Senate File 190 - Introduced SENATE FILE 190 BY SODDERS A BILL FOR An Act providing for a deaf and hard-of-hearing children’s 1 educational bill of rights. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1679XS (3) 84 jp/nh

S.F. 190 Section 1. NEW SECTION . 256J.1 Short title. 1 This chapter shall be known and may be cited as the “Deaf and 2 Hard-of-Hearing Children’s Educational Bill of Rights” . 3 Sec. 2. NEW SECTION . 256J.2 Findings and purpose. 4 1. Findings. The general assembly finds all of the 5 following: 6 a. Hearing loss affects the most basic human need of 7 communication. Without quality communication, a child is 8 isolated from other human beings and from the exchange of 9 knowledge essential for educational growth, both planned and 10 incidental, and, therefore, cannot fully develop the academic, 11 social, and emotional skills required to become a productive, 12 capable adult, and a full participatory member of society. 13 b. Children with hearing loss have the same innate 14 capabilities as any other children. They may communicate in a 15 wide variety of manual and spoken modes or systems of English. 16 Some use aural/oral modes of communication, while others use a 17 combination of aural/oral and manual modes of communication. 18 Many use American sign language. 19 c. Therefore, it is critical that all Iowans work toward 20 ensuring that all of the following will occur: 21 (1) Parents or guardians have full and informed 22 participation in their children’s educational planning. 23 (2) Families of children who are deaf or hard-of-hearing 24 receive accurate, balanced, and complete information regarding 25 their child’s educational and communication needs. 26 (3) Parents or guardians have information on all available 27 programmatic, placement, and resource options, including 28 special school participation. 29 (4) Families of children who are deaf or hard-of-hearing 30 have access to support services and advocacy resources from 31 public and private agencies and all other institutions and 32 resources knowledgeable about hearing loss and the needs of 33 children who are deaf or hard-of-hearing. 34 (5) Deaf and hard-of-hearing children, like all children, 35 -1- LSB 1679XS (3) 84 jp/nh 1/ 4

S.F. 190 have direct, quality, ongoing, and fluid communication, both in 1 and out of the classroom. 2 (6) Deaf and hard-of-hearing children are placed in 3 the least restrictive educational environment. For deaf 4 and hard-of-hearing children that environment should be 5 an accessible, language rich environment, and services 6 are provided based on the children’s unique communication, 7 language, and educational needs, consistent with 20 U.S.C. § 8 1414(d)(3)(B)(iv) of the federal Individuals with Disabilities 9 Education Act. 10 (7) Deaf and hard-of-hearing children are given an 11 education in which they have access to teachers, related 12 service providers, and evaluators who understand the unique 13 nature of deafness, and are specifically trained to work 14 with hard-of-hearing and deaf pupils and can communicate 15 spontaneously and fluidly with these children. 16 (8) Deaf and hard-of-hearing children, like all children, 17 have the benefit of an education in which there are a 18 sufficient number of age-appropriate peers and adults with whom 19 they can interact and communicate directly or, as appropriate, 20 through the use of qualified and licensed interpreters. 21 (9) Deaf and hard-of-hearing children can receive an 22 education in which they are exposed to and interact with deaf 23 and hard-of-hearing role models. 24 (10) Deaf and hard-of-hearing children, like all children, 25 have direct and appropriate communication access to all typical 26 components of the educational process, including recess, lunch, 27 and extracurricular, social, and athletic activities. 28 (11) Deaf and hard-of-hearing children, like all children, 29 are provided with programs in which transition planning, as 30 required under the federal Individuals with Disabilities 31 Education Act, focuses on their unique vocational and academic 32 needs. 33 (12) Deaf and hard-of-hearing children have the right to 34 early intervention to facilitate the acquisition of a solid 35 -2- LSB 1679XS (3) 84 jp/nh 2/ 4

S.F. 190 language base or bases to be developed at the earliest possible 1 age. 2 2. Purpose. Given the central importance of communication 3 to all human beings, the purpose of this chapter is to 4 encourage the development of a communication-driven and 5 language-driven educational delivery system in Iowa that 6 supports the emotional and social development of children who 7 are deaf or hard-of-hearing. 8 Sec. 3. NEW SECTION . 256J.3 Educational rights of deaf and 9 hard-of-hearing children — recommendations. 10 1. The general assembly encourages the development and 11 regular updating of specific recommendations by all state 12 agencies, institutions, and political subdivisions of the 13 state concerned with early intervention, early childhood, and 14 kindergarten through twelfth grade education of students who 15 are deaf or hard-of-hearing, including but not limited to the 16 department of education, the Iowa school for the deaf, and 17 the department of public health, to ensure that children who 18 are deaf or hard-of-hearing have an educational environment 19 in which their language and communication needs are fully 20 addressed and developed and in which they have early, ongoing, 21 and quality access to planned and incidental communication 22 opportunities. 23 2. The recommendations, consistent with the findings and 24 purpose of this chapter, should be completed and regularly 25 updated by the state agencies, institutions, and political 26 subdivisions addressed by this section. 27 EXPLANATION 28 This bill provides for the deaf and hard-of-hearing 29 children’s educational bill of rights in new Code chapter 256J. 30 New Code section 256J.1 provides that Code chapter 256J 31 may be cited as the “Deaf and Hard-of-Hearing Children’s 32 Educational Bill of Rights”. 33 New Code section 256J.2 lists legislative findings as to the 34 need for the new Code chapter and states a purpose. 35 -3- LSB 1679XS (3) 84 jp/nh 3/ 4

S.F. 190 New Code section 256J.3 encourages state agencies, 1 institutions, and political subdivisions of the state concerned 2 with the education of such children to develop and regularly 3 update recommendations for meeting the educational needs of 4 deaf and hard-of-hearing children. 5 -4- LSB 1679XS (3) 84 jp/nh 4/ 4