January 28, 2012
HOUSE BILL No. 1367
_____
DIGEST OF HB 1367
(Updated January 27, 2012 9:46 am - DI 116)
Citations Affected: IC 4-3; IC 8-1; IC 16-32; IC 16-35; IC 20-22;
IC 20-31; IC 20-35; noncode.
Synopsis: Deaf and hearing impaired education services. Establishes
the center for deaf and hearing hard of hearing education to ensure that
children who are deaf or hearing impaired acquire optimal
communication and academic abilities. Provides, before July 1, 2013,
the office of management and budget shall determine an appropriate
agency to provide office space and staff support for the center of deaf
and hard of hearing education center. Transfers the outreach services
and consultative services to local education agencies to assist in
meeting the needs of locally enrolled students with hearing disabilities
of the Indiana School for the Deaf to the center for deaf and hard of
hearing education. Provides that, before October 1, 2012, the office of
management and budget must submit a transition report to the state
budget committee. Requires the office of management and budget to
develop the transition report in consultation with various entities.
Requires the state budget committee to post the transition report on the
state budget agencies Internet web site. Requires the state budget
committee to consider the transition report in the state budget report
and budget bill. Changes references throughout the Indiana Code from
"hearing impaired" to "hard of hearing". Provides that the Indiana
School for the Blind and Visually Impaired and the Indiana School for
the Deaf are subject to accountability provisions for performance and
improvement.
Effective: Upon passage; July 1, 2012; October 1, 2012; July 1, 2013.
Noe
January 11, 2012, read first time and referred to Committee on Education.
January 27, 2012, amended, reported _ Do Pass.
January 28, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1367
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-3-22-18; (12)HB1367.1.1. -->
SECTION 1. IC 4-3-22-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18. Before July 1, 2013, the office of
management and budget shall determine an appropriate agency to
provide office space and staff support for the center for deaf and
hard of hearing education established under IC 20-35-11.
SOURCE: IC 8-1-2.6-13; (12)HB1367.1.2. -->
SECTION 2. IC 8-1-2.6-13, AS AMENDED BY P.L.1-2007,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) As used in this section, "communications
service" has the meaning set forth in IC 8-1-32.5-3.
(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.
SOURCE: IC 8-1-2.8-5; (12)HB1367.1.3. -->
SECTION 3. IC 8-1-2.8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. As used in this
chapter, "deaf, hard of hearing, impaired or speech impaired person"
means a person who is so certified by a licensed physician, an
otolaryngologist, a speech language pathologist, an audiologist, or a
qualified state agency.
SOURCE: IC 8-1-2.8-8; (12)HB1367.1.4. -->
SECTION 4. IC 8-1-2.8-8, AS AMENDED BY P.L.27-2006,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8. As used in this chapter, "local exchange
company" or "LEC" refers to any communications service provider (as
defined in IC 8-1-2.6-13(b)) that:
(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, impaired and speech impaired persons under federal
law.
SOURCE: IC 8-1-2.8-10; (12)HB1367.1.5. -->
SECTION 5. IC 8-1-2.8-10, AS AMENDED BY P.L.27-2006,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. The general assembly finds and declares the
following:
(1) That it is in the public interest of the state to promptly provide
deaf, hard of hearing,
impaired or speech impaired persons with
access to telecommunications services that are functionally
equivalent to those provided to hearing persons.
(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, impaired and speech impaired persons
within the territorial area or areas it serves in a manner that meets
or exceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method for
LECs to provide dual party relay services to deaf, hard of
hearing, impaired and speech impaired persons and to comply
with the federal mandate without the use of tax revenues is the
establishment of the Indiana Telephone Relay Access Corporation
for the Hearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to deaf, hard
of hearing, impaired and speech impaired persons can be
enhanced by providing in appropriate circumstances in the sole
discretion of the InTRAC telecommunications devices that
facilitate access to the dual party relay services.
SOURCE: IC 8-1-2.8-11; (12)HB1367.1.6. -->
SECTION 6. IC 8-1-2.8-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. Beginning on June
1, 1991, the commission shall require each LEC to impose a monthly
surcharge in the amount of five cents ($0.05) on each residential and
business line (or line equivalent) of its customers to fund and recover
costs for developing and providing 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.
SOURCE: IC 8-1-2.8-12; (12)HB1367.1.7. -->
SECTION 7. IC 8-1-2.8-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The InTRAC
may periodically apply to the commission for an adjustment in the
amount of the monthly surcharge that a LEC must impose on its
customers under this chapter. Before applying to the commission for
such an adjustment, the InTRAC must do the following:
(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.
SOURCE: IC 8-1-2.8-15; (12)HB1367.1.8. -->
SECTION 8. IC 8-1-2.8-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. All costs incurred
by a LEC as a result of its compliance with the ADA requirements to
provide services to deaf, hard of hearing, impaired and speech
impaired persons shall be accounted for separately and recovered as
required by the ADA and the FCC.
SOURCE: IC 8-1-2.8-18; (12)HB1367.1.9. -->
SECTION 9. IC 8-1-2.8-18, AS AMENDED BY P.L.27-2006,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 18. The articles of incorporation of the InTRAC
must provide the following:
(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
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.
SOURCE: IC 8-1-17.5-25; (12)HB1367.1.10. -->
SECTION 10. IC 8-1-17.5-25, AS AMENDED BY P.L.219-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 25. Notwithstanding any other law, the
commission may exercise jurisdiction over a surviving corporation or
successor corporation formed under this chapter only to do the
following:
(1) Ensure compliance with 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.
(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.
SOURCE: IC 16-32-3-2; (12)HB1367.1.11. -->
SECTION 11. IC 16-32-3-2, AS AMENDED BY P.L.155-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) As used in this section, "public
accommodation" means an establishment that caters or offers services,
facilities, or goods to the general public. The term includes the
following educational facilities:
(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; impaired; or
(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 has a is deaf or hard
of hearing, impairment, or who has a physical or mental disability,
because that person is accompanied by a service animal commits a
Class C infraction.
(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.
SOURCE: IC 16-35-8-9; (12)HB1367.1.12. -->
SECTION 12. IC 16-35-8-9, AS ADDED BY P.L.119-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 9. (a) The hearing aid assistance program is
established.
(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 impaired
individuals can obtain information regarding additional sources of
hearing aid assistance.
SOURCE: IC 20-22-2-1; (12)HB1367.1.13. -->
SECTION 13. IC 20-22-2-1, AS ADDED BY P.L.1-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The Indiana School for the Deaf is established
as a state educational resource center that includes the following:
(1) A residential and day school.
(2) Outreach services.
(3) Consultative services to local educational agencies to assist
the agencies in meeting the needs of locally enrolled students with
hearing disabilities.
SOURCE: IC 20-31-1-1; (12)HB1367.1.14. -->
SECTION 14. IC 20-31-1-1, AS ADDED BY P.L.1-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. This article applies only to the following:
(1) Public schools.
(2) Except as provided in IC 20-31-7 and IC 20-31-9, nonpublic
schools that voluntarily become accredited under IC 20-19-2-8.
(3) The Indiana School for the Blind and Visually Impaired
and the Indiana School for the Deaf.
SOURCE: IC 20-35-4-12; (12)HB1367.1.15. -->
SECTION 15. IC 20-35-4-12, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. Public schools may operate special education
programs for deaf and hard of hearing impaired children at least six
(6) months of age on an experimental basis upon the approval of the
state superintendent and the state board.
SOURCE: IC 20-35-11; (12)HB1367.1.16. -->
SECTION 16. IC 20-35-11 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
OCTOBER 1, 2012]:
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 2 of
this chapter.
Sec. 3. The center for deaf and hard of hearing education is
established.
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) Providing professional development opportunities for
professionals who work with children who are deaf or hard of
hearing.
(3) Developing student learning opportunities.
(4) Training the parents of deaf and hard of hearing children
and providing support in each family's chosen method of
communication and language for the family's child.
(5) Providing assessment services, including the following
services:
(A) Audiological assessments.
(B) Communication (including language) assessments.
(C) Educational assessments.
(D) 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.
SOURCE: ; (12)HB1367.1.17. -->
SECTION 17. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 4-3-22-18, as added by this act, before October
1, 2012, the office of management and budget, shall submit a
detailed transition plan to implement and administer the center for
deaf and hard of hearing 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) A parent organization associated with the Indiana School
for the Deaf.
(3) Parents of deaf or hard of hearing children who attend
school in a regular classroom setting.
(4) The Indiana chapter of Hands and Voices.
(5) The Guide by Your Side Program.
(6) Hear Indiana.
(7) The Indiana Association of the Deaf.
(8) Oral deaf adults.
(9) The first steps program established under (IC 12-12.7-2).
(10) The family and social services administration, division of
disability and rehabilitative services.
(11) The department of education.
(12) The state department of health.
(13) The St. Joseph Institute for the Deaf.
(14) Public school administrators.
(15) Audiologists.
(b) The transition plan developed under subsection (a) must
include the following:
(1) 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 the hard of hearing
education established under IC 20-35-11, as added by this act.
(2) The estimated costs associated with the operation of the
center for deaf and the hard of hearing education established
under IC 20-35-11, as added by this act.
(3) A description of the fiscal impact on the Indiana School for
the Deaf and the agency described in subdivision (1) resulting
from the transfer of outreach and consultative service
responsibilities.
(4) Any other information the office of management and
budget determines is necessary.
(c) After receiving the transition plan under subsection (a), the
office of management and budget shall, on or before October 15,
2012, post the transition plan on the office of management and
budget's Internet web site.
(d) 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.
(e) This SECTION expires December 31, 2013.
SOURCE: ; (12)HB1367.1.18. -->
SECTION 18.
An emergency is declared for this act.