2016 -- H 7978 SUBSTITUTE A

========

LC005519/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO EDUCATION - INSTRUCTION FOR DEAF OR HARD-OF-HEARING

STUDENTS

     Introduced By: Representatives Handy, Nardolillo, Naughton, Ajello, and Ackerman

     Date Introduced: March 23, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-25.2-3 of the General Laws in Chapter 16-25.2 entitled

"Instruction for Deaf or Hard of Hearing Students [See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" is hereby amended to read as follows:

     16-25.2-3. Assessment. -- (a) The Rhode Island department of elementary and secondary

education (hereinafter referred to in this chapter as "the department") shall ensure that

appropriate language assessments and standardized norms are used for the purpose of monitoring

and tracking language developmental milestones in both expressive and receptive language

acquisition and developmental stages toward both or one of the languages of American Sign

Language (ASL) and English literacy for all deaf and hard-of-hearing children. For purposes of

these considerations, language shall be considered the cognitive ability to learn and use systems

of complex communication, separate from modality employed to communicate.

     (b) Individuals involved in administering assessment tools to students who are deaf or

hard of hearing shall be proficient in the student's primary communication mode, style, or

language as determined by a language assessment American Sign Language and English

consistent with the requirements of § 16-25.2-2. All assessments shall be delivered in the

student's primary communication mode, style, or language as determined by a language

assessment American Sign Language and/or English consistent with the requirements of § 16-

25.2-2, shall have been validated for the specific purposes for which they are used, and shall be

appropriately normed.

     (c) Language benchmarks must provide annual data and tracking that informs as to the

individual child's receptive and expressive language and cognitive abilities comparative to the

child’s linguistically age-appropriate peers who are not deaf or hard-of-hearing, using the ASL

and/or English in order to be school-ready.

     (d) Model language developmental milestones shall be chosen from existing standardized

norms and shall be selected by a working group and/or an advisory committee of the Rhode

Island department of elementary and secondary education as defined in §§16-25.2-3.1(a) and (b).

These model language developmental milestones chosen by the individualized education

programs (IEP), the 504 Plan (504), or individual family service plans (IFSP) as regulated by the

department of human services team in assessing the progress of the child's language development

in both or one of the languages of American Sign Language and English. For purposes of this

section, English includes spoken English, written English, or English with the use of visual

supplements.

     (e) All results shall be shared with parents in an accessible language.

     (f) If a deaf or hard-of-hearing child does not demonstrate progress in age-appropriate

expressive and receptive language skills, as measured by the educator toll developed pursuant to

§16-25.2-3.1, the language developmental milestones shall be disseminated to the child's IEP,

504, or IFSP team, including parents and guardians of the deaf or hard-of-hearing child, along

with materials and training to ensure appropriate language growth remains a priority and

continues to be monitored annually in the child's IEP, 504, or IFSP.

     (g) IEP, 504, or IFSP must include as much detail as possible to explain the lack of such

skills and make specific recommendations as to what strategies, services, and programs will be

available to assist the child in becoming linguistically ready for kindergarten and/or linguistically

age-appropriate. These recommendations shall be part of the child's IEP, 504 plans, or IFSP and

in developing the child's educational plans.

     (h) The department, with the assistance of a workgroup as defined in §16-25.2-3.1 shall

develop specific plans and regulations by July 1, 2018, to fully implement this language

assessment program.

     SECTION 2. Chapter 16-25.2 of the General Laws entitled “Instruction for the Deaf and

Hard-of-Hearing Students” is hereby amended by adding thereto the following section:

     16-25.2-3.1. Implementation. -- (a) On or before January 1, 2017, the department shall

establish a workgroup. The purpose of the workgroup is to develop the following by July 1,

2018:

LC005519/SUB A - Page 2 of 6

     (1) Standards for language development milestones;

     (2) Methods for monitoring and reporting children’s development related to the

milestones;

     (3) Selecting evidence-based assessment tools and the required skills necessary to deliver

the assessments;

     (4) Methods for delivering the student assessment results to students, parents, teachers,

administrators and others as deemed appropriate;

     (5) Methods to deliver aggregated data to stakeholders, schools and Rhode Island

department of education, for examining areas of training and service delivery improvement;

     (6) Methods of communicating the milestones, assessment tools and student progress

monitoring to students, parents, and educators; and

     (7) Permanent advisory council to oversee the “language assessment” program effective

January 1, 2018;

     (i) The workgroup will be composed of up to seven (7) members, appointed by the Rhode

Island department of elementary and secondary education and RI commission on the deaf and

hard-of-hearing, who possess the following characteristics:

     (A) Open to different perspectives;

     (B) Willing to engage in research and investigation;

     (C) Willing to consider the needs of deaf and hard-of-hearing students from all education

settings;

     (D) Committed to working on an aggressive timeline to produce clear and implementable

recommendations; and

     (E) Sensitive toward multi-cultural and socio-economic factors;

     (ii) Workgroup characteristics would include members who:

     (A) Understand child development;

     (B) Understands how American Sign Language (ASL) develops in deaf and hard-of-

hearing children;

     (C) Understands how English, including various modalities, develops in deaf and hard-

of- hearing children;

     (D) Are knowledgeable about assessments and assessment administration works for this

population;

     (E) Are knowledgeable about deaf culture and community values;

     (F) Are knowledgeable about how schools typically operate and how services are best

provided to children in various education settings;

LC005519/SUB A - Page 3 of 6

     (G) Are knowledgeable about early intervention and early childhood education; and

     (H) Are knowledgeable about family engagement.

     (b) Commencing on or before July 31, 2019, and annually on or before each July 31

thereafter, the department shall annually produce a report, using the existing data reported in

compliance with the federally required state performance plan on pupils with disabilities, that is

specific to language and literacy development of deaf and hard-of-hearing children from birth to

eight (8) years of age, inclusive, including those who are deaf or hard-of-hearing and have other

disabilities, relative to their peers who are not deaf or hard-of-hearing. The department shall make

this report available on its Internet website.

     (c) All activities of the department in implementing this section shall be consistent with

federal law regarding education of children with disabilities and federal law regarding the privacy

of pupil information.

     (d) The department shall, on or before January 1, 2018, develop specific action plans and

regulations to fully implement this section.

     (e) For the purpose of this section, the term "language developmental milestones" means

milestones of development aligned with the existing state instrument used to meet the

requirements of federal law for the assessment of children from birth to eight (8) years of age,

inclusive.

     (f) This section shall apply to children from birth to ten (10) years of age, inclusive. After

eight (8) years of age, the assessment shall be conducted every three (3) years until graduation.

     SECTION 3. Chapter 23-13 of the General Laws entitled "Maternal and Child Health

Services for Children with Special Health Care Needs" is hereby amended by adding thereto the

following section:

     23-13-27. Assessment for deaf and hard-of-hearing language development. --

(a) The Rhode Island department of human services, with assistance of the Rhode Island

department of elementary and secondary education, shall develop language assessments to

monitor deaf and hard-of-hearing children’s language developmental milestones in both or one of

the languages of American Sign Language (ASL) and English literacy and, if applicable, spoken

English and visual supplements. Language developmental milestones must include data and

tracking that provides information as to the individual child's receptive and expressive language

comparative to the child's age and cognitive abilities using ASL and/or English in order to be

school-ready.

     (b) Model language developmental milestones shall be chosen from existing standardized

norms and shall be selected by a working group and/or an advisory committee of the Rhode

LC005519/SUB A - Page 4 of 6

Island department of elementary and secondary education as defined in §§16-25.2-3.1(a) and (b).

These model language developmental milestones chosen by the individualized education

programs (IEP), the 504 Plan (504), or individual family service plans (IFSP) as regulated by the

department of human services team in assessing the progress of the child's language development

in both or one of the languages of American Sign Language and English. For purposes of this

section, English includes spoken English, written English, or English with the use of visual

supplements.

     (c) All results shall be shared with parents in an accessible language.

     (d) If a deaf or hard-of-hearing child does not demonstrate progress in age-appropriate

expressive and receptive language skills, as measured by the educator toll developed pursuant to

§16-25.2-3.1, the language developmental milestones shall be disseminated to the child's IEP,

504, or IFSP team, including parents and guardians of the deaf or hard-of-hearing child, along

with materials and training to ensure appropriate language growth remains a priority and

continues to be monitored annually in the child's IEP, 504, or IFSP.

     (e) IEP, 504, or IFSP must include as much detail as possible to explain the lack of such

skills and make specific recommendations as to what strategies, services, and programs will be

available to assist the child in becoming linguistically ready for kindergarten and/or linguistically

age-appropriate. These recommendations shall be part of the child's IEP, 504 plans, or IFSP in

developing the child's educational plans.

     (f) The Rhode Island department of elementary and secondary education with the

assistance of a workgroup as defined in §16-25.2-3.1 shall develop specific plans and regulations

by July 1, 2018, to fully implement this language assessment program.

     SECTION 4. This act shall take effect upon passage.

========

LC005519/SUB A

========

LC005519/SUB A - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - INSTRUCTION FOR DEAF OR HARD-OF-HEARING

STUDENTS

***

     This act would direct that the Rhode Island department of elementary and secondary

education ensure that appropriate language assessments and standardized norms are used for the

purpose of monitoring and tracking language developmental milestones in both expressive and

receptive language acquisition and developmental stages toward American Sign Language (ASL)

and English literacy for all deaf and hard-of-hearing children.

     This act would take effect upon passage.

========

LC005519/SUB A

========

LC005519/SUB A - Page 6 of 6