It is enacted by the General Assembly as follows:

SECTION 1.Title 16 of the General Laws entitled "Education" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 25.2 ADD} {ADD INSTRUCTION FOR DEAF OR HARD OF HEARING STUDENTS ADD}

{ADD 16-25.2-1. Definitions. -- ADD} {ADD As used in this chapter: (a) "Deaf student" means an individual who has a hearing impairment which adversely affects educational performance and which is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification.

(b) "Hard of hearing student" means an individual who has a hearing impairment, whether permanent or fluctuating, which adversely affects a child's educational performance but which is not included under the definition of "deaf student" in this section.

(c) "American sign language" means the visual/gestural language used by deaf people in the United States and Canada, with semantic, syntactic, morphological and phonological rules which are distinct from English.

(d) "English sign" systems means sign systems developed for educational purposes, which use manual signs in English word order; sometimes with added affixes which are not present in American sign language.

(e) "Individualized education program" means a written statement developed for a student eligible for special education services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. section 1401(a).

(f) "Primary communication mode, style and language" means that communication mode, style and language which is preferred by and most effective for a particular student, as determined by appropriate language assessment undertaken by individuals proficient in the communication mode, style or language(s) being assessed. ADD}

{ADD 16-25.2-2. Development of program. -- ADD} {ADD In developing the individualized educational program for those students who are deaf or hard of hearing, the assessments necessary for the development of the program shall include a language assessment performed for each student to determine that student's primary communication mode, style and language. Such language assessment shall be undertaken by individuals proficient in the communication mode, style or language(s) being assessed. The communicative social, emotional and cultural needs and preferences of deaf and hard of hearing students vary widely and deserve careful consideration. The language assessment required for development of an individualized educational program shall consider the primary means of communication to which a child is accustomed, the student's ability and opportunities to communicate with others, whether hearing or not, and student and parent preferences for communication mode, style and language. Some students who are deaf or hard of hearing use American sign language, others more effectively express and receive English or another language orally and aurally, with or without visual signs or cues. Other students may most effectively use a combination of language(s) or communication modes. In order to meet the individual needs of these students,a variety of options must be available when determining an appropriate program.

In undertaking the development of an individualized educational program for deaf and hard of hearing students, the individualized educational program team shall consider the individual educational needs of each student including but not limited to each of the following factors which is appropriate for the individual student:

(1) providing the deaf or hard of hearing student with administrators, teachers, teacher aides, audiologists, speech therapists, psychologists, interpreters, and other personnel who are trained to work with deaf and hard of hearing children and are proficient in the primary language(s) and language mode(s) of those children;

(2) providing deaf or hard of hearing children with an eductional environment which includes other deaf or hard of hearing students who are of approximately the same age and ability and with whom they can directly communicate;

(3) providing deaf or hard of hearing children with opportunities to interact with adult role models who are deaf or hard of hearing;

(4) providing deaf or hard of hearing children with full access to all components of the educational process, including but not limited to recess, lunch and extracurricular activities;

(5) teaching deaf or hard of hearing children in English and American Sign Language so that they develop an "adult" level of fluency; and

(6) that the determination of the least restrictive environment as used in state and federal law takes into consideration the unique communication needs of deaf and hard of hearing children as described in this chapter. Nothing in this chapter shall be construed to require a particular language, communication or program choice for a deaf or hard of hearing student. Such determinations must be made through the individualized education decision making process for each student. ADD}

{ADD 16-25.2-3. Assessment. -- ADD} {ADD 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 consistent with the requirements of section 16-25.2-2. All such assessments shall be delivered in the student's primary communication mode, style or language as determined by a language assessment consistent with the requirements of section 16-25.2-2, shall have been validated for the specific purposes for which they are used, and shall be appropriately normed. ADD}

{ADD 16-25.2-4. Teacher certification. -- ADD} {ADD The board of regents for elementary and secondary education shall require teachers seeking certification to teach deaf and hard of hearing students after the effective date of this chapter to demonstrate competency in American sign language in addition to the English language and communication competencies already required for such certification. The board shall adopt regulations, in accordance with the provisions of the general statutes, to establish standards for assessing such competency which are consistent with the standards adopted by the registry of interpreters for the deaf provided however that the board may, through regulation, require a demonstrated level of competency less stringent than that required for interpreters. Teachers seeking certification shall be permitted to meet the requirements imposed by this section during the three (3) years of their provisional certification. ADD}

SECTION 2.This act shall take effect upon passage.