SLS 15RS-319 ENGROSSED
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 deaf, hard of hearing, or deaf-blind. Therefore the legislature recognizes the Deaf
16 Child's Bill of Rights as follows:
17 (1) Children Public schools and all publicly funded early intervention
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1 programs shall provide children who are deaf, or hard of hearing, or deaf-blind
2 are entitled to appropriate screening and assessment of hearing and vision
3 capabilities and communication and language needs at the earliest possible age and
4 to the continuation of screening services throughout the educational experience.
5 (2) Children Public schools and all publicly funded early intervention
6 programs shall provide children who are deaf, or hard of hearing, or deaf-blind
7 are entitled to with individualized and appropriate early intervention to provide
8 for support the acquisition of solid language bases developed at the earliest possible
9 age.
10 (3) Children who are deaf or hard of hearing are entitled to their parents' or
11 guardians' full and informed participation in their educational planning. Public
12 schools shall inform the parents or guardians of children who are deaf, hard of
13 hearing, or deaf-blind of all State Board of Elementary and Secondary
14 Education policies and regulations relative to placement considerations and
15 options available to children who are deaf, hard of hearing, or deaf-blind and
16 provide opportunities for parents and guardians to fully participate in the
17 development and implementation of their child's education plan.
18 (4) Children who are deaf or hard of hearing are entitled to adult role models
19 who are deaf or hard of hearing. Public schools shall strive to provide children
20 who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate
21 with adult role models who are deaf, hard of hearing, or deaf-blind to learn
22 advocacy skills, including self advocacy.
23 (5) Children who are deaf or hard of hearing are entitled to meet and
24 associate with their peers. Public schools shall provide children who are deaf,
25 hard of hearing, or deaf-blind opportunities to meet and associate with their
26 peers in the school environment and during school sponsored activities.
27 (6) Children who are deaf or hard of hearing are entitled Public schools
28 shall provide children who are deaf, hard of hearing, or deaf-blind access to
29 qualified teachers, interpreters, and resource personnel who communicate effectively
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1 with each child in that child's mode of communication.
2 (7) Children who are deaf or hard of hearing are entitled to Public schools
3 shall include a communication plan in the Individualized Education Program
4 of every student with an exceptionality who is deaf, hard of hearing, or deaf-
5 blind. Where appropriate, public schools shall include a communication plan
6 in the Individual Accommodation Plan for a student who is deaf, hard of
7 hearing, or deaf-blind.
8 (8) Public schools shall provide children who are deaf, hard of hearing,
9 or deaf-blind placement that is best suited to each child's individual needs,
10 including but not limited to social, emotional, and cultural needs, with consideration
11 for the child's age, degree and type of hearing loss, academic level, mode of
12 communication, style of learning, motivational level, and amount of family support.
13 (8)(9) Children who are deaf or hard of hearing are entitled to Public schools
14 shall provide children who are deaf, hard of hearing, or deaf-blind individual
15 considerations for free, appropriate education across a full spectrum of educational
16 programs.
17 (9)(10) Children who are deaf or hard of hearing are entitled to Public
18 schools shall provide children who are deaf, hard of hearing, or deaf-blind full
19 support services provided by qualified professionals in their educational settings.
20 The state Department of Education shall work with local education agencies to
21 ensure technical assistance is available to support public school governing
22 authorities in meeting the needs of children who are deaf, hard of hearing, or
23 deaf-blind.
24 (10)(11) Children who are deaf or hard of hearing are entitled to Public
25 schools shall provide children who are deaf, hard of hearing, or deaf-blind full
26 access to all programs in their educational settings.
27 (11)(12) Deaf, and hard-of-hearing hard of hearing, and deaf-blind
28 children are entitled to have the public fully informed concerning medical, cultural,
29 and linguistic issues of deafness and hearing loss individuals who are deaf, hard
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1 of hearing, or deaf-blind.
2 (12)(13) Children who are deaf or hard of hearing are entitled, where
3 appropriate, to Public schools, where possible, shall have deaf and hard-of-hearing
4 hard of hearing adults directly involved determining the extent, content, and
5 purpose of all programs that affect their education the education of children who
6 are deaf, hard of hearing, or deaf-blind.
7 B.(1) Public school governing authorities shall comply with the
8 provisions of this Section, in accordance with applicable state and federal law,
9 policy, and regulation.
10 (2) Nothing in this Section shall be construed to create a right of action
11 that is not currently provided for in state or federal law or regulation on behalf
12 of an individual student or a class of students for the failure of a particular
13 public school or public school governing authority to comply with any provision
14 of this Section, or to prevent the parent or legal guardian of a student from
15 filing a complaint as provided in applicable state or federal law or regulation.
16 * * *
17 §3996. Charter schools; exemptions; requirements
18 * * *
19 B. Notwithstanding any state law, rule, or regulation to the contrary and
20 except as may be otherwise specifically provided for in an approved charter, a
21 charter school established and operated in accordance with the provisions of this
22 Chapter and its approved charter and the school's officers and employees shall be
23 exempt from all statutory mandates or other statutory requirements that are
24 applicable to public schools and to public school officers and employees except for
25 the following laws otherwise applicable to public schools with the same grades:
26 * * *
27 (39) Deaf Child's Bill of Rights, R.S. 17:1960.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 58 Engrossed 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.
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 and all publicly
funded early intervention programs 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 and all publicly funded early intervention programs
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 inform the parents or guardians of children
who are deaf, hard of hearing, or deaf-blind of all BESE policies and regulations relative to
placement considerations and options available to children who are deaf, hard of hearing,
or deaf-blind and provide opportunities for parents and guardians to fully participate in the
development and implementation of their child's education plan.
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.
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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 ENGROSSED
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 of every student
with an exceptionality who are deaf, hard of hearing, or deaf-blind. Further provides that,
where appropriate, public schools shall include a communication plan in the Individual
Accommodation Plan for a student who is deaf, hard of hearing, or deaf-blind.
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 and to consider the type
of hearing loss as well as the degree.
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 work with local education agencies to ensure technical assistance is available
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 provides that children who are deaf-blind are entitled to have the public fully
informed concerning medical, cultural, and linguistic issues of individuals who are deaf,
hard of hearing, or deaf-blind.
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.
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words in boldface type and underscored are additions. SB NO. 58
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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.
(Amends R.S. 17:1960, adds R.S. 17:3996(B)(39))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Makes terminology consistent regarding children who are deaf, hard of
hearing, and deaf-blind.
2. Includes publicly funded early intervention programs in provisions related
to screening and assessments and early interventions.
3. Deletes references to specific placement options and instead parents/legal
guardians to be informed of BESE policies and regulations relative to
placement considerations and options.
4. Requires inclusion of communication plan in student's IEP and in a student's
IAP where appropriate.
5. Provides for consideration of the type of a child's hearing loss as well as the
degree.
6. Deletes requirement that DOE provide technical assistance and instead
requires DOE to work with local education agencies to ensure technical
assistance is available.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.