Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H126 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 767 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 126
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brian M. Ashe
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the deaf children's bill of rights.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/17/2023 1 of 6
16	16	HOUSE DOCKET, NO. 767 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 126
18	18	By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 126) of
19	19	Brian M. Ashe relative to the rights of deaf children. Children, Families and Persons with
20	20	Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing the deaf children's bill of rights.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1: Chapter 71 of the General Laws is hereby amended by inserting after
30	30	2section 1D the following section:-
31	31	3 Section 1D. (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:
33	33	5 “Deaf”, any individual that is Deaf, Hard of Hearing, DeafBlind or DeafDisabled.
34	34	6 “DeafDisabled”, any individual who is Deaf with special needs.
35	35	7 “Qualified Professionals”, any professional working with a Deaf child who has
36	36	8demonstrated knowledge of language acquisition in Deaf children, fluency in American Sign
37	37	9Language as measured by the American Sign Language Proficiency Interview and has
38	38	10credentials in their specialized profession. American Sign Language interpreters must have a K-
39	39	1112 Certification through the Educational Interpreters Performance Assessment or an equivalent 2 of 6
40	40	12certification as determined between the commission for the deaf and hard of hearing and the
41	41	13department of elementary and secondary education.
42	42	14 “Language Access”, a process of providing tools to a Deaf child to acquire a language
43	43	15and allows a Deaf child to access a free and appropriate education and participate in everyday
44	44	16activities.
45	45	17 “Language Acquisition”, a process by which a Deaf child acquires the capacity to
46	46	18perceive and comprehend language, as well as to produce and use words and sentences to
47	47	19communicate.
48	48	20 “Language modality”, using language in one or other modes, including, signed, spoken or
49	49	21written language. Language modality helps to facilitate language development, communication,
50	50	22and learning.
51	51	23 (b) The commonwealth recognizes that deaf children, Hard of Hearing, DeafBlind or
52	52	24DeafDisabled have the same potential and rights as all children to receive a free and appropriate
53	53	25public education and to become independent and self-actualized citizens. The commonwealth
54	54	26acknowledges the need for early screening and access to language services and instruction.
55	55	27 (c) There shall be a policy known as the Deaf Children’s Bill of Rights that shall contain,
56	56	28at a minimum, the following:
57	57	29 (1) Deaf children have the right to appropriate screening and assessments of hearing and
58	58	30vision capabilities by qualified professionals proficient in American Sign Language, English and
59	59	31educational needs of deaf children and to acquire American Sign Language and English at the 3 of 6
60	60	32earliest possible age or at time of identification and assessment throughout the educational
61	61	33process at regular intervals;
62	62	34 (2) Deaf children shall receive individualized and appropriate early language access
63	63	35services by qualified providers that shall include support for the acquisition of language as early
64	64	36as possible and assessments at regular intervals every 3 months prior to kindergarten and every 3
65	65	37years until the child reaches age 22. Assessments shall utilize age-appropriate benchmarks and
66	66	38identify current language levels and educational planning to support progress. Failure to show
67	67	39progress shall be subject to state agency intervention to ensure measures are taken to remediate
68	68	40the issue;
69	69	41 (3) all educational entities from pre-kindergarten through grade 12 shall ensure that
70	70	42parents or guardians of deaf children are entitled to full and informed participation in the
71	71	43development of their child’s educational plans and the determination of educational placement
72	72	44based on their child’s educational and language needs and the capacity of the program to meet
73	73	45those needs. Furthermore, the child’s parents or guardian may request enrollment in a school for
74	74	46deaf students;
75	75	47 (4) Deaf children shall be entitled to placement in a school that is best suited to each
76	76	48child's individual needs including, but not limited to, language levels, social, emotional and
77	77	49cultural needs, with consideration for the child's age, degree of hearing loss, academic level,
78	78	50language needs, style of learning, motivational level and amount of family support. A language
79	79	51access plan shall be required as a part of the student’s Individualized family service plan,
80	80	52Individualized education program, or individual accommodation plan; 4 of 6
81	81	53 (5) all educational entities from pre-kindergarten through grade 12 shall provide
82	82	54placement options for deaf children across a full spectrum of educational programs and shall
83	83	55inform parents about all school choices including the local school for the deaf;
84	84	56 (6) all educational entities from pre-kindergarten through grade 12 shall provide enrolled
85	85	57deaf children access to full support services by qualified professionals in their educational
86	86	58settings. The department of elementary and secondary education shall work with educational
87	87	59entities to ensure technical assistance is available to support local education agencies and other
88	88	60programs in meeting the needs of Deaf students;
89	89	61 (7) Deaf children have the right to direct instruction. If that is not possible, all educational
90	90	62entities from pre-kindergarten through grade 12 shall provide enrolled deaf children access to
91	91	63qualified teachers, interpreters and resource personnel who are fluent in both American Sign
92	92	64Language and English along with the child’s home language if different. Qualified providers
93	93	65should include but not be limited to teachers of Deaf students, paraprofessionals, language
94	94	66translators and Sign Language Interpreters, school psychologists, speech and language
95	95	67pathologists, American Sign Language Specialists and counselors;
96	96	68 (8) Deaf children who are under the age of 7 and who do not receive direct instruction
97	97	69shall have a certified or state approved deaf interpreter in the classroom to enhance language
98	98	70acquisition;
99	99	71 (9) Deaf children shall have full access to all programs and information in their
100	100	72educational placements, including but not limited to extracurricular activities, recess, lunch,
101	101	73media showings and public announcements; 5 of 6
102	102	74 (10) Deaf children shall have opportunities to meet and associate with adult role models
103	103	75who are Deaf and learn about identity, self-advocacy and leadership skills;
104	104	76 (11) Deaf children shall have opportunities to meet and associate with Deaf peers that are
105	105	77around the same age or have similar academic abilities during school hours and school-
106	106	78sponsored activities, including those occurring outside regular school hours;
107	107	79 (12) professionals in related fields, including, but not limited to medicine and education,
108	108	80working with Deaf children shall be responsible for providing full information to the children’s
109	109	81families on medical, ethical, cultural and linguistic issues including the benefits, risks and
110	110	82limitations of technology, cochlear implant or bone anchored hearing aid implant surgery,
111	111	83hearing aids and language acquisition and deprivation;
112	112	84 (13) Deaf children are entitled to the involvement and participation of Deaf adults, if
113	113	85requested, in any meeting with parents and the school district in determining the extent, content
114	114	86and purpose of all programs that affect their education;
115	115	87 (14) Deaf children are entitled to have direct access to mental health services and
116	116	88supporting services from qualified providers who are culturally and linguistically competent and
117	117	89who are fluent in American Sign Language;
118	118	90 (15) the commission for the deaf and hard of hearing shall track each Deaf child from
119	119	91birth or identification until age 22. Each Deaf child shall have an individualized family service
120	120	92plan, individualized education program or 504 plan based on that child’s unique language and
121	121	93learning needs; 6 of 6
122	122	94 (16) If a local education agency, school entity or educational institution or early
123	123	95Intervention program is found to be in violation of this section, where the child is shown to be
124	124	96language deprived or lacking in development, such education provider may be subject to an
125	125	97intervention by the department of elementary and secondary education. Each state agency shall
126	126	98aggregate and publish results of any data from qualified providers related to the enforcement of
127	127	99this section on an annual basis.