2015 -- H 5697

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LC001305

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

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

STUDENTS

     Introduced By: Representatives Handy, Jacquard, Naughton, Messier, and Williams

     Date Introduced: February 26, 2015

     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) 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 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 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.

     (b) The Rhode Island department of elementary and secondary education shall develop

language assessments to monitor deaf and hard-of-hearing children's developmental language

benchmarks in American Sign Language (ASL) and English literacy and, if applicable, spoken

English and visual supplements. Language benchmarks 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 English in order to be kindergarten-ready.

When the language assessment/benchmarks indicate that the child does not have age-appropriate

expressive and receptive language skills, the individualized education plan (IEP) 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 age-appropriate. The IEP shall include recommendations and information to the

family or guardian of the child about being provided training, benchmark materials, and support

to insure appropriate language growth as well as recommendations about what the child's IEP

should include to assist the child in becoming linguistically age appropriate. These

recommendations shall be part of the child's IEP file and all recommendations shall be considered

by the child's IEP team in formulating the child's educational plans.

     (c) A qualified language expert in American Sign Language and other language experts,

as deemed appropriate for the education of the child, shall be part of the IEP team.

     (d) The Rhode Island department of education shall develop specific plans and

regulations by January 31, 2017, to fully implement the "language assessment" program.

     SECTION 2. 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

education shall develop language assessments to monitor deaf and hard-of-hearing children's

developmental language benchmarks in American Sign Language (ASL) and English literacy

and, if applicable, spoken English and visual supplements. Language benchmarks 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 English in order to

be kindergarten-ready. When the language assessment/benchmarks indicate that the child does

not have age-appropriate expressive and receptive language skills, the individual family service

plan (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 age-appropriate. The IFSP shall include recommendations

and information to the family or guardian of the child about being provided training, benchmark

materials and support to insure appropriate language growth as well as recommendations about

what the child's IFSP should include to assist the child in becoming linguistically age-appropriate.

These recommendations shall be part of the child's IFSP file and all recommendations shall be

considered by the child's IFSP team in formulating the child's educational plans.

     (c) A qualified language expert in American Sign Language and other language experts

as deemed appropriate for the education of each child, shall be part of the IFSP team.

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     (d) The Rhode Island department of education shall develop specific plans and

regulations by January, 31, 2017, to fully implement the "language assessment" program for the

benefit of children who are deaf or hard-of-hearing and under three (3) years of age.

     SECTION 3. This act shall take effect on July 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

STUDENTS

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     This act would mandate that the department of education in conjunction with the

department of human services develop programs to assess and monitor developmental language

benchmarks for deaf and hard-of-hearing children and would require that Individual Education

Plans and Individual Family Service Plans include recommendations and plans to assist the child

in becoming linguistically age-appropriate and kindergarten ready. Language experts would be

part of the IEP and IFSP teams.

     This act would take effect on July 1, 2017.

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