ACLU-DE reviews complaint amid backlash from deaf, hard-of-hearing community

The ACLU of Delaware levied a formal complaint against Delaware’s Department of Education just before the Christmas holiday — calling for an investigation into “systemic discrimination against deaf and hard-of-hearing youth.”

Filed with the U.S. Department of Education’s Office of Civil Rights, the complaint claims Delaware is violating the Americans with Disabilities Act, while it centered largely on access to “Listening and Spoken Language” therapy. The organization called it the “gold standard” when teaching communication skills to children hard of hearing.

That has received backlash from some of the very people it hoped to empower.

Such backlash from the deaf and hard-of-hearing community is underscored by one petition started Dec. 26 — having gained more than 20,000 signatures over a holiday break. The Delaware Association of the Deaf also said it was “profoundly disturbed and disappointed” by the complaint in a response letter to ACLU-DE. And Language First, a Connecticut-based advocacy organization, wrote an open letter saying the complaint discredits other teaching methods for children, while promoting misconceptions about their language acquisition.

“Reviewing current research findings and practices in Delaware and nationwide, there is no agreed upon ‘gold standard,’ a baseless and ideologically driven claim made in your complaint,” writes the board of Delaware Association of the Deaf. “In fact, countless studies on brain development and language in infants, including Deaf infants, recommend immediate and intensive immersion in a fully accessible natural language, including ASL a natural visual language, as being critical.”

The association said LSL therapy is just one strategy, which should not discount “the documented benefits and role” of visual language or bilingual strategies. The board requested a withdrawal of the complaint entirely.

ACLU-DE hasn’t gone quite that far.

The organization removed its posts about the complaint, however, and cited time needed to review community feedback.

“We’re invested in learning more from this community as we review both our actions and our impact regarding the OCR complaint,” wrote ACLU-DE in a tweet Tuesday. “We’ll be reaching out to community members to discuss the concerns that were shared and ensure that our work does not in any way impede ASL education.”

Original complaint: Students with hearing loss in Delaware face ‘systemic discrimination,’ ACLU-DE claims

‘The question is, gold for whom?’

Concerned advocates echoed these calls to pull the complaint.

Many noted a lack of research supporting LSL therapy over other methods, while also opining that Delaware’s School for the Deaf should not be described as restrictive. ACLU-DE’s complaint claimed the state over-refers to the school.

“Schools for the deaf may very well be the least restrictive environment (LRE) for many DHH children,” writes Language First in its open letter, nodding to similar language from federal law. “Indeed, being educated in an environment where one can have direct and fully accessible communication between their teachers and peers does seem to fit the definition of ‘least restrictive.’”

Reaction is still mixed. Nick Fina, project lead for CHOICES Delaware, a grassroots organization for children with hearing loss, supported the initial complaint, saying such access issues stretch over decades. He also pointed to an upcoming informational event about LSL, set for 7 p.m. Jan. 17. 

Sara Nović started her petition late last month.

The author and instructor also wrote a letter to ACLU-DE, she shared on her social media, compiling feedback from over 50 Delaware families. She said the complaint was lodged with “out-of-date and incorrect information about deaf education and signed language,” while it posits LSL as a “gold standard” in deaf education.

“The question is, gold for whom?” she writes in the petition.

“LSL advocacy is still built on this philosophy — that deaf children must assimilate and participate in a veneer of inclusion rather than actually learning — to disastrous effect for deaf kids,” the petition also states.

Nović is the author of the “True Biz” — a New York Times best-seller following a teacher and students at a boarding school for the deaf — as well as an instructor of deaf studies and creative writing, according to her website. The Philadelphia resident continues an open call for more input from Delaware families.

And ACLU-DE is ready to hear from more residents, too.

It shared next steps that are to include “conversations with the deaf and hard of hearing community.” Specific dates or events have not yet been made known.

Do you have a story? Share your perspective with us: kepowers@gannett.com.

Kelly Powers covers race, culture and equity for Delaware Online and USA TODAY Network Northeast, with a focus on education. Contact her at kepowers@gannett.com or (231) 622-2191, and follow her on Twitter @kpowers01.