SF 2342 (LSB 5771XS (3) 83)

SENATE FILE 2342

BY  SCHMITZ

A BILL FOR

An Act providing for a deaf and hard-of-hearing children’s educational bill of rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256I.1  Short title.

   This chapter shall be known and may be cited as the “Deaf and Hard-of-Hearing Children’s Educational Bill of Rights”.
    Sec. 2.  NEW SECTION.  256I.2  Findings and purpose.
   1.  Findings.  The general assembly finds all of the following:
   a.  Hearing loss affects the most basic human need of communication. Without quality communication, a child is isolated from other human beings and from the exchange of knowledge essential for educational growth, both planned and incidental, and, therefore, cannot fully develop the academic, social, and emotional skills required to become a productive, capable adult, and a full participatory member of society.
   b.  Children with hearing loss have the same innate capabilities as any other children. They may communicate in a wide variety of manual and spoken modes or systems of English. Some use aural/oral modes of communication, while others use a combination of aural/oral and manual modes of communication. Many use American sign language.
   c.  Therefore, it is critical that all Iowans work toward ensuring that all of the following will occur:
   (1)  Parents or guardians have full and informed participation in their children’s educational planning.
   (2)  Families of children who are deaf or hard-of-hearing receive accurate, balanced, and complete information regarding their child’s educational and communication needs.
   (3)  Parents or guardians have information on all available programmatic, placement, and resource options, including special school participation.
   (4)  Families of children who are deaf or hard-of-hearing have access to support services and advocacy resources from public and private agencies and all other institutions and resources knowledgeable about hearing loss and the needs of children who are deaf or hard-of-hearing.
   (5)  Deaf and hard-of-hearing children, like all children, have direct, quality, ongoing, and fluid communication, both in and out of the classroom.
   (6)  Deaf and hard-of-hearing children are placed in the least restrictive educational environment. For deaf and hard-of-hearing children that environment should be an accessible, language rich environment, and services are provided based on the children’s unique communication, language, and educational needs, consistent with 20 U.S.C. § 1414(d)(3)(B)(iv) of the federal Individuals with Disabilities Education Act.
   (7)  Deaf and hard-of-hearing children are given an education in which they have access to teachers, related service providers, and evaluators who understand the unique nature of deafness, and are specifically trained to work with hard-of-hearing and deaf pupils and can communicate spontaneously and fluidly with these children.
   (8)  Deaf and hard-of-hearing children, like all children, have the benefit of an education in which there are a sufficient number of age-appropriate peers and adults with whom they can interact and communicate directly or, as appropriate, through the use of qualified and licensed interpreters.
   (9)  Deaf and hard-of-hearing children can receive an education in which they are exposed to and interact with deaf and hard-of-hearing role models.
   (10)  Deaf and hard-of-hearing children, like all children, have direct and appropriate communication access to all typical components of the educational process, including recess, lunch, and extracurricular, social, and athletic activities.
   (11)  Deaf and hard-of-hearing children, like all children, are provided with programs in which transition planning, as required under the federal Individuals with Disabilities Education Act, focuses on their unique vocational and academic needs.
   (12)  Deaf and hard-of-hearing children have the right to early intervention to facilitate the acquisition of a solid language base or bases to be developed at the earliest possible age.
   2.  Purpose.  Given the central importance of communication to all human beings, the purpose of this chapter is to encourage the development of a communication-driven and language-driven educational delivery system in Iowa that supports the emotional and social development of children who are deaf or hard-of-hearing.
    Sec. 3.  NEW SECTION.  256I.3  Educational rights of deaf and hard-of-hearing children —— recommendations.
   1.  The general assembly encourages the development and regular updating of specific recommendations by all state agencies, institutions, and political subdivisions of the state concerned with early intervention, early childhood, and kindergarten through twelfth grade education of students who are deaf or hard-of-hearing, including but not limited to the department of education, the Iowa school for the deaf, and the department of public health, to ensure that children who are deaf or hard-of-hearing have an educational environment in which their language and communication needs are fully addressed and developed and in which they have early, ongoing, and quality access to planned and incidental communication opportunities.
   2.  The recommendations, consistent with the findings and purpose of this chapter, should be completed and regularly updated by the state agencies, institutions, and political subdivisions addressed by this section.
EXPLANATION
   This bill provides for the deaf and hard-of-hearing children’s educational bill of rights in new Code chapter 256I.
   New Code section 256I.1 provides that Code chapter 256I may be cited as the “Deaf and Hard-of-hearing Children’s Educational Bill of Rights”.
   New Code section 256I.2 lists legislative findings as to the need for the new Code chapter and states a purpose.
   New Code section 256I.3 encourages state agencies, institutions, and political subdivisions of the state concerned with the education of such children to develop and regularly update recommendations for meeting the educational needs of deaf and hard-of-hearing children.