Revision: March 7, 2019, 11:20 a.m.
HB 631 - AS AMENDED BY THE HOUSE
7Mar2019... 0638h
2019 SESSION
19-0725
05/01
HOUSE BILL 631
SPONSORS: Rep. Porter, Hills. 1; Rep. Le, Rock. 31
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill establishes a deaf children's bill of rights and an advisory council on the education of deaf children.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2019... 0638h 19-0725
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Deaf Children's Bill of Rights. Amend RSA 186-C by inserting after section 30 the following new subdivision:
Deaf Children's Bill of Rights
186-C:31 Definitions. In this subdivision:
I. "American Sign Language" means the visual/gestural language used by deaf people in the United States and Canada, with semantic, syntactic, morphological, and phonological rules which are distinct from English.
II. "Deaf student" means an individual who has a severe or complete absence of auditory sensitivity which adversely affects educational performance and which is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification.
III. "English sign systems" means sign systems developed for educational purposes, which use manual signs in English word order, sometimes with added affixes which are not present in American Sign Language.
IV. "Hard of hearing student" means an individual who has some absence of auditory sensitivity with residual hearing, whether permanent or fluctuating, which adversely affects a child's educational performance but which is not included under the definition of "deaf student" in this section.
V. "Individualized education plan (IEP)" means a written educational plan developed for a student eligible for special education services pursuant to RSA 186-C and the federal Individual with Disabilities Education Act, 20 U.S.C. section 1400, et seq.
VI. "Primary communication mode, style, and language" means the communication mode, style, and language which is preferred by and most effective for a particular student, as determined by appropriate language assessment undertaken by individuals proficient in the communication mode, style, or languages being assessed. Communication mode may include one or more of the following systems or methods of communication applicable to deaf or hard of hearing children:
(a) American Sign Language;
(b) Cued speech;
(c) English-or other spoken language-based manual or sign systems; or
(d) Oral, aural, or speech-based training.
186-C:32 Deaf Children's Bill of Rights.
I. Children who are deaf or hard of hearing have the right to appropriate screening and assessment of hearing and vision capabilities and language and communication needs at the earliest possible age and to the continuation of intermittent screening services throughout their educational experience.
II. Children who are deaf or hard of hearing have a right to early interventions to provide for the acquisition of a solid language base developed at the earliest possible age. Any infant with a documented hearing loss, prior to demonstration of any developmental delay, shall qualify for services as determined by the infant's individualized family service plan team.
III. Children who are deaf or hard of hearing have the right to an education in which their parents or guardians have full informed participation in determining the extent, content, and purpose of all their educational planning and programs.
IV. Children who are deaf or hard of hearing have the right to placement in the least restrictive educational environment and services based on their unique communication, language, and educational needs, consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. section 1400, et seq.
V. Children who are deaf or hard of hearing have the right to an education in which their communication mode, style, and language is respected, used, and developed to an appropriate level of proficiency.
VI. Children who are deaf or hard of hearing have the right to a high-quality, ongoing and fluid means of communication, both inside and outside the classroom.
VII. Children who are deaf or hard of hearing shall have the opportunity to choose from a variety of language modes and languages and technologies to enhance language learning. They have a right to teachers or interpreters proficient in appropriate language modes and certified in appropriate language modes if certification is available.
VIII. Children who are deaf or hard of hearing have the right to an education in which teachers of the deaf and hard of hearing, related service providers, and assessors understand the unique nature of deafness, are specifically trained to work with deaf and hard of hearing students, and can communicate spontaneously and fluidly with these children.
IX. Children who are deaf or hard of hearing have the right to contact with and to be exposed to adult role models who are deaf or hard of hearing in their educational programs.
X. Children who are deaf or hard of hearing have the right to receive an education with a sufficient number of language mode peers with whom they can communicate directly and who are the same, or approximately the same, age and ability, whenever possible.
XI. Children who are deaf or hard of hearing have the right to direct and appropriate access to all components of the educational process, including recess, lunch, and extracurricular, social, and athletic activities.
XII. Children who are deaf or hard of hearing have the right to a placement best suited to their individual needs, including, but not limited to age, hearing loss, academic level, modes of communications, style of learning, motivational levels and family support.
186-C:33 Right of Parents or Guardians of Children Who Are Deaf or Hard of Hearing. The parents or guardians of deaf or hard of hearing children have a right to balanced and complete information regarding:
I. Their child's educational and communication needs.
II. Available programmatic, placement, and resource options.
III. Support services and advocacy resources from private and public agencies and institutions.
IV. Available resources pertaining to hearing loss and the needs of children who are deaf or hard of hearing.
186-C:34 Rulemaking. The department of education and the department of health and human services shall adopt rules under RSA 541-A to implement this chapter. At a minimum, such rules shall address:
I. Qualifications of personnel providing professional services to deaf and hard-of-hearing children within the school system.
II. Composition of the individualized family service plan team and the individualized education plan team.
III. The individualized communication plan for every deaf and hard-of-hearing student.
IV. Procedures and materials for assessment and placement.
V. Psychological counseling and mental health services.
VI. Evaluation of the effectiveness of programs for students who are deaf or hard of hearing.
186-C:35 Advisory Council Established. There is hereby established an advisory council on the education of children who are deaf or hard of hearing.
I. Members of the council shall be as follows:
(a) One professional with experience in using assistive technology.
(b) Two teachers of the deaf, one of whom is a regular and effective user of American Sign language and one of whom is a regular and effective user of oral/aural or speech based English.
(c) Two parents of deaf or hard of hearing students, one of whom is a regular and effective user of American sign language and one of whom is a regular and effective user of oral/aural or speech based English.
(d) Two representatives of the deaf and hard of hearing community, one of whom is a user of American sign language and one of whom is a user of oral/aural or speech based English.
(e) One administrator of a college or university program in interpreter training.
(f) One director of special education in a public school system.
(g) One public school administrator.
(h) One speech and language pathologist.
(i) One representative of the department of health and human services familiar with services for children who are deaf or hard of hearing, appointed by the commissioner of the department of health and human services.
(j) One representative of the early hearing detection and intervention program, in the department of health and human services, appointed by the commissioner of the department of health and human services.
(k) One representative of the department of education, division of special education, appointed by the commissioner of the department of education.
(l) One member of the New Hampshire Association or Audiologists, appointed by the association.
(m) One member of the New Hampshire Association of the Deaf, appointed by the association.
II. The commissioner of the department of education shall appoint the members under subparagraphs I(a)-I(c) and the commissioner of the department of health and human services shall appoint the members under subparagraphs I(d)- I(h). Each member shall serve a 2-year term.
III. The members of the council shall elect a chairperson from among the members. The first meeting of the council shall be called by the member appointed under subparagraph I(a). The first meeting of the council shall be held within 45 days of the effective date of this section.
IV. The council shall advise the department of education and the department of health and human services on the needs and services provided to deaf and hard of hearing children in New Hampshire. In addition to such duties as may be assigned by the departments, the council shall determine the number of children within the state who are identified as being deaf and hard of hearing, the number of those children currently receiving services from both public and private agencies, the types of services being received, the types of services requested by parents or guardians, and areas of need.
V. On or before November 1, the council shall submit an annual report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the education committees in the house and senate, the house clerk, the senate clerk, the governor, and the state library.
2 Effective Date. This act shall take effect upon its passage.