S T A T E O F N E W Y O R K
________________________________________________________________________
7261
I N S E N A T E
January 5, 2018
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the rights of children
and parents of children suspected of being deaf or hard of hearing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 4202-a
to read as follows:
§ 4202-A. RIGHTS OF CHILDREN AND PARENTS OF CHILDREN SUSPECTED OF
BEING DEAF OR HARD OF HEARING. 1. THE FOLLOWING RIGHTS ARE ESTABLISHED:
(A) PARENTS OF CHILDREN SUSPECTED OF BEING DEAF OR HARD OF HEARING,
AND OF THOSE CHILDREN IDENTIFIED AS DEAF OR HARD OF HEARING, WILL BE
PROVIDED WITH COMPREHENSIVE AND NEUTRAL, UNBIASED INFORMATION REGARDING:
(I) HEARING TECHNOLOGY (HEARING AIDS, BONE ANCHORED HEARING AIDS,
COCHLEAR IMPLANTS, REMOTE MICROPHONE SYSTEMS);
(II) DIFFERENT COMMUNICATION MODES; AND
(III) SERVICES AND PROGRAMS DESIGNED TO MEET THE NEEDS OF SUCH CHIL-
DREN.
(B) PARENTS OF CHILDREN SUSPECTED OF BEING DEAF OR HARD OF HEARING,
AND OF THOSE CHILDREN IDENTIFIED AS DEAF OR HARD OF HEARING, WILL BE
PROVIDED COMPREHENSIVE AND UNBIASED INFORMATION REGARDING, AND ACCESS
TO, SUPPORT AND ADVOCACY SERVICES FROM PUBLIC AND PRIVATE AGENCIES AND
OTHER ENTITIES KNOWLEDGEABLE ABOUT THE NEEDS OF CHILDREN WHO ARE DEAF OR
HARD OF HEARING.
(C) PARENTS OF CHILDREN WHO ARE DEAF OR HARD OF HEARING HAVE THE RIGHT
TO CHOOSE THE COMMUNICATION MODE OR MODES THEY DEEM APPROPRIATE FOR
THEIR CHILD.
(D) CHILDREN WHO ARE IDENTIFIED AS DEAF OR HARD OF HEARING WILL BE
PROVIDED LEARNING ENVIRONMENTS WITH SERVICES UTILIZING THE FAMILY'S
CHOICE OF CHILD'S COMMUNICATION MODE OR MODES AND DELIVERED BY PROFES-
SIONALS WITH BACKGROUND, TRAINING, AND EXPERIENCE IN THAT COMMUNICATION
MODE OR MODES.
(E) STATE AGENCIES WILL COLLABORATE TO PROVIDE UNIFIED AND SEAMLESS
SERVICES FROM THE ONSET OF THE EARLY HEARING DETECTION AND INTERVENTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13993-01-7
S. 7261 2
(EHDI) PROCESS THROUGH THE CHILD'S SCHOOL CAREER TO ENSURE THERE ARE NO
GAPS IN SERVICE PROVISION.
2. SUBJECT TO THE RIGHTS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
THE FOLLOWING GOALS SHALL GOVERN ALL SERVICES AND INTERACTIONS REGARDING
EACH CHILD WHO IS DEAF OR HARD OF HEARING:
(A) READINESS FOR KINDERGARTEN COMPARABLE TO CHILDREN WITH TYPICAL
HEARING; AND
(B) ENGLISH LITERACY BY END OF THIRD GRADE (EXPRESSIVE, RECEPTIVE, AND
WRITTEN) COMPARABLE TO CHILDREN WITH TYPICAL HEARING.
3. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) DEAF. POSSESSION OF HEARING LEVELS THAT, WITH OR WITHOUT HEARING
TECHNOLOGY, SUBSTANTIALLY IMPACT A CHILD'S ABILITY TO UNDERSTAND SPOKEN
LANGUAGE.
(B) HARD OF HEARING. POSSESSION OF HEARING LEVELS THAT, WITH OR WITH-
OUT HEARING TECHNOLOGY, IMPACT A CHILD'S ABILITY TO UNDERSTAND SPOKEN
LANGUAGE.
(C) LANGUAGE. METHOD OF HUMAN COMMUNICATION, WHETHER SPOKEN, WRITTEN,
OR SIGNED, CONSISTING OF THE USE OF WORDS IN A STRUCTURED AND CONVEN-
TIONAL WAY.
(D) AMERICAN SIGN LANGUAGE (ASL). A VISUAL, SPATIAL, AND TACTILE
LANGUAGE THAT IS THREE-DIMENSIONAL. LIKE ALL LANGUAGES, IT IS RULE-GO-
VERNED AND HAS VISUAL PHONOLOGICAL, MORPHOLOGICAL, SYNTACTIC, AND GRAM-
MATICAL PROPERTIES SPECIFIC TO ASL. IT IS USED PREDOMINANTLY IN THE
UNITED STATES AND IN ENGLISH-SPEAKING PARTS OF CANADA.
(E) ENGLISH. A SPOKEN LANGUAGE THAT CAN ALSO BE PRINTED AND WRITTEN.
WHEN VOCALIZED, ENGLISH IS PRODUCED BY A NATURALLY EVOLVED SYSTEM OF
ARTICULATED SOUNDS PRODUCED BY ONE'S VOICE FOR THE PURPOSE OF EASILY
LINKING WORDS TOGETHER TO FLUENTLY CONVEY MEANING. ENGLISH IS THE RECOG-
NIZED LANGUAGE OF THE UNITED STATES AND ITS PUBLIC SCHOOLS.
(F) COMMUNICATION MODE. MEDIUM OR CHANNEL THROUGH WHICH COMMUNICATIVE
INTENT IS EXPRESSED AND RECEIVED, INCLUDING SIGN, SPEECH, FACIAL
EXPRESSION, GESTURE, AND PRINTED TEXT. COMMUNICATION GENERALLY DRAWS ON
MULTIPLE MODES, SUCH AS VOCALIZATION, SPEECH, GESTURE, SIGNS, AND
SYMBOLS AND IS REFERRED TO AS MULTIMODAL. THERE ARE THREE GENERAL MECH-
ANISMS FOR USE OF COMMUNICATION MODES AMONG PEOPLE WITH HEARING LOSS:
VOCAL, VISUAL, AND A COMBINATION OF VOCAL/VISUAL. THE MODES OF COMMUNI-
CATION USED BY CHILDREN WHO ARE DEAF OR HARD OF HEARING ARE:
(I) LISTENING AND SPOKEN LANGUAGE (LSL). AN APPROACH THAT FOCUSES ON
MAXIMIZING LISTENING THROUGH THE USE OF HEARING TECHNOLOGIES, PROFES-
SIONAL INTERVENTION, AND FAMILY INVOLVEMENT/SUPPORT TO FACILITATE THE
ACQUISITION AND DEVELOPMENT OF THE SPOKEN LANGUAGE OR LANGUAGES OF THE
CHILD'S HOME AND COMMUNITY. MAY ALSO BE CALLED "AUDITORY/ORAL" OR "AUDI-
TORY-VERBAL".
(II) BILINGUAL/BICULTURAL (BI-BI). A BILINGUAL APPROACH WHICH INCLUDES
THE DEVELOPMENT OF BOTH SIGN LANGUAGE AS THE CHILD'S MODE OF RECEPTIVE
AND EXPRESSIVE COMMUNICATION AND ENGLISH LITERACY SKILLS. ASL IS VIEWED
AS THE CHILD'S FIRST LANGUAGE, AND WRITTEN ENGLISH IS INTRODUCED AS A
SECOND LANGUAGE. INVOLVEMENT WITH THE DEAF COMMUNITY AND IMMERSION IN
DEAF CULTURE ARE EMPHASIZED.
(III) CUED SPEECH. A VISUAL COMMUNICATION SYSTEM THAT USES HAND SHAPES
AND PLACEMENTS IN COMBINATION WITH THE MOUTH MOVEMENTS OF SPEECH TO
IDENTIFY THE PHONEMES OF SPOKEN LANGUAGE THAT LOOK SIMILAR TO ONE ANOTH-
ER.
(IV) TOTAL COMMUNICATION (COMBINATION). THE COMBINED USE OF SIGNS,
SPEECH, SPEECH-READING, AUDITORY TRAINING, VISUAL AIDS, MANUAL GESTURES,
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AND WRITING TO CONVEY INFORMATION. THIS MAY INCLUDE SIMULTANEOUS COMMU-
NICATION (SIMCOM), A SYSTEM OF COMMUNICATION IN WHICH BOTH A SPOKEN
LANGUAGE AND A MANUAL VARIANT OF THAT LANGUAGE, SUCH AS ENGLISH AND
MANUALLY CODED ENGLISH, ARE USED SIMULTANEOUSLY. TOTAL COMMUNICATION
MAY INCLUDE THE USE OF ASL OR ENGLISH-BASED SIGN SYSTEMS, SUCH AS SIGNED
EXACT ENGLISH, A SYSTEM OF MANUAL COMMUNICATION-SIGNS AND FINGERSPELLING
THAT IS AN EXACT REPRESENTATION OF SPOKEN ENGLISH VOCABULARY AND GRAM-
MAR.
4. LANGUAGE DEVELOPMENT FOR DEAF AND HARD OF HEARING CHILDREN. (A) THE
DEPARTMENT SHALL SELECT VARIOUS LANGUAGE DEVELOPMENTAL MILESTONES FROM
EXISTING STANDARDIZED NORMS USED FOR EVALUATING CHILDREN WITH TYPICAL
HEARING, PURSUANT TO THE PROCESS SPECIFIED IN PARAGRAPH (D) OF THIS
SUBDIVISION, FOR PURPOSES OF DEVELOPING A RESOURCE GUIDE FOR USE BY
PARENTS TO MONITOR AND TRACK DEAF AND HARD OF HEARING CHILDREN'S EXPRES-
SIVE AND RECEPTIVE LANGUAGE ACQUISITION, BASED ON THE CHILD'S PREFERRED
COMMUNICATION MODE, AND DEVELOPMENTAL STAGES TOWARD ENGLISH LITERACY.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "LANGUAGE DEVELOPMENTAL
MILESTONES" MEANS MILESTONES OF DEVELOPMENT ALIGNED WITH THE EXISTING
STATE INSTRUMENT AND THE CHILD'S PREFERRED COMMUNICATION MODE USED TO
MEET THE REQUIREMENTS OF FEDERAL LAW FOR THE ASSESSMENT OF CHILDREN FROM
BIRTH TO FIVE YEARS OF AGE, INCLUSIVE. THIS PARENT RESOURCE GUIDE
SHALL:
(I) INCLUDE THE LANGUAGE DEVELOPMENTAL MILESTONES SELECTED PURSUANT TO
THE PROCESS SPECIFIED IN PARAGRAPH (D) OF THIS SUBDIVISION;
(II) BE APPROPRIATE FOR USE, IN BOTH CONTENT AND ADMINISTRATION, WITH
DEAF AND HARD OF HEARING CHILDREN FROM BIRTH TO FIVE YEARS OF AGE,
INCLUSIVE, WHO USE ONE OR BOTH OF THE LANGUAGES OF AMERICAN SIGN
LANGUAGE AND ENGLISH, AND BASED UPON THE FAMILY'S PREFERRED COMMUNI-
CATION MODE;
(III) PRESENT THE DEVELOPMENTAL MILESTONES IN TERMS OF TYPICAL DEVEL-
OPMENT OF ALL CHILDREN, BY AGE RANGE;
(IV) BE WRITTEN FOR CLARITY AND EASE OF USE BY PARENTS;
(V) BE ALIGNED TO THE DEPARTMENT'S EXISTING INFANT, TODDLER, AND
PRESCHOOL GUIDELINES, THE EXISTING INSTRUMENT USED TO ASSESS THE DEVEL-
OPMENT OF CHILDREN WITH DISABILITIES PURSUANT TO FEDERAL LAW, AND STATE
STANDARDS IN ENGLISH LANGUAGE ARTS;
(VI) MAKE CLEAR THAT THE PARENT RESOURCE IS NOT A FORMAL ASSESSMENT OF
LANGUAGE AND LITERACY DEVELOPMENT, AND THAT A PARENT'S OBSERVATIONS OF
THEIR CHILDREN MAY DIFFER FROM FORMAL ASSESSMENT DATA PRESENTED AT AN
INDIVIDUALIZED FAMILY SERVICE PLAN OR INDIVIDUALIZED EDUCATION PROGRAM
MEETING; AND
(VII) MAKE CLEAR THAT A PARENT MAY BRING THE PARENT RESOURCE TO AN
INDIVIDUALIZED FAMILY SERVICE PLAN OR INDIVIDUALIZED EDUCATION PROGRAM
MEETING FOR PURPOSES OF SHARING THEIR OBSERVATIONS ABOUT THEIR CHILD'S
DEVELOPMENT.
(VIII) INCLUDE THE FOLLOWING INFORMATION:
(A) COMPREHENSIVE AND UNBIASED INFORMATION REGARDING LANGUAGE ACQUISI-
TION AND DEVELOPMENT;
(B) TYPES AND DEGREES OF HEARING LOSS;
(C) LANGUAGE OPTIONS;
(D) MODES OF COMMUNICATION;
(E) TECHNOLOGY OPTIONS;
(F) DEVELOPMENTAL MILESTONES OF LANGUAGE ACQUISITION (RECEPTIVE AND
EXPRESSIVE) FOR AMERICAN SIGN LANGUAGE;
(G) DEVELOPMENTAL MILESTONES OF LANGUAGE ACQUISITION (RECEPTIVE AND
EXPRESSIVE) FOR ENGLISH LANGUAGE;
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(H) SKILLS NECESSARY FOR PRE-LITERACY;
(I) SKILLS NECESSARY FOR PRESCHOOL READINESS;
(J) SKILLS NECESSARY FOR KINDERGARTEN READINESS;
(K) SKILLS NECESSARY FOR THIRD-GRADE LITERACY;
(L) EXISTING STATE EDUCATIONAL AND THERAPY SERVICES AND PROGRAMS; AND
(M) SUPPORT, INFORMATION, AND ADVOCACY SERVICES AVAILABLE FROM STATE
AND NATIONAL PUBLIC AND PRIVATE AGENCIES AND OTHER ENTITIES KNOWLEDGE-
ABLE ABOUT THE NEEDS OF CHILDREN WHO ARE DEAF OR HARD OF HEARING.
(B) THE DEPARTMENT SHALL ALSO SELECT RECOMMENDED TOOLS OR ASSESSMENTS
FOR EDUCATORS, BASED UPON THE CHILD'S PREFERRED COMMUNICATION MODE, THAT
CAN BE USED TO ASSESS THE LANGUAGE AND LITERACY DEVELOPMENT OF DEAF AND
HARD OF HEARING CHILDREN. THESE EDUCATOR TOOLS OR ASSESSMENTS:
(I) SHALL BE IN A FORMAT THAT SHOWS STAGES OF LANGUAGE DEVELOPMENT;
(II) SHALL BE SELECTED FOR USE BY EDUCATORS TO TRACK THE DEVELOPMENT
OF DEAF AND HARD OF HEARING CHILDREN'S EXPRESSIVE AND RECEPTIVE LANGUAGE
ACQUISITION AND DEVELOPMENTAL STAGES TOWARD ENGLISH LITERACY;
(III) SHALL BE SELECTED FROM EXISTING INSTRUMENTS OR ASSESSMENTS USED
TO ASSESS THE DEVELOPMENT OF ALL CHILDREN FROM BIRTH TO FIVE YEARS OF
AGE, INCLUSIVE;
(IV) SHALL BE APPROPRIATE, IN BOTH CONTENT AND ADMINISTRATION, FOR USE
WITH DEAF AND HARD OF HEARING CHILDREN;
(V) SHALL BE ALIGNED WITH THE PARTICULAR CHILD'S PREFERRED COMMUNI-
CATION MODE;
(VI) MAY BE USED, IN ADDITION TO THE ASSESSMENT REQUIRED BY FEDERAL
LAW, BY THE CHILD'S INDIVIDUALIZED FAMILY SERVICE PLAN OR INDIVIDUALIZED
EDUCATION PROGRAM TEAM, AS APPLICABLE, TO TRACK DEAF AND HARD OF HEARING
CHILDREN'S PROGRESS, AND TO ESTABLISH OR MODIFY INDIVIDUALIZED FAMILY
SERVICE PLANS OR INDIVIDUALIZED EDUCATION PROGRAM MEETING PLANS; AND
(VII) MAY REFLECT THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE ESTAB-
LISHED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
(C) (I) THE DEPARTMENT SHALL DISSEMINATE THE PARENT RESOURCE GUIDE
DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION TO
PARENTS AND GUARDIANS OF DEAF AND HARD OF HEARING CHILDREN, AND, PURSU-
ANT TO FEDERAL LAW, SHALL DISSEMINATE THE EDUCATOR TOOLS AND ASSESSMENTS
SELECTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION TO LOCAL EDUCA-
TIONAL AGENCIES TO ASSIST IN THE DEVELOPMENT AND MODIFICATION OF INDI-
VIDUALIZED FAMILY SERVICE PLANS OR INDIVIDUALIZED EDUCATION PROGRAM
PLANS, AND SHALL PROVIDE MATERIALS AND TRAINING ON ITS USE, TO ASSIST
DEAF AND HARD OF HEARING CHILDREN IN BECOMING LINGUISTICALLY READY FOR
KINDERGARTEN BASED ON THE FAMILY'S PREFERRED COMMUNICATION MODE, AND
USING ONE OR BOTH OF THE LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH
AS RELEVANT TO THAT COMMUNICATION MODE.
(II) IF A DEAF OR HARD OF HEARING CHILD DOES NOT DEMONSTRATE PROGRESS
IN EXPRESSIVE AND RECEPTIVE LANGUAGE SKILLS, AS MEASURED BY ONE OF THE
EDUCATOR TOOLS OR ASSESSMENTS SELECTED PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION, OR BY THE EXISTING INSTRUMENT USED TO ASSESS THE DEVELOP-
MENT OF CHILDREN WITH DISABILITIES PURSUANT TO FEDERAL LAW, THE CHILD'S
INDIVIDUALIZED FAMILY SERVICE PLAN OR INDIVIDUALIZED EDUCATION PROGRAM
TEAM, AS APPLICABLE, SHALL, AS PART OF THE PROCESS REQUIRED BY FEDERAL
LAW, ANALYZE THE REASONS WHY THE CHILD IS NOT MEETING THE LANGUAGE
DEVELOPMENTAL MILESTONES OR PROGRESSING TOWARDS THEM, AND SHALL RECOM-
MEND SPECIFIC STRATEGIES, SERVICES, AND PROGRAMS THAT SHALL BE PROVIDED
TO ASSIST THE CHILD'S SUCCESS TOWARD ENGLISH LITERACY.
(D) (I) ON OR BEFORE MARCH FIRST, TWO THOUSAND EIGHTEEN, THE DEPART-
MENT SHALL PROVIDE THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO PARA-
GRAPH (E) OF THIS SUBDIVISION WITH A LIST OF RECOMMENDED EXISTING
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LANGUAGE DEVELOPMENTAL MILESTONES FROM EXISTING STANDARDIZED NORMS,
ALONG WITH ANY RELEVANT INFORMATION HELD BY THE DEPARTMENT REGARDING
THOSE LANGUAGE DEVELOPMENTAL MILESTONES FOR POSSIBLE INCLUSION IN THE
PARENT RESOURCE GUIDE DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION. THESE LANGUAGE DEVELOPMENTAL MILESTONES SHALL BE ALIGNED TO THE
DEPARTMENT'S EXISTING INFANT, TODDLER, AND PRESCHOOL GUIDELINES, THE
EXISTING INSTRUMENT USED TO ASSESS THE DEVELOPMENT OF CHILDREN WITH
DISABILITIES PURSUANT TO FEDERAL LAW, THE CHILD'S PREFERRED COMMUNI-
CATION MODE, AND THE STATE STANDARDS IN ENGLISH LANGUAGE ARTS.
(II) ON OR BEFORE JUNE FIRST, TWO THOUSAND EIGHTEEN, THE ADVISORY
COMMITTEE SHALL RECOMMEND LANGUAGE DEVELOPMENTAL MILESTONES FOR NON-EX-
CLUSIVE USE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(III) ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND EIGHTEEN, THE DEPART-
MENT SHALL INFORM THE ADVISORY COMMITTEE OF WHICH LANGUAGE DEVELOPMENTAL
MILESTONES WERE SELECTED FROM SUCH RECOMMENDATIONS.
(E) (I) THE COMMISSIONER SHALL ESTABLISH AN AD HOC ADVISORY COMMITTEE
FOR PURPOSES OF SOLICITING INPUT FROM VARIOUS PERSONS, INCLUDING
EXPERTS, PARENTS AND OTHERS, TO RECOMMEND CONTENT FOR INCLUSION IN THE
PARENT RESOURCE GUIDE TO BE DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A)
OF THIS SUBDIVISION. THE ADVISORY COMMITTEE MAY ALSO MAKE RECOMMENDA-
TIONS ON THE SELECTION AND ADMINISTRATION OF THE EDUCATOR TOOLS OR
ASSESSMENTS SELECTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(II) THE ADVISORY COMMITTEE SHALL CONSIST OF TEN VOLUNTEERS, AND SHALL
BE COMPRISED OF A MIX OF PARENTS OF CHILDREN WHO ARE DEAF OR HARD OF
HEARING, PROFESSIONALS WHO SERVE CHILDREN WHO ARE DEAF OR HARD OF HEAR-
ING AND ADULTS WHO ARE DEAF OR HARD OF HEARING. THE VOLUNTEERS SHALL BE
SELECTED SO AS TO AVOID REPRESENTATIONAL BIAS TOWARD ANY PARTICULAR
LANGUAGE, COMMUNICATION MODE OR CULTURE. THE COMMITTEE SHALL INCLUDE:
(A) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES
LISTENING AND SPOKEN LANGUAGE;
(B) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES
AMERICAN SIGN LANGUAGE;
(C) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES CUED
SPEECH;
(D) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES
TOTAL COMMUNICATION;
(E) ONE PROFESSIONAL WHO WORKS WITH CHILDREN WHO ARE DEAF OR HARD OR
HEARING USING LISTENING AND SPOKEN LANGUAGE;
(F) ONE PROFESSIONAL WHO WORKS WITH CHILDREN WHO ARE DEAF OR HARD OF
HEARING USING AMERICAN SIGN LANGUAGE;
(G) ONE PROFESSIONAL WHO WORKS WITH CHILDREN WHO ARE DEAF OR HARD OF
HEARING USING CUED SPEECH;
(H) ONE PROFESSIONAL WHO WORKS WITH CHILDREN WHO ARE DEAF OR HARD OF
HEARING USING TOTAL COMMUNICATION;
(I) ONE ADULT WHO IS DEAF OR HARD OF HEARING WHO USES SPOKEN LANGUAGE;
AND
(J) ONE ADULT WHO IS DEAF OR HARD OF HEARING WHO USES SIGN LANGUAGE.
(F) ACTION BY THE ADVISORY COMMITTEE SHALL BE IN THE FORM OF RECOMMEN-
DATIONS, AND SHALL REQUIRE A TWO-THIRDS AFFIRMATIVE VOTE OF THE ENTIRE
COMMITTEE MEMBERSHIP.
(G) THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH (E) OF
THIS SUBDIVISION MAY ALSO ADVISE THE DEPARTMENT OR ITS CONTRACTOR ON THE
CONTENT AND ADMINISTRATION OF THE RECOMMENDED EXISTING INSTRUMENT USED
TO ASSESS THE DEVELOPMENT OF CHILDREN WITH DISABILITIES PURSUANT TO
FEDERAL LAW, AS USED TO ASSESS DEAF AND HARD OF HEARING CHILDREN'S
LANGUAGE AND LITERACY DEVELOPMENT TO ENSURE THE APPROPRIATE USE OF THAT
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INSTRUMENT 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.
(H) COMMENCING ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND EIGHTEEN,
AND ON OR BEFORE EACH JULY THIRTY-FIRST THEREAFTER, THE DEPARTMENT SHALL
ANNUALLY PRODUCE A REPORT, USING EXISTING DATA REPORTED IN COMPLIANCE
WITH THE FEDERALLY REQUIRED STATE PERFORMANCE PLAN ON PUPILS WITH DISA-
BILITIES, AND APPLYING THE CHILDREN'S PREFERRED COMMUNICATION MODES,
THAT IS SPECIFIC TO LANGUAGE AND LITERACY DEVELOPMENT OF DEAF AND HARD
OF HEARING CHILDREN FROM BIRTH TO FIVE YEARS OF AGE, INCLUSIVE, INCLUD-
ING 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 DEPART-
MENT SHALL MAKE THIS REPORT AVAILABLE ON THE DEPARTMENT'S WEBSITE.
(I) ALL ACTIVITIES OF THE DEPARTMENT IN IMPLEMENTING THIS SECTION
SHALL BE CONSISTENT WITH FEDERAL LAW REGARDING THE EDUCATION OF CHILDREN
WITH DISABILITIES AND FEDERAL LAW REGARDING THE PRIVACY OF PUPIL INFOR-
MATION.
(J) THIS SECTION SHALL APPLY ONLY TO CHILDREN FROM BIRTH TO FIVE YEARS
OF AGE, INCLUSIVE.
(K) THE IMPLEMENTATION OF THIS SECTION SHALL BE SUBJECT TO AN APPRO-
PRIATION MADE THEREFOR.
§ 2. This act shall take effect immediately. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
