85R5287 KJE-F

By: Watson S.B. No. 354

A BILL TO BE ENTITLED

AN ACT

relating to language acquisition for children less than eight years of age who are deaf or hard of hearing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.301, Education Code, is amended by adding Subdivision (2-a) and amending Subdivision (3) to read as follows:

(2-a) "Deaf or hard of hearing" means a hearing loss in one or both ears of 20 dB HL or greater in the frequency region important for speech recognition and comprehension, approximately 500 through 4,000 Hz.

(3) "English" includes writing, reading, and speech in the English language [, speech reading, cued speech, and any English-based manual-visual method of communication].

SECTION 2. Subchapter I, Chapter 29, Education Code, is amended by adding Section 29.316 to read as follows:

Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section:

(1) "Advisory committee" means the advisory committee established under Subsection (c).

(2) "Center" means the Educational Resource Center on Deafness at the Texas School for the Deaf.

(3) "Division" means the Division for Early Childhood Intervention Services of the Health and Human Services Commission.

(4) "Language acquisition" includes expressive and receptive language acquisition and literacy development in both English and American Sign Language.

(5) "Plan" means an individual family service plan or individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), for a child who is deaf or hard of hearing.

(6) "Team" means an individualized family service plan team or individualized education program team established under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), for a child who is deaf or hard of hearing.

(b) The agency, the division, and the center jointly shall develop a program as provided by this section to monitor and improve the language acquisition of children less than eight years of age who are deaf or hard of hearing.

(c) The commissioner shall establish an advisory committee on language acquisition for children less than eight years of age who are deaf or hard of hearing. The advisory committee consists of 13 members, appointed by the commissioner, who must:

(1) for at least seven of the members, be deaf or hard of hearing;

(2) be fluent in American Sign Language;

(3) possess relevant subject matter expertise and experience; and

(4) include the following persons:

(A) a parent of a child who is deaf or hard of hearing and uses both English and American Sign Language;

(B) a parent of a child who is deaf or hard of hearing and uses only English;

(C) five teachers who teach children who are deaf or hard of hearing, including:

(i) a teacher who teaches children who use both English and American Sign Language;

(ii) a teacher at a nonpublic, nonsectarian school that is accredited by an organization that is recognized by the Texas Private School Accreditation Commission;

(iii) a teacher whose expertise is in curriculum and instruction in both English and American Sign Language;

(iv) a teacher whose expertise is in curriculum and instruction in English only; and

(v) a teacher whose expertise is in language assessments for both English and American Sign Language;

(D) an expert who researches language outcomes for children who are deaf or hard of hearing and use both English and American Sign Language;

(E) an expert who researches language outcomes for children who are deaf or hard of hearing and use only English;

(F) an advocate for the teaching and use of both English and American Sign Language for children who are deaf or hard of hearing;

(G) an advocate for the teaching and use of English only for children who are deaf or hard of hearing;

(H) a specialist in early childhood intervention who works with infants and toddlers who are deaf or hard of hearing and use both English and American Sign Language; and

(I) a speech-language pathologist who specializes in spoken English.

(d) A member of the advisory committee is not entitled to compensation for services provided.

(e) Each year the advisory committee shall elect one of its members to serve as presiding officer for a term of one year.

(f) The advisory committee shall:

(1) make recommendations to the agency, the division, and the center regarding:

(A) the English and American Sign Language assessment instruments to be included in the parent resource developed under Subsection (g) and the tools or assessments for educators selected under Subsection (h); and

(B) developments in scientific research on improving the measurement of progress in the language acquisition of children less than eight years of age who are deaf or hard of hearing;

(2) advise the agency and the division on the content and administration of any assessment instrument adopted by the agency or the division to assess the language acquisition of children less than eight years of age who are deaf or hard of hearing to ensure the appropriate use of that instrument; and

(3) oversee the identification, assessment, and assistance of children less than eight years of age who are deaf or hard of hearing and who do not make satisfactory progress in language acquisition as provided by Subsection (j).

(g) The agency, the division, and the center jointly shall develop a resource designed for use by parents of children who are deaf or hard of hearing to monitor and track their children's language acquisition and developmental stages toward literacy in both English and American Sign Language. The resource must:

(1) include English and American Sign Language assessment instruments to assess the language acquisition of children less than eight years of age who are deaf or hard of hearing, selected based on the advisory committee's recommendations under Subsection (f);

(2) be:

(A) appropriate for use, in both content and administration, with children less than eight years of age who are deaf or hard of hearing;

(B) written for clarity and ease of use by parents; and

(C) aligned to:

(i) the agency's existing infant, toddler, and preschool guidelines;

(ii) state standards in English; and

(iii) the instrument or instruments used to assess the development of children with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);

(3) present progress in language acquisition in terms of typical development of all children, by appropriate age range;

(4) make clear that the parent's observations of the child may differ from assessment data presented at a team meeting; and

(5) inform the parent that the parent may bring the resource to a team meeting to share the parent's observations of the child's development.

(h) The agency, the division, and the center jointly shall select tools or assessments for use by educators to assess the language acquisition of children less than eight years of age who are deaf or hard of hearing. The tools or assessments:

(1) must be:

(A) in a format that details the stages of language development for learners of English and American Sign Language;

(B) for use by educators to track the language acquisition and developmental stages toward English literacy for children less than eight years of age who are deaf or hard of hearing;

(C) selected from existing tools or assessments designed to assess language acquisition for all children less than eight years of age, by appropriate age range; and

(D) appropriate, in both content and administration, for use with children less than eight years of age who are deaf or hard of hearing; and

(2) may:

(A) reflect the recommendations of the advisory committee under Subsection (f); and

(B) be used in addition to the assessment required to be conducted by a team established under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), as applicable, to:

(i) track the development of language acquisition for children who are deaf or hard of hearing; and

(ii) establish or modify a plan.

(i) The agency and the division shall distribute:

(1) the resource developed under Subsection (g) to parents and guardians of children less than eight years of age who are deaf or hard of hearing; and

(2) the tools or assessments selected under Subsection (h) and materials and training on their use to local education agencies.

(j) A team established for a child less than eight years of age who is deaf or hard of hearing must assess the child's language acquisition not less than once every three months. If the child does not demonstrate satisfactory progress in both English and American Sign Language, as measured by a tool or assessment selected under Subsection (h) or the instrument used to assess the development of children with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), as applicable, the child's team shall, as part of the process required by federal law:

(1) explain in detail to the advisory committee the reasons why the child is not making satisfactory progress; and

(2) recommend to the advisory committee specific strategies, services, and programs to be provided to the child to assist the child's language acquisition.

(k) Not later than July 31 of each year, the agency and the division jointly shall prepare a report on the language acquisition of children less than eight years of age who are deaf or hard of hearing. The report must:

(1) rely on existing data reported in compliance with federal law regarding children with disabilities;

(2) include information relating to the language acquisition of children who are deaf or hard of hearing and who also have other disabilities;

(3) compare progress in English literacy made by children who are deaf or hard of hearing to progress in that subject made by children of the same age who are not deaf or hard of hearing, by appropriate age range; and

(4) be posted on the agency's, the division's, and the center's respective Internet websites.

(l) The commissioner and the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement this section, including rules for implementing this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.

SECTION 3. (a) In this section:

(1) "Advisory committee" means the advisory committee established under Section 29.316(c), Education Code, as added by this Act.

(2) "Agency" means the Texas Education Agency.

(3) "Center" means the Educational Resource Center on Deafness at the Texas School for the Deaf.

(4) "Division" means the Division for Early Childhood Intervention Services of the Health and Human Services Commission.

(b) As soon as practicable after the effective date of this Act, the commissioner of education shall appoint the members of the advisory committee.

(c) Not later than January 1, 2018, the agency and the division jointly shall provide to the advisory committee a list of existing English and American Sign Language assessment instruments that meet the requirements under Section 29.316(g)(2)(C), Education Code, as added by this Act, and any relevant information possessed by the agency or the division regarding those assessment instruments.

(d) Not later than April 1, 2018, the advisory committee shall make its initial recommendations to the agency and the division regarding the English and American Sign Language assessment instruments to be included in the parent resource developed under Section 29.316(g), Education Code, as added by this Act.

(e) Not later than April 30, 2018, the agency and the division jointly shall select one or more English and American Sign Language assessment instruments to be included in the parent resource developed under Section 29.316(g), Education Code, as added by this Act, and inform the advisory committee of the instrument or instruments selected.

(f) As soon as practicable after the selection of one or more assessment instruments under Subsection (e) of this section:

(1) the agency, the division, and the center jointly shall develop the parent resource under Section 29.316(g), Education Code, as added by this Act, and the tools or assessments for educators under Section 29.316(h), Education Code, as added by this Act; and

(2) the agency and the division shall distribute the parent resource and the tools or assessments for educators as provided by Section 29.316(i), Education Code, as added by this Act.

(g) Not later than July 1, 2018, the agency and the division jointly shall prepare the initial report required under Section 29.316(k), Education Code, as added by this Act, and ensure the report is posted as required by that subsection.

SECTION 4. This Act takes effect September 1, 2017.