H.F. _____ Section 1. NEW SECTION . 256B.10 Deaf and hard-of-hearing 1 children —— language developmental milestones. 2 1. Language developmental milestones —— selection. 3 a. The director of the department of education shall appoint 4 an early language development coordinator to work with the 5 state school for the deaf and the area education agencies early 6 access administrators, and shall select language developmental 7 milestones from existing standardized norms for purposes 8 of developing a resource for use by parents or guardians 9 to monitor and track deaf and hard-of-hearing children’s 10 expressive and receptive language acquisition and developmental 11 stages toward American sign language and English literacy. In 12 selecting the language developmental milestones, the early 13 language development coordinator shall consider recommendations 14 from the advisory committee established under subsection 6. 15 b. The duties of the early language development coordinator 16 appointed by the director pursuant to paragraph “a” shall, at a 17 minimum, include all of the following: 18 (1) Developing and managing language milestones for each 19 age levels one through eight in American sign language and 20 English pursuant to subsection 3. 21 (2) Staffing the advisory committee established pursuant 22 to subsection 6, including but not limited to organizing and 23 facilitating the advisory committee meetings. 24 (3) Developing and distributing resources for parents 25 pertaining to language development pursuant to subsection 4. 26 (4) Developing and distributing resources for early 27 interventionists, educators, hospitals, and health care 28 providers pertaining to language development. 29 (5) Overseeing follow-up contacts with parents and 30 guardians regarding the need for unbiased language assessments 31 and distribution of resources toward language development in 32 American sign language and English. 33 (6) Planning a parent-friendly procedure for outreach and 34 follow-up. 35 -1- LSB 6308YC (5) 88 kh/jh 1/ 10

H.F. _____ (7) Coordinating annual or biannual, at the coordinator’s 1 discretion, milestone assessments for deaf and hard-of-hearing 2 children. 3 (8) Managing and summarizing data outcomes for parents, 4 guardians, and partner agencies to use, including the annual 5 report published pursuant to subsection 8. 6 (9) Providing the appropriate training for language 7 assessment personnel and serving as a supervisor to such 8 personnel. 9 (10) Maintaining an unbiased two-fold language assessment 10 approach, utilizing both American sign language and English, 11 in selecting milestones, compiling data, employing qualified 12 personnel, and distributing resources. 13 2. Parent resource. The parent resource developed pursuant 14 to subsection 1 shall meet all of the following requirements: 15 a. Include American sign language and English language 16 developmental milestones selected 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 eight 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 eight years 23 of 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 -2- LSB 6308YC (5) 88 kh/jh 2/ 10

H.F. _____ 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 early language 8 development coordinator, in consultation with the state school 9 for the deaf and the area education agencies’ early access 10 administrators and early hearing detection and intervention 11 directors, shall select existing tools or assessments for 12 educators that can be used to assess American sign language 13 and English language and literacy development of deaf and 14 hard-of-hearing children from birth to eight years of age, 15 inclusive. 16 a. Educator tools or assessments selected under this 17 subsection shall meet the following criteria: 18 (1) Be in a format that shows stages of language 19 development. 20 (2) Be selected for use by educators to track the 21 development of deaf and hard-of-hearing children’s expressive 22 and receptive language acquisition and developmental stages 23 toward American sign language and English literacy. 24 (3) Be appropriate in both content and administration for 25 use with deaf and hard-of-hearing children. 26 b. Educator tools or assessments selected under this 27 subsection may do either of the following: 28 (1) Be used, in addition to any assessment required by 29 federal law, by the child’s individualized family service plan 30 or individualized education program team, as applicable, to 31 track deaf and hard-of-hearing children’s progress in improving 32 expressive and receptive language skills, and to establish 33 or modify individualized family service or individualized 34 education program plans. 35 -3- LSB 6308YC (5) 88 kh/jh 3/ 10

H.F. _____ (2) Reflect the recommendations of the advisory committee 1 convened under subsection 6. 2 4. Dissemination. The early language development 3 coordinator shall disseminate the parent resource developed 4 pursuant to this section to parents and guardians of deaf and 5 hard-of-hearing children and, consistent with federal law, 6 shall disseminate the educator tools and assessments selected 7 pursuant to subsection 3 to early hearing detection and 8 invention programs, area education agencies, school districts, 9 accredited nonpublic schools, and the state school for the deaf 10 for use in the development and modification of individualized 11 family service or individualized education program plans, 12 and shall provide materials and training on the use of such 13 materials to assist deaf and hard-of-hearing children in 14 kindergarten readiness using American sign language or English, 15 or both, from birth through age eight. 16 5. Plan modification. If a deaf or hard-of-hearing child 17 does not demonstrate progress in expressive and receptive 18 language skills, as measured by one of the educator tools or 19 assessments selected under subsection 3, or by the existing 20 instrument used to assess the development of children 21 with disabilities pursuant to federal law, the child’s 22 individualized family service plan or individualized education 23 program team, as applicable, as part of the process required 24 by federal law, shall explain in detail the reasons why 25 the child is not meeting or progressing toward meeting the 26 language development milestones, and shall recommend specific 27 strategies, services, and programs that shall be provided under 28 a modified individualized family service plan or individualized 29 education program, as appropriate, to assist the child in 30 achieving English literacy proficiency. 31 6. Advisory committee. 32 a. The department of education shall establish and consult 33 with an advisory committee for purposes of soliciting input 34 from experts on the selection of language developmental 35 -4- LSB 6308YC (5) 88 kh/jh 4/ 10

H.F. _____ milestones for children who are deaf or hard-of-hearing that 1 are equivalent to those for children who are not deaf or 2 hard-of-hearing, for inclusion in the parent resource developed 3 and disseminated to parents and guardians pursuant to this 4 section. The early language development coordinator shall 5 provide staffing and administrative support to the advisory 6 committee and shall provide the committee with a list of 7 existing language developmental milestones from existing 8 standardized norms, along with any relevant information held 9 by the department regarding those language developmental 10 milestones for possible inclusion in the parent resource 11 developed pursuant to this section. 12 b. The advisory committee may do any of the following: 13 (1) Make recommendations on the selection and use of the 14 educator tools or assessments selected pursuant to subsection 15 3. 16 (2) Advise the department or its consultants on the content 17 and administration of the existing instrument used to assess 18 the development of children with disabilities pursuant to 19 federal law, and to assess deaf and hard-of-hearing children’s 20 language and literacy development to ensure the appropriate 21 use of that instrument with such children, and may make 22 recommendations regarding future research to improve the 23 measurement of progress of deaf and hard-of-hearing children in 24 language and literacy development. 25 (3) The advisory committee shall consist of seven 26 volunteers, the majority of whom shall be deaf or 27 hard-of-hearing, and all of whom shall have experience 28 or involvement within the field of education for the 29 deaf and hard-of-hearing or relating directly to deaf and 30 hard-of-hearing children. The advisory committee shall include 31 all of the following members: 32 (a) One parent or guardian of a child who is deaf or 33 hard-of-hearing and who uses both American sign language and 34 English or who uses spoken English. 35 -5- LSB 6308YC (5) 88 kh/jh 5/ 10

H.F. _____ (b) One licensed teacher who uses American sign language and 1 English. 2 (c) One licensed teacher who uses spoken English. 3 (d) One person who shall be the parent or guardian of a deaf 4 or hard-of-hearing child or an interpreter, speech pathologist, 5 teacher of the deaf, human rights advocate, child advocate, or 6 licensed education administrator. 7 (e) One advocate for the deaf or an advocate of American 8 sign language. 9 (f) One American sign language specialist, American sign 10 language professor, or native signer recommended by the Iowa 11 association of the deaf and the office of deaf services of the 12 department of human rights. 13 (g) One speech pathologist whose expertise is in spoken 14 English, or an early interventionist who uses spoken English. 15 c. The early language development coordinator shall 16 convene the advisory committee by March 1, 2021, and as 17 frequently thereafter as the coordinator deems necessary 18 for purposes of this section. The advisory committee shall 19 submit recommendations to the state board of education by July 20 1, 2021, and shall submit recommendations thereafter as the 21 coordinator deems necessary. 22 7. Activities —— consistent with federal law. All activities 23 of the department of education in implementing this section 24 shall be consistent with federal law for the assessment of 25 children from birth to eight years of age, inclusive. 26 8. Annual report. The department of education shall 27 annually compile, and publish on the department’s internet 28 site, a report using existing data reported in compliance 29 with the state performance plan on pupils with disabilities, 30 required under federal law, that is specific to language and 31 literacy development in deaf and hard-of-hearing children 32 from birth to eight years of age, inclusive, including those 33 children who are deaf or hard-of-hearing and have other 34 disabilities, relative to the children’s peers who are not deaf 35 -6- LSB 6308YC (5) 88 kh/jh 6/ 10

H.F. _____ or hard-of-hearing. 1 9. Definitions. For purposes of this section, unless the 2 context otherwise requires: 3 a. “English” includes spoken English, written English, or 4 English with the use of visual supplements. 5 b. “Federal law” means the federal Individuals with 6 Disabilities Education Act, as amended by the federal 7 Individuals with Disabilities Improvement Act, Pub. L. No. 8 108-446, 20 U.S.C. §1400 et seq., as amended. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill provides for the development and dissemination of 13 a parent resource for the parents and guardians of children 14 who are deaf or hard-of-hearing; requires the director of 15 the department of education to employ an early language 16 development coordinator, provides for the identification of 17 tools or assessments educators can use to assess the language 18 and literacy development of such children from birth to eight 19 years of age; requires, if such a child is not meeting language 20 development milestones, that the child’s individualized family 21 service plan (IFSP) or individualized education program (IEP) 22 team explain in detail the reasons why the child is not meeting 23 the milestones and submit modifications to the plan to assist 24 the child in achieving English literacy proficiency; and 25 provides for the establishment of an advisory committee for 26 purposes of soliciting input from experts on the selection 27 of language developmental milestones for such children that 28 are equivalent to milestones for children who are not deaf or 29 hard-of-hearing. The bill provides that “English” includes 30 spoken English, written English, or English with the use of 31 visual supplements. 32 EARLY LANGUAGE DEVELOPMENT COORDINATOR. The bill lists the 33 duties of the early language development coordinator, including 34 but not limited to staffing the advisory committee; developing 35 -7- LSB 6308YC (5) 88 kh/jh 7/ 10

H.F. _____ and distributing resources; overseeing follow-up contacts with 1 parents and guardians regarding the need for unbiased language 2 assessments and distribution of resources toward language 3 development in American sign language and English; planning 4 a parent-friendly procedure for outreach and follow-ups; 5 providing the appropriate training for language assessment 6 personnel and serving as a supervisor to such personnel; and 7 utilizing both American sign language and English in selecting 8 milestones, compiling data, employing qualified personnel, and 9 distributing resources. 10 LANGUAGE DEVELOPMENTAL MILESTONES —— SELECTION. The 11 bill requires the early language development coordinator to 12 cooperate with the state school for the deaf and area education 13 agency early access administrators in selecting language 14 developmental milestones from existing standardized norms for 15 purposes of developing a resource parents or guardians can use 16 to monitor and track a deaf or hard-of-hearing child’s progress 17 toward English literacy. 18 PARENT RESOURCE. In addition to the milestones, the parent 19 resource must be clearly written and appropriate for use 20 with deaf and hard-of-hearing children from birth to eight 21 years of age who use American sign language or English, or 22 both; present the milestones in terms of typical development 23 of all children; be aligned to the state’s existing infant, 24 toddler, and preschool guidelines and standards in English 25 language arts, and with federal law, regarding the assessment 26 instrument. Under the bill, the term “federal law” means the 27 federal Individuals with Disabilities Education Act (IDEA), as 28 amended. Further, the resource must clearly specify that it is 29 not a formal assessment of language and literacy development, 30 that the observations of a child by the child’s parent or 31 guardian may differ from formal assessment data, and that a 32 parent or guardian may bring the parent resource to an IFSP or 33 IEP meeting. 34 ASSESSMENTS —— TOOLS. The early language development 35 -8- LSB 6308YC (5) 88 kh/jh 8/ 10

H.F. _____ coordinator, in consultation with other agencies serving deaf 1 and hard-of-hearing children, must select existing tools or 2 assessments for educators that can be used to assess the 3 language and literacy development of deaf and hard-of-hearing 4 children from birth to eight years of age. 5 DISSEMINATION. The early language development coordinator 6 must disseminate the parent resource to parents and guardians 7 of deaf and hard-of-hearing children and, consistent with 8 the federal IDEA, shall disseminate the educator tools and 9 assessments to early hearing detection and intervention 10 programs, area education agencies, school districts, accredited 11 nonpublic schools, and the school for the deaf for use in the 12 development and modification of IFSPs or IEPs, and provide 13 materials and training on the use of such materials. 14 PLAN MODIFICATION. If a deaf or hard-of-hearing child 15 does not demonstrate progress in improving expressive and 16 receptive language skills, as measured by an educator tool or 17 assessment, the child’s IFSP or IEP team, as applicable, shall, 18 as part of the process required by the federal IDEA, explain in 19 detail the reasons why the child is not meeting or progressing 20 toward meeting the language development milestones, and shall 21 recommend specific strategies, services, and programs that must 22 be provided under a modified IFSP or IEP, as appropriate, to 23 assist the child in achieving English literacy proficiency. 24 ADVISORY COMMITTEE. The department of education is 25 directed to establish and consult with an advisory committee 26 to receive input for inclusion in the parent resource. The 27 early language development coordinator shall provide staffing 28 and administrative support to the committee and must provide 29 the committee with a list of existing language developmental 30 milestones from existing standardized norms, along with any 31 relevant information held by the department regarding those 32 milestones. 33 The advisory committee may make recommendations on the 34 selection and use of the educator tools or assessments, may 35 -9- LSB 6308YC (5) 88 kh/jh 9/ 10

H.F. _____ advise the department or its consultants on the content and 1 administration of the existing instrument used under the 2 federal IDEA to assess deaf and hard-of-hearing children’s 3 language and literacy development to ensure the appropriate 4 use of that instrument with such children, and may make 5 recommendations regarding future research to improve the 6 measurement of progress of deaf and hard-of-hearing children in 7 language and literacy development. 8 The advisory committee shall consist of seven volunteers, 9 the majority of whom shall be deaf or hard-of-hearing. The 10 bill specifies the level of expertise or experience each 11 individual member must bring to the committee. 12 The director of the department must convene the advisory 13 committee by March 1, 2021, and thereafter may convene the 14 committee as the director deems necessary. The advisory 15 committee shall submit recommendations to the state board of 16 education by July 1, 2021, and shall submit recommendations 17 thereafter as the director of the department deems necessary. 18 ACTIVITIES. All activities of the department of education 19 in implementing the requirements under the bill must be 20 consistent with the federal IDEA for the assessment of children 21 from birth to eight years of age. 22 ANNUAL REPORT. The department of education must annually 23 compile, and publish on the department’s internet site, a 24 report using existing data reported in compliance with the 25 state performance plan on pupils with disabilities, required 26 under the federal IDEA, that is specific to language and 27 literacy development of deaf and hard-of-hearing children 28 from birth to eight years of age, inclusive, including those 29 children who are deaf or hard-of-hearing and have other 30 disabilities, relative to the children’s peers who are not deaf 31 or hard-of-hearing. 32 -10- LSB 6308YC (5) 88 kh/jh 10/ 10