H.F. 2140 Section 1. NEW SECTION . 256B.10 Deaf and hard-of-hearing 1 children —— language developmental milestones. 2 1. Language developmental milestones —— selection. The 3 director of the department of education, in cooperation with 4 the department of public health and the state school for the 5 deaf, shall select language developmental milestones from 6 existing standardized norms for purposes of developing a 7 resource for use by parents or guardians to monitor and track 8 deaf and hard-of-hearing children’s expressive and receptive 9 language acquisition and developmental stages toward English 10 literacy. In selecting the language developmental milestones, 11 the director shall consider recommendations from the advisory 12 committee established under subsection 6. 13 2. Parent resource. The parent resource developed pursuant 14 to subsection 1 shall meet all of the following requirements: 15 a. Include the language developmental milestones selected 16 under subsection 1. 17 b. Be appropriate for use, in both content and 18 administration, with deaf and hard-of-hearing children from 19 birth to five years of age, inclusive, who use American sign 20 language or English, or both. 21 c. Present the language developmental milestones in terms of 22 typical development of all children from birth to five years of 23 age, by age range. 24 d. Be written for clarity and ease of use by parents and 25 guardians. 26 e. Be aligned to the department of education’s existing 27 infant, toddler, and preschool guidelines, the existing 28 instrument used to assess the development of children with 29 disabilities pursuant to federal law, and state standards in 30 English language arts. 31 f. Clearly specify that the parent resource is not a 32 formal assessment of language and literacy development, and 33 that the observations of a child by the child’s parent or 34 guardian may differ from formal assessment data presented at an 35 -1- LSB 5177YH (3) 87 kh/rj 1/ 9

H.F. 2140 individualized family service plan or individualized education 1 program meeting. 2 g. Clearly specify that a parent or guardian may bring 3 the parent resource to an individualized family service plan 4 or individualized education program meeting for purposes of 5 sharing the parent’s or guardian’s observations regarding the 6 child’s development. 7 3. Selection of tools or assessments. The department of 8 education shall select existing tools or assessments for 9 educators that can be used to assess the language and literacy 10 development of deaf and hard-of-hearing children from birth to 11 five years of age, inclusive. 12 a. Educator tools or assessments selected under this 13 subsection shall meet the following criteria: 14 (1) Be in a format that shows stages of language 15 development. 16 (2) Be selected for use by educators to track the 17 development of deaf and hard-of-hearing children’s expressive 18 and receptive language acquisition and developmental stages 19 toward English literacy. 20 (3) Be appropriate in both content and administration for 21 use with deaf and hard-of-hearing children. 22 b. Educator tools or assessments selected under this 23 subsection may do either of the following: 24 (1) Be used, in addition to any assessment required by 25 federal law, by the child’s individualized family service plan 26 or individualized education program team, as applicable, to 27 track deaf and hard-of-hearing children’s progress in improving 28 expressive and receptive language skills, and to establish 29 or modify individualized family service or individualized 30 education program plans. 31 (2) Reflect the recommendations of the advisory committee 32 convened under subsection 6. 33 4. Dissemination. The department of education shall 34 disseminate the parent resource developed pursuant to this 35 -2- LSB 5177YH (3) 87 kh/rj 2/ 9

H.F. 2140 section to parents and guardians of deaf and hard-of-hearing 1 children and, consistent with federal law, shall disseminate 2 the educator tools and assessments selected pursuant to 3 subsection 3 to area education agencies, school districts, and 4 accredited nonpublic schools for use in the development and 5 modification of individualized family service or individualized 6 education program plans, and shall provide materials and 7 training on the use of such materials to assist deaf and 8 hard-of-hearing children in becoming linguistically ready for 9 kindergarten using American sign language or English, or both. 10 5. Plan modification. If a deaf or hard-of-hearing child 11 does not demonstrate progress in expressive and receptive 12 language skills, as measured by one of the educator tools or 13 assessments selected under subsection 3, or by the existing 14 instrument used to assess the development of children 15 with disabilities pursuant to federal law, the child’s 16 individualized family service plan or individualized education 17 program team, as applicable, as part of the process required 18 by federal law, shall explain in detail the reasons why 19 the child is not meeting or progressing toward meeting the 20 language development milestones, and shall recommend specific 21 strategies, services, and programs that shall be provided under 22 a modified individualized family service plan or individualized 23 education program, as appropriate, to assist the child in 24 achieving English literacy proficiency. 25 6. Advisory committee. 26 a. The department of education shall establish and consult 27 with an advisory committee for purposes of soliciting input 28 from experts on the selection of language developmental 29 milestones for children who are deaf or hard-of-hearing 30 that are equivalent to those for children who are not deaf 31 or hard-of-hearing, for inclusion in the parent resource 32 developed and disseminated to parents and guardians pursuant 33 to this section. The department of education shall provide 34 the committee with a list of existing language developmental 35 -3- LSB 5177YH (3) 87 kh/rj 3/ 9

H.F. 2140 milestones from existing standardized norms, along with any 1 relevant information held by the department regarding those 2 language developmental milestones for possible inclusion in the 3 parent resource developed pursuant to this section. 4 b. The advisory committee may do any of the following: 5 (1) Make recommendations on the selection and use of the 6 educator tools or assessments selected pursuant to subsection 7 3. 8 (2) Advise the department or its consultants on the content 9 and administration of the existing instrument used to assess 10 the development of children with disabilities pursuant to 11 federal law, and to assess deaf and hard-of-hearing children’s 12 language and literacy development to ensure the appropriate 13 use of that instrument with such children, and may make 14 recommendations regarding future research to improve the 15 measurement of progress of deaf and hard-of-hearing children in 16 language and literacy development. 17 (3) The advisory committee shall consist of thirteen 18 volunteers, the majority of whom shall be deaf or 19 hard-of-hearing, and all of whom shall be working within the 20 field of education for the deaf and hard-of-hearing. The 21 advisory committee shall include all of the following members: 22 (a) One parent of a child who is deaf or hard-of-hearing and 23 who uses both American sign language and English. 24 (b) One parent of a child who is deaf or hard-of-hearing 25 and who uses only spoken English, with or without visual 26 supplements. 27 (c) One licensed teacher who holds an American sign language 28 endorsement or a deaf or hard-of-hearing endorsement under 29 chapter 272. 30 (d) One licensed teacher who holds an American sign 31 language endorsement or a deaf or hard-of-hearing endorsement 32 under chapter 272 and who teaches at an accredited nonpublic, 33 nonsectarian school. 34 (e) One person with expertise in the latest research 35 -4- LSB 5177YH (3) 87 kh/rj 4/ 9

H.F. 2140 relating to language outcomes for deaf and hard-of-hearing 1 children using American sign language and English. 2 (f) One person with knowledge of the latest research 3 relating to language outcomes for deaf and hard-of-hearing 4 children using spoken English with or without visual 5 supplements. 6 (g) One licensed teacher who holds an American sign 7 language endorsement or a deaf or hard-of-hearing endorsement 8 under chapter 272 and whose expertise is in curriculum and 9 instruction in American sign language and English. 10 (h) One licensed teacher who holds an American sign 11 language endorsement or a deaf or hard-of-hearing endorsement 12 under chapter 272 and whose expertise is in curriculum 13 and instruction in spoken English, with or without visual 14 supplements. 15 (i) One advocate for the teaching and use of both American 16 sign language and English. 17 (j) One advocate for the teaching and use of spoken English, 18 with or without visual supplements. 19 (k) One early intervention specialist who works with deaf 20 and hard-of-hearing infants and toddlers using both American 21 sign language and English. 22 (l) One licensed teacher who holds an American sign language 23 endorsement or a deaf or hard-of-hearing endorsement under 24 chapter 272 and whose expertise is in American sign language 25 and English language assessment. 26 (m) One speech pathologist whose expertise is in spoken 27 English, with or without the use of visual supplements. 28 c. The director of the department of education shall convene 29 the advisory committee by March 1, 2019, and as frequently 30 thereafter as the director deems necessary for purposes of this 31 section. The advisory committee shall submit recommendations 32 to the state board of education by July 1, 2019, and shall 33 submit recommendations thereafter as the director of the 34 department of education deems necessary. 35 -5- LSB 5177YH (3) 87 kh/rj 5/ 9

H.F. 2140 7. Activities —— consistent with federal law. All activities 1 of the department of education in implementing this section 2 shall be consistent with federal law for the assessment of 3 children from birth to five years of age, inclusive. 4 8. Annual report. The department of education shall 5 annually compile, and publish on the department’s internet 6 site, a report using existing data reported in compliance 7 with the state performance plan on pupils with disabilities, 8 required under federal law, that is specific to language and 9 literacy development in deaf and hard-of-hearing children 10 from birth to five years of age, inclusive, including those 11 children who are deaf or hard-of-hearing and have other 12 disabilities, relative to the children’s peers who are not deaf 13 or hard-of-hearing. 14 9. Definitions. For purposes of this section, unless the 15 context otherwise requires: 16 a. “English” includes spoken English, written English, or 17 English with the use of visual supplements. 18 b. “Federal law” means the federal Individuals with 19 Disabilities Education Act, as amended by the federal 20 Individuals with Disabilities Improvement Act, Pub. L. No. 21 108-446, 20 U.S.C. §1400 et seq., as amended. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill provides for the development and dissemination of 26 a parent resource for the parents and guardians of children who 27 are deaf or hard-of-hearing; provides for the identification of 28 tools or assessments educators can use to assess the language 29 and literacy development of such children from birth to five 30 years of age; requires, if such a child is not meeting language 31 development milestones, that the child’s individualized family 32 service plan (IFSP) or individualized education program (IEP) 33 team explain in detail the reasons why the child is not meeting 34 the milestones and submit modifications to the plan to assist 35 -6- LSB 5177YH (3) 87 kh/rj 6/ 9

H.F. 2140 the child in achieving English literacy proficiency; and 1 provides for the establishment of an advisory committee for 2 purposes of soliciting input from experts on the selection 3 of language developmental milestones for such children that 4 are equivalent to milestones for children who are not deaf or 5 hard-of-hearing. The bill provides that “English” includes 6 spoken English, written English, or English with the use of 7 visual supplements. 8 LANGUAGE DEVELOPMENTAL MILESTONES —— SELECTION. The 9 bill requires the director of the department of education 10 to cooperate with the department of public health and the 11 state school for the deaf in selecting language developmental 12 milestones from existing standardized norms for purposes of 13 developing a resource parents or guardians can use to monitor 14 and track a deaf or hard-of-hearing child’s progress toward 15 English literacy. 16 PARENT RESOURCE. In addition to the milestones, the parent 17 resource must be clearly written and appropriate for use 18 with deaf and hard-of-hearing children from birth to five 19 years of age who use American sign language or English, or 20 both; present the milestones in terms of typical development 21 of all children; be aligned to the state’s existing infant, 22 toddler, and preschool guidelines and standards in English 23 language arts, and with federal law, regarding the assessment 24 instrument. Under the bill, the term “federal law” means the 25 federal Individuals with Disabilities Education Act (IDEA), as 26 amended. Further, the resource must clearly specify that it is 27 not a formal assessment of language and literacy development, 28 that the observations of a child by the child’s parent or 29 guardian may differ from formal assessment data, and that a 30 parent or guardian may bring the parent resource to an IFSP or 31 IEP meeting. 32 ASSESSMENTS —— TOOLS. The department of education must 33 select existing tools or assessments for educators that can be 34 used to assess the language and literacy development of deaf 35 -7- LSB 5177YH (3) 87 kh/rj 7/ 9

H.F. 2140 and hard-of-hearing children from birth to five years of age. 1 DISSEMINATION. The department of education must disseminate 2 the parent resource to parents and guardians of deaf and 3 hard-of-hearing children and, consistent with the federal IDEA, 4 shall disseminate the educator tools and assessments to area 5 education agencies, school districts, and accredited nonpublic 6 schools for use in the development and modification of IFSPs 7 or IEPs, and provide materials and training on the use of such 8 materials. 9 PLAN MODIFICATION. If a deaf or hard-of-hearing child 10 does not demonstrate progress in improving expressive and 11 receptive language skills, as measured by an educator tool or 12 assessment, the child’s IFSP or IEP team, as applicable, shall, 13 as part of the process required by the federal IDEA, explain in 14 detail the reasons why the child is not meeting or progressing 15 toward meeting the language development milestones, and shall 16 recommend specific strategies, services, and programs that must 17 be provided under a modified IFSP or IEP, as appropriate, to 18 assist the child in achieving English literacy proficiency. 19 ADVISORY COMMITTEE. The department of education is directed 20 to establish and consult with an advisory committee to receive 21 input for inclusion in the parent resource. The department 22 must provide the committee with a list of existing language 23 developmental milestones from existing standardized norms, 24 along with any relevant information held by the department 25 regarding those milestones. 26 The advisory committee may make recommendations on the 27 selection and use of the educator tools or assessments, may 28 advise the department or its consultants on the content and 29 administration of the existing instrument used under the 30 federal IDEA to assess deaf and hard-of-hearing children’s 31 language and literacy development to ensure the appropriate 32 use of that instrument with such children, and may make 33 recommendations regarding future research to improve the 34 measurement of progress of deaf and hard-of-hearing children in 35 -8- LSB 5177YH (3) 87 kh/rj 8/ 9

H.F. 2140 language and literacy development. 1 The advisory committee shall consist of 13 volunteers, the 2 majority of whom shall be deaf or hard-of-hearing, and all of 3 whom shall be within the field of education for the deaf and 4 hard-of-hearing. The bill specifies the level of expertise or 5 experience each individual member must bring to the committee. 6 The director of the department must convene the advisory 7 committee by March 1, 2019, and thereafter may convene the 8 committee as the director deems necessary. The advisory 9 committee shall submit recommendations to the state board of 10 education by July 1, 2019, and shall submit recommendations 11 thereafter as the director of the department deems necessary. 12 ACTIVITIES. All activities of the department of education 13 in implementing the requirements under the bill must be 14 consistent with the federal IDEA for the assessment of children 15 from birth to five years of age. 16 ANNUAL REPORT. The department of education must annually 17 compile, and publish on the department’s internet site, a 18 report using existing data reported in compliance with the 19 state performance plan on pupils with disabilities, required 20 under the federal IDEA, that is specific to language and 21 literacy development of deaf and hard-of-hearing children 22 from birth to five years of age, inclusive, including those 23 children who are deaf or hard-of-hearing and have other 24 disabilities, relative to the children’s peers who are not deaf 25 or hard-of-hearing. 26 -9- LSB 5177YH (3) 87 kh/rj 9/ 9