In OneLaw’s October newsletter, Attorney Fahim Gulamali writes about considerations for d/Deaf and Hard of Hearing students in special education, we highlight the Massachusetts Commission on the Deaf and Hard of Hearing (MCDHH), we welcome Attorney Kaitlyn Millerick to the firm as Of Counsel in our Education Law practice, and there is a reminder we represent clients in criminal and juvenile delinquency matters.
Read the full October 2026 newsletter HERE.
A text version is below.
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** October 2026
Happy Halloween! Looks like perfect weather for trick-or-treating and football.
At OneLaw, Attorney Kaitlyn Millerick recently joined the firm as Of Counsel to our Education Law practice. Welcome Kaitlyn!
In our newsletter this month, Attorney Fahim Gulamali writes about considerations for d/Deaf and Hard of Hearing students in special education, we highlight the Massachusetts Commission on the Deaf and Hard of Hearing (MCDHH), and there is a reminder we represent clients in criminal and juvenile delinquency matters.
As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq.
Principal Attorney
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Beyond Access: Considerations for d/Deaf and Hard of Hearing Students in Special Education
by Fahim Gulamali, Esq.
In special education, discussions about d/Deaf and Hard of Hearing (“DHH”) students often begin and end with access: can the student perceive the instruction being delivered in the classroom? Access, however, is only the threshold inquiry. The Individuals with Disabilities Education Act (“IDEA”) requires IEP teams to consider factors beyond hearing access, including a DHH student’s exposure to a language-rich environment, a peer and role-modeled community, and incidental learning. Stopping at access can therefore result in a denial of a free appropriate public education (“FAPE”).
This article examines these examples, which practitioners and parents should weigh when deciding whether a DHH student is receiving a legally appropriate education.
First, a language-rich environment provides a student with access to complete language (i.e., signed, spoken, both, or other/augmentative and alternative communication). The American Speech-Language-Hearing Association emphasizes the importance of early exposure to a language-rich environment, noting that exposure to multiple modes of communication will provide “a strong foundation for optimal cognitive, communication, academic, social, and vocational outcomes.” This is because a child may prefer one mode of communication at one time, but their preferences for communicating and learning may change over time, depending on “the child’s needs, communication contexts, and educational settings.” In one academic setting, a child may need to sign to access their education; in another, they may need to speak. Providing a language-rich environment, in part, allows a student to learn their preferred mode of communication.
Second, exposure to peers and a role-modeled community. The United States Department of Education, as early as 1992, has recognized the importance of DHH peers and teachers, noting that “compounding the manifest educational consideration, the communication nature of the disability is inherently isolating.” United States Secretary of Education Lamar Alexander emphasized in his Notice of Policy Guidance for Deaf Students Education Services that the social, emotional, and cultural needs of a DHH student may be addressed through peer interactions and communication, as “even the availability of interpreter services in the educational setting may not address deaf children’s needs for direct and meaningful communication with peers and teachers.” Exposure to role models and peers reduces a DHH student’s isolation, fosters shared identity and culture, enhances self-advocacy, reduces listening fatigue, and promotes mutual empathy based on shared experiences.
Third, hearing students acquire social language through what is called “incidental learning.” This language acquisition allows a child to “build world and cultural knowledge that allows them to make connections and envisions lessons for successful learning and proficient literacy through information learned incidentally.” Unfortunately, a DHH student’s incidental learning is limited because much of it occurs outside of instruction, such as conversations between classes and during activities. If a DHH student is already feeling isolated and has limited access to hearing, their ability to experience incidental learning is affected. Limited access to incidental learning inhibits a DHH student’s ability to understand social norms and cues, cultural knowledge, and problem-solving skills. It can also impact their ability to emotionally regulate (e.g., navigating anger or embarrassment as it relates to their hearing loss). A Team must consider the supports a DHH student needs to ensure access to incidental learning opportunities.
The above considerations are three examples of many that must be considered when determining whether a school is meeting its legal obligation to provide FAPE to a DHH student.
If you have questions about navigating the special education process for a DHH student or any student with a disability, OneLaw is here to support you and help you understand your rights.
Attorney Fahim Gulamali represents clients in a range of education law matters and beyond.
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Welcome KAITLYN MILLERICK to OneLaw as our newest Of Counsel attorney focusing on education law.
Attorney Millerick is an experienced special education attorney. She is a graduate of Northeastern University School of Law.
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MASSACHUSETTS COMMISSION FOR THE DEAF AND HARD OF HEARING
The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) “is the principal agency in the Commonwealth representing Deaf and hard of hearing people of all ages. MCDHH provides accessible communication, education, and advocacy to consumers and private and public entities so that opportunities are fully accessible to all who are Deaf and hard of hearing.”
For parents of children who are born Deaf or with hearing loss, MCDHH offers specialized regional support services for these families and their children. MCDHH Children’s Specialists help identify needs and issues, provide information about hearing loss, make referrals to appropriate specialized resources, and assist parents in working with other public and private agencies. All Children’s’ Specialists are fluent in English and American Sign Language. Services are free of charge and confidential.
For more information, visit their website at Massachusetts Commission for the Deaf and Hard of Hearing.
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JUVENILE DELINQUENCY & CRIMINAL MATTERS
At OneLaw we represent adults in criminal matters and minors in Juvenile Court. If you, a loved one, or a friend are involved with the police or receive a notice for a court hearing, contact us for a consultation and representation.
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OneLaw represents clients in education, estate planning, residential real estate, civil rights, disability, family law, criminal and victim rights, discrimination, special needs planning, guardianship, Juvenile Court, child welfare, probate administration, Title IX, HPO/RO, and related matters.