DCBR Revisited: The Deaf Child Bill of Rights Six Years Later

by Janet DesGeorges

In May of 1996, Colorado State Law 96-1041 was enacted which requires IEP teams to consider the communication needs of the student who is deaf or hard of hearing through the use of the "Communication Plan", the legal document  which is the outcome of this law.

Six years after the implementation of the Deaf Child Bill of Rights, educators and parents are still grappling with how to create an effective communication driven education for students who are deaf and hard of hearing.  It has often been said that the driving force of the Communication Plan is to have meaningful conversations within the IEP team which will result in effective strategies and services for students.  Getting beyond just "talking about it" into effective implementation is the goal for this very important law.

Understanding the Communication Plan

The "Communication Plan" is a relatively simple document.*  While there has been a suggested form from the state level, each school district is able to create their own form as long as the five basic components of the "Communication Plan" are in place.   These Five components are the following:

1. Child's primary communication mode:   The plan must include a statement identifying the child's primary communication mode as one or more of the following:  Aural, Oral, Speech-based, English Based Manual or Sign System, American Sign Language.  The IEP team cannot deny instructional opportunity based on the amount of the child's residual hearing, the ability of the parents(s) to communicate, not the child's experience with other communication modes [ECEA section 4.02(4)(k)(i)].

2.  Peers and Role Models:   The Plan must include a statement documenting that the IEP team, in addressing the child's needs, considered the availability of Deaf and Hard of Hearing role models and a Deaf/Hard of Hearing peer group of the child's communication mode or language [ECEA 4.01(4)(k)(iii).

3.  All Educational Options:   The Plan must include a statement documenting that an explanation was given of all educational options provided by the school district and available to the child [ECEA Section 4.02(4)(k)(ii)].

4.  Teacher/Professional Proficiency:   The Plan must include a statement that the teachers, interpreters, and other specialists delivering the Communication Plan to the student must have demonstrated proficiency in, and be able to accommodate for, the child's primary communication mode or language [ECEA 4.02(4)(k)(iv)].

5. Identifying School Services & Extra-Curricular Activities:  The Plan must include a statement of the communication-accessible academic instruction, school services, and extracurricular activities that the student will receive [ECEA 4.02(4)(k)(v)].

Guidelines for use have been developed in order to assist teams in the development of effective communication Plans.  For more information, see the following web pages on the H&V site:

Communication Plan Rehabilitation

What has become apparent through discussions with families and educators throughout the state is that the effective implementation of a "Communication Plan" for many students has been a very challenging and sometimes frustrating experience.  Some of the roadblocks have been a result of the following:

Steps to a Great Communication Plan:
How to Create One That Changes your Kid's Life!

Meaningful Communication Plans that have been appropriately developed and  implemented can be a useful tool in ensuring communication access for the deaf and hard of hearing child.  There are some basic components that are included in the development of an effective Communication Plan.

Because of the number of issues and discussions that need to occur, don't assume that the Communication Plan can be addressed in a few short minutes.  Make sure you think about the five components before the actual IEP meeting.  School personnel often create a 'draft Communication Plan' before any discussion takes place with the parent.  Make sure you request any drafts of the IEP  or Communication Plan prior to the meeting so you can look it over.  Better yet, take the initiative to contact different members of your IEP team to begin to collaboratively develop your own 'draft' and then disseminate it to your IEP team prior to the meeting.

In today's world of "filling out more forms", the Communication Plan can often be overlooked, and just filled out in a cursory manner.  Make sure that you have read the guidelines so that you are clearly thinking about all the components.  The following is a list of issues and action plans you may need to consider for your child's communication plan.  Remember that each child is unique, and some issues/action plans may not apply to your child.

1. Child's Primary Communication Mode

Issues may include:

Action Plans may include:

Remember that the discussion for #1 should include not only the mode of communication, but lists different environments in which the child is in throughout the day, and the effects these environments have on the child's mode of communication.  It should also list what assessments and evaluations have been done or are needed to determine mode of communication of the child and present level of functioning.  Discussions may also include parent-training needs around communication mode of the child.

2.  Peers and Role Models

Issues may include:

Action Plan may include:

3.  All Educational Options

Issues may include:

Action plan may include:

Remember!  Placement issues must be addressed in context to the student's needs and communication access.

4.  Proficiency of Staff

Issues may include:

Action plan may include:

5.  Communication Accessible Services & Extracurricular Activities

Issues may include:

Action Plan may include:

What the Future Holds

Meaningful Communication Plans can drive a student's services and educational experience.  As parents and educators, we must utilize this exceptional tool to develop and implement meaningful communication access for student's who are deaf and hard of hearing.  Let us do all we can in the coming years to overcome the barriers we have faced so far in implementing the Deaf Child's Bill of Rights.  By having the right attitude, taking the time for thoughtful and deliberate discussions about communication access, and then implementing the Communication plan as a day-to-day experience, we will begin to change the status quo of the experience of student's who are deaf and hard of hearing, having done all we can to bridge the gap and create a communication rich education for our children.