Bill Text: IN HB1367 | 2012 | Regular Session | Enrolled
Bill Title: Deaf and hard of hearing education services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1367 Detail]
Download: Indiana-2012-HB1367-Enrolled.html
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AN ACT to amend the Indiana Code concerning education.
(b) As used in this section, "communications service provider" means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The
term includes a provider of commercial mobile service (as defined in
47 U.S.C. 332).
(c) As used in this section, "dark fiber" refers to unused capacity in
a communications service provider's communications network,
including fiber optic cable or other facilities:
(1) in place within a public right-of-way; but
(2) not placed in service by a communications service provider.
(d) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following both during and after the rate
transition period described in section 1.3 of this chapter, except as
otherwise provided in this subsection:
(1) Subject to section 12 of this chapter, enforce the terms of a
settlement agreement approved by the commission before July 29,
2004. The commission's authority under this subdivision
continues for the duration of the settlement agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to deaf, hard of hearing,
impaired and speech impaired persons in Indiana.
(3) Fulfill the commission's duties under IC 8-1-19.5 concerning
the administration of the 211 dialing code for communications
service used to provide access to human services information and
referrals.
(4) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules to ensure that a customer of a
telecommunications provider is not:
(A) switched to another telecommunications provider unless
the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(5) Fulfill the commission's obligations under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.
151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications
service and equipment, including the designation of eligible
telecommunications carriers under 47 U.S.C. 214.
(6) Perform any of the functions described in section 1.5(b) of this
chapter.
(7) After June 30, 2009, perform the commission's responsibilities
under IC 8-1-32.5 to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service providers offering communications service to customers in Indiana.
(8) Perform the commission's responsibilities under IC 8-1-34 concerning the issuance of certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.
(9) After June 30, 2009, require a communications service provider, other than a provider of commercial mobile service (as defined in 47 U.S.C. 332), to report to the commission on an annual basis, or more frequently at the option of the provider, any of the following information:
(A) Service quality goals and performance data. The commission shall make any information or data submitted under this subsection available:
(i) for public inspection and copying at the offices of the commission under IC 5-14-3; and
(ii) electronically through the computer gateway administered by the office of technology established by IC 4-13.1-2-1;
to the extent the information or data are not exempt from public disclosure under IC 5-14-3-4(a).
(B) Information concerning the:
(i) capacity;
(ii) location; and
(iii) planned or potential use;
of the communications service provider's dark fiber in Indiana.
(C) Information concerning the communications service offered by the communications service provider in Indiana, including:
(i) the types of service offered; and
(ii) the areas in Indiana in which the services are offered.
(D) Any information needed by the commission to prepare the commission's report to the regulatory flexibility committee under section 4 of this chapter.
(E) Any other information that the commission is authorized to collect from a communications service provider under state or federal law.
The commission may revoke a certificate issued to a communications service provider under IC 8-1-32.5 if the communications service provider fails or refuses to report any
information required by the commission under this subdivision.
However, this subdivision does not empower the commission to
require a communications service provider to disclose
confidential and proprietary business plans and other confidential
information without adequate protection of the information. The
commission shall exercise all necessary caution to avoid
disclosure of confidential information supplied under this
subdivision.
(10) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under federal
law to perform those duties.
(11) Perform the commission's duties under IC 8-1-2-5 with
respect to interconnection.
(12) Establish and administer the Indiana Lifeline assistance
program under IC 8-1-36.
(13) After June 30, 2009, collect and maintain from a provider of
commercial mobile service (as defined in 47 U.S.C. 332) the
following information:
(A) The address of the provider's Internet web site.
(B) All toll free telephone numbers and other customer service
telephone numbers maintained by the provider for receiving
customer inquiries and complaints.
(C) An address and other contact information for the provider,
including any telephone number not described in clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
Internet web site. The commission may also make available on
the commission's Internet web site contact information for the
Federal Communications Commission and the Cellular Telephone
Industry Association.
(14) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
(e) After June 30, 2009, the commission does not have jurisdiction
over any of the following with respect to a communications service
provider:
(1) Rates and charges for communications service provided by the
communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service provider, other than the imposition of a reporting requirement under subsection (d)(9)(A).
(4) Long term financing arrangements or other obligations of the communications service provider.
(5) Except as provided in subsection (d), any other aspect regulated by the commission under this title before July 1, 2009.
(f) After June 30, 2009, the commission has jurisdiction over a communications service provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal Communications Commission; or
(C) an order or a ruling of a state or federal court having jurisdiction; or
(2) necessary to administer a federal law for which regulatory responsibility has been delegated to the commission by federal law.
(1) has a certificate of territorial authority on file with the commission; and
(2) is required to provide dual party relay services to deaf, hard of hearing,
(1) That it is in the public interest of the state to promptly provide deaf, hard of hearing,
(2) That Title IV of the ADA mandates that each telephone company providing telephone service within the state must provide dual party relay services on or before July 26, 1993, to deaf, hard of hearing,
(3) That the most efficient, cost effective, and fair method for LECs to provide dual party relay services to deaf, hard of hearing,
(4) That the provision of dual party relay services to deaf, hard of hearing,
(1) Employ an independent accounting firm to review its surcharge determinations and to review and audit those accounts of the InTRAC and its members relevant to the surcharge.
(2) File with the commission in connection with its application a copy of the report prepared by the accounting firm under subdivision (1).
(b) When the InTRAC applies for an adjustment under this section, the commission may perform audits and tests to verify the calculation of the adjustment. However, the sole purpose of audits and tests by the commission must be to assure that the revenue produced by the
surcharge is sufficient to cover the costs incurred by the InTRAC in
providing services that meet the requirements imposed on telephone
companies by the ADA. The costs incurred by the InTRAC include the
following:
(1) Costs for the development, continued operation and
improvement of dual party relay services that may include in
appropriate circumstances in the sole discretion of the InTRAC
providing telecommunications devices to deaf, hard of hearing,
impaired and speech impaired persons.
(2) The administrative costs of the InTRAC.
(3) The amount of reasonable reserves necessary to meet future
costs.
(4) The amounts paid by the InTRAC to each LEC to compensate
the LEC for collection, inquiry, and other administrative services
it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC to compensate
the LEC for the necessary costs incurred by the LEC in
facilitating inter-connection with and effecting use of the dual
party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRAC shall
have available to it at all times sufficient funding to develop, provide
for, and maintain dual party relay services that meet or exceed the
requirements imposed by the ADA.
(1) The name of the corporation shall be "Indiana Telephone
Relay Access Corporation for the Hearing and Speech Impaired".
(2) The sole purpose for which the InTRAC shall be organized
and operated is to provide at the lowest cost reasonably possible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that may
include in appropriate circumstances in the sole discretion of the
InTRAC telecommunications devices to deaf, hard of hearing,
impaired and speech impaired persons within the territorial area
in Indiana that LECs serve in a manner that meets or exceeds the
requirements of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful act
that is necessary, convenient, or expedient to accomplish the
purpose for which the InTRAC is formed.
(4) No part of the net earnings of the InTRAC may inure to the
benefit of any member, director, or officer of the InTRAC, nor
shall any member of the InTRAC receive any earnings from the
corporation except as follows:
(A) A member may be an independent contractor, a supplier,
a vendor, or an authorized agent of the InTRAC and may
receive fair and reasonable compensation for the member's
provision of goods or services.
(B) An officer may receive reasonable compensation for
services that the officer performs in the officer's capacity as an
officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred by the
director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in the
future; or
(B) make a loan of money or property to any director or officer
of the corporation.
(6) No member, director, or officer of the InTRAC or any private
individual may share in the distribution of any of the assets of the
InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets of the
InTRAC available for distribution shall be distributed to a charity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services to
persons who are deaf, hard of hearing, impaired and speech
impaired. persons.
(8) The InTRAC shall have one (1) class of members consisting
of those communications service providers that are designated as
authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for as
long as the commission finds that the member is a LEC. A
member's:
(A) right to vote at meetings of the members of the InTRAC;
and
(B) right, title, and interest in or to the corporation;
cease on the termination of a member's membership.
(10) Each member present in person or by proxy at a meeting of
the members of the InTRAC may cast one (1) vote upon each
question voted upon at:
(A) all meetings of the members; and
(B) in any election of a director of the InTRAC.
(11) The board of directors of the InTRAC consists of seven (7)
directors selected as follows:
(A) Six (6) directors elected by the members of the InTRAC.
(B) The director of the state office of deaf and hearing
impaired services.
(12) The business, property, and affairs of the InTRAC are
managed and controlled by the board of directors of the InTRAC.
(1) Ensure compliance with IC 8-1-2.8 concerning the provision of dual party relay services to deaf, hard of hearing,
(2) Perform the commission's duties under IC 8-1-19.5 concerning the administration of the 211 dialing code for communications service used to provide access to human services information and referrals.
(3) Enforce rules adopted under IC 8-1-29 to ensure that a customer of a telecommunications provider is not:
(A) switched to another telecommunications provider unless the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.
(4) Conduct proceedings under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications service and equipment, including the designation of eligible telecommunications carriers under 47 U.S.C. 214.
(5) Perform the commission's duties under IC 8-1-2.6-1.5 or IC 8-1-2-5.
(6) Issue or maintain certificates of territorial authority for communications service providers under IC 8-1-32.5.
(7) Perform the commission's duties under IC 8-1-34 to issue and maintain certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.
(8) Perform the commission's duties under IC 8-1-2.6-13(d)(9) concerning the reporting of information by communications service providers.
(9) Administer the Indiana lifeline assistance program under IC 8-1-36.
(10) Fulfill the commission's duties under any state or federal law concerning the administration of any universally applicable dialing code for any communications service.
(11) Perform the commission's duties under IC 8-1-2.3 with respect to assigned service areas for electricity suppliers.
(12) Issue:
(A) certificates of public convenience and necessity, certificates of territorial authority, and indeterminate permits under IC 8-1-2;
(B) certificates of public convenience and necessity under IC 8-1-8.5; or
(C) certificates of public convenience and necessity under IC 8-1-8.7.
(13) Determine territorial disputes between water utilities under IC 8-1-2-86.5.
(1) A nursery school.
(2) An elementary school.
(3) A secondary school.
(4) An undergraduate or postgraduate public or private institution.
(5) Other places of education.
(b) A person who:
(1) is totally or partially blind;
(2) is deaf or hard of hearing;
(3) has a physical or mental disability;
is entitled to be accompanied by a service animal, especially trained for the purpose, in any public accommodation without being required to pay an extra charge for the service animal. However, the person is liable for any damage done to the accommodation by the service animal.
(c) A person who:
(1) refuses access to a public accommodation; or
(2) charges a fee for access to a public accommodation;
to a person who is totally or partially blind, who
(d) A service animal trainer, while engaged in the training process of a service animal, is entitled to access to any public accommodation granted by this section.
(b) The following eligibility criteria apply for funding through the hearing aid assistance program:
(1) The hearing aid must be:
(A) prescribed for a child by a physician who is licensed under IC 25-22.5; and
(B) prescribed, fitted, and dispensed for the child by an audiologist who is licensed under IC 25-35.6.
(2) The child has not received funding from the fund for a hearing aid for the applicable ear during the previous three (3) years.
(3) Reimbursement is not available through any of the following or is not sufficient to pay the full amount required for a hearing aid:
(A) A policy of accident and sickness insurance (IC 27-8-5).
(B) A health maintenance organization contract (IC 27-13).
(C) The Medicaid program (IC 12-15).
(D) The children's health insurance program (IC 12-17.6).
(E) The federal Medicare program or any other federal assistance program.
(c) The state department may use appropriate internal and external resources to administer the hearing aid assistance program in a cost effective manner.
(d) External foundations and other organizations that provide hearing aid assistance may register with the state department to provide a centralized location from which deaf and hard of hearing
(1) A residential and day school.
(2) Until the center for deaf and hard of hearing education is established and operating, outreach services.
(3) Until the center for deaf and hard of hearing education is established and operating, consultative services to local educational agencies to assist the agencies in meeting the needs of locally enrolled students with hearing disabilities.
(b) The state board of finance and the budget agency may not transfer for use by or for the center for deaf and hard of hearing education any appropriation made to the Indiana School for the Deaf by P.L.229-2011.
Chapter 11. Center for Deaf and Hard of Hearing Education
Sec. 1. This chapter applies after June 30, 2013.
Sec. 2. As used in this chapter, "center" refers to the center for deaf and hard of hearing education established under section 3 of this chapter.
Sec. 3. (a) The center for deaf and hard of hearing education is established.
(b) The purpose of this article is to support parental choice, including the full continuum of communication options (including American sign language, other forms of sign language, cued speech, listening and spoken language (oral), or any combination of these skills).
Sec. 4. The center shall carry out the following duties in an unbiased manner to ensure that children who are deaf and children who are hard of hearing acquire optimal language skills and academic abilities, regardless of the mode of communication used:
(1) Monitoring and tracking the identification, early intervention, education, and successful transitions of children who are deaf and hard of hearing from birth through twenty-one (21) years of age and who are enrolled or preparing to enroll in early intervention services, preschool, elementary, or secondary school.
(2) Developing student learning opportunities.
(3) Providing family support.
(4) Developing child assessment service models, consistent with federal and state early childhood intervention and special education law, for the following:
(A) Audiological assessments.
(B) Social and developmental assessments.
(C) Communication (including language) assessments.
(D) Academic achievement assessments.
(5) Providing classroom assessments of instruction, acoustics, and other environmental aspects.
(6) Assessing professionals who provide students with sign language interpreting, oral interpreting, cued speech transliteration, and captioning services.
(7) Providing consultation to school corporations in providing services to students who are deaf and students who are hard of hearing.
(8) Acting as a liaison with all state agencies that provide services to individuals who are deaf and hard of hearing, including the department of education, the state department of health, the family and social services administration, and the Indiana School for the Deaf.
Sec. 5. The center may provide the services set forth in section 4 of this chapter directly or through contract with other entities.
the Indiana School for the Deaf, the department of education, the
state department of health, and the office of the secretary of family
and social services, shall submit a detailed transition plan to
implement and administer the center for deaf and hard of hearing
education established in IC 20-35-11, as added by this act, to the
budget committee. The office of management and budget shall
develop the transition plan in consultation with, but not limited to,
the following:
(1) The chief executive officer of the Indiana School for the
Deaf.
(2) The Parent Teacher Counselor Organization of the
Indiana School for the Deaf.
(3) Parents of deaf or hard of hearing children who attend
school in a regular classroom setting.
(4) A representative of the Indiana chapter of Hands and
Voices.
(5) Hear Indiana.
(6) The Indiana Association of the Deaf.
(7) Oral deaf adults.
(8) The first steps program established under IC 12-12.7-2.
(9) The deaf and hard of hearing services (DHHS) program
within the family and social services administration, division
of disability and rehabilitative services.
(10) The department of education.
(11) The state department of health.
(12) A representative of the St. Joseph Institute for the Deaf.
(13) Public school administrators.
(14) Audiologists.
(15) The director of the outreach program of the Indiana
School for the Deaf.
(b) Before the office of management and budget submits the
transition plan under subsection (a), the office of management and
budget shall conduct two (2) public meetings to receive public
testimony. Of the public meetings required in this subsection, one
(1) public meeting must take place in the northern half of Indiana
and one (1) public meeting must take place in the southern half of
Indiana, at a place designated by the office of management and
budget.
(c) The transition plan developed under subsection (a) must
include the following:
(1) A detailed description of how the center for deaf and hard
of hearing education, as established in IC 20-35-11-3, as added
by this act, will implement and carry out the duties described
in IC 20-35-11-4, as added by this act.
(2) A description of the agency described in IC 4-3-22-18, as
added by this act, that will provide office space and staff
support for the center for deaf and hard of hearing education
established under IC 20-35-11, as added by this act.
(3) The estimated costs associated with the operation of the
center for deaf and hard of hearing education established
under IC 20-35-11, as added by this act.
(4) A description of the fiscal impact on the Indiana School for
the Deaf and the agency described in subdivision (2) resulting
from the transfer of outreach and consultative service
responsibilities.
(5) Any other information the office of management and
budget determines is necessary.
(d) The office of management and budget shall, on or before
October 15, 2012, post the final transition plan on the office of
management and budget's Internet web site.
(e) The budget committee shall consider the transition plan
developed under subsection (a) in its preparation of the budget
report and budget bill under IC 4-12-1-9 for the state fiscal years
beginning on:
(1) July 1, 2013; and
(2) July 1, 2014.
(f) This SECTION expires December 31, 2013.
(b) This SECTION expires July 1, 2013.
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