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.
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.
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.