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A BILL TO BE ENTITLED
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AN ACT
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relating to language acquisition for children less than eight years |
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of age who are deaf or hard of hearing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.301, Education Code, is amended by |
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adding Subdivision (2-a) and amending Subdivision (3) to read as |
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follows: |
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(2-a) "Deaf or hard of hearing" means a hearing loss in |
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one or both ears of 20 dB HL or greater in the frequency region |
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important for speech recognition and comprehension, approximately |
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500 through 4,000 Hz. |
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(3) "English" includes writing, reading, and speech in |
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the English language [, speech reading, cued speech, and any
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English-based manual-visual method of communication]. |
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SECTION 2. Subchapter I, Chapter 29, Education Code, is |
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amended by adding Section 29.316 to read as follows: |
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Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section: |
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(1) "Advisory committee" means the advisory committee |
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established under Subsection (c). |
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(2) "Center" means the Educational Resource Center on |
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Deafness at the Texas School for the Deaf. |
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(3) "Division" means the Division for Early Childhood |
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Intervention Services of the Health and Human Services Commission. |
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(4) "Language acquisition" includes expressive and |
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receptive language acquisition and literacy development in both |
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English and American Sign Language. |
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(5) "Plan" means an individual family service plan or |
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individualized education program created under the Individuals |
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with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or |
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a plan created under Section 504, Rehabilitation Act of 1973 (29 |
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U.S.C. Section 794), for a child who is deaf or hard of hearing. |
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(6) "Team" means an individualized family service plan |
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team or individualized education program team established under the |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) or a team established under Section 504, Rehabilitation |
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Act of 1973 (29 U.S.C. Section 794), for a child who is deaf or hard |
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of hearing. |
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(b) The agency, the division, and the center jointly shall |
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develop a program as provided by this section to monitor and improve |
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the language acquisition of children less than eight years of age |
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who are deaf or hard of hearing. |
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(c) The commissioner shall establish an advisory committee |
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on language acquisition for children less than eight years of age |
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who are deaf or hard of hearing. The advisory committee consists of |
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13 members, appointed by the commissioner, who must: |
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(1) for at least seven of the members, be deaf or hard |
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of hearing; |
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(2) be fluent in American Sign Language; |
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(3) possess relevant subject matter expertise and |
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experience; and |
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(4) include the following persons: |
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(A) a parent of a child who is deaf or hard of |
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hearing and uses both English and American Sign Language; |
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(B) a parent of a child who is deaf or hard of |
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hearing and uses only English; |
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(C) five teachers who teach children who are deaf |
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or hard of hearing, including: |
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(i) a teacher who teaches children who use |
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both English and American Sign Language; |
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(ii) a teacher at a nonpublic, nonsectarian |
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school that is accredited by an organization that is recognized by |
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the Texas Private School Accreditation Commission; |
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(iii) a teacher whose expertise is in |
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curriculum and instruction in both English and American Sign |
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Language; |
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(iv) a teacher whose expertise is in |
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curriculum and instruction in English only; and |
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(v) a teacher whose expertise is in |
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language assessments for both English and American Sign Language; |
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(D) an expert who researches language outcomes |
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for children who are deaf or hard of hearing and use both English |
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and American Sign Language; |
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(E) an expert who researches language outcomes |
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for children who are deaf or hard of hearing and use only English; |
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(F) an advocate for the teaching and use of both |
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English and American Sign Language for children who are deaf or hard |
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of hearing; |
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(G) an advocate for the teaching and use of |
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English only for children who are deaf or hard of hearing; |
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(H) a specialist in early childhood intervention |
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who works with infants and toddlers who are deaf or hard of hearing |
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and use both English and American Sign Language; and |
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(I) a speech-language pathologist who |
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specializes in spoken English. |
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(d) A member of the advisory committee is not entitled to |
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compensation for services provided. |
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(e) Each year the advisory committee shall elect one of its |
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members to serve as presiding officer for a term of one year. |
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(f) The advisory committee shall: |
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(1) make recommendations to the agency, the division, |
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and the center regarding: |
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(A) the English and American Sign Language |
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assessment instruments to be included in the parent resource |
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developed under Subsection (g) and the tools or assessments for |
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educators selected under Subsection (h); and |
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(B) developments in scientific research on |
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improving the measurement of progress in the language acquisition |
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of children less than eight years of age who are deaf or hard of |
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hearing; |
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(2) advise the agency and the division on the content |
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and administration of any assessment instrument adopted by the |
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agency or the division to assess the language acquisition of |
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children less than eight years of age who are deaf or hard of |
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hearing to ensure the appropriate use of that instrument; and |
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(3) oversee the identification, assessment, and |
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assistance of children less than eight years of age who are deaf or |
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hard of hearing and who do not make satisfactory progress in |
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language acquisition as provided by Subsection (j). |
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(g) The agency, the division, and the center jointly shall |
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develop a resource designed for use by parents of children who are |
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deaf or hard of hearing to monitor and track their children's |
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language acquisition and developmental stages toward literacy in |
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both English and American Sign Language. The resource must: |
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(1) include English and American Sign Language |
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assessment instruments to assess the language acquisition of |
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children less than eight years of age who are deaf or hard of |
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hearing, selected based on the advisory committee's |
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recommendations under Subsection (f); |
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(2) be: |
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(A) appropriate for use, in both content and |
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administration, with children less than eight years of age who are |
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deaf or hard of hearing; |
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(B) written for clarity and ease of use by |
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parents; and |
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(C) aligned to: |
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(i) the agency's existing infant, toddler, |
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and preschool guidelines; |
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(ii) state standards in English; and |
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(iii) the instrument or instruments used to |
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assess the development of children with disabilities under the |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794); |
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(3) present progress in language acquisition in terms |
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of typical development of all children, by appropriate age range; |
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(4) make clear that the parent's observations of the |
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child may differ from assessment data presented at a team meeting; |
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and |
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(5) inform the parent that the parent may bring the |
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resource to a team meeting to share the parent's observations of the |
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child's development. |
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(h) The agency, the division, and the center jointly shall |
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select tools or assessments for use by educators to assess the |
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language acquisition of children less than eight years of age who |
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are deaf or hard of hearing. The tools or assessments: |
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(1) must be: |
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(A) in a format that details the stages of |
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language development for learners of English and American Sign |
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Language; |
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(B) for use by educators to track the language |
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acquisition and developmental stages toward English literacy for |
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children less than eight years of age who are deaf or hard of |
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hearing; |
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(C) selected from existing tools or assessments |
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designed to assess language acquisition for all children less than |
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eight years of age, by appropriate age range; and |
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(D) appropriate, in both content and |
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administration, for use with children less than eight years of age |
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who are deaf or hard of hearing; and |
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(2) may: |
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(A) reflect the recommendations of the advisory |
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committee under Subsection (f); and |
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(B) be used in addition to the assessment |
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required to be conducted by a team established under the |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) or Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794), as applicable, to: |
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(i) track the development of language |
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acquisition for children who are deaf or hard of hearing; and |
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(ii) establish or modify a plan. |
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(i) The agency and the division shall distribute: |
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(1) the resource developed under Subsection (g) to |
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parents and guardians of children less than eight years of age who |
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are deaf or hard of hearing; and |
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(2) the tools or assessments selected under Subsection |
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(h) and materials and training on their use to local education |
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agencies. |
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(j) A team established for a child less than eight years of |
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age who is deaf or hard of hearing must assess the child's language |
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acquisition not less than once every three months. If the child |
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does not demonstrate satisfactory progress in both English and |
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American Sign Language, as measured by a tool or assessment |
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selected under Subsection (h) or the instrument used to assess the |
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development of children with disabilities under the Individuals |
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with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), as |
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applicable, the child's team shall, as part of the process required |
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by federal law: |
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(1) explain in detail to the advisory committee the |
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reasons why the child is not making satisfactory progress; and |
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(2) recommend to the advisory committee specific |
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strategies, services, and programs to be provided to the child to |
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assist the child's language acquisition. |
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(k) Not later than July 31 of each year, the agency and the |
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division jointly shall prepare a report on the language acquisition |
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of children less than eight years of age who are deaf or hard of |
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hearing. The report must: |
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(1) rely on existing data reported in compliance with |
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federal law regarding children with disabilities; |
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(2) include information relating to the language |
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acquisition of children who are deaf or hard of hearing and who also |
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have other disabilities; |
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(3) compare progress in English literacy made by |
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children who are deaf or hard of hearing to progress in that subject |
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made by children of the same age who are not deaf or hard of hearing, |
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by appropriate age range; and |
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(4) be posted on the agency's, the division's, and the |
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center's respective Internet websites. |
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(l) The commissioner and the executive commissioner of the |
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Health and Human Services Commission shall adopt rules as necessary |
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to implement this section, including rules for implementing this |
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section in a manner that complies with federal law regarding |
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confidentiality of student medical or educational information, |
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including the Health Insurance Portability and Accountability Act |
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of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any |
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state law relating to the privacy of student information. |
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SECTION 3. (a) In this section: |
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(1) "Advisory committee" means the advisory committee |
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established under Section 29.316(c), Education Code, as added by |
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this Act. |
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(2) "Agency" means the Texas Education Agency. |
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(3) "Center" means the Educational Resource Center on |
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Deafness at the Texas School for the Deaf. |
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(4) "Division" means the Division for Early Childhood |
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Intervention Services of the Health and Human Services Commission. |
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(b) As soon as practicable after the effective date of this |
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Act, the commissioner of education shall appoint the members of the |
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advisory committee. |
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(c) Not later than January 1, 2018, the agency and the |
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division jointly shall provide to the advisory committee a list of |
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existing English and American Sign Language assessment instruments |
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that meet the requirements under Section 29.316(g)(2)(C), |
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Education Code, as added by this Act, and any relevant information |
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possessed by the agency or the division regarding those assessment |
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instruments. |
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(d) Not later than April 1, 2018, the advisory committee |
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shall make its initial recommendations to the agency and the |
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division regarding the English and American Sign Language |
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assessment instruments to be included in the parent resource |
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developed under Section 29.316(g), Education Code, as added by this |
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Act. |
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(e) Not later than April 30, 2018, the agency and the |
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division jointly shall select one or more English and American Sign |
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Language assessment instruments to be included in the parent |
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resource developed under Section 29.316(g), Education Code, as |
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added by this Act, and inform the advisory committee of the |
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instrument or instruments selected. |
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(f) As soon as practicable after the selection of one or |
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more assessment instruments under Subsection (e) of this section: |
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(1) the agency, the division, and the center jointly |
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shall develop the parent resource under Section 29.316(g), |
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Education Code, as added by this Act, and the tools or assessments |
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for educators under Section 29.316(h), Education Code, as added by |
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this Act; and |
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(2) the agency and the division shall distribute the |
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parent resource and the tools or assessments for educators as |
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provided by Section 29.316(i), Education Code, as added by this |
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Act. |
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(g) Not later than July 1, 2018, the agency and the division |
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jointly shall prepare the initial report required under Section |
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29.316(k), Education Code, as added by this Act, and ensure the |
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report is posted as required by that subsection. |
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SECTION 4. This Act takes effect September 1, 2017. |