ASL: Parents’ Rights vs Deaf Babies/Children’s Rights
For some time, discussions about parental rights vs Deaf children’s right were held on the Deaf Cyberspace. Most of the discourses were illuminating and meaningful. We are actually starting to understand each other out better with less cyberbullying.
Some people insist that all Deaf babies and children have a right to ASL. Actually, no. According to the current laws, the parental rights are fundamental. Only the parents can decide what the best communication method would be for their own Deaf Children. We can give them the full, unbiased information to help them make informed decisions.
Unfortunately too many unethical and overzealous oral educators and cochlear implant proponents are guilty of misleading the parents, inflating the success rate whiles using scare tactics to turn them against ASL and Deaf Community. This shameful behavior of the oral educators have been a serious systematic problem dating back to many decades, leading to irreversible damage of linguistic competency and the effects of ineffective communication on social skills and emotional development for many oral Deaf survivors and guilt of countless parents who were betrayed by professionals they thought were acting on the behalf of Deaf babies and children, not to an biased ideology. Personally I think Attorney General should be investigating into this long-standing practice of licensed professionals in disseminating false information and holding them legally accountable, putting a stop to this unscrupulous behavior. That needs to be addressed. Seriously.
However, forcing ASL on the deaf babies and children against the wishes of their parents isn’t a good idea. Anytime we suggest an active interference of the parental rights from the government, it can be a two-edged sword. If the parents lose their rights to raise their Deaf babies and children the best they feel fit, what stops the government from going for compulsory cochlear implantation of all deaf babies and children? Recently I reported in my blog that several strong cochlear implant proponents already feel that all deaf babies and children should get cochlear implants, an eugenic philosophy which I find ominous.
Six years ago, two Deaf children were taken away from their Deaf mother in Michigan. The social worker wanted these two Deaf kids to get cochlear implants and took the case to the court because the Deaf mother, still retaining her parental rights, refused.
“We need to focus on the rights of parents and not whether we agree or disagree with cochlear implants or the choices that parents make”
And Judge Feeney seems to have understood that message.http://www.raggededgemagazine.com/drn/10_02.shtml#446
What would have happened if it wasn’t for the parental rights?
Think about that…….
Please respect my wishes for a constructive and intelligent discourse without personal insults or put downs. MZ
References:
For some time, discussions about parental rights vs Deaf children’s right were held on the Deaf Cyberspace. Most of the discourses were illuminating and meaningful. We are actually starting to understand each other out better with less cyberbullying.
Some people insist that all Deaf babies and children have a right to ASL. Actually, no. According to the current laws, the parental rights are fundamental. Only the parents can decide what the best communication method would be for their own Deaf Children. We can give them the full, unbiased information to help them make informed decisions.
Unfortunately too many unethical and overzealous oral educators and cochlear implant proponents are guilty of misleading the parents, inflating the success rate whiles using scare tactics to turn them against ASL and Deaf Community. This shameful behavior of the oral educators have been a serious systematic problem dating back to many decades, leading to irreversible damage of linguistic competency and the effects of ineffective communication on social skills and emotional development for many oral Deaf survivors and guilt of countless parents who were betrayed by professionals they thought were acting on the behalf of Deaf babies and children, not to an biased ideology. Personally I think Attorney General should be investigating into this long-standing practice of licensed professionals in disseminating false information and holding them legally accountable, putting a stop to this unscrupulous behavior. That needs to be addressed. Seriously.
However, forcing ASL on the deaf babies and children against the wishes of their parents isn’t a good idea. Anytime we suggest an active interference of the parental rights from the government, it can be a two-edged sword. If the parents lose their rights to raise their Deaf babies and children the best they feel fit, what stops the government from going for compulsory cochlear implantation of all deaf babies and children? Recently I reported in my blog that several strong cochlear implant proponents already feel that all deaf babies and children should get cochlear implants, an eugenic philosophy which I find ominous.
Six years ago, two Deaf children were taken away from their Deaf mother in Michigan. The social worker wanted these two Deaf kids to get cochlear implants and took the case to the court because the Deaf mother, still retaining her parental rights, refused.
“We need to focus on the rights of parents and not whether we agree or disagree with cochlear implants or the choices that parents make”
And Judge Feeney seems to have understood that message.http://www.raggededgemagazine.com/drn/10_02.shtml#446
What would have happened if it wasn’t for the parental rights?
Think about that…….
Please respect my wishes for a constructive and intelligent discourse without personal insults or put downs. MZ
References:
November 7th, 2008 at 11:51 am
You have started a good dialogue, and you bring up a good point about Parents’ rights vs Deaf children’s rights.
It isn’t easy to figure out until it solves problem situations between parents and Deaf children.
“However, forcing ASL on the deaf babies and children against the wishes of their parents isn’t a good idea”
It is interesting in your comment where you get the information. What about if Deaf parents have forced ASL their Deaf babies?
“Even as our laws have required that non-English- speaking children develop reading and writing skills in English, even as our courts have recognized the importance of different languages and dialects or jargons, even as our constitution has accepted that one’s language is so important as to be tantamount to cultural or national origin, there is no recognition of the truly unique language and communication needs of deaf and hard-of- hearing children.”
“Provided hearing children, not deaf children: equal protection violation?
Equal access to “flow of information”?
Equal access to same rich language, literacy, & communication environment?
Equal access to technology, testing?
Equal access to deaf and hearing peers?
Equal access to all school activities?
Equal access to best language & communication models?”
Title The Need for a Communication/Language-Driven Educational System
Lawrence Siegel, Powrie V. Doctor Chair, Gallaudet University.
November 7th, 2008 at 12:18 pm
In some cases, parental rights should not be absolute. Examples are situations where children were put in danger and it is necessary to “apprehend” the children from their parents.
There are examples in harmful families, religious cults, health-nut philosophies, social movements such as polygamy with early marriage, and separatist groups where children are raised with assumptions different than those believed healthy.
Here public education is key to overcoming bad information, not government restrictions on parents’ rights.
Education on how to recognize the child’s needs, how to be aware of one’s own desires and separate that from the child’s own needs, how to recognize success and how to spot problems before they become bigger. Education on all alternatives without biases. Emphasis on the totality of input and that none should be restricted.
November 7th, 2008 at 12:20 pm
Good posting. I see that the parental rights are blurred when it comes to the children with disabilities (I hate to use that word, “disabilities”, but it is viewed that way in the majority’s eyes
( )
I remember my very first IEP meeting, when my son was 3 years old and I 8 months pregnant with my daughter… it lasted 3 hours… all because I wanted my son to go to a deaf school and IEP said no. stating it was advocating for my son’s rights. That was my very first taste of my parental rights being disregarded… and I felt powerless and angry. Yup, at the end he went to the deaf school, but oh boy, I felt like I was viewed as an abusive parent denying my child’s rights when it is NOT true, I know…
November 7th, 2008 at 12:57 pm
Hi Florida Girl, the key words: against the wishes of their parents. If the parents want ASL, then there’s no need to use the word ‘force’. It also doesn’t matter if the parents are Deaf or Hearing. This also goes for the other side, forcing oracy on deaf children against the parents’s wishes. I hope this clarifies what I mean. You also brought up many good points which definitely need to be explored. This is a difficult balance, but we already see too many Deaf children falling between the cracks due to lack of safeguards.
Dianrez, I am in total agreement with you.
Karen,yikes. I’m glad you stood firm and got your way. The IEP team was wrong to use this approach, unfortunately this is happening too often.
Is there any state department overseeing the performances of IEP teams to ensure that they are not abusing their position to save money for their school districts? This way the parents can file an objection if they feel their parental rights are being disregarded.
November 7th, 2008 at 1:37 pm
The questions Lawrence Siegel raises in FloridaGirl’s comment, are excellent. That does need to be brought into the public discourse, so we can eventually develop laws and policies that address these issues.
We have to strike a balance between parental rights and linguistic human rights. We have to be careful to not use one at the other’s expense.
November 7th, 2008 at 1:50 pm
Harlan Lane has an excellent review of the Audism establishment in his book, “The Mask of Benevolence.” A book that should be required for every parent of a Deaf/HI child.
It is so painful to read an explanation of,
AUDITORY-VERBAL, the education philosophy pushed by the Cochlear Implant folks, “The Auditory-Verbal approach stresses the use of listening alone for the development of language….speech-reading may be actively discouraged/prevented during therapeutic activities by the adult covering their mouth, positioning themselves behind or beside the child…”
It is a human-rights abuse to try to force a person who can not hear to listen. The amplification provided by hearing-aids and cochlear implants does not replicate the power of perfectly, naturally fuctioning ears.
Yes, parents should have the ultimate decision. However, CI manufacturers and what Lane describes as the “Audism establishment” should be held accountable for misleading statements, and the mistreatment of children.
November 7th, 2008 at 2:17 pm
By the way, to answer your question in comment 4, MZ… It is usually the State Dept of Education. That recourse usually fails then you have to go up to the United States Dept of Ed.
November 7th, 2008 at 2:23 pm
Actually – I forgot one more thing. You would go first to the intermediate school district.
The process of disagreement and what to do in IEPs is pretty well covered in my blog series, My Mother’s Gone Fighting The Deaf Wars.
November 7th, 2008 at 3:13 pm
Hi MZ,
REALLY, REALLY (I am screaming lol) interesting post. And Karen’s comment shed some new light for me as well. I advocate for cochlear implants based on our experience, but I am extremely conscious of the fact that our experience is not the same as others…as we have hashed and rehashed it all comes down to parental involvement-it’s all about the family. I believe a parent has a right to choose which communication methodology to choose and above all that their choice is an educated one. So,yes access to resources is fundamental across the entire spectrum. Thanks for posting this…Jodi
November 7th, 2008 at 4:39 pm
Deaf Pundit, thanks. I was wondering why countless parents, both hearing and deaf,have difficult time demaning that the IEP team recognize their educational choices for their Deaf children, for so many years.
I came to this information recently. No wonder! I knew the funding was pretty limited, but not to that extent.
“Individuals with Disabilities Education Act (IDEA). Currently, the federal government provides less than half (17 percent) of the promised funding to cover 40 percent of each state’s “excess cost” of educating children with
disabilities. As a result, parents are forced to fight with cash-strapped school districts to get the free and appropriate education for their
children who have disabilities.”
Jodi, I am glad you are aware of the diverse experiences by Deaf children to different communication methods.
November 7th, 2008 at 5:00 pm
Tread lightly. The rights of deaf babies could end with their own parental rights taken away when they have hearing babies.
Demanding one way or other could start off a vicious cycle where deaf parents have no say, either way.
November 7th, 2008 at 5:33 pm
I’m not sure about public schools’ programs for the deaf and hard of hearing across the country, how they operate and all that but where I work, there are three programs (oral, cued speech, total communication and full mainstreaming), many of these deaf children who are considered “cream of the crop” tend to be mainstreamed full-time or placed in cued speech or oral classes while the kids who tend to have behavioral issues or learning problems or whatever are usually placed in total communication classes.
I also believe that many hearing parents of deaf children are ill-informed about IEP and their rights. They just show up, place trust on the educators and sign the papers. There are very few hearing parents with deaf children who will fight tooth and nail with the education system.
I also have worked with hearing children who have disabilities like autism or whatever, their parents are not very involved with the education system, all they do is just show up and sign IEP papers.
My question is that do hearing parents know their rights for their child’s IEP? I am pretty sure very few of them do.
What most of us do not realize is that when hearing parents who discover that their child is deaf, if they are influenced by DBC or other groups, they want to place their child in total communication (ASL setting), they find that other children have behavior issues or whatever, I’m sure they wouldn’t want their child to be placed in there. So they tend to look for programs who have deaf children who perform very well, highly intelligent or whatever, they are mostly in cued speech or oral programs. Why? I don’t know. Maybe because these parents are well-educated, they place high value on education, they want their child to receive the best education so they are more likely to place their child in this kind of program. If we are to encourage new parents to make sure that their deaf child is in an ASL environment, they try their best but are often dismayed when they see classes with kids who have behaivor issues or whatever, who are we failing? The education system? or what?? We need to reform the education system for deaf children if we want deaf children to be immersed in ASL/bilingual education as cued speech/oral programs are receiving bright deaf children.
November 7th, 2008 at 5:46 pm
I agree that we need to have the fundamental system.
I cannot imagine that if there is no fundamental system.
Choices are the part of fundamental system. That’s what America is all about.
Making sure to let the IEP be unbiased is very important.
When I look at Deaf Chip’s recent vlog, I disagree with his views strongly. I won’t comment his. To be a frank with you, I laughed when he posted the UN thing….it is not related to the fundamental system. The UN document Deaf Chip provided is for the custody of the refugees to be legal until the political asylums are all settled up.
November 7th, 2008 at 9:12 pm
No, not very many parents know their rights when it comes to IEPs. I am wondering whether it’s possible to put these rights online… Because it will vary from state to state. So if we got a list of all states’ IEP rights and put them in one place, I think that would be very helpful for parents.
And it’s not about letting the IEP be unbiased. It’s about the information the parents get, being unbiased. The IEP needs to be about what is in the best interest of the child, not in what’s the best interest of the school’s finances or about making things more convenient for the teachers.
November 7th, 2008 at 9:33 pm
Usually, if a child is in IEP, the school district is required to provide all the information about IEP, parent’s rights, etc, etc.
I think the information that they provide (in my state, that is.) seems to be comprehensive.
I wonder if parents are not reading the materials they have been given. Or, if the school district is violating their part of their duty to provide the information.
So, each state has their own IEP rights? If each state is different, how does the IEP rights of each state comes into play? Are you saying the state department of education dictates what are the parents rights? based on what?
November 7th, 2008 at 10:28 pm
Well the IEP rights are based on IDEA, and the state special education laws. And yeah, too often the schools do NOT give the parents the booklet explaining their rights.
November 8th, 2008 at 7:08 am
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November 8th, 2008 at 7:51 am
Regarding #10, Mishka, mind if you give the source of what you shared with us?
From my experiences with IEP meetings, I was ALWAYS given the booklet… and last month, I was given the revised Article 7 booklet… But that was in NYS and IN my former and current hometowns’ school districts are pretty good. So I can’t speak for other school districts…)
November 8th, 2008 at 8:48 am
Interesting post, this is something lacking in system-wide where audiologist, IEP, school districts, doctors and hosptial are the cause.
Why? These people may not know of ASL or deaf culture available or they may know but refused to provide this to parents
What can we do about that? and How?
This is where we have to start at local level in eduating state assoication to take up responsbility and go to their state legistation and propose that they pass laws forcing audiologist, IEP, school districts, doctors and hosptial to stop providing biased information to parents and provide BOTH available options to parents in neutral and unbaised information and inform parents “here is this and that” feel free to contact this and that for additional information and provide FACTS to the parents.
This way parents will not be mislead from biased IEP or biased audiologist, biased doctors, etc all because of one-sided view that deaf needs to be fixed.
November 8th, 2008 at 8:50 am
Clarification to my statement above “go to their state legistation and propose that they pass laws”
I left out part, state legistation pass laws to provide ASL, Deaf culture AND CI” in UNBIASED” way for parents to make the right choice.
If I am not clear, let me know and I will try to clarify what I am saying.
November 9th, 2008 at 4:44 am
Why not ASL, TOO???
Why is it an EITHER/OR choice?
Why must Hearing Parents of Deaf children be forced to CHOOSE between ASL and technological solutions like CIs???
Why shouldn’t they be steered in BOTH WAYS??? Want to implant your child? GOOD. Learn ASL TOO!
Give your child BOTH the advances in technology AND a chance to participate in the Deaf Community.
WHY NOT???
November 9th, 2008 at 11:24 am
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November 10th, 2008 at 3:22 pm
Blue Jay’s (#12) comment illuminates the problem of school choices with an ASL environment. If the parents have a bright deaf child with no behavior/other disabilities issues, they would certainly want their child in an encouraging academic environment to develop his language and stay on par with his hearing peers’ education.
Blue Jay has pointed out myriad problems within the deaf education system with examples. There are not many deaf schools that are academically demanding and on par with hearing education systems, both public and private.
Another problem is that many parents cannot relocate to be near a good deaf school for their deaf child for a number of reasons.
It’s not a wonder that some parents who have the insurance coverage choose the cochlear implant and AVT route because this option may give their child a chance to attend the better hearing education system, in a school near his family. It’s a gamble some parents are willing to take, especially when they read about the dismal academic statistics for deaf children who attend deaf schools. *sigh*
The deaf education system is a kind of Catch-22 for parents of a deaf child.
February 6th, 2009 at 12:26 pm
Mom Blogs – Blogs for Moms…
…
March 24th, 2009 at 1:14 am
Get this Deaf and dumb student out of our school. Put him in a Deaf school or home school him. He is going to infect our children with all his illness’s and do it NOW
May 28th, 2009 at 6:50 am
I see that most of the post are from 08′ but I am responding anyways. I am a hearing parent with 5 children, 2 of them are deaf. I want all parents to be informed totally, I was only told about the oral approach, I want every parent to ask themselves one question. Do I care about the needs of my child? In saying this picture us in an ER with our daughter who is just over 2 and the doctors ask us where does she hurt and we can’t even answer that question because she has not had enough exsposure to ASL and the Oral Approuch has not worked. I have a hearing 2 year old at the moment when we had to take her to the doctor she had no problem telling them what the problem was. Even if we inplanted our now 4yr old as early as you can, she still would not have been able to communicate her simple needs, I now have a 9m baby and already she can tell me when she wants a bottle(milk). Parent need not be scared but that is what the professional do to them, you are looking for help and they are pushing there views down your throat. Also I have spoken to quite a few people with CI and they have told me that it took them at least a yr to learn how to tell the diff from people talking and background noise. also hearing aids break down so do CI. One man I talked to told me whatever you do teach your girls sign, he has degenerative hearing loss. So he is now trying to learn it in his 30′s, much easier to learn when they are small. My Daughter already signs faster than I can and she has only been learning it for 1 1/2 yrs.