Laws, Rules, and Regulations

Various state and federal laws impact education for students who are Deaf or Hard of Hearing. Some laws, rules, and regulations specifically address students who are Deaf or Hard of Hearing. Many of the relevant rules and regulations are listed and explained below.

Deaf or Hard of Hearing as a Disability

Individuals with Disabilities Education Act (IDEA)

In Sec. 300.8 Child with a disability, the IDEA provides the definition of a child with a disability, which includes students who are Deaf or Hard of Hearing (DHH).

Michigan Administrative Rules for Special Education (MARSE)

In the MARSE, Part 1: General Provisions, the following rules define Deaf or Hard of Hearing, speech and language impairment, severe multiple impairment, and DeafBlindness. The MARSE also provides determination guidelines.

R 340.1707 Deaf or Hard of Hearing

R 340.1710 "Speech and language impairment" defined; determination

R 340.1714 Severe multiple impairment; determination

R 340.1717 Deaf-blindness defined; determination

Evaluations

Individuals with Disabilities Education Act (IDEA)

In Sec. 300.304 Evaluation procedures, the IDEA provides requirements for evaluating students who are Deaf or Hard of Hearing (DHH).

Hearing Aids and Cochlear Implants

Individuals with Disabilities Education Act (IDEA)

The following IDEA regulations define and provide parameters for assistive technology devices and services as well as maintenance of hearing aids and surgically implanted medical devices.

Sec. 300.105 Assistive technology

Sec. 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices

Sec. 300.5 Assistive technology device

Sec. 300.6 Assistive technology service

Communication Needs

Individuals with Disabilities Education Act (IDEA)

The IDEA defines “native language” in the context of students who are Deaf or Hard of Hearing (DHH) and outlines requirements for the development of an IEP.

Sec. 300.29 Native language

Sec. 300.324 Development, review, and revision of IEP

Programs and Related Services

The following federal and state rules and regulations provide parameters for programs and related services for students who are Deaf or Hard of Hearing (DHH).

Sec. 300.34 Related services of the Individuals with Disabilities Education Act (IDEA)

R 340.1742 Programs for students who are Deaf or Hard of Hearing of the Michigan Administrative Rules for Special Education (MARSE)

Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE)

Individuals with Disabilities Education Act (IDEA)

The following IDEA regulations and guidance documents outline FAPE, LRE, and alternative placement requirements for students who are Deaf or Hard of Hearing (DHH).

Sec. 300.101 Free appropriate public education

Sec. 300.114 LRE requirements

Sec. 300.115 Continuum of alternative placements

U.S. Department of Education Guidance on Provision of a FAPE and LRE

Stern and Bosso Letters

Personnel

The Deaf Persons' Interpreters Act of 1982 (Michigan Public Act 204) regulates the standards and use of interpreters in Michigan, including in educational settings. The Qualified Interpreter rules further clarify the regulations from the Michigan Public Act 204 and other legislation.

Deaf Persons' Interpreters Act of 1982

Qualified Interpreter - General Rules

Michigan Administrative Rules for Special Education (MARSE)

In the MARSE, Part 5: Qualifications of Teachers and Other Personnel, the following rules refer to educational interpreter requirements and outline preparation program requirements for teachers of students who are Deaf or Hard of Hearing (DHH).

R 340.1793a Interpreters for the Deaf

R 340.1799c Teachers of students who are Deaf or Hard of Hearing; special requirements