SLS 15RS-319 ORIGINAL
2015 Regular Session
SENATE BILL NO. 58
BY SENATOR APPEL AND REPRESENTATIVE FOIL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SPECIAL EDUCATION. Provides relative to the Deaf Child's Bill of Rights. (8/1/15)
1 AN ACT
2 To amend and reenact R.S. 17:1960 and to enact R.S. 17:3996(B)(39), relative to students
3 with exceptionalities; to provide with respect to the Deaf Child's Bill of Rights; to
4 include deaf-blind children in such bill of rights; to convert the aspirational context
5 of the Deaf Child's Bill of Rights to a series of directives to public schools; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:1960 is hereby amended and reenacted and R.S. 17:3996(B)(39)
9 is hereby enacted to read as follows:
10 §1960. The Deaf Child's Bill of Rights; legislative recognition
11 A. The Louisiana Association of the Deaf and the United States Congress
12 recognize that children who are deaf, or hard of hearing, or deaf-blind who utilize
13 one or more modes of communication have the same rights and potential to
14 become independent and self-actualizing as children who are not hearing impaired.
15 Therefore the legislature recognizes the Deaf Child's Bill of Rights as follows:
16 (1) Children Public schools shall provide children who are deaf, or hard
17 of hearing, or deaf-blind are entitled to appropriate screening and assessment of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
1 hearing and vision capabilities and communication and language needs at the earliest
2 possible age and to the continuation of screening services throughout the educational
3 experience.
4 (2) Children Public schools shall provide children who are deaf, or hard
5 of hearing, or deaf-blind are entitled to with individualized and appropriate early
6 intervention to provide for support the acquisition of solid language bases
7 developed at the earliest possible age.
8 (3) Children who are deaf or hard of hearing are entitled to their parents' or
9 guardians' full and informed participation in their educational planning. Public
10 schools shall allow the parents or guardians of children who are deaf, hard of
11 hearing, or deaf-blind full participation in their child's educational planning,
12 including the option to enroll the student at the Louisiana School for the Deaf
13 or the Louisiana School for the Visually Impaired. If the governing authority
14 of the school in which a child who is deaf, hard of hearing, or deaf-blind is
15 enrolled does not make a request for the child to be enrolled in one of these
16 schools, the child's parent or legal guardian may request such enrollment.
17 (4) Children who are deaf or hard of hearing are entitled to adult role models
18 who are deaf or hard of hearing. Public schools shall strive to provide children
19 who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate
20 with adult role models who are deaf, hard of hearing, or deaf-blind to learn
21 advocacy skills, including self advocacy.
22 (5) Children who are deaf or hard of hearing are entitled to meet and
23 associate with their peers. Public schools shall provide children who are deaf,
24 hard of hearing, or deaf-blind opportunities to meet and associate with their
25 peers in the school environment and during school sponsored activities.
26 (6) Children who are deaf or hard of hearing are entitled Public schools
27 shall provide children who are deaf, hard of hearing, or deaf-blind access to
28 qualified teachers, interpreters, and resource personnel who communicate effectively
29 with each child in that child's mode of communication.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
1 (7) Children who are deaf or hard of hearing are entitled to Public schools
2 shall include a communication plan in the Individualized Education Program
3 or Individual Accommodation Plan for every student with an exceptionality
4 who has a communication barrier that impedes his educational progress,
5 including deaf, hard of hearing, deaf-blind, nonverbal, or any other
6 communication disorder.
7 (8) Public schools shall provide children who are deaf, hard of hearing,
8 or deaf-blind placement that is best suited to each child's individual needs,
9 including but not limited to social, emotional, and cultural needs, with consideration
10 for the child's age, degree of hearing loss, academic level, mode of communication,
11 style of learning, motivational level, and amount of family support.
12 (8)(9) Children who are deaf or hard of hearing are entitled to Public schools
13 shall provide children who are deaf, hard of hearing, or deaf-blind individual
14 considerations for free, appropriate education across a full spectrum of educational
15 programs.
16 (9)(10) Children who are deaf or hard of hearing are entitled to Public
17 schools shall provide children who are deaf, hard of hearing, or deaf-blind full
18 support services provided by qualified professionals in their educational settings.
19 The state Department of Education shall provide technical assistance to support
20 public school governing authorities in meeting the needs of children who are
21 deaf, hard of hearing, or deaf-blind.
22 (10)(11) Children who are deaf or hard of hearing are entitled to Public
23 schools shall provide children who are deaf, hard of hearing, or deaf-blind full
24 access to all programs in their educational settings.
25 (11)(12) Deaf, and hard-of-hearing, and deaf-blind children are entitled to
26 have the public fully informed concerning medical, cultural, and linguistic issues of
27 deafness and hearing loss.
28 (12)(13) Children who are deaf or hard of hearing are entitled, where
29 appropriate, to Public schools, where possible, shall have deaf and hard-of-hearing
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
1 adults directly involved in determining the extent, content, and purpose of all
2 programs that affect their education the education of children who are deaf, hard
3 of hearing, or deaf-blind.
4 B.(1) Public school governing authorities shall comply with the
5 provisions of this Section, in accordance with applicable state and federal law,
6 policy, and regulation.
7 (2) Nothing in this Section shall be construed to create a right of action
8 that is not currently provided for in state or federal law or regulation on behalf
9 of an individual student or a class of students for the failure of a particular
10 public school or public school governing authority to comply with any provision
11 of this Section, or to prevent the parent or legal guardian of a student from
12 filing a complaint as provided in applicable state or federal law or regulation.
13 * * *
14 §3996. Charter schools; exemptions; requirements
15 * * *
16 B. Notwithstanding any state law, rule, or regulation to the contrary and
17 except as may be otherwise specifically provided for in an approved charter, a
18 charter school established and operated in accordance with the provisions of this
19 Chapter and its approved charter and the school's officers and employees shall be
20 exempt from all statutory mandates or other statutory requirements that are
21 applicable to public schools and to public school officers and employees except for
22 the following laws otherwise applicable to public schools with the same grades:
23 * * *
24 (39) Deaf Child's Bill of Rights, R.S. 17:1960.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 58 Original 2015 Regular Session Appel
Present law recognizes that children who are deaf or hard of hearing have the same rights
and potential to become independent and self-actualizing as children who are not hearing
impaired.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
Proposed law includes deaf-blind children in such bill of rights and converts the Deaf Child's
Bill of Rights from a set of aspirational statements to a set of directives to public schools as
follows:
Present law provides that children who are deaf or hard of hearing are entitled to appropriate
screening and assessment of hearing and vision capabilities and communication and
language needs at the earliest possible age and to the continuation of screening services
throughout the educational experience.
Proposed law essentially retains present law, but requires public schools to provide such
services to children who are deaf, hard of hearing, or deaf-blind.
Present law provides that children who are deaf or hard of hearing are entitled to early
intervention to provide for acquisition of solid language bases developed at the earliest
possible age.
Proposed law requires public schools to provide children who are deaf, hard of hearing, or
deaf-blind with individualized and appropriate early intervention.
Present law provides that children who are deaf or hard of hearing are entitled to their
parents' or guardians' full and informed participation in their educational planning.
Proposed law instead requires public schools to allow the parents or guardians of children
who are deaf, hard of hearing, or deaf-blind full participation in their child's educational
planning, including the option to enroll the student at the Louisiana School for the Deaf or
the Louisiana School for the Visually Impaired. Further provides that if the governing
authority of the school in which a child who is deaf, hard of hearing, or deaf-blind is enrolled
does not make a request for the child to be enrolled in one of these schools, the child's parent
or legal guardian may request such enrollment.
Present law provides that children who are deaf or hard of hearing are entitled to adult role
models who are deaf or hard of hearing.
Proposed law provides that public schools shall strive to provide children who are deaf, hard
of hearing, or deaf-blind opportunities to meet and associate with adult role models who are
deaf, hard of hearing, or deaf-blind to learn advocacy skills, including self advocacy.
Present law provides that children who are deaf or hard of hearing are entitled to meet and
associate with their peers.
Proposed law requires public schools to provide children who are deaf, hard of hearing, or
deaf-blind opportunities to meet and associate with their peers in the school environment and
during school sponsored activities.
Present law provides that children who are deaf or hard of hearing are entitled to qualified
teachers, interpreters, and resource personnel who communicate effectively with each child
in that child's mode of communication.
Proposed law essentially retains present law, but requires public schools to provide children
who are deaf, hard of hearing, or deaf-blind access to such teachers, interpreters, and
resource personnel.
Proposed law adds a provision to the Deaf Child's Bill of Rights that requires public schools
to include a communication plan in the Individualized Education Program or Individual
Accommodation Plan for every student with an exceptionality who has a communication
barrier that impedes his educational progress, including deaf, hard of hearing, deaf-blind,
nonverbal, or any other communication disorder.
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
Present law provides that children who are deaf or hard of hearing are entitled to placement
best suited to each child's individual needs, including but not limited to social, emotional,
and cultural needs, with consideration for the child's age, degree of hearing loss, academic
level, mode of communication, style of learning, motivational level, and amount of family
support.
Proposed law essentially retains present law, but requires public schools to provide such
placement to children who are deaf, hard of hearing, or deaf-blind.
Present law provides that children who are deaf or hard of hearing are entitled to individual
considerations for free, appropriate education across a full spectrum of educational
programs.
Proposed law essentially retains present law, but requires public schools to provide such
considerations to children who are deaf, hard of hearing, or deaf-blind.
Present law provides that children who are deaf or hard of hearing are entitled to full support
services provided by qualified professionals in their educational settings.
Proposed law retains present law, but requires public schools to provide such services to
children who are deaf, hard of hearing, or deaf-blind. Further requires the state Department
of Education to provide technical assistance to support public school governing authorities
in meeting the needs of children who are deaf, hard of hearing, or deaf-blind.
Present law provides that children who are deaf or hard of hearing are entitled to full access
to all programs in their educational settings.
Proposed law essentially retains present law, but requires public schools to provide such
access to children who are deaf, hard of hearing, or deaf-blind.
Present law provides that deaf and hard-of-hearing children are entitled to have the public
fully informed concerning medical, cultural, and linguistic issues of deafness and hearing
loss.
Proposed law retains present law, but includes children who are deaf-blind in this
entitlement.
Present law provides that children who are deaf or hard of hearing are entitled, where
appropriate, to have deaf and hard-of-hearing adults directly involved in determining the
extent, content, and purpose of all programs that affect their education.
Proposed law requires public school, where possible, to have deaf and hard-of-hearing adults
directly involved in determining the extent, content, and purpose of all programs that affect
the education of children who are deaf, hard of hearing, or deaf-blind.
Proposed law requires public school governing authorities to comply with the provisions of
proposed law, in accordance with applicable state and federal law, policy, and regulation.
Proposed law specifies that nothing in proposed law shall be construed to create a right of
action not currently provided for in state or federal law or regulation on behalf of an
individual student or a class of students for the failure of a particular public school or public
school governing authority to comply with any provision of proposed law or to prevent the
parent or legal guardian of a student from filing a complaint as provided in applicable state
or federal law or regulation.
Proposed law provides that charter schools are subject to the Deaf Child's Bill of Rights.
Effective August 1, 2015.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
SLS 15RS-319 ORIGINAL
(Amends R.S. 17:1960, adds R.S. 17:3996(B)(39))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.