S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    674
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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  language  development
   for deaf and hard of hearing students

   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  4214
 to read as follows:
   § 4214. LANGUAGE DEVELOPMENT FOR DEAF AND HARD OF HEARING CHILDREN. 1.
 THE  DEPARTMENT  SHALL  SELECT  LANGUAGE  DEVELOPMENTAL  MILESTONES FROM
 EXISTING STANDARDIZED NORMS, PURSUANT TO THE PROCESS SPECIFIED IN SUBDI-
 VISION FOUR OF THIS SECTION, FOR PURPOSES OF DEVELOPING A  RESOURCE  FOR
 USE  BY PARENTS TO MONITOR AND TRACK DEAF AND HARD OF HEARING CHILDREN'S
 EXPRESSIVE AND RECEPTIVE LANGUAGE ACQUISITION AND  DEVELOPMENTAL  STAGES
 TOWARD  ENGLISH  LITERACY.  FOR  THE  PURPOSES 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 FIVE YEARS
 OF AGE, INCLUSIVE. THIS PARENT RESOURCE SHALL:
   A. INCLUDE THE LANGUAGE DEVELOPMENTAL MILESTONES SELECTED PURSUANT  TO
 THE PROCESS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION;
   B.  BE  APPROPRIATE  FOR USE, IN BOTH CONTENT AND ADMINISTRATION, WITH
 DEAF CHILDREN FROM BIRTH TO FIVE YEARS OF AGE, INCLUSIVE, WHO USE ONE OR
 BOTH OF THE LANGUAGES OF AMERICAN SIGN LANGUAGE  AND  ENGLISH.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  "ENGLISH" INCLUDES SPOKEN ENGLISH, WRITTEN
 ENGLISH, OR ENGLISH WITH THE USE OF VISUAL SUPPLEMENTS;
   C. PRESENT THE DEVELOPMENTAL MILESTONES IN TERMS OF  TYPICAL  DEVELOP-
 MENT OF ALL CHILDREN, BY AGE RANGE;
   D. BE WRITTEN FOR CLARITY AND EASE OF USE BY PARENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05163-01-9

 S. 674                              2
 
   E.  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;
   F.  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
   G.  MAKE CLEAR THAT A PARENT MAY BRING THE PARENT RESOURCE TO AN INDI-
 VIDUALIZED FAMILY SERVICE PLAN OR INDIVIDUALIZED EDUCATION PROGRAM MEET-
 ING FOR PURPOSES OF  SHARING  THEIR  OBSERVATIONS  ABOUT  THEIR  CHILD'S
 DEVELOPMENT.
   2.  THE DEPARTMENT SHALL ALSO SELECT EXISTING TOOLS OR ASSESSMENTS FOR
 EDUCATORS THAT CAN BE USED TO ASSESS THE LANGUAGE AND LITERACY  DEVELOP-
 MENT  OF  DEAF  AND  HARD  OF  HEARING CHILDREN. THESE EDUCATOR TOOLS OR
 ASSESSMENTS:
   A. SHALL BE IN A FORMAT THAT SHOWS STAGES OF LANGUAGE DEVELOPMENT;
   B. 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;
   C. SHALL BE SELECTED FROM EXISTING INSTRUMENTS OR ASSESSMENTS USED  TO
 ASSESS  THE DEVELOPMENT OF ALL CHILDREN FROM BIRTH TO FIVE YEARS OF AGE,
 INCLUSIVE;
   D. SHALL BE APPROPRIATE, IN BOTH CONTENT AND ADMINISTRATION,  FOR  USE
 WITH DEAF AND HARD OF HEARING CHILDREN;
   E. 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
   F.  MAY  REFLECT  THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE ESTAB-
 LISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   3. A. THE DEPARTMENT SHALL DISSEMINATE THE PARENT  RESOURCE  DEVELOPED
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION TO PARENTS AND GUARDIANS OF
 DEAF AND HARD OF HEARING CHILDREN, AND, PURSUANT TO FEDERAL  LAW,  SHALL
 DISSEMINATE  THE  EDUCATOR  TOOLS  AND  ASSESSMENTS SELECTED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION TO LOCAL EDUCATIONAL AGENCIES FOR USE IN
 THE DEVELOPMENT AND MODIFICATION OF INDIVIDUALIZED 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 USING ONE OR BOTH OF THE
 LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH.
   B. 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 SUBDIVISION TWO OF
 THIS SECTION, 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, EXPLAIN IN DETAIL THE REASONS WHY THE  CHILD  IS  NOT  MEETING  THE
 LANGUAGE DEVELOPMENTAL MILESTONES OR PROGRESSING TOWARDS THEM, AND SHALL
 RECOMMEND  SPECIFIC  STRATEGIES,  SERVICES,  AND  PROGRAMS THAT SHALL BE
 PROVIDED TO ASSIST THE CHILD'S SUCCESS TOWARD ENGLISH LITERACY.
   4. A. ON OR BEFORE MARCH FIRST, TWO THOUSAND  TWENTY,  THE  DEPARTMENT
 SHALL PROVIDE THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION

 S. 674                              3

 FIVE  OF  THIS  SECTION  WITH  A LIST OF EXISTING LANGUAGE DEVELOPMENTAL
 MILESTONES FROM EXISTING STANDARDIZED NORMS,  ALONG  WITH  ANY  RELEVANT
 INFORMATION  HELD  BY  THE  DEPARTMENT REGARDING THOSE LANGUAGE DEVELOP-
 MENTAL  MILESTONES  FOR POSSIBLE INCLUSION IN THE PARENT RESOURCE DEVEL-
 OPED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THESE LANGUAGE  DEVEL-
 OPMENTAL  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, AND THE STATE STANDARDS IN ENGLISH LANGUAGE ARTS.
   B. ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY, THE ADVISORY  COMMIT-
 TEE  SHALL  RECOMMEND  LANGUAGE  DEVELOPMENTAL  MILESTONES FOR SELECTION
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   C. ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND  TWENTY,  THE  DEPARTMENT
 SHALL  INFORM  THE  ADVISORY  COMMITTEE  OF WHICH LANGUAGE DEVELOPMENTAL
 MILESTONES WERE SELECTED FROM SUCH RECOMMENDATIONS.
   5. A. THE COMMISSIONER SHALL ESTABLISH AN AD  HOC  ADVISORY  COMMITTEE
 FOR  PURPOSES  OF  SOLICITING  INPUT  FROM  EXPERTS  ON THE SELECTION OF
 LANGUAGE DEVELOPMENTAL MILESTONES FOR CHILDREN WHO ARE DEAF OR  HARD  OF
 HEARING  THAT  ARE  EQUIVALENT TO THOSE FOR CHILDREN WHO ARE NOT DEAF OR
 HARD OF HEARING, FOR INCLUSION IN THE PARENT RESOURCE DEVELOPED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION. THE ADVISORY COMMITTEE MAY ALSO MAKE
 RECOMMENDATIONS ON THE SELECTION  AND  ADMINISTRATION  OF  THE  EDUCATOR
 TOOLS  OR  ASSESSMENTS  SELECTED  PURSUANT  TO  SUBDIVISION  TWO OF THIS
 SECTION.
   B. THE ADVISORY COMMITTEE SHALL CONSIST OF  THIRTEEN  VOLUNTEERS,  THE
 MAJORITY OF WHOM SHALL BE DEAF OR HARD OF HEARING, AND ALL OF WHOM SHALL
 BE  WITHIN  THE FIELD OF EDUCATION FOR THE DEAF AND HARD OF HEARING. THE
 ADVISORY COMMITTEE SHALL INCLUDE ALL OF THE FOLLOWING:
   (1) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES  THE
 DUAL LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH;
   (2) ONE PARENT OF A CHILD WHO IS DEAF OR HARD OF HEARING WHO USES ONLY
 SPOKEN ENGLISH, WITH OR WITHOUT VISUAL SUPPLEMENTS;
   (3)  ONE  CREDENTIALED  TEACHER OF DEAF AND HARD OF HEARING PUPILS WHO
 USES THE DUAL LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH;
   (4) ONE CREDENTIALED TEACHER OF DEAF AND HARD OF HEARING PUPILS FROM A
 STATE CERTIFIED NONPUBLIC, NONSECTARIAN SCHOOL;
   (5) ONE EXPERT WHO RESEARCHES LANGUAGE OUTCOMES FOR DEAF AND  HARD  OF
 HEARING CHILDREN USING AMERICAN SIGN LANGUAGE AND ENGLISH;
   (6)  ONE  EXPERT WHO RESEARCHES LANGUAGE OUTCOMES FOR DEAF AND HARD OF
 HEARING CHILDREN USING SPOKEN ENGLISH, WITH OR  WITHOUT  VISUAL  SUPPLE-
 MENTS;
   (7)  ONE CREDENTIALED TEACHER OF DEAF AND HARD OF HEARING PUPILS WHOSE
 EXPERTISE IS IN CURRICULUM AND INSTRUCTION IN AMERICAN SIGN LANGUAGE AND
 ENGLISH;
   (8) ONE CREDENTIALED TEACHER OF DEAF AND HARD OF HEARING PUPILS  WHOSE
 EXPERTISE  IS  IN  CURRICULUM AND INSTRUCTION IN SPOKEN ENGLISH, WITH OR
 WITHOUT VISUAL SUPPLEMENTS;
   (9) ONE ADVOCATE FOR THE TEACHING AND USE OF  THE  DUAL  LANGUAGES  OF
 AMERICAN SIGN AND ENGLISH;
   (10)  ONE ADVOCATE FOR THE TEACHING AND USE OF SPOKEN ENGLISH, WITH OR
 WITHOUT VISUAL SUPPLEMENTS;
   (11) 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;

 S. 674                              4
 
   (12) ONE CREDENTIALED TEACHER OF DEAF AND HARD OF HEARING PUPILS WHOSE
 EXPERTISE  IS IN AMERICAN SIGN LANGUAGE AND ENGLISH LANGUAGE ASSESSMENT;
 AND
   (13)  ONE  SPEECH PATHOLOGIST FROM SPOKEN ENGLISH, WITH OR WITHOUT THE
 USE OF VISUAL SUPPLEMENTS.
   6. THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION FIVE  OF
 THIS  SECTION  MAY  ALSO  ADVISE THE DEPARTMENT OR ITS CONTRACTOR ON THE
 CONTENT AND ADMINISTRATION OF THE 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 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.
   7. COMMENCING ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND TWENTY, 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, THAT IS SPECIFIC TO LANGUAGE AND LITERACY DEVELOPMENT OF  DEAF
 AND HARD OF HEARING CHILDREN FROM BIRTH TO FIVE YEARS OF AGE, INCLUSIVE,
 INCLUDING THOSE WHO ARE DEAF OR HARD OF HEARING AND HAVE OTHER DISABILI-
 TIES,  RELATIVE  TO THEIR PEERS WHO ARE NOT DEAF OR HARD OF HEARING. THE
 DEPARTMENT SHALL MAKE THIS REPORT AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   8. 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 INFORMATION.
   9.  THIS SECTION SHALL APPLY ONLY TO CHILDREN FROM BIRTH TO FIVE YEARS
 OF AGE, INCLUSIVE.
   10. THE IMPLEMENTATION OF THIS SECTION SHALL BE SUBJECT TO  AN  APPRO-
 PRIATION MADE THEREFOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.