3/27/2024

Deaf people and the Legal System
Professor AnnMarie Bacino, M.S.
Americans with Disability Act
Introduction to ADA and its significance.
History of ADA
Evolution of ADA from the Rehabilitation Act of 1973 to its passage in 1990.
What We Know.....
Areas where Deaf individuals faced discrimination.
The Americans with Disabilities Act
Overview and significance of ADA, including amendments.
ADA covers 5 separate titles
Explanation of the five titles of ADA: Employment, State and Local Government Services, Public Accommodations, Telecommunications, and Miscellaneous Provisions.
Title I: Employment
Provisions ensuring equal access to employment opportunities.
Title II: State and Local Government Services
Requirements for state and local governments to provide accessible services.
Undue Hardship
Explanation of what constitutes undue hardship under ADA.
ADA Title III: Private Sector Services
Obligations of private businesses to ensure accessibility.
ADA Title IV: Telecommunications
Requirements for telecommunications services to be accessible.
ADA Title V: Miscellaneous Provisions
Additional provisions and clarifications under ADA.
Enforcement of ADA
Roles of various government agencies in enforcing ADA.
ADA and Assistive Listening Devices (ALD’s)
Provisions for auxiliary aids and services under ADA.
Laws in Juvenile Justice Facility Placements
Requirements for facilities to provide access to communication and services.
ADA’s Website
Information about the ADA website and its resources.
References
List of references and resources for further information on ADA.
ASL Interpreter: ASL interpreters facilitate communication between Deaf and hearing individuals by translating spoken language into sign language and vice versa.
Teachers: Educators who specialize in teaching Deaf children play a crucial role in ensuring access to education and supporting their language and social development.
Early Childhood Educators: Professionals working with Deaf children in early intervention programs help foster language development and provide support to parents in communicating with their children.
Audiologists: Audiologists evaluate hearing loss and provide recommendations for rehabilitation, often working closely with Deaf and Hard of Hearing individuals.
Speech and Language Therapists: These professionals assess and treat speech, language, and communication disorders, working with both children and adults who are Deaf or Hard of Hearing.
Vocational Rehabilitation Counselors and Job Coaches: They assist Deaf individuals in preparing for and obtaining employment, providing support, training, and advocacy services.
Mental Health Service Providers: Professionals such as hotline volunteers, clinical mental health counselors, school counselors, social workers, and clinical psychologists offer mental health support tailored to the needs of Deaf and Hard of Hearing individuals.
Emergency Medical Technicians (EMTs): EMTs trained in ASL can effectively communicate with Deaf individuals during emergency situations.
These careers require specialized knowledge and skills, often including fluency in ASL, understanding of Deaf culture, and relevant professional training or education. Additionally, organizations and programs mentioned in the text, such as Summit Speech School and various schools for the Deaf, provide resources and opportunities for individuals interested in pursuing careers related to Deaf education and services.

3/20/2024

ECHNOLOGY AND ACCESSIBILITY
Accessibility refers to enabling access for a wider range of people.
Examples include knowing when a baby cries, someone knocks on the door, or an emergency vehicle has its siren on.
COMMUNICATION IMPACT ON THE DEAF COMMUNITY CHANGES COME AND THE DEAF ARE INDEPENDENT
Deaf community embraces change and welcomes independence and accessibility.
Transition from TTY to VRS.
Accessibility rights under ADA.
TTY: THE FIRST STEP TOWARDS INDEPENDENCE & ACCESSIBILITY
Historical background and development of TTY.
Significance of the first long-distance TTY phone call.
Nationwide telephone relay service for Deaf callers introduced in 1990.
VRS: FREEDOM COMES FROM THE DEAF THEIR WAY!
Introduction of Video Relay Service.
Purpose: To provide natural conversation using Spoken English and ASL.
Major VRS companies and their role in empowering the Deaf community.
DEAF PERSPECTIVE AND OUTCOMES
Deaf individuals gain control over communication.
Respect, empowerment, and unity within the Deaf community.
VIDEO REMOTE INTERPRETER (VRI)
Definition and purpose of VRI.
Usage and advantages of VRI in facilitating communication in the same room.
CAPTEL: ENABLING SPOKEN COMMUNICATION FOR THE DEAF
Introduction and function of CapTel captioned telephones.
CAPTIONS: MAKING AUDIOVISUAL CONTENT ACCESSIBLE
Evolution of captions from silent films to online streaming.
Legal mandates and technological advancements in captioning accessibility.
GOOGLE’S AUTOMATIC SPEECH RECOGNITION (ASR) TECHNOLOGY
Implementation of ASR technology on platforms like YouTube for automatic caption generation.
EMERGENCY COMMUNICATION FOR THE DEAF COMMUNITY
FEMA's commitment to providing accessible emergency information for the Deaf community.
ALERTING DEVICES OR SYSTEMS
Examples of alerting devices such as tactile doorbells, alarm clocks, and baby alerting devices.
LAWSUIT AND ADVOCACY FOR CAPTIONS
Legal actions and advocacy efforts for improved captioning accessibility.
CONCLUSION
Technological advancements continue to improve accessibility and communication for the Deaf community.
Interpreters
Questions about interpreters as a profession and its impact on the Deaf community.
ADA LAWS
Definition of a qualified interpreter according to ADA laws.
A QUALIFIED INTERPRETER
Characteristics of a qualified interpreter and the importance of accurate interpretation.
GETTING STARTED
Resources and preparation needed for becoming a professional sign language interpreter.
NEED FOR INTERPRETERS
Demand for qualified interpreters and opportunities in the field.
PROSPECTIVE INTERPRETERS
Skills and qualifications required for prospective interpreters.
TYPES OF INTERPRETERS
Different categories of interpreters: agency, freelance, and contracted interpreters.
HOW TO REQUEST AN ASL INTERPRETER?
Process and resources for requesting ASL interpreters.
VARIOUS TYPES OF SIGN LANGUAGE INTERPRETATION
Overview of different types of interpretation methods, including ASL/English, low vision, oral, transliteration, etc.
TIPS FOR COVERED ENTITIES
Considerations for entities providing interpreter services.
CERTIFIED DEAF INTERPRETER
Role and qualifications of a Certified Deaf Interpreter (CDI).
NELSON MANDELA’S FUNERAL SERVICE
Mention of Nelson Mandela’s funeral service as a notable event requiring interpretation.

3/6/2024 notes:

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- LEGAL PROTECTION BEGINS AT BIRTH
  - Early Hearing Detection and Intervention Act (EDHI) 2010 and amended in 2012
  - Linked to Newborn Hearing Screening
  - Mandates States to provide audiological and early childhood intervention programs.
  - The Joint Commission for Infant Hearing (JCIH, 2019) recommends screening by 1 month, identification by 3 months, and fitting with hearing aids by 6 months.
  - Recommends Deaf sign language teachers and mentors in the EDHI early intervention phase.
- THE INVOLVEMENT OF MULTICULTURALISM AT HOME AND IN THE CLASSROOM
  - Vygotsky (1980)
  - Socially mediated learning through interactions with an expert or more experienced others.
  - Emphasizes the role of a 'more knowledgeable other' (MKO).
- HOW MUCH IF THIS IS AVAILABLE TO OUR DEAF CHILDREN??
  - McCay Vernon
  - The assessment of individuals must be specific and appropriate for identifying skills and learning capacity.
  - Challenges persist with assessment adequacy for D/deaf individuals today.
- INTELLIGENCE
  - The story of Junius Wilson
  - Illustrates historical challenges faced by a Black, profoundly deaf individual in North Carolina.
  - Raises questions about the mislabeling of Deaf individuals based on conventional intelligence testing.
- ABSTRACT AND CONCRETE THINKERS
  - Historical perspective
  - Psychologists mislabeled Deaf people as less intelligent and misclassified them as concrete rather than abstract thinkers.
  - Concrete thinkers experience the world through familiar objects, while abstract thinkers find principles in recurring events.
- MCCAY VERNON
  - Challenges in assessment
  - Emphasizes the ongoing issue of specific and appropriate assessment for D/deaf individuals.
- THE RELATIONSHIP BETWEEN THOUGHT AND LANGUAGE
  - Impact of lack of language access
  - Discusses the consequences of limited language access, including cognitive delays, mental health difficulties, and lower quality of life.
- D/SMALL(D) DEAF CHILDREN AND CULTURE
  - Language access and culture
  - Many D/deaf children lack access to their family's culture, especially when the home language is not English or Sign.
  - Questions societal norms about considering multilingualism as a strength.
- LANGUAGE
  - Importance of language
  - Highlights language as a powerful system for encoding, organizing, and remembering experiences.
  - Emphasizes the critical role of early access to language for all children.
- THE DEVELOPMENT OF MULTIPLE PATHWAY
  - Visual skills in D/deaf children
  - D/deaf children refine and utilize visual skills more than hearing peers.
  - Visual skills support learning and cognitive development, impacting memory and theory of mind.
- VISION
  - Visual characteristics in D/deaf children
  - Describes advantages and disadvantages related to peripheral vision and visual imagery in D/deaf children.
  - Considers the impact of masks during Covid on communication for D/deaf individuals.
- REASONING REPORTED DIFFICULTIES
  - Challenges in reasoning for D/deaf children
  - Identifies reported difficulties in logical reasoning, numerical and spatial reasoning, critical thinking, empathy, and creativity.
- THEORY OF MIND (TOM)
  - Development of Theory of Mind in Deaf children
  - Discusses the ability to understand others' feelings, intentions, and emotions in Deaf children.
  - Links this ability to parents' sign language proficiency and its association with social and emotional development.
- EXECUTIVE FUNCTIONING (EF)
  - Importance of EF in Deaf individuals
  - Emphasizes the role of EF skills in supporting organization, behavior control, problem-solving, and learning.
  - Links EF skills to early language access.
- THE BRAIN
  - Language in the brain
  - Describes the distribution of language in both hemispheres and the multi-modal and multi-lingual structures in the brain.
  - Incorporates insights from fNIRS studies suggesting increased brain plasticity in multilingual individuals.
- THE THEORIES AS APPLIED TO THE DEAF
  - Linguistic interdependence and threshold theory (Cummins, 1981)
  - Discusses the common underlying language proficiency (CLP) supporting both languages.
  - Introduces Garcia's dynamic model of bilingualism with a "unitary linguistic repertoire."
- STRATEGIES TO SUPPORT LANGUAGE DEVELOPMENT IN THE D/SMALL D DEAF
  - Various language development strategies
  - Lists strategies like translanguaging, literal translation, ASL expansion, chaining, chunking/bridging, and codeswitching.
  - Highlights the importance of supporting language development in various ways.
- **LITERACY DEVELOPMENT IN THE D/DEAF
- WORLD FEDERATION OF THE DEAF
- Least Restrictive Environment
  - WFD holds that the least restrictive environment for a Deaf learner is whatever is the most enabling environment for that learner.
  - Full inclusion for a Deaf learner means a totally supportive, signing, and student-centered environment, allowing the learner to develop to their full educational, social, and emotional potential.
  - Stated in the Convention on the Rights of Persons with Disabilities.
  - Inclusion as a simple placement in a regular school without meaningful interaction is considered tantamount to exclusion, where the Deaf child may be physically present but mentally and socially absent.
- WORLD FEDERATION OF THE DEAF
  - International non-governmental organization representing approximately 70 million Deaf people worldwide.
  - Over 80 percent of these 70 million live in developing countries.
  - Recognized by the United Nations (UN) as their spokes organization.
  - Works closely with the UN and its various agencies in promoting the human rights of Deaf people.
  - Priorities include Deaf people in developing countries, the right to sign language, and equal opportunity in all spheres of life, including access to education and information.
- IDEA: PART A
  - Mandates:
  - Free and Appropriate Public Education (FAPE).
  - Least Restrictive Environment (LRE).
  - The Child First Campaign challenges the school’s interpretation of these areas.
  - Emphasizes the child’s basic rights to communicate freely using a language they choose, whether spoken, signed, or both.
- DEAF CHILDREN’S BILL OF RIGHTS
  - Highlights the child’s basic rights to communicate freely in any language they choose.
  - Emphasizes the right to socialize with Deaf peers.
  - Addresses educational placement and decision-making regarding oral and manual language.
  - Acknowledges the detrimental impacts of lack of language on Deaf people's basic concepts and world knowledge later in life.
- IDEA: PART B
  - Goals, services, annual evaluations, measurable outcomes developed with the family, teachers, and student (3 – 21 years of Age).
  - Under IDEA, the student, guardian(s), and teachers participate in developing IEP Goals for those 14 – 21 transitioning into vocational, postsecondary education, or the workplace.
- A RETURN TO ADA
  - Deaf children should be supplied with auxiliary aids, including real-time computer-aided transcription, interpreters, closed captions on TV, and videophones.
  - Title 3 of the ADA covers accessibility during trips (e.g., zoo, museums).
- SECTION 504 OF THE REHABILITATION ACT 1973
  - Applies to public and private schools and includes free lunch programs.
  - Cited in Hendrick Hudson Central School District V. Rowley (1982), a significant special education case.
- HENDRICK HUDSON CENTRAL SCHOOL DISTRICT V. ROWLEY (1982)
  - The first case in special education that reached the Supreme Court.
  - Amy Rowley's case involved the denial of a sign language interpreter, with the Supreme Court disagreeing due to their interpretation of FAPE.
  - More details can be found here.
- EVERY STUDENT SUCCEEDS ACT (ESSA) 2015
  - Replaced the No Child Left Behind Act (NCLB) 2001.
  - Provides more flexibility in determining academic standards, annual testing, and school accountability.
  - Ensures a quality education for all kids, particularly historically disadvantaged students.
- TRANSITION AND POST-SECONDARY EDUCATION
  - Post-secondary options include continuing education, vocational training, independent living, and access to adult services.
  - Transition planning under the IEP should begin from age 14 years until the 22nd birthday.
- VOCATIONAL REHABILITATIVE (VR) SERVICE
  - Services begin at age 14 during the Deaf youth’s pre-employment stage.
  - Provides job coaching to find summer employment.
  - Involves the development of the Individual Work Plan for Employment (IPE), reviewed and amended annually.
- BARRIERS
  - Generic and superficial quality of appropriate transition training during secondary school.
  - Need for more time during transition training.
  - Challenges related to living independently with or without a roommate.
- SOME STATISTICS
  - A study of Deaf adults aged 18 – 64 (Garberoglio et al., 2019).
  - Community colleges enroll 70.3% of Deaf students in 2-year associate programs.
  - Business and healthcare represent the majority, with only 26.1% in STEM.
  - Deaf students take 5 years to enroll, compared to 2 years for hearing students, with a 51% completion rate.
  - Deaf women have higher completion rates.
  - Deaf students are less racially diverse than their hearing peers.
  - Specific 'tracks' are available for more disabled students, with work training and retention remaining in underserved areas of need.
Activity
- Pros for a Student Who is Deaf/Deaf attending a School for the Deaf:
  - Cultural Connection and Identity: Students at a School for the Deaf are often immersed in Deaf culture, fostering a strong sense of identity and connection with peers who share similar experiences, language, and communication preferences.
  - Specialized Instruction: Schools for the Deaf typically have educators and staff trained in deaf education, providing specialized instruction tailored to the unique learning needs of deaf students. This can enhance academic success and personal development.
  - Accessible Environment: These schools are designed with accessibility in mind, incorporating visual and tactile aids, as well as assistive technologies, creating an environment that supports the diverse needs of deaf students.
  - Positive Peer Support: Deaf students often benefit from a supportive social environment where they can form close relationships with peers facing similar challenges. This can contribute to a positive emotional and social development.
  - Rich Language Development: Schools for the Deaf often emphasize sign language as a primary mode of communication. This can lead to rich language development in both sign language and written language skills, which may be challenging in mainstream settings.
- Cons for a Student Who is Deaf/Deaf attending a School for the Deaf:
  - Limited Exposure to Hearing World: Students attending a School for the Deaf may have limited exposure to the hearing world, potentially impacting their ability to navigate and communicate in mainstream society.
  - Possibly Limited Diversity: In some cases, Schools for the Deaf may have a more limited diversity compared to mainstream settings, potentially restricting exposure to a broader range of perspectives and experiences.
  - Resource Allocation Challenges: Smaller budgets and resources in some Schools for the Deaf may lead to fewer extracurricular activities or specialized programs compared to larger mainstream schools.
  - Potential for Over-Protection: There's a risk of over-protection, where the school environment shields students from real-world challenges, potentially affecting their ability to develop resilience and adaptability.
  - Limited Exposure to Different Communication Styles: While sign language is prevalent, students might have limited exposure to various communication styles and languages, potentially hindering their ability to adapt to diverse communication preferences in the hearing world.
- Pros for a Student Who is Deaf/Deaf attending a Mainstreaming Setting:
  - Diverse Social Environment: Mainstreaming provides exposure to a more diverse social environment, allowing students to interact with peers who have different abilities, backgrounds, and communication styles.
  - Preparation for Real-World Integration: Mainstream settings better simulate real-world scenarios, preparing deaf students for the challenges they might face in a hearing-dominated society.
  - Access to a Wide Range of Resources: Larger mainstream schools often have more resources, including extracurricular activities, advanced courses, and specialized support services, providing a comprehensive educational experience.
  - Increased Independence: Mainstreaming encourages independence, as deaf students learn to navigate a predominantly hearing environment, fostering self-advocacy and problem-solving skills.
  - Expanded Career Opportunities: Exposure to diverse academic subjects and career paths in a mainstream setting can better prepare deaf students for a wider array of professional opportunities.
- Cons for a Student Who is Deaf/Deaf attending a Mainstreaming Setting:
  - Communication Challenges: Mainstream settings may not always accommodate diverse communication needs, making it challenging for deaf students to fully engage in classroom discussions or social interactions.
  - Potential for Social Isolation: Deaf students in mainstream settings may experience social isolation due to communication barriers or a lack of understanding among peers and educators.
  - Limited Understanding of Deaf Culture: Mainstream environments may not prioritize or fully understand Deaf culture, leading to a potential lack of cultural awareness and acceptance.
  - Possible Lack of Specialized Support: Mainstream schools may lack specialized support services for deaf students, impacting their access to resources such as interpreters or note-taking assistance.
  - Educational Gaps: Without tailored instructional strategies, deaf students in mainstream settings might face educational gaps, particularly in language development and academic achievement.