Before the U.S. Department of Education

Comments of Richard Roehm, editor Deaf Watch Newsletter,
on the Notice of Request for Advice and Recommendations on 
Regulatory Issues Under the IDEA Amendments of 1997

July-22-1997

Introduction
Richard Roehm hereby submits these comments to the 
U.S. Department of Education on its Notice of Request for Advice and 
Recommendations on Regulatory Issues Under the IDEA Amendments of 1997.  

As a Deaf Activist I have aggressively pursued justice, fairness, 
and equality for the Deaf Community since November 1996. I have chosen 
that EDUCATION is the best way accomplish this objective.  Using the
internet to educate the Deaf community, I have helped a lot of Deaf people
empower themselves.

Advice and Recommendations
There are several areas that Richard Roehm believes require clarification 
through regulation:

Placement neutral funding:  Many children served under IDEA are 
appropriately served in specialized settings.  State funding formulas 
must ensure that this option is protected for these children.  State 
funding of State schools should not be negatively affected by new funding 
formulas.

Least restrictive environment clause and placements:  The regulations 
should clearly state that placement of a deaf child shall be in a setting 
in which the unique communication, linguistic, academic, social, 
emotional, and cultural needs of the child, including opportunities for 
peer interactions and communication, are met.  This reflects 
Department of Education policy and the new "special factors" provision of 
the Individualized Education Plan (IEP) section.  The regulations should
state that the least restrictive environment may be a specialized school or
program that includes the existence of access to communication in sign
language and/or other appropriate communication modes, qualified and
certified personnel, and the presence of deaf and hard of hearing adult role
models.

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Educational placements:  

1.  Local Education Authorities (LEAs) should be required to inform parents 
     that LEAs are required to provide a full range of placement options. 
 
2.  LEAs and parents should be required to discuss the appropriateness of each 
     placement option for the child, taking into consideration the special factors 
     outlined in the new law, if applicable.  All too often LEAs present limited 
     information and options to the parents.  This must be remedied through 
     regulations.  Placement decisions must be based on the child's IEP, and 
     always be in the context of the LRE in which appropriate services can be 
     provided.  Any setting which does not meet the communication and related 
     needs of a deaf or hard of hearing child does not allow for the provision of a 
     free appropriate public education (FAPE), and cannot be considered the LRE 
     for that child.  

Special Factors:  Regulations should clarify the new Special Factors section
of the law.  I am pleased to see that language and communication needs 
must be considered in writing the IEP for a deaf or hard of hearing child.  We 
believe regulations should clarify that: "direct communications" means face to face
communications between two people without facilitation by a third party, such as 
an interpreter; "the child's language" may include American Sign Language (ASL); 
and the child's "full range of needs" includes social, emotional, and cultural 
needs.  

Members of the IEP:  In the case of a deaf or hard of hearing child,
regulations should mandate that the IEP Team includes more than one member
with the appopriate knowledge, skills, and attributes needed to serve deaf
and hard of hearing studnets, and who is proficient in sign language and the
student's communication mode, style, or language.

Early intervention programs.  Early intervention strategies and programs,
including parent education and involvement, must include training in sign
language, and other modes of communication with deaf and hard of hearing
individuals, and information on strategies for accommodating the unique
communication and language needs of deaf and hard of hearing infants and
toddlers.

Availability of qualified educational interpreters.  Educational interpreters
should be mandated to be qualified and certified according to the highest
available interpreter standards established by nationally recognized
interpreter certification bodies.

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General curriculum:  The definition of "general curriculum" must refer to 
skills and knowledge a child is expected to learn and must make clear 
that it does not refer to a place.

Developmental delay:  Children with sensory disabilities should not be 
included in the category of "developmentally delayed" children.  Hearing 
will never develop in a deaf or hard of hearing child.  The sensory 
disability is not a delay; it is a permanent condition.  Therefore it is 
not appropriate to include sensory disabled children in this category.

Loan Service of captioned films and education media:  This loan service is
imperative in order to address the problems of illiteracy and academic 
development for those who benefit from captioned media.  No clear mandate 
exists in the new law to maintain the loan service, and I urge regulations to clarify
that the loan service shall be maintained.  

Captioning of educational, informational, and news programming:  The benefits
of providing captioned media for deaf and hard of hearing individuals can
hardly be disputed.  Captioning provides signifiant academic and literary
development opportunities.  Video programming that can typically be regarded
as "entertainment" still provide invaluable information.  The definition of
"educational, informational, and news programming" should be broad.  Material
that is educational, informational, or news cannot always be neatly
categorized.  A broad definition will help ensure captioning of the widest range of 
programming.

Thank you for the opportunity to comment on these important issues.

Respectfully submitted,



Richard Roehm
Deaf Watch Newsletter

Santa Ana, California 92701


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