HF 2585 (LSB 5911HV (2) 88)

HOUSE FILE 2585

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 2396)

A BILL FOR

An Act relating to the terminology used in relation to the deaf and hard-of-hearing persons. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 34.2, subsection 4, Code 2020, is amended to read as follows:
   4.  A 911 system shall be capable of transmitting requests for law enforcement, fire fighting, and emergency medical and ambulance services to a public safety agency or agencies that provide the requested service at the place where the call originates. A 911 system may also provide for transmitting requests for emergency management, poison control, suicide prevention, and other emergency services. The public safety answering point shall be capable of receiving calls from deaf and hard-of-hearing persons through a telecommunications device for the deaf and hard of hearing. Conferencing capability with counseling, aid to persons with disabilities, and other services as deemed necessary for identifying appropriate emergency response services may be provided by the 911 service.
   A public safety answering point may transmit emergency response requests to private safety entities.
    Sec. 2.  Section 34A.9, Code 2020, is amended to read as follows:
   34A.9  Telecommunications devices for the speech impaired and hearing-impaired hard of hearing.
   Each public safety answering point shall provide for the installation and use of telecommunications devices for the speech impaired and hearing-impaired hard of hearing.
    Sec. 3.  Section 48A.19, subsection 1, paragraph b, subparagraph (1), subparagraph division (c), Code 2020, is amended to read as follows:
   (c)  Office of deaf and hard-of-hearing services of the department of human rights or its successor agency.
    Sec. 4.  Section 70A.14, subsection 3, paragraph c, Code 2020, is amended to read as follows:
   c.  In the case of employees at the Iowa school for the deaf and hard of hearing and the Iowa braille and sight saving school, twenty-five or more participants.
    Sec. 5.  Section 70A.17A, subsection 1, paragraph d, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  Twenty-five or more state officers or employees employed at the Iowa school for the deaf and hard of hearing or at the Iowa braille and sight saving school.
    Sec. 6.  Section 135L.2, subsection 1, paragraph a, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  A video, to be developed by a person selected through a request for proposals process or other contractual agreement, which provides information regarding the various options available to a pregnant minor with regard to the pregnancy, including a decision to continue the pregnancy to term and retain parental rights following the child’s birth, a decision to continue the pregnancy to term and place the child for adoption following the child’s birth, and a decision to terminate the pregnancy through abortion. The video shall provide the information in a manner and language, including but not limited to the use of closed captioning for the hearing-impaired hard of hearing, which could be understood by a minor.
    Sec. 7.  Section 147.14, subsection 1, paragraph u, Code 2020, is amended to read as follows:
   u.  For sign language interpreting and transliterating, four members licensed to practice interpreting and transliterating, three of whom shall be practicing interpreters and transliterators at the time of appointment to the board and at least one of whom is employed in an educational setting; and three members who are consumers of interpreting or transliterating services as defined in section 154E.1, each of whom shall be deaf or hard of hearing.
    Sec. 8.  Section 216A.1, subsection 1, paragraph a, subparagraph (4), Code 2020, is amended to read as follows:
   (4)  Office of deaf and hard-of-hearing services.
    Sec. 9.  Section 216A.3, subsection 2, paragraph a, Code 2020, is amended to read as follows:
   a.  The voting members shall consist of nine voting members selected by each of the permanent commissions within the department, and two voting members, appointed by the governor. For purposes of this paragraph “a”, “permanent commissions” means the commission of Latino affairs, commission on the status of women, commission of persons with disabilities, commission on community action agencies, commission of deaf and hard-of-hearing services, justice advisory board, commission on the status of African Americans, commission of Asian and Pacific Islander affairs, and commission of Native American affairs. The term of office for voting members is four years.
    Sec. 10.  Section 216A.111, Code 2020, is amended to read as follows:
   216A.111  Definitions.
   For purposes of this subchapter, unless the context otherwise requires:
   1.  “Commission” means the commission of deaf and hard-of-hearing services.
   2.  “Office” means the office of deaf and hard-of-hearing services of the department of human rights.
    Sec. 11.  Section 216A.112, Code 2020, is amended to read as follows:
   216A.112  Office of deaf and hard-of-hearing services.
   The office of deaf and hard-of-hearing services is established, and shall do all of the following: 
   1.  Serve as the central permanent agency to advocate for persons who are deaf or hard of hearing.
   2.  Coordinate and cooperate with the efforts of state departments and agencies to serve the needs of persons who are deaf or hard of hearing in participating fully in the economic, social, and cultural life of the state, and provide direct assistance to individuals who request it.
   3.  Develop, coordinate, and assist other public or private organizations which serve persons who are deaf or hard of hearing.
   4.  Serve as an information clearinghouse on programs and agencies operating to assist persons who are deaf or hard of hearing.
    Sec. 12.  Section 216A.113, Code 2020, is amended to read as follows:
   216A.113  Deaf and hard-of-hearing services commission established.
   1.  The commission of deaf and hard-of-hearing services is established, and shall consist of seven voting members appointed by the governor, subject to confirmation by the senate pursuant to section 2.32. Membership of the commission shall include at least four members who are deaf and who cannot hear human speech with or without use of amplification and at least one member who is hard of hearing. All members shall reside in Iowa.
   2.  Members of the commission shall serve four-year staggered terms which shall begin and end pursuant to section 69.19. Members whose terms expire may be reappointed. Vacancies on the commission may be filled for the remainder of the term in the same manner as the original appointment. Members shall receive actual expenses incurred while serving in their official capacity, subject to statutory limits. Members may also be eligible to receive compensation as provided in section 7E.6. 
   3.  Members of the commission shall appoint a chairperson and vice chairperson and other officers as the commission deems necessary. The commission shall meet at least quarterly during each fiscal year. A majority of the members currently appointed to the commission shall constitute a quorum. A quorum shall be required for the conduct of business of the commission, and the affirmative vote of a majority of the currently appointed members is necessary for any substantive action taken by the commission. A member shall not vote on any action if the member has a conflict of interest on the matter, and a statement by the member of a conflict of interest shall be conclusive for this purpose. 
    Sec. 13.  Section 235A.15, subsection 2, paragraph c, subparagraph (5), Code 2020, is amended to read as follows:
   (5)  To the superintendent of the school for the deaf and hard of hearing if the data concerns a person employed or being considered for employment or living in the school.
    Sec. 14.  Section 256B.3, subsection 9, Code 2020, is amended to read as follows:
   9.  To cooperate with existing agencies such as the department of human services, the Iowa department of public health, the state school for the deaf and hard of hearing, the Iowa braille and sight saving school, the children’s hospitals, or other agencies concerned with the welfare and health of children requiring special education in the coordination of their educational activities for such children.
    Sec. 15.  Section 261E.2, subsection 10, Code 2020, is amended to read as follows:
   10.  “Student” means any individual enrolled in grades nine through twelve in a school district who meets the criteria in section 261E.3, subsection 1. “Student” includes an individual attending an accredited nonpublic school or the Iowa school for the deaf and hard of hearing or the Iowa braille and sight saving school for purposes of sections 261E.4 and 261E.6.
    Sec. 16.  Section 261E.6, subsections 3, 4, and 6, Code 2020, are amended to read as follows:
   3.  Authorization.  To participate in this program, an eligible student shall make application to an eligible postsecondary institution to allow the eligible student to enroll for college credit in a nonsectarian course offered at the institution. A comparable course, as defined in rules adopted by the board of directors of the school district consistent with department administrative rule, must not be offered by the school district or accredited nonpublic school the student attends. A course is ineligible for purposes of this section if the school district has a contractual agreement with the eligible postsecondary institution under section 261E.8 that meets the requirements of section 257.11, subsection 3, and the course may be delivered through such an agreement in accordance with section 257.11, subsection 3. If the postsecondary institution accepts an eligible student for enrollment under this section, the institution shall send written notice to the student, the student’s parent or legal guardian in the case of a minor child, and the student’s school district or accredited nonpublic school and the school district in the case of a nonpublic school student, or the Iowa school for the deaf and hard of hearing, or the Iowa braille and sight saving school. The notice shall list the course, the clock hours the student will be attending the course, and the number of hours of college credit that the eligible student will receive from the eligible postsecondary institution upon successful completion of the course.
   4.  Credits.
   a.  A school district, the Iowa school for the deaf and hard of hearing, the Iowa braille and sight saving school, or accredited nonpublic school shall grant high school credit to an eligible student enrolled in a course under this chapter if the eligible student successfully completes the course as determined by the eligible postsecondary institution. The board of directors of the school district, the board of regents for the Iowa school for the deaf and hard of hearing and the Iowa braille and sight saving school, or authorities in charge of an accredited nonpublic school shall determine the number of high school credits that shall be granted to an eligible student who successfully completes a course. Eligible students may take up to seven semester hours of credit during the summer months when school is not in session and receive credit for that attendance, if the student pays the cost of attendance for those summer credit hours.
   b.  The high school credits granted to an eligible student under this section shall count toward the graduation requirements and subject area requirements of the school district of residence, the Iowa school for the deaf and hard of hearing, the Iowa braille and sight saving school, or accredited nonpublic school of the eligible student. Evidence of successful completion of each course and high school credits and college credits received shall be included in the student’s high school transcript.
   6.  Definition.  For purposes of this section and section 261E.7, unless the context otherwise requires, “eligible student” means a student classified by the board of directors of a school district, by the state board of regents for pupils of the Iowa school for the deaf and hard of hearing and the Iowa braille and sight saving school, or by the authorities in charge of an accredited nonpublic school as a ninth or tenth grade student who is identified according to the school district’s gifted and talented criteria and procedures, pursuant to section 257.43, as a gifted and talented child, or an eleventh or twelfth grade student, during the period the student is participating in the postsecondary enrollment options program.
    Sec. 17.  Section 261E.7, subsection 1, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Not later than June 30 of each year, a school district shall pay a tuition reimbursement amount to a postsecondary institution that has enrolled its resident eligible students under this chapter, unless the eligible student is participating in open enrollment under section 282.18, in which case, the tuition reimbursement amount shall be paid by the receiving district. However, if a child’s residency changes during a school year, the tuition shall be paid by the district in which the child was enrolled as of the date specified in section 257.6, subsection 1, or the district in which the child was counted under section 257.6, subsection 1, paragraph “a”, subparagraph (6). For students enrolled at the Iowa school for the deaf and hard of hearing and the Iowa braille and sight saving school, the state board of regents shall pay a tuition reimbursement amount by June 30 of each year. The amount of tuition reimbursement for each separate course shall equal the lesser of:
    Sec. 18.  Section 262.7, subsection 5, Code 2020, is amended to read as follows:
   5.  The state school for the deaf and hard of hearing.
    Sec. 19.  Section 262.9, subsections 2 and 21, Code 2020, are amended to read as follows:
   2.  Elect a president of each of the institutions of higher learning; a superintendent of each of the other institutions; a treasurer and a secretarial officer for each institution annually; professors, instructors, officers, and employees; and fix their compensation. Sections 279.12 through 279.19 and section 279.27 apply to employees of the Iowa braille and sight saving school and the state school for the deaf and hard of hearing, who are licensed pursuant to chapter 272. In following those sections in chapter 279, the references to boards of directors of school districts shall be interpreted to apply to the board of regents.
   21.  Establish a hall of fame for distinguished graduates at the Iowa braille and sight saving school and at the Iowa school for the deaf and hard of hearing.
    Sec. 20.  Section 262.43, Code 2020, is amended to read as follows:
   262.43  Students residing on state-owned land.
   The state board of regents shall pay to the local school boards the tuition payments and transportation costs, as otherwise authorized by statutes for the elementary or high school education of students residing on land owned by the state and under the control of the state board of regents. Such payments for the three institutions of higher learning, the state university of Iowa, the Iowa state university of science and technology, and the university of northern Iowa, shall be made from the funds of the respective institutions other than state appropriations, and for the two noncollegiate institutions, the Iowa braille and sight saving school and the state school for the deaf and hard of hearing, the payments and costs shall be paid from moneys appropriated to the state board of regents.
    Sec. 21.  Section 263.11, subsection 2, Code 2020, is amended to read as follows:
   2.  Persons who are not eligible for admission to the schools already established for persons with an intellectual disability or epilepsy or persons who are deaf or hard of hearing or blind.
    Sec. 22.  Section 263.21, Code 2020, is amended to read as follows:
   263.21  Transfer of patients from state institutions.
   The director of the department of human services, in respect to institutions under the director’s control, the administrator of any of the divisions of the department, in respect to the institutions under the administrator’s control, the director of the department of corrections, in respect to the institutions under the department’s control, and the state board of regents, in respect to the Iowa braille and sight saving school and the Iowa school for the deaf and hard of hearing, may send any inmate, student, or patient of an institution, or any person committed or applying for admission to an institution, to the university of Iowa hospitals and clinics for treatment and care. The department of human services, the department of corrections, and the state board of regents shall respectively pay the traveling expenses of such patient, and when necessary the traveling expenses of an attendant for the patient, out of funds appropriated for the use of the institution from which the patient is sent.
    Sec. 23.  Section 270.1, Code 2020, is amended to read as follows:
   270.1  Superintendent.
   The superintendent of the school for the deaf and hard of hearing shall be a trained and experienced educator of the deaf and hard of hearing. The superintendent’s salary may include residence in the institution, but no such allowance shall be made except by express contract in advance.
    Sec. 24.  Section 270.3, Code 2020, is amended to read as follows:
   270.3  Admission.
   Any resident of the state less than twenty-one years of age, who has a hearing loss which is too severe to acquire an education in the public schools is eligible to attend the school for the deaf and hard of hearing. Nonresidents similarly situated may be admitted to an education therein upon such terms as may be fixed by the state board of regents. The fee for nonresidents shall be not less than the average expense of resident pupils and shall be paid in advance.
    Sec. 25.  Section 270.9, Code 2020, is amended to read as follows:
   270.9  School for deaf and hard of hearing and sight saving school.
   Funds appropriated to the school for the deaf and hard of hearing and the Iowa braille and sight saving school for payments to the parents or guardians of pupils in either institution shall be expended as follows:
   1.  Transportation reimbursement at a rate established annually by the state board of regents to the parents or guardians of children who do not reside in the institution, but are transported to the institution on a daily basis.
   2.  Transportation reimbursement at a rate established annually by the state board of regents to the parents or guardians for transportation from the institution to the residence of the parent or guardian and return to the institution for children who reside in the institution.
    Sec. 26.  Section 270.10, subsection 1, Code 2020, is amended to read as follows:
   1.  The state board of regents shall not merge the school for the deaf and hard of hearing at Council Bluffs with the Iowa braille and sight saving school at Vinton or close either of those institutions until all of the following requirements have been met:
   a.  The department of management has presented to the general assembly a comprehensive plan, program, and fiscal analysis of the existing circumstances and the circumstances which would prevail upon the proposed merger or closing, together with data which would support the contention that the merger or closing will be more efficient and effective than continuation of the existing facilities. The analysis shall include a detailed study of the educational implications of the merger or closing, the impact on the students, and the opinions and research of nationally recognized experts in the field of the education of visually impaired and deaf or hard of hearing students. The comprehensive plan shall further include a study relating to the programming, fiscal consequences, and political implications which would result if either a merger or an agreement under chapter 28E should be implemented between the school for the deaf and hard of hearing in Council Bluffs and comparable state programs in the state of Nebraska.
   b.  The general assembly has studied the plans, programs, and fiscal analysis and has reviewed their impact on the programs.
   c.  The general assembly has enacted legislation authorizing either the closing or the merger to take effect not sooner than two years after the enactment of the legislation.
    Sec. 27.  Section 280.16, subsection 7, Code 2020, is amended to read as follows:
   7.  The Iowa braille and sight saving school, the state school for the deaf and hard of hearing, and the institutions under the control of the department of human services as provided in section 218.1 are exempt from the provisions of this section.
    Sec. 28.  Section 299.18, Code 2020, is amended to read as follows:
   299.18  Education of certain children who are deaf or hard of hearing, blind, or have severe disabilities.
   Children who are of compulsory attendance age and who are so deaf or hard of hearing, or blind, or have such severe disabilities so as to be unable to obtain an education in the public or accredited nonpublic schools shall be sent to the appropriate state-operated school, or shall receive appropriate special education under chapter 256B, unless exempted, and any person having such a child under the person’s control or custody shall see that the child attends the state-operated school or special education program during the scholastic year.
    Sec. 29.  Section 299.19, Code 2020, is amended to read as follows:
   299.19  Proceeding against parent.
   Upon the failure of a person having the custody and control of a child who is blind, deaf or hard of hearing, or has severe disabilities to require the child’s attendance as provided in section 299.18, the state board of regents may make application to the district court or the juvenile court of the county in which the person resides for an order requiring the person to compel the attendance of the child at the proper state-operated school.
    Sec. 30.  Section 299.22, Code 2020, is amended to read as follows:
   299.22  When deaf or hard of hearing and blind children excused.
   Attendance at the state-operated school may be excused when the superintendent of the state-operated school certifies that an interdisciplinary staffing team has determined, pursuant to the requirements of chapter 256B, that the child is efficiently taught for the scholastic year in an accredited nonpublic or other school devoted to the instruction, by a private tutor, in the public schools, or is shown to be physically or mentally unable to attend school under section 299.5.
    Sec. 31.  Section 299.23, Code 2020, is amended to read as follows:
   299.23  Agent of state board of regents.
   The state board of regents may employ an agent to aid in the enforcement of law relative to the education of deaf or hard-of-hearing children and blind children. The agent shall seek out children who should be in attendance at the state schools but who are not, and require such attendance. The agent shall institute proceedings against persons who violate the provisions of said law. The agent shall be allowed compensation at a rate fixed by the board of regents, and necessary traveling and hotel expenses while away from home in the performance of duty.
    Sec. 32.  Section 321.1, subsection 8, paragraph g, Code 2020, is amended to read as follows:
   g.  If authorized to transport students or clients by the superintendent of the Iowa braille and sight saving school or of the Iowa school for the deaf and hard of hearing, or the superintendent’s respective designee, an employee of the Iowa braille and sight saving school or the Iowa school for the deaf is not a chauffeur when transporting the students or clients.
    Sec. 33.  Section 321.189, subsection 9, Code 2020, is amended to read as follows:
   9.  Deaf or hard-of-hearing status.  A licensee who is a deaf person or a hard-of-hearing person, as those terms are defined in section 622B.1, may request that the license be marked to reflect the licensee’s deaf or hard-of-hearing status on the face of the license when the licensee applies for the issuance or renewal of a license. The department may adopt rules pursuant to chapter 17A establishing criteria under which a license may be marked, including requiring the licensee to submit medical proof of the licensee’s deaf or hard-of-hearing status. When a driver’s license is so marked, the licensee’s deaf or hard-of-hearing status shall be noted in the electronic database used by the department and law enforcement to access registration, titling, and driver’s license information. The department, in consultation with the commission of deaf and hard-of-hearing services, shall develop educational media to raise awareness of a licensee’s ability to request the license be marked to reflect the licensee’s deaf or hard-of-hearing status.
    Sec. 34.  Section 321.190, subsection 1, paragraph b, subparagraph (5), Code 2020, is amended to read as follows:
   (5)  An applicant for a nonoperator’s identification card who is a deaf person or a hard-of-hearing person, as those terms are defined in section 622B.1, may request that the card be marked to reflect the applicant’s deaf or hard-of-hearing status on the face of the card when the applicant applies for the issuance or renewal of a card. The department may adopt rules pursuant to chapter 17A establishing criteria under which a card may be marked, including requiring the applicant to submit medical proof of the applicant’s deaf or hard-of-hearing status. The department, in consultation with the commission of deaf and hard-of-hearing services, shall develop educational media to raise awareness of an applicant’s ability to request the card be marked to reflect the applicant’s deaf or hard-of-hearing status.
    Sec. 35.  Section 331.381, subsection 9, Code 2020, is amended to read as follows:
   9.  Comply with chapters 269 and 270 in regard to the payment of costs for pupils at the Iowa braille and sight saving school and the school for the deaf and hard of hearing.
    Sec. 36.  Section 331.424, subsection 1, paragraph a, subparagraph (1), subparagraph division (b), Code 2020, is amended to read as follows:
   (b)  Clothing, transportation, medical, or other services provided persons attending the Iowa braille and sight saving school, the Iowa school for the deaf and hard of hearing, or the university of Iowa hospitals and clinics’ center for disabilities and development for children with severe disabilities at Iowa City, for which the county becomes obligated to pay pursuant to sections 263.12, 269.2, and 270.4 through 270.7.
    Sec. 37.  Section 331.502, subsection 15, Code 2020, is amended to read as follows:
   15.  Carry out duties relating to the collection and payment of funds for educating and supporting deaf and hard-of-hearing students as provided in sections 270.6 and 270.7.
    Sec. 38.  Section 331.552, subsection 13, Code 2020, is amended to read as follows:
   13.  Make transfer payments to the state for school expenses for blind and deaf and hard-of-hearing children and support of persons with mental illness as provided in sections 230.21, 269.2, and 270.7.
    Sec. 39.  Section 477C.2, subsections 2 and 5, Code 2020, are amended to read as follows:
   2.  “Communication impairment” means the inability to use the telephone for communication without a telecommunications device for the deaf and hard of hearing.
   5.  “Telecommunications device for the deaf and hard of hearing” means any specialized or supplemental telephone equipment used by communication-impaired persons to provide access to the telephone system.
    Sec. 40.  Section 477C.4, Code 2020, is amended to read as follows:
   477C.4  Telecommunications devices for the deaf and hard of hearing.
   With the advice of the council, the board may plan, establish, administer, and promote a program to secure, finance, and distribute telecommunications devices for the deaf and hard of hearing. The board may establish eligibility criteria for persons to receive telecommunications devices for the deaf and hard of hearing, including, but not limited to, requiring certification that the recipient cannot use the telephone for communication without a telecommunications device for the deaf and hard of hearing.
    Sec. 41.  Section 477C.5, subsection 2, paragraph c, Code 2020, is amended to read as follows:
   c.  One representative from the office of deaf and hard-of-hearing services of the department of human rights.
    Sec. 42.  Section 483A.24, subsection 7, Code 2020, is amended to read as follows:
   7.  A license shall not be required of minor pupils of the state school for the blind, state school for the deaf and hard of hearing, or of minor residents of other state institutions under the control of an administrator of a division of the department of human services. In addition, a person who is on active duty with the armed forces of the United States, on authorized leave from a duty station located outside of this state, and a resident of the state of Iowa shall not be required to have a license to hunt or fish in this state. The military person shall carry the person’s leave papers and a copy of the person’s current earnings statement showing a deduction for Iowa income taxes while hunting or fishing. In lieu of carrying the person’s earnings statement, the military person may also claim residency if the person is registered to vote in this state. If a deer or wild turkey is taken, the military person shall immediately contact a state conservation officer to obtain an appropriate tag to transport the animal. A license shall not be required of residents of county care facilities or any person who is receiving supplementary assistance under chapter 249.
    Sec. 43.  Section 622B.4, Code 2020, is amended to read as follows:
   622B.4  List.
   The office of deaf and hard-of-hearing services of the department of human rights shall prepare and continually update a listing of qualified and available interpreters. The courts and administrative agencies shall maintain a directory of qualified interpreters for deaf and hard-of-hearing persons as furnished by the department of human rights. The office of deaf and hard-of-hearing services shall maintain a list of interpreters which shall be made available to a court, administrative agency, or interested parties to an action using the services of an interpreter.
    Sec. 44.  CODE EDITOR’S DIRECTIVE.  The Code editor shall correct and eliminate any references to the term “hearing impaired” or other forms of the term anywhere else in the Iowa Code, in any bills awaiting codification, and in any bills enacted by the Eighty-eighth General Assembly, 2020 Regular Session, or any extraordinary session, in accordance with this Act.
    Sec. 45.  ADMINISTRATIVE CODE EDITOR DIRECTIVE.  The administrative rules coordinator and the administrative rules review committee, in consultation with the administrative code editor, shall jointly develop a schedule for the necessary updating of the Iowa administrative code to update references in accordance with this Act. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill replaces the term “deaf” with “deaf or hard of hearing” or “deaf and hard of hearing” and the term “hearing impaired” with “hard of hearing”.