October 20, 2016, Introduced by Senators WARREN, BRANDENBURG, ROBERTSON, HOPGOOD, KNOLLENBERG, KNEZEK, O'BRIEN, ZORN, PAVLOV, GREEN, ANANICH, BIEDA, GREGORY and HERTEL and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1705a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1705a. (1) This section shall be known and may be cited
as the "deaf, deafblind, and hard-of-hearing children's educational
bill of rights law".
(2) To ensure that every deaf, deafblind, or hard-of-hearing
child has the same opportunity as any other child in this state to
achieve his or her educational growth potential and to become a
fully participatory member of society, the department shall promote
communication- and language-driven practices, policies, services,
and programs in order to provide deaf, deafblind, and hard-of-
hearing children the following resources and experiences:
(a) Quality, ongoing, and fluid communication in the classroom
and at home.
(b) An educational environment that offers services based on a
child's unique communication, language, and educational needs,
consistent with section 1414 of the individuals with disabilities
education act, 20 USC 1414.
(c) Teachers, administrators, and program or service providers
who understand the individual experiences of children who are deaf,
deafblind, or hard of hearing and have training that facilitates
spontaneous and fluid communication with those children.
(d) An educational environment in which there are sufficient
age-appropriate peers and adults present to spontaneously and
fluidly interact with a deaf, deafblind, or hard-of-hearing child.
(e) Exposure to deaf, deafblind, or hard-of-hearing role
models.
(f) Direct and appropriate access to all aspects of the
education experience, including, but not limited to, recess, lunch,
extracurricular activities, and other social or athletic
activities.
(g) Programs focused on transition planning, as described
under section 1414 of the individuals with disabilities education
act, 20 USC 1414.
(h) Resources that provide a deaf, deafblind, or hard-of-
hearing child's family with accurate and complete information
regarding the child's educational, language, and communication
needs and available program options and with access to support and
advocacy services from public and private agencies, departments,
and institutions, such as the Michigan School for the Deaf, that
are knowledgeable about hearing loss and the needs of children who
are deaf, deafblind, or hard of hearing.
(3) The department shall develop or adopt and make available
to school districts, public school academies, and intermediate
school districts a model worksheet detailing a variety of
communication considerations, consistent with 34 CFR
300.324(a)(2)(iv), for the purpose of enhancing the development of
deaf, deafblind, or hard-of-hearing children's individualized
educational programs.
(4) A state agency, institution, or department involved in
early intervention and early childhood and K-12 education of deaf,
deafblind, or hard-of-hearing children is encouraged to develop
specific guidelines establishing how that state agency,
institution, or department is able to contribute to the following
objectives:
(a) Providing every deaf, deafblind, and hard-of-hearing child
an educational environment that meets the child's language and
communication needs and includes early, continuous, and quality
access to planned and incidental language and communication
opportunities.
(b) Implementing practices, policies, services, and programs
that are aligned with the department's obligations under subsection
(2).
(5) As used in this section, "individualized educational
program" means that term as defined in section 1414 of the
individuals with disabilities education act, 20 USC 1414.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.