RÉSUMÉ DIGEST
Act 250 (SB 58) 2015 Regular Session Appel
Prior law, relative to students with exceptionalities, recognized 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.
New 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:
Prior law provided 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.
New law essentially retains prior 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.
Prior law provided 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.
New 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.
Prior law provided that children who are deaf or hard of hearing are entitled to their parents'
or guardians' full and informed participation in their educational planning.
New 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.
Prior law provided that children who are deaf or hard of hearing are entitled to adult role
models who are deaf or hard of hearing.
New 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.
Prior law provided that children who are deaf or hard of hearing are entitled to meet and
associate with their peers.
New 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.
Prior law provided 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.
New law essentially retains prior 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.
New 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.
Prior law provided 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.
New law essentially retains prior 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.
Prior law provided 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.
New law essentially retains prior law, but requires public schools to provide such
considerations to children who are deaf, hard of hearing, or deaf-blind.
Prior law provided that children who are deaf or hard of hearing are entitled to full support
services provided by qualified professionals in their educational settings.
New law retains prior 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.
Prior law provided that children who are deaf or hard of hearing are entitled to full access to
all programs in their educational settings.
New law essentially retains prior law, but requires public schools to provide such access to
children who are deaf, hard of hearing, or deaf-blind.
Prior law provided 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.
New 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.
Prior law provided 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.
New 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.
New law requires public school governing authorities to comply with new law, in accordance
with applicable state and federal law, policy, and regulation.
New law specifies that nothing in new 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 new 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.
New 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))