By: Zaffirini S.B. No. 1119
73R4190 CAE-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the educational rights of children who are deaf or hard
1-3 of hearing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Education Code, is amended by adding
1-6 Subchapter W to read as follows:
1-7 SUBCHAPTER W. EDUCATIONAL RIGHTS OF CHILDREN WHO ARE DEAF OR
1-8 HARD OF HEARING
1-9 Sec. 21.801. FINDINGS. (a) The legislature finds that it
1-10 is essential for the well-being and growth of deaf or hard of
1-11 hearing children that educational programs recognize the unique
1-12 nature of deafness and ensure that all deaf or hard of hearing
1-13 children have appropriate, ongoing, and fully accessible
1-14 educational opportunities. Children who are deaf use a variety of
1-15 language modes and languages, including oral and manual-visual
1-16 language. Deaf or hard of hearing children may communicate through
1-17 the language of the deaf community, American Sign Language, or
1-18 through any of a number of English-based manual-visual languages.
1-19 Deaf or hard of hearing children may use a combination of oral and
1-20 manual-visual language, sometimes referred to as total
1-21 communication, or may rely exclusively on oral-aural language.
1-22 (b) The legislature recognizes that deaf or hard of hearing
1-23 children should have the opportunity to develop proficiency in
1-24 English, whether spoken or visually represented, and American Sign
2-1 Language.
2-2 Sec. 21.802. UNIQUE COMMUNICATION. Deaf or hard of hearing
2-3 children must have an education in which their unique communication
2-4 mode is respected, utilized, and developed to an appropriate level
2-5 of proficiency.
2-6 Sec. 21.803. QUALIFICATIONS OF PERSONNEL. (a) Deaf or hard
2-7 of hearing children must have an education in which teachers,
2-8 psychologists, speech therapists, progress assessors,
2-9 administrators, and others involved in education understand the
2-10 unique nature of deafness and have been certified to work with deaf
2-11 or hard of hearing pupils. Deaf or hard of hearing children must
2-12 have an education in which their teachers are proficient in
2-13 appropriate language modes.
2-14 (b) Appropriate qualified staff shall be employed with
2-15 proficient communication skills, consistent with credentialing
2-16 requirements, to fulfill the responsibilities of the local school
2-17 district, and positive efforts must be made to employ qualified
2-18 individuals with disabilities.
2-19 (c) Regular and special personnel who work with deaf or hard
2-20 of hearing children must be adequately prepared to provide
2-21 educational instruction and services to those children.
2-22 Sec. 21.804. LANGUAGE MODE PEERS. Deaf or hard of hearing
2-23 children must have an education in the company of a sufficient
2-24 number of peers using the same language mode and with whom they can
2-25 communicate directly. The peers should be of the same, or
2-26 approximately the same, age and ability.
2-27 Sec. 21.805. PARENTAL INVOLVEMENT. Deaf or hard of hearing
3-1 children must have an education in which their parents and deaf or
3-2 hard of hearing people are involved in determining the extent,
3-3 content, and purpose of programs.
3-4 Sec. 21.806. ROLE MODELS. Deaf or hard of hearing children
3-5 shall be exposed to deaf or hard of hearing role models.
3-6 Sec. 21.807. ACCESS TO EDUCATIONAL PROCESS. Deaf or hard of
3-7 hearing children must have programs in which they have direct and
3-8 appropriate access to all components of the educational process,
3-9 including recess, lunch, and extracurricular social and athletic
3-10 activities.
3-11 Sec. 21.808. PROVISION FOR VOCATIONAL NEEDS. Deaf or hard
3-12 of hearing children must have programs in which their unique
3-13 vocational needs are provided for, including appropriate research,
3-14 curricula, programs, staff, and outreach.
3-15 Sec. 21.809. LEAST RESTRICTIVE ENVIRONMENT. Deaf or hard of
3-16 hearing children must have a determination of the least restrictive
3-17 environment. The determination must take into consideration this
3-18 subchapter and any policy of the United States Department of
3-19 Education.
3-20 Sec. 21.810. REGIONAL PROGRAMS. Regional programs for deaf
3-21 or hard of hearing children without multiple disabilities shall
3-22 meet the unique communication needs of students who can benefit
3-23 from those programs. Appropriate funding for those programs shall
3-24 be consistent with federal and state law, and money appropriated to
3-25 school districts for educational programs and services for deaf or
3-26 hard of hearing children may not be allocated or used for any other
3-27 program or service.
4-1 Sec. 21.811. APPROPRIATE EDUCATION. Each deaf or hard of
4-2 hearing child with exceptional needs is assured an education
4-3 appropriate to the child's needs in publicly supported programs
4-4 through completion of the child's prescribed course of study or
4-5 until the time the child has met proficiency standards prescribed
4-6 under this code.
4-7 Sec. 21.812. EARLY EDUCATION. (a) Early educational
4-8 opportunities shall be available and encouraged for all deaf or
4-9 hard of hearing children between birth and the age of five.
4-10 (b) Early educational opportunities may be made available to
4-11 parents and their deaf or hard of hearing children younger than
4-12 three years of age who have other disabling conditions. An
4-13 outreach parental support system must be in place for parents of
4-14 deaf or hard of hearing children, which will provide support and
4-15 information about resources and programs available for deaf or hard
4-16 of hearing children and their families. This support system shall
4-17 be made available as early as possible to the parents of deaf or
4-18 hard of hearing infants.
4-19 (c) A deaf or hard of hearing child younger than five years
4-20 who is potentially eligible for special education needs shall be
4-21 afforded the protections provided by this code and by federal law
4-22 beginning with the child's referral for special educational and
4-23 instructional services.
4-24 Sec. 21.813. LOCAL DISTRICT PLAN. (a) Education programs
4-25 for deaf or hard of hearing children must be provided under a local
4-26 school district plan that states the elements of the programs in
4-27 accordance with this code.
5-1 (b) The plan required by this section shall be developed
5-2 cooperatively by the district and a community advisory committee
5-3 comprised of persons who are deaf and use American Sign Language
5-4 and parents of deaf or hard of hearing children. The majority of
5-5 the members must be deaf. The board of trustees of the school
5-6 district shall appoint the committee.
5-7 Sec. 21.814. SPECIAL EDUCATION SERVICES. A deaf or hard of
5-8 hearing child shall be transferred from a special education program
5-9 when special education services are no longer needed.
5-10 Sec. 21.815. MATERIALS FOR ASSESSMENT AND PLACEMENT. (a)
5-11 Procedures and materials for assessment and placement of deaf or
5-12 hard of hearing children shall be selected and administered so as
5-13 not to be racially, culturally, or sexually discriminatory.
5-14 (b) A single assessment instrument may not be the sole
5-15 criterion for determining the placement of a child.
5-16 (c) The procedures and materials for the assessment and
5-17 placement of a deaf or hard of hearing child shall be in the
5-18 child's preferred mode of communication. All other procedures and
5-19 materials used with any deaf or hard of hearing child who has
5-20 limited English proficiency shall be in the child's preferred mode
5-21 of communication.
5-22 Sec. 21.816. EDUCATIONAL PROGRAMS. (a) Educational
5-23 programs for deaf or hard of hearing children must be coordinated
5-24 with other public and private agencies, including:
5-25 (1) preschools;
5-26 (2) child development programs;
5-27 (3) nonpublic, nonsectarian schools;
6-1 (4) regional occupational centers and programs; and
6-2 (5) the Texas School for the Deaf.
6-3 (b) As appropriate, the programs must also be coordinated
6-4 with postsecondary and adult programs for persons who are deaf or
6-5 hard of hearing.
6-6 Sec. 21.817. PSYCHOLOGICAL AND HEALTH SERVICES. Appropriate
6-7 psychological and health services for a student who is deaf or hard
6-8 of hearing shall be made available at the child's school site in
6-9 the child's primary mode of communication.
6-10 Sec. 21.818. EVALUATION OF PROGRAMS. Each school district
6-11 must provide continuous evaluation of the effectiveness of programs
6-12 of the district for children who are deaf or hard of hearing.
6-13 Evaluations shall follow program excellence indicators established
6-14 by the Central Education Agency.
6-15 Sec. 21.819. ADMISSION REVIEW AND DISMISSAL PLAN. (a) Each
6-16 deaf or hard of hearing child with an exceptional need shall have
6-17 the child's educational goals, objectives, special education, and
6-18 related services specified in a written admission review and
6-19 dismissal plan.
6-20 (b) The superintendent of a school district shall appoint an
6-21 individualized education program team for each deaf or hard of
6-22 hearing child in the district.
6-23 (c) The plan is a written statement determined in a meeting
6-24 of the individualized education program team. The plan must
6-25 include:
6-26 (1) an assessment of the present level of the pupil's
6-27 educational performance;
7-1 (2) a statement of the annual goals, including
7-2 short-term instructional objectives;
7-3 (3) a description of the specific special educational
7-4 instruction and related services required by the pupil;
7-5 (4) a determination of the extent to which the pupil
7-6 will be able to participate in regular educational programs and an
7-7 estimate of the date for initiation and duration of those programs
7-8 and services; and
7-9 (5) a description of the appropriate objective
7-10 criteria, evaluation procedures, and schedules for determining, at
7-11 least annually, whether the short-term instructional objectives are
7-12 being achieved.
7-13 (d) If appropriate, the plan must also include:
7-14 (1) a statement of prevocational career education for
7-15 a pupil in kindergarten or first through sixth grade or comparable
7-16 chronological age;
7-17 (2) a statement of vocational education, career
7-18 education, or work experience education, or any combination of
7-19 these educational opportunities, in preparation for remunerative
7-20 employment, including independent living skill training for a pupil
7-21 in seventh through 12th grade or comparable chronological age, who
7-22 requires differential proficiency standards under this code;
7-23 (3) a description of any alternative means and modes
7-24 necessary for a pupil in seventh through 12th grade to complete the
7-25 district's prescribed course of study and to meet or exceed
7-26 proficiency standards for graduation in accordance with this code;
7-27 (4) a statement of appropriate goals, objectives,
8-1 programs, and services in both American Sign Language and English;
8-2 (5) a statement of extended school year services, if
8-3 needed, as determined by the child's individualized education
8-4 program team;
8-5 (6) provision for the transition into a regular class
8-6 program if the pupil is to be transferred from a special class or
8-7 center, or nonpublic, nonsectarian school into a regular class in a
8-8 public school for any part of the school day, including:
8-9 (A) a description of activities provided to
8-10 integrate the pupil into the regular education program that
8-11 indicates the nature of each activity and the time spent on the
8-12 activity each day; and
8-13 (B) a description of the activities provided to
8-14 support the transition of the pupil from the special education
8-15 program into the regular education program; and
8-16 (7) for pupils without multiple disabilities, a
8-17 description of specialized services, materials, and equipment
8-18 consistent with guidelines established under this code.
8-19 Sec. 21.820. UNIQUE OR APPROPRIATE COMMUNICATION. Deaf or
8-20 hard of hearing children must have the opportunity to develop
8-21 proficiency in English, whether spoken or visually represented, and
8-22 American Sign Language. If this code refers to unique or
8-23 appropriate communication or language modes, it includes American
8-24 Sign Language and English.
8-25 SECTION 2. (a) This Act applies beginning with the
8-26 1993-1994 school year.
8-27 (b) Section 21.812, Education Code, as added by this Act,
9-1 shall be fully implemented on or before June 30, 1994.
9-2 SECTION 3. The importance of this legislation and the
9-3 crowded condition of the calendars in both houses create an
9-4 emergency and an imperative public necessity that the
9-5 constitutional rule requiring bills to be read on three several
9-6 days in each house be suspended, and this rule is hereby suspended,
9-7 and that this Act take effect and be in force from and after its
9-8 passage, and it is so enacted.