1-1 By: Zaffirini S.B. No. 1119 1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read 1-3 first time and referred to Committee on Education; April 29, 1993, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 7, Nays 0; April 29, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Ratliff x 1-9 Haley x 1-10 Barrientos x 1-11 Bivins x 1-12 Harris of Tarrant x 1-13 Luna x 1-14 Montford x 1-15 Shapiro x 1-16 Sibley x 1-17 Turner x 1-18 Zaffirini x 1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 1119 By: Zaffirini 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to the educational rights of students who are deaf and/or 1-23 hard of hearing. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Chapter 21, Education Code, is amended by adding 1-26 Subchapter W to read as follows: 1-27 SUBCHAPTER W. EDUCATIONAL RIGHTS OF STUDENTS WHO ARE 1-28 DEAF AND/OR HARD OF HEARING 1-29 Sec. 21.801. DEFINITIONS. In this subchapter: 1-30 (1) "Admission, review, and dismissal committee" means 1-31 the committee required by State Board of Education rules to develop 1-32 the individualized education program required by the federal 1-33 Individuals With Disabilities Education Act (20 U.S.C. Section 1400 1-34 et seq.) for any student needing special education. 1-35 (2) "English" includes writing, reading, speech, 1-36 speech reading, cued speech, and any English-based manual-visual 1-37 method of communication. 1-38 (3) "American Sign Language" means a complete, visual, 1-39 and manual language with its own grammar and syntax. 1-40 (4) "Unique or appropriate communication or language 1-41 modes" includes English and American Sign Language. 1-42 Sec. 21.802. FINDINGS. (a) The legislature finds that it 1-43 is essential for the well-being and growth of students who are deaf 1-44 and/or hard of hearing that educational programs recognize the 1-45 unique nature of deafness and the hard-of-hearing condition and 1-46 ensure that all students who are deaf and/or hard of hearing have 1-47 appropriate, ongoing, and fully accessible educational 1-48 opportunities. Students who are deaf and/or hard of hearing may 1-49 choose to use a variety of language modes and languages, including 1-50 oral and manual-visual language. Students who are deaf may choose 1-51 to communicate through the language of the deaf community, American 1-52 Sign Language, or through any of a number of English-based 1-53 manual-visual languages. Students who are hard of hearing may 1-54 choose to use spoken and written English, including speech reading 1-55 or lip reading, together with amplification instruments, such as 1-56 hearing aids, cochlear implants, or assistive listening systems, to 1-57 communicate with the hearing population. Students who are deaf 1-58 and/or hard of hearing may choose to use a combination of oral or 1-59 manual-visual language systems, including cued speech, manual 1-60 signed systems, and American Sign Language, or may rely exclusively 1-61 on the oral-aural language of their choice. Students who are deaf 1-62 and/or hard of hearing also may use other technologies to enhance 1-63 language learning. 1-64 (b) The legislature recognizes that students who are deaf 1-65 and/or hard of hearing should have the opportunity to develop 1-66 proficiency in English, including oral or manual-visual methods of 1-67 communication, and American Sign Language. 1-68 Sec. 21.803. UNIQUE COMMUNICATION. Students who are deaf 2-1 and/or hard of hearing must have an education in which their unique 2-2 communication mode is respected, used, and developed to an 2-3 appropriate level of proficiency. 2-4 Sec. 21.804. QUALIFICATIONS OF PERSONNEL. (a) Students who 2-5 are deaf and/or hard of hearing must have an education in which 2-6 teachers, psychologists, speech therapists, progress assessors, 2-7 administrators, and others involved in education understand the 2-8 unique nature of deafness and the hard-of-hearing condition. 2-9 Teachers of students who are deaf and/or hard of hearing either 2-10 must be proficient in appropriate language modes or use an 2-11 interpreter certified in appropriate language modes if 2-12 certification is available. 2-13 (b) Appropriate qualified staff shall be employed with 2-14 proficient communications skills, consistent with credentialing 2-15 requirements, to fulfill the responsibilities of the local school 2-16 district, and positive efforts must be made to employ qualified 2-17 individuals with disabilities. 2-18 (c) Regular and special personnel who work with students who 2-19 are deaf and/or hard of hearing must be adequately prepared to 2-20 provide educational instruction and services to those students. 2-21 Sec. 21.805. LANGUAGE MODE PEERS. If practicable and not in 2-22 conflict with any admission, review, and dismissal committee 2-23 recommendations, students who are deaf and/or hard of hearing must 2-24 have an education in the company of a sufficient number of peers 2-25 using the same language mode and with whom they can communicate 2-26 directly. If practicable, the peers must be of the same or 2-27 approximately the same age and ability. 2-28 Sec. 21.806. FAMILIAL AND ADVOCATE INVOLVEMENT. Students 2-29 who are deaf and/or hard of hearing must have an education in which 2-30 their parents or legal guardians and advocates for their parents or 2-31 legal guardians are involved in determining the extent, content, 2-32 and purpose of programs. Other individuals, including individuals 2-33 who are deaf and/or hard of hearing, may be involved at the 2-34 discretion of parents or legal guardians or the school district. 2-35 Sec. 21.807. ROLE MODELS. Students who are deaf and/or hard 2-36 of hearing shall be given the opportunity to be exposed to deaf or 2-37 hard-of-hearing role models. 2-38 Sec. 21.808. REGIONAL PROGRAMS. Regional programs for 2-39 students who are deaf and/or hard of hearing shall meet the unique 2-40 communication needs of students who can benefit from those 2-41 programs. Appropriate funding for those programs shall be 2-42 consistent with federal and state law, and money appropriated to 2-43 school districts for educational programs and services for students 2-44 who are deaf and/or hard of hearing may not be allocated or used 2-45 for any other program or service. 2-46 Sec. 21.809. COMPOSITION OF LOCAL SPECIAL EDUCATION ADVISORY 2-47 COMMITTEE. If practicable, in a school district in which there are 2-48 students who are deaf and/or hard of hearing, the local special 2-49 education advisory committee required under State Board of 2-50 Education rule must include persons who are deaf and/or hard of 2-51 hearing and parents and legal guardians of students who are deaf 2-52 and/or hard of hearing. 2-53 Sec. 21.810. PROCEDURES AND MATERIALS FOR ASSESSMENT AND 2-54 PLACEMENT. (a) Procedures and materials for assessment and 2-55 placement of students who are deaf and/or hard of hearing shall be 2-56 selected and administered so as not to be racially, culturally, or 2-57 sexually discriminatory. 2-58 (b) A single assessment instrument may not be the sole 2-59 criterion for determining the placement of a child. 2-60 (c) The procedures and materials for the assessment and 2-61 placement of a student who is deaf and/or hard of hearing shall be 2-62 in the student's preferred mode of communication. All other 2-63 procedures and materials used with any student who is deaf and/or 2-64 hard of hearing who has limited English proficiency shall be in the 2-65 student's preferred mode of communication. 2-66 Sec. 21.811. EDUCATIONAL PROGRAMS. (a) Educational 2-67 programs for students who are deaf and/or hard of hearing must be 2-68 coordinated with other public and private agencies, including: 2-69 (1) early childhood intervention programs; 2-70 (2) preschools; 3-1 (3) child development programs; 3-2 (4) nonpublic, nonsectarian schools; 3-3 (5) regional occupational centers and programs; and 3-4 (6) the Texas School for the Deaf. 3-5 (b) As appropriate, the programs must also be coordinated 3-6 with postsecondary and adult programs for persons who are deaf 3-7 and/or hard of hearing. 3-8 Sec. 21.812. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate 3-9 psychological counseling services for a student who is deaf and/or 3-10 hard of hearing shall be made available at the student's school 3-11 site in the student's primary mode of communication. In the case 3-12 of a student who is hard of hearing, appropriate auditory systems 3-13 to enhance oral communication shall be used if required by the 3-14 student's admission, review, and dismissal committee. 3-15 Sec. 21.813. EVALUATION OF PROGRAMS. Each school district 3-16 must provide continuous evaluation of the effectiveness of programs 3-17 of the district for students who are deaf and/or hard of hearing. 3-18 If practicable, evaluations shall follow program excellence 3-19 indicators established by the Central Education Agency. 3-20 Sec. 21.814. TRANSITION INTO REGULAR CLASS. In addition to 3-21 satisfying requirements of the admission, review, and dismissal 3-22 committee and to satisfying requirements under state and federal 3-23 law for vocational training, each school district shall develop and 3-24 implement a transition plan for the transition of a student who is 3-25 deaf and/or hard of hearing into a regular class program if the 3-26 student is to be transferred from a special class or center or 3-27 nonpublic, nonsectarian school into a regular class in a public 3-28 school for any part of the school day. The transition plan must 3-29 provide for activities: 3-30 (1) to integrate the student into the regular 3-31 education program and specify the nature of each activity and the 3-32 time spent on the activity each day; and 3-33 (2) to support the transition of the student from the 3-34 special education program into the regular education program. 3-35 SECTION 2. This Act applies beginning with the 1993-1994 3-36 school year. 3-37 SECTION 3. The importance of this legislation and the 3-38 crowded condition of the calendars in both houses create an 3-39 emergency and an imperative public necessity that the 3-40 constitutional rule requiring bills to be read on three several 3-41 days in each house be suspended, and this rule is hereby suspended, 3-42 and that this Act take effect and be in force from and after its 3-43 passage, and it is so enacted. 3-44 * * * * * 3-45 Austin, 3-46 Texas 3-47 April 29, 1993 3-48 Hon. Bob Bullock 3-49 President of the Senate 3-50 Sir: 3-51 We, your Committee on Education to which was referred S.B. No. 3-52 1119, have had the same under consideration, and I am instructed to 3-53 report it back to the Senate with the recommendation that it do not 3-54 pass, but that the Committee Substitute adopted in lieu thereof do 3-55 pass and be printed. 3-56 Ratliff, 3-57 Chairman 3-58 * * * * * 3-59 WITNESSES 3-60 FOR AGAINST ON 3-61 ___________________________________________________________________ 3-62 Name: Dr. Jean Andrews x 3-63 Representing: 3-64 City: Beaumont 3-65 ------------------------------------------------------------------- 3-66 Name: Carl D. Brininstool x 3-67 Representing: Nat'l Assoc. of the Deaf 3-68 City: Manchaca 3-69 ------------------------------------------------------------------- 3-70 Name: Kathryn Caldcleugh x 4-1 Representing: Deaf Senior Citizens 4-2 City: Austin 4-3 ------------------------------------------------------------------- 4-4 Name: Lydia Cruzen x 4-5 Representing: Self Help For Hard Hearing People 4-6 City: Houston 4-7 ------------------------------------------------------------------- 4-8 Name: Gary Curtis x 4-9 Representing: TEA 4-10 City: Austin 4-11 ------------------------------------------------------------------- 4-12 Name: Gregg Davis x 4-13 Representing: Self 4-14 City: Austin 4-15 ------------------------------------------------------------------- 4-16 Name: Connie Ferguson x 4-17 Representing: Self 4-18 City: College Station 4-19 ------------------------------------------------------------------- 4-20 Name: Diane C. Hardy x 4-21 Representing: SHHH 4-22 City: Dallas 4-23 ------------------------------------------------------------------- 4-24 Name: Jerry Hassell x 4-25 Representing: Texas Deaf Caucus 4-26 City: Austin 4-27 ------------------------------------------------------------------- 4-28 Name: Fran Herrington-Borre x 4-29 Representing: Symposium Deaf & Hard Hear TXs. 4-30 City: Austin 4-31 ------------------------------------------------------------------- 4-32 Name: Ann H. Horn x 4-33 Representing: TSD-PTA/Parent 4-34 City: Austin 4-35 ------------------------------------------------------------------- 4-36 Name: Kent Kennedy x 4-37 Representing: Tx Assoc Deaf Symp. on Deafnes 4-38 City: Austin 4-39 ------------------------------------------------------------------- 4-40 Name: Ruby Kleberg x 4-41 Representing: Deaf Senior Citizen 4-42 City: Austin 4-43 ------------------------------------------------------------------- 4-44 Name: Rose Aird Minette x 4-45 Representing: Self 4-46 City: Austin 4-47 ------------------------------------------------------------------- 4-48 Name: Julius P. Seeger x 4-49 Representing: Travis Co. Assoc. Deaf Seniors 4-50 City: Austin 4-51 ------------------------------------------------------------------- 4-52 Name: Ruth M. Seeger x 4-53 Representing: Deaf Sr. Citizens Center 4-54 City: Austin 4-55 ------------------------------------------------------------------- 4-56 FOR AGAINST ON 4-57 ___________________________________________________________________ 4-58 Name: Teri Wathen x 4-59 Representing: Houston Self Help/Hard Hearing 4-60 City: Stafford 4-61 ------------------------------------------------------------------- 4-62 Name: Tommie Wells x 4-63 Representing: S.H.H.H. Ft. Worth Chapter 4-64 City: Ft. Worth 4-65 ------------------------------------------------------------------- 4-66 Name: Ralph H. White x 4-67 Representing: Self 4-68 City: Austin 4-69 -------------------------------------------------------------------