By: Zaffirini S.B. No. 1119 A BILL TO BE ENTITLED AN ACT 1-1 relating to the educational rights of students who are deaf and/or 1-2 hard of hearing. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 21, Education Code, is amended by adding 1-5 Subchapter W to read as follows: 1-6 SUBCHAPTER W. EDUCATIONAL RIGHTS OF STUDENTS WHO ARE 1-7 DEAF AND/OR HARD OF HEARING 1-8 Sec. 21.801. DEFINITIONS. In this subchapter: 1-9 (1) "Admission, review, and dismissal committee" means 1-10 the committee required by State Board of Education rules to develop 1-11 the individualized education program required by the federal 1-12 Individuals With Disabilities Education Act (20 U.S.C. Section 1400 1-13 et seq.) for any student needing special education. 1-14 (2) "English" includes writing, reading, speech, 1-15 speech reading, cued speech, and any English-based manual-visual 1-16 method of communication. 1-17 (3) "American Sign Language" means a complete, visual, 1-18 and manual language with its own grammar and syntax. 1-19 (4) "Unique or appropriate communication or language 1-20 modes" includes English and American Sign Language. 1-21 Sec. 21.802. FINDINGS. (a) The legislature finds that it 1-22 is essential for the well-being and growth of students who are deaf 1-23 and/or hard of hearing that educational programs recognize the 1-24 unique nature of deafness and the hard-of-hearing condition and 2-1 ensure that all students who are deaf and/or hard of hearing have 2-2 appropriate, ongoing, and fully accessible educational 2-3 opportunities. Students who are deaf and/or hard of hearing may 2-4 choose to use a variety of language modes and languages, including 2-5 oral and manual-visual language. Students who are deaf may choose 2-6 to communicate through the language of the deaf community, American 2-7 Sign Language, or through any of a number of English-based 2-8 manual-visual languages. Students who are hard of hearing may 2-9 choose to use spoken and written English, including speech reading 2-10 or lip reading, together with amplification instruments, such as 2-11 hearing aids, cochlear implants, or assistive listening systems, to 2-12 communicate with the hearing population. Students who are deaf 2-13 and/or hard of hearing may choose to use a combination of oral or 2-14 manual-visual language systems, including cued speech, manual 2-15 signed systems, and American Sign Language, or may rely exclusively 2-16 on the oral-aural language of their choice. Students who are deaf 2-17 and/or hard of hearing also may use other technologies to enhance 2-18 language learning. 2-19 (b) The legislature recognizes that students who are deaf 2-20 and/or hard of hearing should have the opportunity to develop 2-21 proficiency in English, including oral or manual-visual methods of 2-22 communication, and American Sign Language. 2-23 Sec. 21.803. UNIQUE COMMUNICATION. Students who are deaf 2-24 and/or hard of hearing must have an education in which their unique 2-25 communication mode is respected, used, and developed to an 2-26 appropriate level of proficiency. 2-27 Sec. 21.804. QUALIFICATIONS OF PERSONNEL. (a) Students who 3-1 are deaf and/or hard of hearing must have an education in which 3-2 teachers, psychologists, speech therapists, progress assessors, 3-3 administrators, and others involved in education understand the 3-4 unique nature of deafness and the hard-of-hearing condition. 3-5 Teachers of students who are deaf and/or hard of hearing either 3-6 must be proficient in appropriate language modes or use an 3-7 interpreter certified in appropriate language modes if 3-8 certification is available. 3-9 (b) Appropriate qualified staff shall be employed with 3-10 proficient communications skills, consistent with credentialing 3-11 requirements, to fulfill the responsibilities of the local school 3-12 district, and positive efforts must be made to employ qualified 3-13 individuals with disabilities. 3-14 (c) Regular and special personnel who work with students who 3-15 are deaf and/or hard of hearing must be adequately prepared to 3-16 provide educational instruction and services to those students. 3-17 Sec. 21.805. LANGUAGE MODE PEERS. If practicable and not in 3-18 conflict with any admission, review, and dismissal committee 3-19 recommendations, students who are deaf and/or hard of hearing must 3-20 have an education in the company of a sufficient number of peers 3-21 using the same language mode and with whom they can communicate 3-22 directly. If practicable, the peers must be of the same or 3-23 approximately the same age and ability. 3-24 Sec. 21.806. FAMILIAL AND ADVOCATE INVOLVEMENT. Students 3-25 who are deaf and/or hard of hearing must have an education in which 3-26 their parents or legal guardians and advocates for their parents or 3-27 legal guardians are involved in determining the extent, content, 4-1 and purpose of programs. Other individuals, including individuals 4-2 who are deaf and/or hard of hearing, may be involved at the 4-3 discretion of parents or legal guardians or the school district. 4-4 Sec. 21.807. ROLE MODELS. Students who are deaf and/or hard 4-5 of hearing shall be given the opportunity to be exposed to deaf or 4-6 hard-of-hearing role models. 4-7 Sec. 21.808. REGIONAL PROGRAMS. Regional programs for 4-8 students who are deaf and/or hard of hearing shall meet the unique 4-9 communication needs of students who can benefit from those 4-10 programs. Appropriate funding for those programs shall be 4-11 consistent with federal and state law, and money appropriated to 4-12 school districts for educational programs and services for students 4-13 who are deaf and/or hard of hearing may not be allocated or used 4-14 for any other program or service. 4-15 Sec. 21.809. COMPOSITION OF LOCAL SPECIAL EDUCATION ADVISORY 4-16 COMMITTEE. If practicable, in a school district in which there are 4-17 students who are deaf and/or hard of hearing, the local special 4-18 education advisory committee required under State Board of 4-19 Education rule must include persons who are deaf and/or hard of 4-20 hearing and parents and legal guardians of students who are deaf 4-21 and/or hard of hearing. 4-22 Sec. 21.810. PROCEDURES AND MATERIALS FOR ASSESSMENT AND 4-23 PLACEMENT. (a) Procedures and materials for assessment and 4-24 placement of students who are deaf and/or hard of hearing shall be 4-25 selected and administered so as not to be racially, culturally, or 4-26 sexually discriminatory. 4-27 (b) A single assessment instrument may not be the sole 5-1 criterion for determining the placement of a child. 5-2 (c) The procedures and materials for the assessment and 5-3 placement of a student who is deaf and/or hard of hearing shall be 5-4 in the student's preferred mode of communication. All other 5-5 procedures and materials used with any student who is deaf and/or 5-6 hard of hearing who has limited English proficiency shall be in the 5-7 student's preferred mode of communication. 5-8 Sec. 21.811. EDUCATIONAL PROGRAMS. (a) Educational 5-9 programs for students who are deaf and/or hard of hearing must be 5-10 coordinated with other public and private agencies, including: 5-11 (1) early childhood intervention programs; 5-12 (2) preschools; 5-13 (3) child development programs; 5-14 (4) nonpublic, nonsectarian schools; 5-15 (5) regional occupational centers and programs; and 5-16 (6) the Texas School for the Deaf. 5-17 (b) As appropriate, the programs must also be coordinated 5-18 with postsecondary and adult programs for persons who are deaf 5-19 and/or hard of hearing. 5-20 Sec. 21.812. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate 5-21 psychological counseling services for a student who is deaf and/or 5-22 hard of hearing shall be made available at the student's school 5-23 site in the student's primary mode of communication. In the case 5-24 of a student who is hard of hearing, appropriate auditory systems 5-25 to enhance oral communication shall be used if required by the 5-26 student's admission, review, and dismissal committee. 5-27 Sec. 21.813. EVALUATION OF PROGRAMS. Each school district 6-1 must provide continuous evaluation of the effectiveness of programs 6-2 of the district for students who are deaf and/or hard of hearing. 6-3 If practicable, evaluations shall follow program excellence 6-4 indicators established by the Central Education Agency. 6-5 Sec. 21.814. TRANSITION INTO REGULAR CLASS. In addition to 6-6 satisfying requirements of the admission, review, and dismissal 6-7 committee and to satisfying requirements under state and federal 6-8 law for vocational training, each school district shall develop and 6-9 implement a transition plan for the transition of a student who is 6-10 deaf and/or hard of hearing into a regular class program if the 6-11 student is to be transferred from a special class or center or 6-12 nonpublic, nonsectarian school into a regular class in a public 6-13 school for any part of the school day. The transition plan must 6-14 provide for activities: 6-15 (1) to integrate the student into the regular 6-16 education program and specify the nature of each activity and the 6-17 time spent on the activity each day; and 6-18 (2) to support the transition of the student from the 6-19 special education program into the regular education program. 6-20 SECTION 2. This Act applies beginning with the 1993-1994 6-21 school year. 6-22 SECTION 3. The importance of this legislation and the 6-23 crowded condition of the calendars in both houses create an 6-24 emergency and an imperative public necessity that the 6-25 constitutional rule requiring bills to be read on three several 6-26 days in each house be suspended, and this rule is hereby suspended, 6-27 and that this Act take effect and be in force from and after its 7-1 passage, and it is so enacted.