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Under section 504 of 34 CFR 104.33-36, disabled children, including deaf and hearing impaired children are entitled to a free education. Both state and local educational facilities comply with evaluation and placement requirements of 34 CFR 104.34.
The state and local education facilities, in developing an IEP for a deaf child, must take into consideration the communication needs of the child, including the child's preferred mode of communication, linguistic needs, the severity of the loss of hearing and the potential for using residual hearing, the academic level of the child and social, emotional and cultural needs of the child.
If needed, additional needs of an individual child must be taken into consideration. If the severity of a child's needs requires a change in curriculum, the curriculum must be changed to meet the child's needs. This includes evaluators who have knowledge of specific factors “as part of the multidisciplinary team evaluating the student.” This will help to make sure the deaf student's needs are identified.
More information regarding the educational rights of deaf and hearing impaired children can be found at the U.S. Department of Education, Office for Civil Rights (http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm).