Bill Text: MI HB5836 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: curriculum; resource for use by parents to monitor and track deaf and hard of hearing children's expressive and receptive language acquisition toward English literacy; create. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec.1705.
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Engrossed - Dead) 2020-12-17 - Placed On Order Of General Orders [HB5836 Detail]
Download: Michigan-2019-HB5836-Introduced.html
HOUSE BILL NO. 5836
June 04, 2020, Introduced by Reps. Crawford,
Schroeder, Koleszar, Vaupel, Webber, Wozniak, Leutheuser, Rendon,
Whiteford, Lasinski and Cherry and referred to the Committee on Families,
Children, and Seniors.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1705.
the people of the state of michigan enact:
Sec. 1705. (1) By August 31, 2021, the
department shall develop a resource for use by a parent or legal guardian of a
child who is age 5 or younger and who is deaf or hard of hearing that allows
the parent or legal guardian to monitor and track the child's expressive and
receptive language acquisition and developmental stages toward English
literacy. The resource developed under this subsection must meet all of the
following requirements:
(a)
Include the language developmental milestones selected under subsection (7).
(b)
Present the language developmental milestones described in subdivision (a) in
terms of the typical development of all children by age range.
(c)
Provide appropriate content and administration regarding language assessment and
delivery of the assessment for deaf or hard of hearing children who are age 5
or younger and who use American Sign Language, English, or both.
(d)
Be written clearly for easy use by parents and legal guardians.
(e)
Be aligned with any existing infant, toddler, and preschool department guidelines,
be aligned with existing instruments used to assess the development of children
with disabilities under federal law, and be aligned with state standards in
English language arts.
(f)
Subject to the individuals with disabilities education act, 20 USC 1400 to 1482,
include a statement that the parent or legal guardian of a child who is deaf or
hard of hearing has the sole discretion to choose American Sign Language,
English, or both, for the child's language acquisition and developmental milestones.
(g)
Provide that the resource is not a formal assessment of language and literacy
development.
(h)
Provide that a parent's or legal guardian's observation of his or her child may
differ from formal assessment data presented at an individualized family
service plan or individualized education program meeting.
(i)
Provide that a parent or legal guardian may bring the resource to an individualized
family service plan or individualized education program meeting for purposes of
sharing his or her observations about his or her child's development.
(j)
Include fair, balanced, and comprehensive information about languages,
communication modes, and all available services and programs.
(2)
The department shall adopt existing tools or assessments to be used by local school
districts, intermediate school districts, public school academies, and the
Michigan School for the Deaf to assess the language and literacy development of
a deaf or hard of hearing child who is age 5 or younger. The tools or assessments
adopted by the department under this subsection must meet all of the following:
(a)
Are in a format that shows stages of language development.
(b)
Are used by local school districts, intermediate school districts, public
school academies, and the Michigan School for the Deaf to track the development
of a deaf or hard of hearing child's expressive and receptive language
acquisition and developmental stages toward English literacy at age 5 or younger.
(c)
Are selected from existing instruments or assessments used to assess the development
of all children who are deaf or hard of hearing and who are age 5 or younger.
(d)
Are appropriate in content and administration for use with a deaf or hard of hearing
child who is age 5 or younger.
(e)
Are designed for use, in addition to any assessment required under federal law,
by a child's individualized family service plan team or individualized
education program team to track a deaf or hard of hearing child's progress and
to establish or modify an individualized family service plan or individualized
education program.
(f)
Are reflective of the recommendations of the advisory committee established under
subsection (7).
(3)
Subject to federal law, the department shall provide the resource developed under
subsection (1) to parents and legal guardians of deaf or hard of hearing
children, shall provide the tools and assessments adopted under subsection (2)
to local school districts, intermediate school districts, public school
academies, and the Michigan School for the Deaf for use in the development and
modification of individualized family service plans or individualized education
programs, and shall provide materials and training to parents and legal guardians
of deaf or hard of hearing children, on the use of the resource developed under
subsection (1) to assist a deaf or hard of hearing child who is age 5 or
younger to be linguistically ready for kindergarten using American Sign
Language or English, or both.
(4)
By September 1, 2021, local school districts, intermediate school districts,
public school academies, and the Michigan School for the Deaf shall implement
the tools and assessments developed under subsection (2) to track the
development of a deaf or hard of hearing child's expressive and receptive
language acquisition and developmental stages toward English literacy at age 5
or younger.
(5)
A local school district, intermediate school district, public school academy,
or the Michigan School for the Deaf that administers the tools or assessments
adopted under subsection (2) or any other assessment used to assess the
development of children with disabilities as required by federal law to a child
who is deaf or hard of hearing and who is age 5 or younger and, based on the
assessment results, a child does not meet the developmental milestones or demonstrate
progress in expressive and receptive language skills necessary to meet the
developmental milestones, the child's individualized family service plan team
or individualized education program team, as applicable, shall, as part of the
process required under the individuals with disabilities education act, 20 USC
1400 to 1482, provide both of the following to each service plan team member or
program team member and the parent or legal guardian of the child:
(a)
A written statement explaining in detail why the child is not meeting the
developmental milestones or progressing toward them.
(b)
A written recommendation including specific strategies, services, and programs
that must be provided to the child to assist the child toward becoming
linguistically prepared for kindergarten and English literacy.
(6)
Subject to the individuals with disabilities education act, 20 USC 1400 to 1482,
a child who is identified as deaf or hard of hearing must be provided a learning
environment that includes services that utilize the family's choice for the
child's language and communication mode or modes and that are delivered by
professionals with background, training, and experience in that language and
communication mode or modes.
(7)
For the purposes of developing the parent resource described in subsection (1),
all of the following apply:
(a)
On or before March 1, 2021, the department shall provide the advisory committee
established under subsection (8) with a list of language developmental
milestones based on standardized norms, along with any relevant information
held by the department regarding those language developmental milestones for
possible inclusion in the parent resource developed under subsection (1). The
language developmental milestones must be aligned with any applicable existing infant,
toddler, and preschool department guidelines, existing instruments used to
assess the development of children with disabilities under federal law, and state
standards in English language arts.
(b)
On or before May 1, 2021, the advisory committee established under subsection (8)
shall recommend language developmental milestones selected for inclusion in the
parent resource described under subsection (1).
(c)
On or before June 30, 2021, the department shall inform the advisory committee
established under subsection (8) of the language developmental milestones that were
selected under subdivision (b) for inclusion in the parent resource described
under subsection (1).
(8)
The superintendent of public instruction shall appoint 13 volunteer members to
an advisory committee within the department. All of the following apply to the
advisory committee described in this subsection:
(a)
The advisory committee shall solicit input from experts on the selection of
language developmental milestones for children who are age 5 or younger and who
are deaf or hard of hearing that are equivalent to those for children who are age
5 or younger and who are not deaf or hard of hearing, for inclusion in the
resource described under subsection (1).
(b)
The advisory committee may make recommendations on materials that are unbiased
and comprehensive to add to the resource described under subsection (1).
(c)
The majority of the volunteer members appointed to serve on the committee under
this subsection must be deaf or hard of hearing. The committee must be composed
of advocates and professionals within the field of education for the deaf or hard
of hearing and parents of deaf or hard of hearing children. The advisory
committee must have both members who personally, professionally, or parentally
use the dual languages of American Sign Language and English and members who
personally, professionally, or parentally use only spoken English. The advisory
committee must include all of the following:
(i) One parent or legal guardian of a
child who is deaf or hard of hearing who uses the dual languages of American
Sign Language and English.
(ii) One parent or legal guardian of a
child who is deaf or hard of hearing who uses only spoken English, with or
without visual supplements.
(iii) One certificated teacher of deaf and
hard of hearing pupils who uses the dual languages of American Sign Language
and English.
(iv) One certificated teacher of deaf and
hard of hearing pupils from a spoken-English-only program.
(v) One certificated teacher of deaf and
hard of hearing pupils whose expertise is in curriculum and instruction in American
Sign Language and English.
(vi) One certificated teacher of deaf and
hard of hearing pupils whose expertise is in curriculum and instruction in
spoken English, with or without visual supplements.
(vii) One certificated teacher of deaf and
hard of hearing pupils whose expertise is in American Sign Language and English
language assessments.
(viii) One American Sign Language expert,
as determined by certification and an American Sign Language Proficiency
Interview of 4.0 or higher, who researches language outcomes for deaf and hard of
hearing children using American Sign Language and English.
(ix) One expert who researches language
outcomes for deaf and hard of hearing children using spoken English, with or
without visual supplements.
(x) One advocate for the teaching and
use of the dual languages of American Sign Language and English.
(xi) One advocate for the teaching and
use of spoken English, with or without visual supplements.
(xii) One early intervention specialist
who works with deaf and hard of hearing infants and toddlers using the dual
languages of American Sign Language and English.
(xiii) One speech language pathologist
whose expertise is in assessment and intervention with children who are deaf
and hard of hearing.
(9)
The advisory committee established under subsection (8) may also advise the
department on the content and administration of existing instruments used to
assess the development of children with disabilities under federal law, as used
to assess deaf and hard of hearing children's language and literacy development
to ensure the appropriate use of those instruments with those children, and may
make recommendations regarding future research to improve the measurement of
progress of deaf and hard of hearing children in language and literacy.
(10)
By July 1, 2022, and by July 1 of each year thereafter, the department shall
produce a report, using existing data reported in compliance with the federally
required state performance plan, on students with disabilities that is specific
to the language and literacy development of deaf and hard of hearing children who
are age 5 or younger as compared to their peers. The department shall make this
report available on its website homepage.
(11)
All activities of the department in implementing this section must be consistent
with federal law regarding the education of children with disabilities.
(12)
This section applies only to children who are age 5 or younger.
(13)
The legislature shall appropriate sufficient funding for the purposes of this
section.
(14)
As used in this section:
(a)
"English" includes spoken English, written English, or English
communicated with or without the use of a visual supplement.
(b)
"Language" includes, but is not limited to, American Sign Language
and English.
(c)
"Language developmental milestones" means milestones of development
aligned with existing state instruments used to meet the requirements of
federal law for the assessment of a child who is age 5 or younger.
(d)
"Visual supplement" includes, but is not limited to, smart boards,
printed materials, diagrams, graphs, certified sign language interpreters, semicircular
seating, large-print books, overhead projectors, electronic white boards,
captioned television or media, posted schedules or assignments, or
communication boards.
