Hearing loss is much more common in our population (including our children) than you might think. Some children are born hearing-impaired (about 4 out of 1000, according to researchers), but many more develop hearing loss over time. About 20 percent of students experience some form of hearing loss by the age of 12. While mild or marginal levels of hearing impairment won't necessarily affect a child's education experience, it doesn't take much hearing loss for a child to begin missing important information. If the condition goes undetected, the child's performance may begin to drop dramatically.
If hearing impairment affects your child's ability to learn, federal law recognizes it as a disability, and your child may be legally eligible for reasonable disability accommodations from their school--whether at the K-12 or college level. However, receiving these accommodations is by no means automatic or guaranteed. Many parents and students, unfortunately, do not know their rights in these situations, and if they do, the school may make qualifying for accommodations an extremely convoluted process. But without these accommodations, the student may not receive the quality of education they need--and, in severe instances, might even face dismissal for poor academic performance.
If your child isn't getting the necessary accommodations for hearing impairments in school, or if the complicated process of acquiring these accommodations leaves you overwhelmed, your best solution is to get legal help from an established education attorney. The Education Law Team at the Lento Law Firm has demonstrated consistent nationwide success in handling the complexities of student disability matters. We will fight to ensure your child gains the quality access to the education they rightfully deserve. To plan a consultation, call the Lento Law Firm at 888-535-3686 or complete our secure online form.
Understanding Hearing Impairment in Children
Hearing impairment covers a broad range of hearing disabilities, but generally speaking, it refers to a partial or total inability to hear sounds in one or both ears. In childhood, this condition can significantly affect a child's language and speech development, social skills, and academic performance. Hearing impairments can range from mild, where a child may miss certain sounds at lower volumes, to profound, where there is very little or no hearing.
The causes of hearing impairment in children can be congenital or acquired. Congenital causes include genetic factors, infections passed from mother to child during pregnancy (such as rubella, herpes, or cytomegalovirus), and premature birth complications. Acquired hearing loss can result from chronic ear infections, exposure to loud noises, head injuries, and illnesses that affect hearing, such as meningitis or measles.
Detecting hearing impairment early in children is essential for timely intervention. Some indicators that a child may be hearing impaired include:
- Not being startled by loud noises
- Delayed speech and language development
- Frequently asking for repetitions or saying "what?"
- Turning up the volume of devices too high
- Difficulty understanding what is being said, especially in noisy environments
- Watching others to imitate their responses in social situations
The Negative Repercussions of Hearing Impairment for Students
Hearing impairment can have a profound and cascading impact on a student's educational experience, influencing various aspects of their learning and social integration. The implications extend beyond the direct inability to hear, affecting academic performance, speech and language development, social skills, and emotional well-being.
Academic Performance
Students with hearing impairments may struggle with the acquisition of literacy skills. Listening is a fundamental component of learning to read and write, as it directly impacts the ability to understand phonetics, vocabulary, and sentence structure. Consequently, hearing-impaired students often face challenges in reading comprehension and written expression, which can lead to academic delays. Subjects that heavily rely on verbal instruction, such as languages and history, can be particularly challenging, potentially impacting the student's overall academic progress.
Speech and Language Development
Hearing loss can significantly delay speech and language acquisition in children. These delays can affect a child's ability to articulate words correctly, understand complex sentences, and grasp abstract language concepts. This can hinder a student's ability to fully participate in classroom discussions, understand instructions, and express thoughts and needs effectively.
Social Skills and Integration
Social integration is often challenging for students with hearing impairments. The difficulty in understanding speech, especially in noisy environments like classrooms or playgrounds, can lead to isolation. Peers may not understand the nature of the hearing impairment, leading to further social exclusion. This isolation can impact the development of important social skills and reduce opportunities for collaborative learning, potentially affecting the student's self-esteem and emotional health.
Emotional Well-Being
The cumulative effect of challenges in academic performance, speech and language development, and social integration can significantly impact a student's emotional well-being. Feelings of frustration, isolation, and low self-esteem are common among hearing-impaired students. Without adequate support, these feelings can escalate into anxiety, depression, and a reluctance to participate in both academic and extracurricular activities.
Legal Entitlements of Hearing-Impaired Students for Disability Accommodations
While the signs of hearing loss can be easy enough to spot, measuring the degree of hearing loss and its impact is another matter. From a medical standpoint, the general benchmarks for hearing loss are considered to be a reduction of 20-40 dB for mild hearing loss, 40-60 dB for moderate hearing loss, 60-80 dB for severe hearing loss, and 81-plus dB is considered deaf. That being said, measuring how hearing loss affects the student's learning experience is much more difficult to pin down. Thus, in the United States, the eligibility for school accommodations under the law for students with hearing impairments is not defined by a specific threshold of hearing loss measured in decibels. Instead, eligibility for accommodations is determined based on whether the hearing impairment adversely affects the student's educational performance and if the student needs special education or related services.
Under federal law, a disability is identified as a “physical or mental impairment” that substantially influences one or more “major life activities.” Since education is considered a "major life activity," hearing impairment is considered a disability in children if the hearing loss affects their ability to learn--at which point schools are required by law to provide disability accommodations for them. This protection is granted by Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). IDEA particularly caters to the needs of disabled K-12 students, whereas regulations of ADA are crucial for accommodating college students. Section 504 is applicable to all schools receiving federal funding, including both grade schools and higher education institutions, although specifics may differ according to the school category.
To secure these accommodations, students or their guardians must formally request accommodations and usually provide proof of diagnosis of hearing impairment. Failing to follow the school's specific application procedures could disqualify your student from receiving accommodations. The Lento Law Firm Team can help through this process to ensure your student fulfills all qualifying criteria and that the school fulfills its legal obligations.
IEP Accommodations Are Available for Hearing-Impaired Students
Under IDEA, students with recognized disabilities are entitled to an Individualized Education Plan (IEP) specifically crafted to meet their unique educational needs. This plan is collaboratively developed by school officials, tutors, and parents and is meant to supply the necessary support for the student. Some potential accommodations for a hearing-impaired student under an IEP could include but are not necessarily limited to:
- Personal hearing instruments support, such as hearing aids, cochlear implants, or bone-anchored hearing systems.
- Preferential seating arrangements to ensure the student has an unobstructed view of the teacher and any visual aids--or to better hear the instructor during class.
- Reduction of background noise to enhance auditory access for the student.
- Provision of written summaries or outlines of lessons to supplement oral instruction.
- Implementation of visual aids and sign language interpreters as necessary to support comprehension.
- Access to captioning services for any video or multimedia used within the classroom.
- Use of assistive listening devices (ALDs) or sound field systems to amplify the teacher's voice.
- Ensuring all emergency alerts and announcements are accessible through visual or vibrating signals.
Note that IEPs are mandatory only for public and charter schools at the K-12 level. Private schools are not legally obligated to provide an IEP, and while colleges can choose to extend a student's high school IEP, they are not required to (although they must offer equivalent accommodations under the ADA).
Free Appropriate Public Education (FAPE) for Hearing-Impaired Students
Under the guidelines set by Section 504 and IDEA, every student with a disability is entitled to the same quality of public education as their peers without disabilities. Thus, all federally funded K-12 schools offering free public education must provide a Free Appropriate Public Education (FAPE) to all students with recognized disabilities--including the hearing impaired. (As most colleges and universities do not offer free education, FAPE requirements do not apply to them.)
The core concept of FAPE is to educate students with disabilities in regular classrooms with their peers without disabilities as much as is feasible, supplemented by any requisite special education services to assure equitable access to educational services. Designing a FAPE for hearing-impaired students depends on various factors, such as the student's unique needs and the severity of their hearing impairments, along with their school district policies.
ADA Reasonable Provisions for College Students with Hearing Impairments
The Americans with Disabilities Act (ADA) mandates that colleges and universities offer "reasonable accommodations" for students with disabilities, including those diagnosed with hearing impairments. Many colleges and universities have dedicated departments focused on helping students with disabilities. Hearing-impaired students who need accommodations can submit documentation or a diagnosis to their school and request modifications appropriate to their situation. A high school IEP can also provide guidance for identifying suitable equivalent accommodations, even though the college is not obligated to follow the IEP directly.
What Happens When Schools Do Not Accommodate Hearing Impairments
Unfortunately, some situations occur where hearing-impaired students may have difficulty obtaining disability accommodations. The school may either fail to identify or acknowledge the student's disability or provide inadequate or no accommodations to assist with that disability. In these cases, parents may need to be the student's advocate to demand that the school meet its obligations. If following the required protocols to apply for accommodations does not work, and if collaborative efforts with the school do not yield results, it's time to contact an education law attorney who can advocate on the student's behalf.
How the Lento Law Firm's Education Law Team Can Help
When hearing impaired students are unable to obtain appropriate accommodations, it can significantly impact the student's educational experience negatively. K-12 schools and colleges are legally obligated to accommodate recognized disabilities, so no student is denied equal education access due to a disability. However, many students and parents either are not aware of their rights, or if they are informed, the process to obtain those accommodations can be both confusing and overwhelming. This is where the Team at the Lento Law Firm can assist.
The Education Law Team at the Lento Law Firm has extensive nationwide experience in advocating for the rights of students with hearing impairments and other disabilities, working relentlessly to make sure these students receive the accommodations to which they are legally entitled.
The legal intricacies and bureaucratic hurdles involved in getting a school to comply with the law can be intimidating for any family seeking accommodations for their hearing-impaired student--and yet, not doing so can result in long-term harm to the child. Don't attempt to face these challenges alone. If you or a loved one is struggling to secure necessary accommodations for a disability, call the Lento Law Firm at 888-535-3686 or complete our confidential online form.
