HOUSE BILL 23-1067
BY REPRESENTATIVE(S) Young and Bradfield, Amabile, Bird,
Boesenecker, Brown, Dickson, Duran, Froelich, Garcia, Hamrick, Herod,
Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, Marshall,
Martinez, McCormick, McLachlan, Michaelson Jenet, Ortiz, Ricks, Snyder,
Taggart, Titone, Valdez, McCluskie;
also SENATOR(S) Cutter and Ginal, Buckner, Exum, Kolker, Moreno,
Priola, Winter F., Zenzinger.
C
ONCERNING CREATION OF A FAMILY AND COMMUNITY INTERVENER
PROGRAM TO SUPPORT CHILDREN EXPERIENCING DEAFBLINDNESS
,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Children who are deafblind have incomplete, distorted, or
unreliable access to visual or auditory information, or both;
(b) The term "deafblind" does not refer to total deafness or total
blindness but rather degrees of hearing and vision loss;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) Children who are deafblind need a clear and consistent flow of
visual and auditory information for learning, interaction, and overall
development;
(d) Many children who are deafblind have other disabling
conditions, such as physical disabilities, health problems, and cognitive
challenges;
(e) Children who are deafblind are diverse and have unique needs,
yet they share similar learning, communication, and social and emotional
challenges; and
(f) Learning through independent observation and exploration is
difficult for children experiencing deafblindness because they have
difficulty detecting their environment, and when essential information is
missed, incidental learning is greatly limited.
(2) Therefore, the general assembly finds and declares that it is in
the best interest of the state of Colorado and, particularly, children who are
experiencing deafblindness and their families to:
(a) Create and fund the family and community intervener program,
housed within the commission for the deaf, hard of hearing, and deafblind
in the department of human services; and
(b) Support the program's work with children who are deafblind and
their families and its values of facilitating critical connections between
family, community, people, and environments that promote social and
emotional well-being.
SECTION 2. In Colorado Revised Statutes, 26-21-103, add (4.3),
(4.7), and (4.8) as follows:
26-21-103. Definitions. As used in this article 21, unless the context
otherwise requires:
(4.3) "D
EAFBLIND" MEANS A PERSON WHO HAS CONCOMITANT
HEARING AND VISUAL IMPAIRMENTS
, THE COMBINATION OF WHICH CAUSES
SUCH SEVERE COMMUNICATION BARRIERS AND DEVELOPMENTAL AND
PAGE 2-HOUSE BILL 23-1067 EDUCATIONAL CHALLENGES THAT A CHILD WHO IS DEAFBLIND CANNOT BE
ACCOMMODATED IN SPECIAL EDUCATION PROGRAMS DESIGNED SOLELY FOR
CHILDREN WHO ARE DEAF OR CHILDREN WHO ARE BLIND
.
(4.7) "I
NTERVENER" MEANS A PERSON WHO IS AT LEAST EIGHTEEN
YEARS OF AGE AND
:
(a) I
S KNOWLEDGEABLE IN A VARIETY OF TECHNIQUES USED TO
SUPPORT A CHILD WHO IS DEAFBLIND TO MEANINGFULLY PARTICIPATE IN THE
CHILD
'S COMMUNITY;
(b) H
AS COMPLETED OR IS ENROLLED IN AN INTERVENER TRAINING
PROGRAM AND HAS OBTAINED AN INTERVENER CERTIFICATE OR PROVISI ONAL
INTERVENER CERTIFICATE
;
(c) H
AS THE ABILITY TO PROFICIENTLY COMMUNICATE IN THE
FUNCTIONAL LANGUAGE OF THE CHILD TO WHOM THE INTERVENER IS
ASSIGNED
;
(d) H
AS AT LEAST ONE YEAR OF EXPERIENCE WORKING WITH
INDIVIDUALS WITH DEAFNESS
, BLINDNESS, DEAFBLINDNESS , OR
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES
; AND
(e) HAS AT LEAST SIX MONTHS OF EXPERIENCE WORKING WITH
INDIVIDUALS WHO HAVE DEAFBLINDNESS
.
(4.8) "I
NTERVENER PROGRAM MANAGER " MEANS A PERSON WHO HAS
DEMONSTRATED INTERVENER ABILITIES AND CAN PROFICIENTLY
COMMUNICATE IN THE FUNCTIONAL LANGUAGE OF CHILDREN WHO ARE
DEAFBLIND AND
:
(a) H
AS A MINIMUM OF ONE YEAR OF PAID EXPERIENCE IN
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO
CHILDREN WITH DEAFNESS
, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE
DISABILITIES
, AND HAS A MASTER'S DEGREE IN A HEALTH AND HUMAN
SERVICES
-RELATED FIELD; OR
(b) HAS A MINIMUM OF TWO YEARS OF PAID EXPERIENCE IN
COMMUNITY PROGRAMS PLANNING AND PROVIDING DIRECT SERVICES TO
INDIVIDUALS WITH DEAFNESS
, BLINDNESS, DEAFBLINDNESS, OR MULTIPLE
PAGE 3-HOUSE BILL 23-1067 DISABILITIES, AND HAS A BACHELOR'S DEGREE IN A HEALTH AND HUMAN
SERVICES
-RELATED FIELD.
SECTION 3. In Colorado Revised Statutes, 26-21-106, add (8.5)
as follows:
26-21-106. Powers, functions, and duties of commission -
community access program - report - rules - definitions. (8.5) (a) O
N OR
BEFORE
OCTOBER 1, 2023, THE COMMISSION SHALL ESTABLISH A FAMILY
AND COMMUNITY INTERVENER PROGRAM
. THE FAMILY AND COMMUNITY
INTERVENER PROGRAM SHALL WORK WITH CHILDREN WHO ARE DEAFBLIND
TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE CHILD AND THE
CHILD
'S FAMILY, COMMUNITY, AND ENVIRONMENT . THE FAMILY AND
COMMUNITY INTERVENER PROGRAM MUST INCLUDE
, BUT NEED NOT BE
LIMITED TO
, ACCESS TO A FAMILY AND COMMUNITY INTERVENER WITH
SPECIFIC TRAINING IN DEAFBLINDNESS
, STRATEGIES TO BUILD LANGUAGE
AND COMMUNICATION SKILLS
, AND INTERVENTION STRATEGIES . THE
INTERVENER SHALL
:
(I) W
ORK ONE-ON-ONE WITH A CHILD WHO IS DEAFBLIND IN ORDER
TO FACILITATE CRITICAL CONNECTIONS BETWEEN THE CHILD AND THE
CHILD
'S COMMUNITY, FAMILY, AND ENVIRONMENT;
(II) O
PEN CHANNELS OF COMMUNICATION BETWEEN THE CHILD AND
OTHERS
;
(III) F
ACILITATE THE DEVELOPMENT OR USE OF RECEPTIVE AND
EXPRESSIVE COMMUNICATION SKILLS BY THE CHILD
;
(IV) D
EVELOP AND MAINTAIN A TRUSTING , INTERACTIVE
RELATIONSHIP WITH THE CHILD THAT PROMOTES SOCIAL AND EMOTI ONAL
WELL
-BEING; AND
(V) PROVIDE THE CHILD WITH OPPORTUNITIES FOR LEARNING AND
DEVELOPMENT IN THE COMMUNITY AND AT HOME
.
(b) T
HE COMMISSION SHALL HIRE AN INTERVENER PROGRAM
MANAGER TO DIRECT SERVICES FOR CHILDREN WHO ARE DEAFBLIND AND
ENSURE THAT AN INTERVENER
:
PAGE 4-HOUSE BILL 23-1067 (I) WORKS WITH NO MORE THAN ONE CHILD AT A TIME ;
(II) I
NSTRUCTS AND SUPPORTS THE CHILD IN SKILLS RELATED TO
COMMUNITY INVOLVEMENT
;
(III) T
RANSPORTS THE CHILD TO GAIN ACCESS TO COMMUNITY
SERVICES AND RESOURCES
;
(IV) P
ROVIDES COMMUNICATION AND INFORMATION TO THE CHILD
CONCERNING THE CHILD
'S ENVIRONMENT THAT OTHERWISE WOULD BE
AVAILABLE THROUGH VISION AND HEARING
;
(V) U
SES INTERPERSONAL COMMUNICATION , INCLUDING SIGN
LANGUAGE
, SPEECH, TANGIBLE COMMUNICATION SYMBOLS , GESTURES,
CALENDARS, AND AUGMENTATIVE COMMUNICATION DEVICES ;
(VI) M
AKES SIGHTS, SOUNDS, AND ACTIVITIES ACCESSIBLE TO THE
CHILD BY LEARNING THE CHILD
'S SPECIFIC COMMUNICATION SYSTEM ; AND
(VII) FORMS A WORKING ALLIANCE WITH THE DEAFBLIND CHILD 'S
FAMILY MEMBERS
, NEIGHBORS, COMMUNITY ORGANIZATIONS , AND
PROFESSIONALS WITH WHOM THE CHILD HAS CONTACT
.
(c) T
HE INTERVENER PROGRAM MANAGER SHALL DOCUMENT THE
FOLLOWING OUTCOMES FOR INTERVENER SERVICES IN THE CHILD
'S RECORD:
(I) W
HETHER THE CHILD IS EFFECTIVELY COMMUNICATING WANTS
AND NEEDS TO THE CHILD
'S INTERVENER; AND
(II) WHETHER THE CHILD IS ACTIVELY PARTICIPATING IN COMMUNITY
ACTIVITIES AND ACTIVITIES OF DAILY LIVING TO THE EXTENT OF THE CHILD
'S
ABILITY
.
(d) T
HE INTERVENER PROGRAM MANAGER AND INTERVENER SHALL
COLLABORATE WITH OTHER STATE AGENCIES AS APPROPRIATE THAT PROVIDE
DIRECT OR INDIRECT SERVICES TO CHILDREN WHO ARE DEAFBLIND AND THEIR
FAMILIES TO IDENTIFY POTENTIAL ADDITIONAL SERVICES OR OPPORTUNITIES
FOR CHILDREN WHO ARE DEAFBLIND
.
SECTION 4. In Colorado Revised Statutes, 40-17-104, amend
PAGE 5-HOUSE BILL 23-1067 (1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:
40-17-104. Colorado telephone users with disabilities fund -
creation - purpose. (1) (b) The general assembly shall make annual
appropriations out of the fund:
(II) To the reading services for the blind cash fund, created in
section 24-90-105.5 (5), for use by the state librarian in support of privately
operated reading services for people who are blind; and
(III) To provide support for library services as authorized by section
24-90-105 (1)(e);
AND
(IV) TO PROVIDE SUPPORT FOR THE FAMILY AND COMMUNITY
INTERVENER PROGRAM ESTABLISHED IN SECTION
26-21-106 (8.5).
SECTION 5. Appropriation. (1) For the 2023-24 state fiscal year,
$130,092 is appropriated to the Colorado commission for the deaf, hard of
hearing, and deafblind cash fund created in section 26-21-107 (1), C.R.S.
This appropriation is from the Colorado telephone users with disabilities
fund created in section 40-17-104 (1)(a), C.R.S. The public utilities
commission in the department of regulatory agencies is responsible for the
accounting related to this appropriation.
(2) For the 2023-24 state fiscal year, $130,092 is appropriated to the
department of human services for use by the office of adults, aging, and
disability services. This appropriation is from reappropriated funds in the
Colorado commission for the deaf, hard of hearing, and deafblind cash fund
under subsection (1) of this section, and is based on the assumption that the
office will require an additional 0.4 FTE. To implement this act, the office
may use the appropriation for the Colorado commission for the deaf, hard
of hearing, and deafblind.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 6-HOUSE BILL 23-1067 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 23-1067