2015 -- H 5697 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- INSTRUCTION FOR DEAF OR HARD-OF-HEARING

STUDENTS

     Introduced By: Representatives Handy, Jacquard, Naughton, Messier, and Williams

     Date Introduced: February 26, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-25.2-3 of the General Laws in Chapter 16-25.2 entitled

"Instruction for Deaf or Hard of Hearing Students [See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" is hereby amended to read as follows:

     16-25.2-3. Assessment. – (a) The Rhode Island department of elementary and secondary

education shall ensure that appropriate language assessments and standardized norms are used for

the purpose of monitoring and tracking language benchmarks in both expressive and receptive

language acquisition and developmental stages towards American Sign Language (ASL) and

English literacy for all deaf and hard of hearing children. For purposes of these considerations,

language shall be considered the cognitive ability to learn and use systems of complex

communication, separate from modality employed to communicate.

     (a) (b) Individuals involved in administering assessment tools to students who are deaf or

hard of hearing shall be proficient in the student’s primary communication mode, style, or

language as determined by a language assessment American Sign Language and English

consistent with the requirements of § 16-25.2- All assessments shall be delivered in the student’s

primary communication mode, style, or language as determined by a language assessment

American Sign Language and English consistent with the requirements of § 16-25.2-2, shall have

been validated for the specific purposes for which they are used, and shall be appropriately

normed.

     (c) Language benchmarks must provide data and annual tracking that informs as to the

individual child's receptive and expressive language and cognitive abilities comparative to the

child's linguistically age-appropriate peers who are not deaf or hard-of-hearing, using ASL and/or

English in order to be school-ready.

     (d) Language benchmarks shall be chosen from existing standardized norms and shall be

selected by an advisory committee of the Rhode Island department of education as defined in

§16-25.2-3.1 (a) and (b), which would require that these benchmarks be used by a child's

individualized education program (IEP) or individual family service plan as regulated by the

department of human services (IFSP) team, to assess the progress of the child's language

development in both languages of American Sign Language and English. For purposes of this

section, English includes spoken English, written English, or English with the use of visual

supplements.

     (e) All results shall be shared with parents.

     (f) When the language assessment/benchmarks indicate that the child does not

demonstrate progress in age-appropriate expressive and receptive language skills, according to

the applicable benchmarks, the benchmarks shall be disseminated to the child’s IEP or IFSP team,

including parents and guardians of the deaf or hard-of-hearing child, along with materials and

training to ensure appropriate language growth remains a priority and continues to be monitored

annually in the child’s IEP or IFSP.

     (g) The individualized education plan (IEP) or the individual family service plan (IFSP)

must include as much detail as possible to explain the lack of such skills and make specific

recommendations as to what strategies, services, and programs will be available to assist the

child in becoming linguistically ready for kindergarten and/or linguistically age-appropriate.

     These recommendations shall be part of the child's ISFP/IEP file and all

recommendations shall be carefully considered by the child's IFSP/IEP team in developing the

child's educational plans.

     (h) A qualified language expert in American Sign Language and other language experts,

as deemed appropriate for the language acquisition of the child, shall be part of the IFSP or IEP

team.

     (i) The Rhode Island department of education with assistance of an advisory committee

as defined in §16-25.2-3.1 shall develop specific plans and regulations by January 31, 2017, to

fully implement this "language assessment" program.

     16-25.2-3.1. Implementation – (a) On or before January 1, 2016, the department shall

establish an advisory committee for purposes of soliciting input from experts on the selection of

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specific language benchmarks for children, ages of zero through twenty-one (0-21), who are deaf

or hard of hearing, reviewing and monitoring the use of existing language assessments of the deaf

and hard of hearing, and establishing and maintaining a list of qualified language assessment

evaluators.

     (b) The advisory committee shall consist of five (5) volunteers, all of whom shall be

within the field of education of the deaf and hard-of-hearing and/or within the field of first and

second language acquisition. The advisory committee shall include all of the following:

     (1) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in

curriculum and instruction in ASL and English.

     (2) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in

curriculum and instruction in spoken English, with or without visual supplements.

     (3) One professional whose expertise is in child development of deaf and hard-of-hearing

using the dual languages of ASL and English.

     (4) One professional whose expertise is in child development of the deaf and hard-of-

hearing using spoken English with or without the use of visual supplements.

     (5) One professional whose expertise is in first and second language acquisition of deaf

and hard-of-hearing.

     SECTION 2. Chapter 23-13 of the General Laws entitled "Maternal and Child Health

Services for Children with Special Health Care Needs" is hereby amended by adding thereto the

following section:

     23-13-27. Assessment for deaf and hard-of-hearing language development. – (a) The

Rhode Island department of human services with assistance of the Rhode Island department of

education’s advisory committee as defined in §16-25.2-3.1 shall develop language assessments to

monitor deaf and hard-of-hearing children's developmental language benchmarks in American

Sign Language (ASL) and English literacy and, if applicable, spoken English and visual

supplements. Language benchmarks must include data and tracking that provides information as

to the individual child's receptive and expressive language comparative to the child's age and

cognitive abilities using ASL and/or English in order to be school-ready.

     (b) Language benchmarks shall be chosen from existing standardized norms and shall be

selected by an advisory committee of the Rhode Island department of education, which would

require that these benchmarks be used by a child's individual education plan (IEP) or individual

family services plan as regulated by the department of human services (IFSP) team, to assess the

progress of the child's language development in both languages of American Sign Language and

English. For purposes of this section, English includes spoken English, written English, or

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English with the use of visual supplements.

     (c) All results shall be shared with parents.

     (d) When the language assessment/benchmarks indicate that the child does not

demonstrate progress in age-appropriate expressive and receptive language skills, according to

the applicable benchmarks, the benchmarks shall be disseminated to the child's IEP or IFSP team,

including parents and guardians of the deaf or hard-of-hearing child, along with materials and

training to ensure appropriate language growth remains a priority and continues to be monitored

annually in the child's IEP or IFSP.

     (e) The IEP or the IFSP must include as much detail as possible to explain the lack of

such skills and make specific recommendations as to what strategies, services, and programs will

be available to assist the child in becoming linguistically ready for kindergarten and/or

linguistically age-appropriate.

     These recommendations shall be part of the child's ISFP/IEP file and all

recommendations shall be carefully considered by the child's IFSP/IEP team in developing the

child's educational plans.

     (f) A qualified language expert in American Sign Language and other language experts,

as deemed appropriate for the language acquisition of the child, shall be part of the IFSP or IEP

team.

     (g) The Rhode Island department of education with assistance of an advisory committee

shall develop specific plans and regulations by January 31, 2017, to fully implement this

"language assessment" program.

     SECTION 3. This act shall take effect on July 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- INSTRUCTION FOR DEAF OR HARD-OF-HEARING

STUDENTS

***

     This act would mandate that the department of education (ages 5-21) in conjunction with

the department of human services (ages 0-3) develop programs to assess and monitor

developmental language benchmarks for deaf and hard-of-hearing children and would require that

Individual Education Plans (IEP) and Individual Family Service Plans (IFSP) include clear

recommendations and plans to assist the child in becoming linguistically age-appropriate and/or

kindergarten ready. Language experts would be part of the IEP and IFSP teams.

     This act would take effect on July 1, 2017.

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