Delaware ACLU updates; Interview with Mindi Failing

I’ll share an interview with the director of the Delaware School for the Deaf in relation to the ACLU of Delaware’s complaint.

Before that, I want to report that the nationwide ACLU organization released a powerful, research-based article on supporting the rights of deaf and hard of hearing’s access to language. It includes an ASL translation.

The article, written by West Resendes, a Deaf staff attorney and policy counsel, said current research shows that when deaf children are only provided with spoken language, they often do not develop age-expected spoken language skills. It said learning sign language supports subsequent learning of spoken language.

[Video clip of ASL translation of ACLU’s article]

Credit: YouTube/ACLU

Excerpts from article, accompanied with ASL translation:

“The ACLU considers the evidence-based ‘gold standard’ approach to be providing access to a natural signed language during early infancy, in addition to support for learning English and other heritage languages desired by the family. Doing so positively impacts their language, cognition, socialization, and learning.

We do not support:

The explicit withholding of access to sign language during early childhood, given the heightened risk of language deprivation that comes with such approaches.

The false idea that learning sign language might harm a child’s ability to learn to speak and should be prohibited in the household.”

[End video clip from ACLU]

Alex: You can check out the article at the link in the transcript or description. It’s full of references to studies. It’s worth saving for future reference.

Now, here is the interview with Mindi Failing.

[Begin interview]

Alex: Hello, can you introduce yourself and your position at the Delaware School for the Deaf?

Mindi Failing: Hello everyone. My name is Mindi Failing (shows sign name). I’m the director of Statewide Programs for the Deaf, Hard of Hearing, and Deaf-Blind. My role is to support the Delaware School for the Deaf and statewide programs and services for home school districts, students who go to their schools. We provide auditory services, not only at the Delaware School for the Deaf but all over the state.

Alex: I appreciate that you’re giving time for this interview. There has been a lot of attention from the nation on the state of Delaware after the ACLU of Delaware’s complaint with the Department of Education’s Office of Civil Rights. The complaint had a very negative view of the Delaware School for the Deaf. It said there were too many deaf children referred without giving them oral therapy. It had a negative view of ASL and Deaf schools. I’m curious about your first reaction, what were your colleagues’ reaction to the complaint?

Failing: My first reaction was a feeling of sadness that they had that view on the Delaware School for the Deaf. There was a lot of misinformation. We are more concerned about how it could cause confusion, misunderstandings, and look negatively on the Delaware School for the Deaf. They don’t realize how much the school does for deaf students. So it’s unfortunate.

Alex: I wonder if the ACLU of Delaware reached out to you before they filed their OCR complaint?

Failing: No, they haven’t contacted us at all. They are welcome to come and visit us. They’re welcome to discuss and share information. And collaborate together to improve services and programs for our students. With collaboration, we will succeed more. If there is division, we end up hurting the same group of deaf and hard of hearing children. So I’m hoping for collaboration so we can give more to our students.

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Alex: The ACLU of Delaware said in their filing that there were too many deaf children being referred, they were concerned that 40% was too high, and they called the Delaware School for the Deaf a segregated school. Is that an accurate description of the deaf school?

Failing: Definitely not. Again, this is misinformation. I’m not sure where they got the 40% number, the over referrals. The Delaware School for the Deaf’s enrollment numbers have been stable. To say “segregated” — they have a wrong view on the Delaware School for the Deaf that it is a restrictive environment for deaf and hard of hearing children because it’s actually the opposite. For some deaf and hard of hearing children, their least restrictive environment is having full visual access to learn. Of course, with auditory and spoken English as appropriate. But again, look at what kind of environment will help students have access to their education, to their full potential? The IEP team makes the decisions on where to place a student, on what their least restrictive environment is. The Delaware School for the Deaf is one of the options.

Alex: Just yesterday the ACLU nationwide organization, of which ACLU-DE is an affiliate of, released a powerful statement about language rights for deaf children. It clearly rebutted many of ACLU-DE’s points. How much does this help you and the Delaware School for the Deaf?

Failing: It should help a lot. We are just waiting to see what the ACLU-DE will do. Their complaint is still under review. The ACLU nationwide said the “gold standard” should be focused on a child’s early language acquisition, also the natural environment, the natural language, visual, and the family’s language as well. So I’m hopeful that the complaint will be retracted. But at the same time, I’m hoping that it will help Delaware to have more programs and services for our children.

[End interview]

Thank you so much, Mindi, for your time. We’ll keep you updated on this situation.

ACLU Nationwide statement: https://www.aclu.org/news/disability-rights/language-access-is-a-civil-right-for-both-children-and-adults

Previous story: https://www.dailymoth.com/blog/recap-of-aclu-de-complaint-and-deaf-community-pushback