Will the Courts Go Bi-Bi? IDEA 1997, the Courts, and Deaf Education

Abstract

An innovative instructional philosophy in the field of deaf education—bilingual-bicultural (bi-bi) education—is likely to raise new questions for courts to consider in interpreting the Individuals with Disabilities Education Act. This article reviews past litigation concerning the education of children who are deaf or hard of hearing and explores the new language of IDEA ′97 as it affects communication issues for these children. Arguing that IDEA ′97 and the 1999 implementing regulations make it more difficult for schools to ignore the primary language and preferred mode of communication of children who are deaf the authors speculate that courts may be less likely to view language and communication modes as educational methods and, therefore, less likely to defer to the decisions of school authorities than in past court cases.