Organized by Louisiana Association of the Deaf, Inc.
Deaf Children's Education Defense Fund
The United States Department of Education (USDOE) is under attack. Section 504 is under attack. Deaf Education is under attack, and critical early intervention services provided to our Deaf, DeafBlind, and hard-of-hearing children, as well as those with other disabilities, are under attack.
The Louisiana Association of the Deaf (LAD) stands firmly against the dangerous proposal to dismantle the USDOE and Section 504. This is an effort to raise critical funds in anticipation of the legal avenues available to us to put the brakes on the dismantling of the USDOE and Section 504. This reckless action would have catastrophic consequences for Deaf, DeafBlind, and hard-of-hearing children, as well as those with other disabilities, jeopardizing their rights under Section 504 and their right to a Free Appropriate Public Education (FAPE) and the critical services they rely on.
The USDOE plays a vital role in ensuring that students with disabilities receive the legally mandated support, accessibility, and accommodations they need to thrive. Eliminating this department would dismantle essential programs, weaken enforcement of the Individuals with Disabilities Education Act (IDEA), cut funding for accommodations such as ASL Interpreters, and remove federal oversight that protects equal access to education for marginalized communities. This is an attack on our children’s future, their rights, and their ability to succeed.
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding, including schools, workplaces, and public services. For Deaf, DeafBlind, and Hard of Hearing (DDBHH) individuals, Section 504 is a critical legal safeguard ensuring equal access to education, employment, and public accommodations.
Why Section 504 Matters for the DDBHH Community:
Ensures Communication Access in Education
Requires schools and universities to provide interpreters, captioning, assistive listening devices, and other accommodations to ensure Deaf and Hard of Hearing students have equal access to learning.
Protects DeafBlind students by mandating ProTactile interpreters, SSPs (Support Service Providers), and other specialized support.
Prevents schools from forcing Deaf students into inadequate communication methods, ensuring access to American Sign Language (ASL) or other preferred communication modes.
Supports Equal Opportunities in Employment
Prohibits workplace discrimination against Deaf, DeafBlind, and Hard of Hearing employees in hiring, promotions, and job assignments.
Requires employers to provide reasonable accommodations such as interpreters, captioning services, or modified workspaces.
Guarantees Access to Public Services and Programs
Ensures hospitals, government offices, and public institutions provide qualified interpreters, captioning, and accessible communication for DDBHH individuals.
Protects the right to accessible transportation, emergency services, and community programs.
Without Section 504, many Deaf, DeafBlind, and Hard of Hearing individuals would face barriers to education, employment, and public life. This law lays the foundation for accessibility and inclusion, ensuring that DDBHH individuals have the same opportunities as their hearing peers. It remains essential in preventing discrimination and promoting full participation in society.
Why do we have a United States Department of Education in the first place? This is what we need to remember, if we forget the history behind the establishment, we are going to be doing the wrong things over and over again. It's a disservice to the disadvantaged.
Historically, states have failed to ensure equal access to education for marginalized communities, particularly those with disabilities. Without federal protections, these children would face even greater disparities in educational access, resources, and quality of services.
Here’s why:
1. There Is a Long History of State Failures in Deaf Education.
States have consistently neglected the needs of Deaf students, leading to language deprivation, lack of qualified teachers, and unequal access to education. Before federal oversight, Deaf children were often denied sign language access, placed in inappropriate mainstream settings without proper support, or received inferior education compared to their hearing peers. Many states continue to underfund Schools for the Deaf, leading to staff shortages, outdated curricula, and poor student outcomes.
2. Early Intervention Programs Are Critical For DDBHH children, and the multiple sources of funding for early intervention services designed for Deaf, DeafBlind, and Hard of Hearing (DDBHH) children come from the federal government:
▪️ Individuals with Disabilities Education Act (IDEA), Part C provides federal grants to states to support early intervention programs for infants and toddlers (birth to age 3) with disabilities, including Deaf children. States must develop Early Hearing Detection and Intervention (EHDI) programs to identify and support Deaf infants as early as possible. Services include speech therapy, sign language instruction, auditory-verbal therapy, and other developmental support.
▪️ Maternal and Child Health Block Grant (MCHB) funds Early Hearing Detection and Intervention (EHDI) programs, ensuring that all newborns receive hearing screenings before leaving the hospital.
Supports follow-up diagnostics and early intervention referrals.
▪️ Medicaid & Children's Health Insurance Program (CHIP) covers costs for assistive technology (e.g., hearing aids, cochlear implants) and early intervention therapies for eligible low-income families.
▪️ Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program mandates access to medically necessary services, including intervention for Deaf children.
▪️ Head Start & Early Head Start provides education and developmental support for young children, including those who are Deaf. Offers language access, assistive technologies, and inclusive learning environments.
While federal funds provide critical support, early intervention programs are administered at the state level, meaning states:
▪️ Decide how to allocate the federal funding.
▪️ Establish eligibility criteria for services beyond what federal law mandates.
▪️ Provide additional funding to supplement federal grants, which leads to state-by-state variations in service quality and availability.
The problem is states vary in how they implement and fund early intervention, some Deaf children do not receive full language access, particularly in states that:
▪️ Prioritize spoken language and cochlear implants over bilingual (ASL & English) education.
▪️ Have poor oversight of early intervention programs.
▪️ Lack of qualified professionals (Teachers of the Deaf, ASL specialists, Deaf mentors).
Early intervention for Deaf children is mostly funded by the federal government but administered and supplemented by the states, creating inconsistencies in access and quality. While it is not a perfect system by our standards, federal programs like these ensure a basic level of support and why federal oversight remains critical to prevent widespread ignorance and of course, language deprivation.
3. Unequal Standards & Lack of Accountability.
Without the Individuals with Disabilities Education Act (IDEA)—which is enforced by the U.S. Department of Education—states would not be required to provide Deaf students with:
▪️ Qualified Teachers of the Deaf.
▪️ Access to American Sign Language (ASL) instruction.
▪️ Appropriate accommodations such as Interpreters, CART services, and DeafBlind interveners.
▪️ IEPs (Individualized Education Programs) that truly meet their needs.
*Many states would simply cut costs by placing Deaf children in mainstream classrooms without the appropriate support, leading to educational neglect and long-term harm.
4. Funding Disparities Will Hurt Deaf Education.
Federal oversight ensures that states receive funding based on compliance with laws like IDEA and the Americans with Disabilities Act (ADA). If education were left entirely to the states, wealthier states might fund better programs while poorer states would slash special education budgets, disproportionately harming DDBHH students in underfunded regions.
5. The Risk of Language Deprivation Without Federal Protection.
Many states still push oral-only education, denying Deaf children access to ASL. Without federal enforcement of language access rights, states could continue harmful practices that lead to language deprivation syndrome, causing long-term cognitive and social damage. The U.S. Department of Education plays a key role in holding states accountable for ensuring that Deaf children have full access to language, literacy, and academic success.
6. Civil Rights & Equal Access Are a National Issue, Not Just a State Issue. Education is a civil right, and DDBHH students should not have wildly different educational experiences based on where they live. Federal oversight ensures that minimum standards are upheld across all states, preventing systemic discrimination and neglect.
Conclusion: Federal Oversight is Critical
The U.S. Department of Education exists to ensure that all children; including DDBHH students, receive a fair and equal education, regardless of their state’s priorities. Leaving education entirely to the states would roll back decades of progress, leading to underfunding, language deprivation, and the systematic exclusion of Deaf children from quality education.
Furthermore, without federal enforcement of Section 504, many states simply cannot be trusted to uphold the rights and dignity of DDBHH children. Removing federal oversight would set us back generations, something we cannot afford to let happen.
We hope that after reading this, you all can understand why we are sounding the alarm. Unless the Federal government can provide an alternative to provide oversight and accountability, the U.S. Department of Education will always be CRITICAL for our children.
LAD is calling on all State Associations of the Deaf and the National Association of the Deaf (NAD) to join forces in seeking an injunction to protect the fundamentals of the USDOE and Section 504.
This is not just about policy. It is about having done the due diligence, the trial and error, seeking out justice, and gaining equity for our children's right to education. We must act NOW to ensure that education remains a right, not a privilege, for every Deaf, DeafBlind, hard-of-hearing, and uniquely disabled child in this country.
Join us in this fight for our future. Together, we will not allow them to strip away the protections that generations before us fought so hard to secure. Certainly not on our watch.
Together, we can make a difference!
If you are involved with a State Association for the Deaf in another state and want to endorse this legal action, contact our Executive Director, Jay Isch.
(NOTE: Funds raised in this campaign shall be used to contribute to a collective pot in a push for a national effort, not just in Louisiana.)
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