Bill Text: IA HF2140 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to language and literacy development for deaf and hard-of-hearing children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-30 - Introduced, referred to Education. H.J. 166. [HF2140 Detail]
Download: Iowa-2017-HF2140-Introduced.html
House File 2140 - Introduced HOUSE FILE BY STAED (COMPANION TO SF 2076 BY HOGG) A BILL FOR 1 An Act relating to language and literacy development for deaf 2 and hard=of=hearing children. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5177YH (3) 87 kh/rj PAG LIN 1 1 Section 1. NEW SECTION. 256B.10 Deaf and hard=of=hearing 1 2 children ==== language developmental milestones. 1 3 1. Language developmental milestones ==== selection. The 1 4 director of the department of education, in cooperation with 1 5 the department of public health and the state school for the 1 6 deaf, shall select language developmental milestones from 1 7 existing standardized norms for purposes of developing a 1 8 resource for use by parents or guardians to monitor and track 1 9 deaf and hard=of=hearing children's expressive and receptive 1 10 language acquisition and developmental stages toward English 1 11 literacy. In selecting the language developmental milestones, 1 12 the director shall consider recommendations from the advisory 1 13 committee established under subsection 6. 1 14 2. Parent resource. The parent resource developed pursuant 1 15 to subsection 1 shall meet all of the following requirements: 1 16 a. Include the language developmental milestones selected 1 17 under subsection 1. 1 18 b. Be appropriate for use, in both content and 1 19 administration, with deaf and hard=of=hearing children from 1 20 birth to five years of age, inclusive, who use American sign 1 21 language or English, or both. 1 22 c. Present the language developmental milestones in terms of 1 23 typical development of all children from birth to five years of 1 24 age, by age range. 1 25 d. Be written for clarity and ease of use by parents and 1 26 guardians. 1 27 e. Be aligned to the department of education's existing 1 28 infant, toddler, and preschool guidelines, the existing 1 29 instrument used to assess the development of children with 1 30 disabilities pursuant to federal law, and state standards in 1 31 English language arts. 1 32 f. Clearly specify that the parent resource is not a 1 33 formal assessment of language and literacy development, and 1 34 that the observations of a child by the child's parent or 1 35 guardian may differ from formal assessment data presented at an 2 1 individualized family service plan or individualized education 2 2 program meeting. 2 3 g. Clearly specify that a parent or guardian may bring 2 4 the parent resource to an individualized family service plan 2 5 or individualized education program meeting for purposes of 2 6 sharing the parent's or guardian's observations regarding the 2 7 child's development. 2 8 3. Selection of tools or assessments. The department of 2 9 education shall select existing tools or assessments for 2 10 educators that can be used to assess the language and literacy 2 11 development of deaf and hard=of=hearing children from birth to 2 12 five years of age, inclusive. 2 13 a. Educator tools or assessments selected under this 2 14 subsection shall meet the following criteria: 2 15 (1) Be in a format that shows stages of language 2 16 development. 2 17 (2) Be selected for use by educators to track the 2 18 development of deaf and hard=of=hearing children's expressive 2 19 and receptive language acquisition and developmental stages 2 20 toward English literacy. 2 21 (3) Be appropriate in both content and administration for 2 22 use with deaf and hard=of=hearing children. 2 23 b. Educator tools or assessments selected under this 2 24 subsection may do either of the following: 2 25 (1) Be used, in addition to any assessment required by 2 26 federal law, by the child's individualized family service plan 2 27 or individualized education program team, as applicable, to 2 28 track deaf and hard=of=hearing children's progress in improving 2 29 expressive and receptive language skills, and to establish 2 30 or modify individualized family service or individualized 2 31 education program plans. 2 32 (2) Reflect the recommendations of the advisory committee 2 33 convened under subsection 6. 2 34 4. Dissemination. The department of education shall 2 35 disseminate the parent resource developed pursuant to this 3 1 section to parents and guardians of deaf and hard=of=hearing 3 2 children and, consistent with federal law, shall disseminate 3 3 the educator tools and assessments selected pursuant to 3 4 subsection 3 to area education agencies, school districts, and 3 5 accredited nonpublic schools for use in the development and 3 6 modification of individualized family service or individualized 3 7 education program plans, and shall provide materials and 3 8 training on the use of such materials to assist deaf and 3 9 hard=of=hearing children in becoming linguistically ready for 3 10 kindergarten using American sign language or English, or both. 3 11 5. Plan modification. If a deaf or hard=of=hearing child 3 12 does not demonstrate progress in expressive and receptive 3 13 language skills, as measured by one of the educator tools or 3 14 assessments selected under subsection 3, or by the existing 3 15 instrument used to assess the development of children 3 16 with disabilities pursuant to federal law, the child's 3 17 individualized family service plan or individualized education 3 18 program team, as applicable, as part of the process required 3 19 by federal law, shall explain in detail the reasons why 3 20 the child is not meeting or progressing toward meeting the 3 21 language development milestones, and shall recommend specific 3 22 strategies, services, and programs that shall be provided under 3 23 a modified individualized family service plan or individualized 3 24 education program, as appropriate, to assist the child in 3 25 achieving English literacy proficiency. 3 26 6. Advisory committee. 3 27 a. The department of education shall establish and consult 3 28 with an advisory committee for purposes of soliciting input 3 29 from experts on the selection of language developmental 3 30 milestones for children who are deaf or hard=of=hearing 3 31 that are equivalent to those for children who are not deaf 3 32 or hard=of=hearing, for inclusion in the parent resource 3 33 developed and disseminated to parents and guardians pursuant 3 34 to this section. The department of education shall provide 3 35 the committee with a list of existing language developmental 4 1 milestones from existing standardized norms, along with any 4 2 relevant information held by the department regarding those 4 3 language developmental milestones for possible inclusion in the 4 4 parent resource developed pursuant to this section. 4 5 b. The advisory committee may do any of the following: 4 6 (1) Make recommendations on the selection and use of the 4 7 educator tools or assessments selected pursuant to subsection 4 8 3. 4 9 (2) Advise the department or its consultants on the content 4 10 and administration of the existing instrument used to assess 4 11 the development of children with disabilities pursuant to 4 12 federal law, and to assess deaf and hard=of=hearing children's 4 13 language and literacy development to ensure the appropriate 4 14 use of that instrument with such children, and may make 4 15 recommendations regarding future research to improve the 4 16 measurement of progress of deaf and hard=of=hearing children in 4 17 language and literacy development. 4 18 (3) The advisory committee shall consist of thirteen 4 19 volunteers, the majority of whom shall be deaf or 4 20 hard=of=hearing, and all of whom shall be working within the 4 21 field of education for the deaf and hard=of=hearing. The 4 22 advisory committee shall include all of the following members: 4 23 (a) One parent of a child who is deaf or hard=of=hearing and 4 24 who uses both American sign language and English. 4 25 (b) One parent of a child who is deaf or hard=of=hearing 4 26 and who uses only spoken English, with or without visual 4 27 supplements. 4 28 (c) One licensed teacher who holds an American sign language 4 29 endorsement or a deaf or hard=of=hearing endorsement under 4 30 chapter 272. 4 31 (d) One licensed teacher who holds an American sign 4 32 language endorsement or a deaf or hard=of=hearing endorsement 4 33 under chapter 272 and who teaches at an accredited nonpublic, 4 34 nonsectarian school. 4 35 (e) One person with expertise in the latest research 5 1 relating to language outcomes for deaf and hard=of=hearing 5 2 children using American sign language and English. 5 3 (f) One person with knowledge of the latest research 5 4 relating to language outcomes for deaf and hard=of=hearing 5 5 children using spoken English with or without visual 5 6 supplements. 5 7 (g) One licensed teacher who holds an American sign 5 8 language endorsement or a deaf or hard=of=hearing endorsement 5 9 under chapter 272 and whose expertise is in curriculum and 5 10 instruction in American sign language and English. 5 11 (h) One licensed teacher who holds an American sign 5 12 language endorsement or a deaf or hard=of=hearing endorsement 5 13 under chapter 272 and whose expertise is in curriculum 5 14 and instruction in spoken English, with or without visual 5 15 supplements. 5 16 (i) One advocate for the teaching and use of both American 5 17 sign language and English. 5 18 (j) One advocate for the teaching and use of spoken English, 5 19 with or without visual supplements. 5 20 (k) One early intervention specialist who works with deaf 5 21 and hard=of=hearing infants and toddlers using both American 5 22 sign language and English. 5 23 (l) One licensed teacher who holds an American sign language 5 24 endorsement or a deaf or hard=of=hearing endorsement under 5 25 chapter 272 and whose expertise is in American sign language 5 26 and English language assessment. 5 27 (m) One speech pathologist whose expertise is in spoken 5 28 English, with or without the use of visual supplements. 5 29 c. The director of the department of education shall convene 5 30 the advisory committee by March 1, 2019, and as frequently 5 31 thereafter as the director deems necessary for purposes of this 5 32 section. The advisory committee shall submit recommendations 5 33 to the state board of education by July 1, 2019, and shall 5 34 submit recommendations thereafter as the director of the 5 35 department of education deems necessary. 6 1 7. Activities ==== consistent with federal law. All activities 6 2 of the department of education in implementing this section 6 3 shall be consistent with federal law for the assessment of 6 4 children from birth to five years of age, inclusive. 6 5 8. Annual report. The department of education shall 6 6 annually compile, and publish on the department's internet 6 7 site, a report using existing data reported in compliance 6 8 with the state performance plan on pupils with disabilities, 6 9 required under federal law, that is specific to language and 6 10 literacy development in deaf and hard=of=hearing children 6 11 from birth to five years of age, inclusive, including those 6 12 children who are deaf or hard=of=hearing and have other 6 13 disabilities, relative to the children's peers who are not deaf 6 14 or hard=of=hearing. 6 15 9. Definitions. For purposes of this section, unless the 6 16 context otherwise requires: 6 17 a. "English" includes spoken English, written English, or 6 18 English with the use of visual supplements. 6 19 b. "Federal law" means the federal Individuals with 6 20 Disabilities Education Act, as amended by the federal 6 21 Individuals with Disabilities Improvement Act, Pub. L. No. 6 22 108=446, 20 U.S.C. {1400 et seq., as amended. 6 23 EXPLANATION 6 24 The inclusion of this explanation does not constitute agreement with 6 25 the explanation's substance by the members of the general assembly. 6 26 This bill provides for the development and dissemination of 6 27 a parent resource for the parents and guardians of children who 6 28 are deaf or hard=of=hearing; provides for the identification of 6 29 tools or assessments educators can use to assess the language 6 30 and literacy development of such children from birth to five 6 31 years of age; requires, if such a child is not meeting language 6 32 development milestones, that the child's individualized family 6 33 service plan (IFSP) or individualized education program (IEP) 6 34 team explain in detail the reasons why the child is not meeting 6 35 the milestones and submit modifications to the plan to assist 7 1 the child in achieving English literacy proficiency; and 7 2 provides for the establishment of an advisory committee for 7 3 purposes of soliciting input from experts on the selection 7 4 of language developmental milestones for such children that 7 5 are equivalent to milestones for children who are not deaf or 7 6 hard=of=hearing. The bill provides that "English" includes 7 7 spoken English, written English, or English with the use of 7 8 visual supplements. 7 9 LANGUAGE DEVELOPMENTAL MILESTONES ==== SELECTION. The 7 10 bill requires the director of the department of education 7 11 to cooperate with the department of public health and the 7 12 state school for the deaf in selecting language developmental 7 13 milestones from existing standardized norms for purposes of 7 14 developing a resource parents or guardians can use to monitor 7 15 and track a deaf or hard=of=hearing child's progress toward 7 16 English literacy. 7 17 PARENT RESOURCE. In addition to the milestones, the parent 7 18 resource must be clearly written and appropriate for use 7 19 with deaf and hard=of=hearing children from birth to five 7 20 years of age who use American sign language or English, or 7 21 both; present the milestones in terms of typical development 7 22 of all children; be aligned to the state's existing infant, 7 23 toddler, and preschool guidelines and standards in English 7 24 language arts, and with federal law, regarding the assessment 7 25 instrument. Under the bill, the term "federal law" means the 7 26 federal Individuals with Disabilities Education Act (IDEA), as 7 27 amended. Further, the resource must clearly specify that it is 7 28 not a formal assessment of language and literacy development, 7 29 that the observations of a child by the child's parent or 7 30 guardian may differ from formal assessment data, and that a 7 31 parent or guardian may bring the parent resource to an IFSP or 7 32 IEP meeting. 7 33 ASSESSMENTS ==== TOOLS. The department of education must 7 34 select existing tools or assessments for educators that can be 7 35 used to assess the language and literacy development of deaf 8 1 and hard=of=hearing children from birth to five years of age. 8 2 DISSEMINATION. The department of education must disseminate 8 3 the parent resource to parents and guardians of deaf and 8 4 hard=of=hearing children and, consistent with the federal IDEA, 8 5 shall disseminate the educator tools and assessments to area 8 6 education agencies, school districts, and accredited nonpublic 8 7 schools for use in the development and modification of IFSPs 8 8 or IEPs, and provide materials and training on the use of such 8 9 materials. 8 10 PLAN MODIFICATION. If a deaf or hard=of=hearing child 8 11 does not demonstrate progress in improving expressive and 8 12 receptive language skills, as measured by an educator tool or 8 13 assessment, the child's IFSP or IEP team, as applicable, shall, 8 14 as part of the process required by the federal IDEA, explain in 8 15 detail the reasons why the child is not meeting or progressing 8 16 toward meeting the language development milestones, and shall 8 17 recommend specific strategies, services, and programs that must 8 18 be provided under a modified IFSP or IEP, as appropriate, to 8 19 assist the child in achieving English literacy proficiency. 8 20 ADVISORY COMMITTEE. The department of education is directed 8 21 to establish and consult with an advisory committee to receive 8 22 input for inclusion in the parent resource. The department 8 23 must provide the committee with a list of existing language 8 24 developmental milestones from existing standardized norms, 8 25 along with any relevant information held by the department 8 26 regarding those milestones. 8 27 The advisory committee may make recommendations on the 8 28 selection and use of the educator tools or assessments, may 8 29 advise the department or its consultants on the content and 8 30 administration of the existing instrument used under the 8 31 federal IDEA to assess deaf and hard=of=hearing children's 8 32 language and literacy development to ensure the appropriate 8 33 use of that instrument with such children, and may make 8 34 recommendations regarding future research to improve the 8 35 measurement of progress of deaf and hard=of=hearing children in 9 1 language and literacy development. 9 2 The advisory committee shall consist of 13 volunteers, the 9 3 majority of whom shall be deaf or hard=of=hearing, and all of 9 4 whom shall be within the field of education for the deaf and 9 5 hard=of=hearing. The bill specifies the level of expertise or 9 6 experience each individual member must bring to the committee. 9 7 The director of the department must convene the advisory 9 8 committee by March 1, 2019, and thereafter may convene the 9 9 committee as the director deems necessary. The advisory 9 10 committee shall submit recommendations to the state board of 9 11 education by July 1, 2019, and shall submit recommendations 9 12 thereafter as the director of the department deems necessary. 9 13 ACTIVITIES. All activities of the department of education 9 14 in implementing the requirements under the bill must be 9 15 consistent with the federal IDEA for the assessment of children 9 16 from birth to five years of age. 9 17 ANNUAL REPORT. The department of education must annually 9 18 compile, and publish on the department's internet site, a 9 19 report using existing data reported in compliance with the 9 20 state performance plan on pupils with disabilities, required 9 21 under the federal IDEA, that is specific to language and 9 22 literacy development of deaf and hard=of=hearing children 9 23 from birth to five years of age, inclusive, including those 9 24 children who are deaf or hard=of=hearing and have other 9 25 disabilities, relative to the children's peers who are not deaf 9 26 or hard=of=hearing. LSB 5177YH (3) 87 kh/rj
