf Education

CDE Supports Deaf and Hard of Hearing Children’s Language Access Rights

In support of California Deaf Child’s Bill of Rights (Assembly Bill 1836, encoded as Education Code 5600.5), this document provides clarification for the CDE’s position supporting the right of Deaf and hard of hearing children to have access to a complete language, signed (visual and tactile) and spoken, as appropriate, from birth.

The Deaf Child's Bill of Rights (AB 1836)

In September of 1994, Assembly Bill 1836 (AB 1836), “The Deaf Children’s Bill of Rights” was signed into law by then-Governor Pete Wilson. The bill was authored by Assemblywoman Delaine Eastin, who later served as the State Superintendent of Public Instruction (1995-2003). This historic legislation acknowledges the essential educational need for Deaf and hard-of-hearing children to be educated in an environment that respects and uses their languages of instruction, American Sign Language and English, both or either one.

Deaf Educators and Professionals’ Leadership

Key to the development and ultimate passage of AB 1836 was the Deaf Education Coalition (DEC) led by Deaf educators, professionals, and their allies. Six years of arduous work preceded the passage of this historic legislation. Approximately 25 organizations coalesced to become the DEC. Their common goal was to significantly change the way education and related services were delivered to Deaf and hard of hearing children.

Accessible Education and Critical Mass

EC 5600.5 clarifies the position of the California Department of Education (CDE) on supporting the right of Deaf and hard-of-hearing children to full access to language from birth. The Deaf Child’s Bill of Rights addresses fundamental human issues and human rights to access language. It addresses the need for Deaf and hard-of-hearing children to have teachers, psychologists, assessment staff, and other professionals who are fluent in the language being used by the student, as well as the issue of critical mass, which is the concept that Deaf and hard-of-hearing students are entitled to an education along with a sufficient number of their language mode peers, i.e., other Deaf and hard-of-hearing classmates. There must be unfettered access to career technical education, to allow the Deaf and hard of hearing student equal opportunity to prepare for life beyond the school experience with the following opportunities 1) accessible education, 2) critical mass with Deaf and hard-of-hearing peers, 3) Deaf role models, and 4) full social participation at school.

Accessible Education

As noted in the California Education Code (EC), Section 56000.5, “It is essential for the well-being and growth of hard-of-hearing and deaf children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf children have appropriate, on-going, and fully accessible educational opportunities”

Critical Mass with Deaf and Hard of Hearing Peers

Further, EC 56000.5, states that “It is essential that hard-of-hearing and deaf children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level.” It is essential that Deaf and hard-of-hearing children, like all children, have an education in which their unique language and communication needs are respected, utilized, and developed to an appropriate level of proficiency.

Deaf Role Models

In addition, Deaf children and hard-of-hearing would benefit from an education in which they are exposed to hard-of-hearing and Deaf role models.

Full Social Participation at School

Finally, but equally important, this bill emphasizes the need for Deaf and hard-of-hearing students to be able to participate in all parts of a school program, including after-school social events, athletic functions, lunch, and recess.

Least Restrictive Environment for Deaf Children

EC 56000.5 also addresses LRE or the Least Restrictive Environment issue. Each Deaf or hard-of-hearing child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. By the above definitions, the California Schools for the Deaf are considered the least restrictive environment.

The Deaf Child’s Bill of Rights plays a key role when an Individualized Family Service Plan (IFSP) or an Individualized Education Plan (IEP) team convenes to consider the needs of Deaf and hard-of-hearing children. This bill stipulates that when the IFSP or IEP team is developing goals and objectives for a Deaf or hard of hearing child, it must consider several factors. For example:

• Does the student have a sufficient number of schoolmates who are similar in age, language, and learning ability?
• Are the teachers and other professionals who work with the child skilled in the child’s language and way of communicating?
• Are the critical elements of the educational program (i.e., academic instruction, school services, and extracurricular activities) available in the child’s language and way of communicating?

What We Know

• Historically, most Deaf and hard of hearing children struggle academically, partly because they often have deprivation and/or language delayed language development, which may result in academic challenges.
• Being Deaf or hard of hearing does not cause language delay; it is language deprivation, caused by the inability to access language, that causes language delay.
• Language and cognition are closely related; thus, language deprivation may lead to both language and cognitive delays for Deaf and hard of hearing children.
• When Deaf and hard of hearing children are identified and enrolled in appropriate Early Start services by six months of age, they can develop language skills commensurate with their hearing peers and with their cognitive abilities.
  
• American Sign Language (and other signed languages) promotes and enhances the acquisition of spoken language and cognition.
• Spoken language and enhanced listening capabilities are possible for increasing numbers of children born Deaf or hard of hearing, as advances in technology improve listening devices.

CDE Deaf Education Office's Position Statement

• Supports Senate Bill 210 (SB 210) which was passed in 2015. The purpose of SB 210 in Early Start is to ensure that Deaf and hard-of-hearing children acquire age-appropriate language skills to enable them to do well in school and careers.
• Emphasizes that the purpose of Early Start for Deaf and hard of hearing children is to ensure that they acquire age-appropriate language skills with SB 210 language milestones (ages 0-5) to enable them to do well in school and careers.
• Believes that families should not be compelled to choose between signed and spoken language. They may choose both languages, ASL, English, and home language as the languages for their Deaf and hard-of-hearing children.
• Emphasizes that Deaf and hard of hearing programs have a responsibility to provide ongoing assessment of language development, and work with families to provide services that will lead to age-appropriate language development.
• Recognizes and respects the right of families Deaf and hard-of-hearing children to be fully informed about the continuum of placement options available to their children, including the California Schools for the Deaf, regular education programs, resource specialist programs, designated instruction and services, special classes, nonpublic, nonsectarian school services, itinerant instruction, instruction using telecommunication, and instruction in the home or hospital, pursuant to California Education Code 56360.
  
• Emphasizes that Deaf and hard-of-hearing programs and the California Schools for the Deaf (CSD) have a responsibility to provide ongoing assessment of language development, and work with families to provide the support that will lead to age-appropriate language development.
• Understands that a strong language foundation, ASL and English, is essential to access education.
• The California Schools for the Deaf are considered the least restrictive environment for Deaf and hard of hearing children.
• Supports State Special Schools, the California Schools for the Deaf in Fremont and Riverside, day and residential school programs which are offered to Deaf and hard-of-hearing students from infancy to age 21.
• Recognizes and respects the right of families of Deaf and hard-of-hearing children to receive comprehensive information about the educational opportunities in Deaf Education, including the California Schools for the Deaf.
• Understands that Deaf and hard-of-hearing children have the right to receive education through natural languages of instruction that are fully accessible to them - American Sign Language and English.
• Believes that a strong language foundation is necessary for Deaf-and-hard of hearing children to access education.
• Recognizes and respects the right of families of Deaf and hard-of-hearing children to receive comprehensive information about the language opportunities available to them. Families have the right to know the differences between languages and communication tools.
  
• Believes that Deaf and hard of hearing children have the right to receive appropriate services that will provide them with exposure to fully accessible natural languages – American Sign Language (ASL) and spoken English (and/or other languages of home).
• Accepts and respects all communication tools (i.e., Cued Speech, Signing Exact English, Conceptually Accurate Signed English, Sign Supported Speech, Simultaneous Communication) as long as it is understood that the tools are not languages.
• Accepts and respects all languages of home.
• Accepts and respects all languages of instruction in the education of Deaf and hard-of-hearing children i.e., ASL and English as bilingual/ multilingual approach, Mexican Sign Language (LSM), English, Spanish, etc.
• Recognizes and respects the right of families of Deaf and hard-of-hearing children to receive comprehensive information about the language opportunities available to them.
• Recognizes and respects the right of families of Deaf and hard-of-hearing children to make informed decisions about the language(s) they will use in raising their children. The information includes the long-term language, educational and social impact on their children.
• Believes that families of Deaf and hard-of-hearing children should be informed that the use of ASL supports and enhances the development of spoken language and cognition for ALL children.
• Believes that families of Deaf and hard-of-hearing children should be encouraged to explore all language opportunities and educational approaches.
• Recognizes the importance of family-to-family connections in supporting families of Deaf and hard-of-hearing children through the decision-making process.
  
• Recognizes the importance of services provided by Deaf coaches for families with Deaf and hard-of-hearing infants and young children.
• Recognizes the importance of Deaf or hard-of-hearing role models in supporting parents as their children grow and develop.