SENATE BILL NO. 509

September 11, 2019, Introduced by Senators GEISS, WOJNO, BULLOCK, HERTEL, CHANG, ALEXANDER, BAYER, BRINKS, MCMORROW, MOSS, IRWIN, SANTANA and HOLLIER and referred to the Committee on Education and Career Readiness.

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1705.

the people of the state of michigan enact:

Sec. 1705. (1) By August 31, 2020, the department shall develop a resource for use by a parent or legal guardian of a child who is age 5 or younger and who is deaf or hard of hearing that allows the parent or legal guardian to monitor and track the child's expressive and receptive language acquisition and developmental stages toward English literacy. The department shall ensure that the resource developed under this subsection meets all of the following requirements:

(a) Includes the language developmental milestones selected under subsection (12) and presents the milestones based on typical developmental expectations of children based on age.

(b) The content regarding and suggested utilization of the language developmental milestones included in the resource are applicable to deaf and hard of hearing children who are age 5 or younger and who use American Sign Language or English, or both, as their language. For purposes of this subdivision, "English" includes spoken English, written English, and cued English.

(d) Is aligned with all of the following:

(i) Existing instruments used to assess the development of children with disabilities under federal law, as applicable.

(ii) State standards regarding English language arts, as applicable.

(iii) Any existing department guidelines the department considers appropriate regarding children who have not yet entered kindergarten.

(e) Subject to the individuals with disabilities education act, includes a statement indicating that a parent or legal guardian of a child who is deaf or hard of hearing has the sole discretion to choose American Sign Language, English, or both, and the communication mode for his or her child's language acquisition.

(f) Includes a statement indicating that the resource is not a formal assessment of language and literacy development.

(g) Informs parents and legal guardians that a parent's or legal guardian's observation of his or her child may differ from assessment data presented during an individualized family service plan meeting or individualized education program meeting.

(h) Includes a statement indicating that a parent or legal guardian may bring the resource to an individualized family service plan meeting or individualized education program meeting for the purpose of sharing his or her observations about his or her child's development.

(i) Includes fair, balanced, and comprehensive information regarding languages, communication modes, amplification devices, and all services and programs.

(2) The department shall adopt tools or assessments that school districts, intermediate school districts, and public school academies may select to assess the language and literacy development of deaf and hard of hearing children who are age 5 or younger. The department shall ensure that tools or assessments adopted under this subsection meet all of the following:

(a) Are in a format that shows stages of language and literacy development.

(b) Can be used by school districts, intermediate school districts, and public school academies to track the development of deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy.

(c) Are selected from existing tools or assessments used to assess the development of all children who are age 5 or younger, as applicable.

(d) The content and suggested method of administration is appropriate for use for deaf and hard of hearing children.

(e) Reflect the recommendations of the advisory committee established under subsection (9), as determined by the department.

(3) Subject to other state laws or federal law regarding individualized family service plans and individualized education programs, the tools or assessments adopted under subsection (2) may be used, in addition to any assessment required under federal law, by a child's individualized family service plan team or individualized education program team to track a deaf or hard of hearing child's progress and to establish or modify an individualized family service plan or individualized education program.

(4) The department shall provide the resource developed under subsection (1) to all parents and legal guardians who have a deaf or hard of hearing child who is age 5 or younger. The department shall also provide all school districts, intermediate school districts, and public school academies with both of the following:

(a) A copy of the tools or assessments adopted under subsection (2).

(b) Supplemental material or training regarding implementation of the tools or assessments adopted under subsection (2).

(5) If a school district, intermediate school district, or public school academy administers the tools or assessments adopted under subsection (2) or any other assessment used to assess the development of children with disabilities as required by federal law to a child who is deaf or hard of hearing and who is age 5 or younger, and based on the assessment results, the child does not demonstrate progress in expressive and receptive language skills, the child's individualized family service plan team or individualized education program team, as applicable, shall, as part of the process required under the individuals with disabilities education act, provide both of the following to each service plan team or program team member and the parent or legal guardian of the child:

(a) A written statement explaining in detail why the child is not meeting the developmental milestones or progressing towards them.

(b) A written recommendation including specific strategies, services, and programs that should be provided to the child to assist the child toward becoming linguistically prepared for kindergarten and English literacy, as applicable.

(6) Subject to the individuals with disabilities education act, the parent or legal guardian of a child who is deaf or hard of hearing has sole discretion to select the communication mode for his or her child's language acquisition. Communication modes may include, but are not limited to, augmentative and alternative communication, cued speech, listening and spoken language, tactile signing, written English, a combination of any of these communication modes, or other appropriate modes of communication.

(7) A school district, intermediate school district, or public school academy shall do all of the following:

(a) Subject to the individuals with disabilities education act, provide a learning environment for each child who is deaf or hard of hearing in which services using the language and communication mode or modes chosen by his or her parent or legal guardian are delivered by professionals with background, training, and experience in that language and communication mode or modes.

(b) Provide programs and services that maximize a deaf or hard of hearing child's potential in the language and communication mode or modes.

(c) Report the results of language and literacy development assessments of children who are deaf or hard of hearing to the department.

(8) The department shall provide a model communication plan to all school districts, intermediate school districts, and public school academies that is consistent with the individuals with disabilities education act and the Americans with disabilities act of 1990 for use as a guide for determining the communication needs of children who are deaf or hard of hearing during individualized family service plan team meetings and individualized education program team meetings.

(9) The superintendent of public instruction shall appoint 14 members to an advisory committee within the department. All of the following apply to the advisory committee described under this subsection:

(a) The advisory committee shall aid the department in the selection of language developmental milestones for children who are deaf or hard of hearing and who are age 5 or younger that are equivalent to language developmental milestones for children who are age 5 or younger and who are not deaf or hard of hearing for inclusion in the resource under subsection (1).

(b) The advisory committee may make recommendations regarding the tools or assessments adopted by the department under subsection (2).

(c) The advisory committee may make unbiased and comprehensive recommendations to the department regarding materials to be added to the resource under subsection (1).

(d) The advisory committee may advise the department on the content and administration of existing instruments used to assess the development of children with disabilities under federal law, including, but not limited to, advice regarding the use of the native language of a child to assess a deaf or hard of hearing child's language and literacy development to ensure the appropriate use of an instrument with the child.

(e) The advisory committee may make recommendations regarding future research for methods to improve the measurement of the progress of deaf and hard of hearing children in language and literacy.

(f) The advisory committee must consist of the following members, a majority of whom must be deaf or hard of hearing:

(i) One parent or legal guardian of a child who is deaf or hard of hearing who uses both American Sign Language and English.

(ii) One parent or legal guardian of a child who is deaf or hard of hearing and who uses only spoken English, with or without cued speech.

(iii) One credentialed teacher, as determined by the department, who teaches deaf and hard of hearing children who utilize both American Sign Language and English.

(iv) One credentialed teacher, as determined by the department, who teaches deaf and hard of hearing children in a listening and spoken language program.

(v) One credentialed teacher, as determined by the department, who teaches deaf and hard of hearing children and whose expertise is in curriculum and instruction in American Sign Language and English.

(vi) One educational audiologist.

(vii) One individual who advocates for the teaching and dual use of both American Sign Language and English, as determined by the department.

(viii) One individual who advocates for the teaching and use of listening and spoken language, as determined by the department.

(ix) One individual who advocates for the teaching and use of American Sign Language for deaf-blind children, as determined by the department.

(x) One individual who advocates for the teaching and use of cued speech, as determined by the department.

(xi) One early intervention specialist who works with deaf and hard of hearing infants and toddlers using both American Sign Language and English.

(xii) One credentialed teacher, as determined by the department, who teaches deaf and hard of hearing children and whose expertise is in American Sign Language and English language assessment.

(xiii) One speech language pathologist whose expertise is in the assessment of and intervention involving children who are deaf or hard of hearing.

(xiv) One early intervention specialist who works with deaf and hard of hearing infants and toddlers utilizing spoken language, with or without cued speech.

(10) By March 1, 2020, the department shall provide the advisory committee established under subsection (9) a list of existing language developmental milestones based off of existing standardized norms and any additional information that the department determines is pertinent for inclusion in the resource described under subsection (1). These existing milestones must meet the requirements under subsection (1)(d).

(11) By June 1, 2020, the advisory committee established under subsection (9) shall recommend language developmental milestones for selection for inclusion in the resource described under subsection (1).

(12) By June 30, 2020, the department shall select language developmental milestones from the recommendation of the advisory committee described under subsection (11) and shall send written notice to the committee of the language developmental milestones it selects under this subsection.

(13) By July 31, 2021, and by July 31 of each year thereafter, the department shall display on its website homepage a report regarding the language and literacy development of deaf and hard of hearing children who are age 5 or younger compared to their peers using data reported to comply with federal law regarding the state performance plan on pupils with disabilities. This report must also include children who are age 5 or younger and deaf or hard of hearing and who have another disability or disabilities, as determined by the department.

(14) The duties of the department under this section are subject to federal disability and privacy laws.

(15) For the purpose of the development and use of language for a child who is deaf or hard of hearing, the following languages and communication modes, without limitation, may be considered means for acquiring language:

(a) American Sign Language and English.

(b) Listening and spoken language.

(d) Cued speech.

(e) Augmentative and alternative communication.

(f) Tactile.

(g) Any other appropriate mode of communication.

(h) A combination of subdivisions (a) to (g).

(16) As used in this section:

(a) "Americans with disabilities act of 1990" means Public Law 101-336.

(b) "Individuals with disabilities education act" means Public Law 91-230.