S T A T E O F N E W Y O R K
________________________________________________________________________
7808
I N S E N A T E
June 20, 2012
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the duties of school
districts concerning the services provided to deaf and hard of hearing
children in the area of language and modes of communication
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4402 of the education law is amended by adding a
new subdivision 8 to read as follows:
8. A. AS USED IN THIS SUBDIVISION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "COMMUNICATION MODE OR LANGUAGE" MEANS ONE OR MORE OF THE
FOLLOWING LANGUAGES OR METHODS OF COMMUNICATION APPLICABLE TO DEAF AND
HARD OF HEARING CHILDREN:
(1) AMERICAN SIGN LANGUAGE;
(2) CUED SPEECH;
(3) ORAL, AURAL, SPEECH-BASED TRAINING, OR SPOKEN ENGLISH; AND
(4) A COMBINATION OF DIFFERENT COMMUNICATION MODES.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER IS
AUTHORIZED AND EMPOWERED TO ENACT REGULATIONS CONCERNING WHAT THE
COMMITTEE, OR WHEN APPLICABLE THE SUBCOMMITTEE, ON SPECIAL EDUCATION
SHALL CONSIDER IN TERMS OF THE CHILD'S SPECIFIC LANGUAGE AND COMMUNI-
CATION NEEDS.
C. THE COMMITTEE, OR WHEN APPLICABLE, THE SUBCOMMITTEE, ON SPECIAL
EDUCATION SHALL CONSIDER THE DEAF OR HARD OF HEARING CHILD'S SPECIFIC
LANGUAGE AND COMMUNICATION NEEDS AND ADDRESS THOSE NEEDS AS APPROPRIATE
IN THE CHILD'S INDIVIDUAL EDUCATION PROGRAM. IN CONSIDERING THE CHILD'S
NEEDS, THE COMMITTEE, OR WHEN APPLICABLE, THE SUBCOMMITTEE, SHALL
EXPRESSLY CONSIDER THE FOLLOWING:
(1) THE CHILD'S INDIVIDUAL COMMUNICATION MODE OR LANGUAGE;
(2) THE AVAILABILITY TO THE CHILD OF A SUFFICIENT NUMBER OF AGE,
COGNITIVE, AND LANGUAGE PEERS OF SIMILAR ABILITIES;
(3) THE AVAILABILITY TO THE CHILD OF DEAF OR HARD OF HEARING ADULT
MODELS OF THE CHILD'S COMMUNICATION MODE OR LANGUAGE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16326-01-2
S. 7808 2
(4) THE PROVISION OF APPROPRIATE, DIRECT, AND ONGOING LANGUAGE ACCESS
TO TEACHERS OF THE DEAF AND HARD OF HEARING AND INTERPRETERS AND OTHER
SUCH SPECIALISTS WHO ARE PROFICIENT IN THE CHILD'S PRIMARY COMMUNICATION
MODE OR LANGUAGE; AND
(5) THE PROVISION OF COMMUNICATION-ACCESSIBLE ACADEMIC INSTRUCTION,
SCHOOL SERVICES, AND EXTRACURRICULAR ACTIVITIES.
D. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE INSTRUCTION IN MORE THAN
ONE COMMUNICATION MODE OR LANGUAGE FOR ANY PARTICULAR CHILD. ANY CHILD
FOR WHOM INSTRUCTION IN A PARTICULAR COMMUNICATION MODE OR LANGUAGE IS
DETERMINED TO BE BENEFICIAL SHALL RECEIVE SUCH INSTRUCTION AS PART OF
THE CHILD'S INDIVIDUAL EDUCATIONAL PROGRAM.
E. NOTHING IN THIS SUBDIVISION SHALL ABROGATE PARENTAL CHOICE AMONG
PUBLIC EDUCATIONAL PROGRAMS AS OTHERWISE PROVIDED BY LAW.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.