Raising and Educating a Deaf Child

International experts answer your questions about the choices, controversies, and decisions faced by the parents and educators of deaf and hard-of-hearing children.

Question from C.L., Indiana

I currently live in a state that does not have a listening and spoken language program for deaf children with cochlear implants. A bordering state has such a program. My county’s district will not allow my child to go there. Is there a law that they are in violation of? Do I have the right to have my child attend this LSL school?

Question from C.L., Indiana. Posted February 2, 2017.
Response from Louis Abbate - President Emeritus, Willie Ross School for the Deaf

It is difficult to give a definitive answer without having more information. However, the guiding principle for placement decisions is the IEP. So, if your child has an IEP that calls for the delivery of services that only an LSL School can provide, and the district does not have appropriate services that meet the needs as stated in the IEP, then the district would be required to find a placement that could provide those services.

As far as “rights” go, there is the right to compliance with the regulations on the part of the district. For example, if an evaluation is requested, the district is required to provide one in a timely fashion in order to be available for review at an IEP team meeting. If you feel that the evaluation and/or IEP recommendations are inappropriate, you have the right to reject the IEP. That is, the IEP process should determine the placement based on assessment data. You and your child have the right to that, but not to an alternative placement unless it can be demonstrated that what was being offered by the district does not meet the goals of the IEP. Parental wishes are considered but not binding.

p.s. The same standard would apply through any appeals process.