Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3943 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1959 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3943
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 ensuring language readiness in deaf, deafblind, and hard-of-hearing children entering
13	13	kindergarten.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/19/2023 1 of 10
17	17	HOUSE DOCKET, NO. 1959 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3943
19	19	By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 3943) of
20	20	Brian M. Ashe relative to the language readiness of deaf, deafblind, and hard-of-hearing children
21	21	entering kindergarten. Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act ensuring language readiness in deaf, deafblind, and hard-of-hearing children entering
28	28	kindergarten.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 69 of the General Laws is hereby amended by inserting after
32	32	2section 1T the following section:
33	33	3 Section 1U. (a) For the purposes of this section the following terms shall, unless the
34	34	4context requires otherwise, have the following meanings:-
35	35	5 “504 plan”, and individualized education plan authorized by section 504 of the Federal
36	36	6Rehabilitation Act of 1973.
37	37	7 “ASL”, American Sign Language.
38	38	8 “IEP”, an individualized education program authorized by the Federal Individuals with
39	39	9Disabilities Education Act. 2 of 10
40	40	10 “IFSP”, an individualized family service plan authorized by the Federal Individuals with
41	41	11Disabilities Education Act.
42	42	12 “Language developmental milestones”, are milestones of development aligned with the
43	43	13existing state standard used to meet the requirements of federal law for the language assessment,
44	44	14to be determined by the work group, of children from birth to age 6, inclusive.
45	45	15 “Language” any language in American Sign Language or English.
46	46	16 “English”, spoken English, written English or English with the use of visual supplements
47	47	17as specified in Definition (a)(4).
48	48	18 “Total Communication”, the methodology of spoken English and the use of sign
49	49	19language simultaneously.
50	50	20 “Language Readiness Services”, to provide an accessible language such as visual or
51	51	21spoken to build a language rich environment to interact, to play, to share a focus, and to take
52	52	22turns.
53	53	23 For the purposes of developing and using language as defined in subsection (c)(2), for a
54	54	24child who is deaf, deafblind or hard-of-hearing the milestones and assessments will be focused
55	55	25on American Sign Language or English. There are other modalities that would support the
56	56	26acquisition of language that would support the learning of English and ASL. Recognition of
57	57	27heritage language shall be honored and supported.
58	58	28 (b) The commission of the deaf and hard of hearing, working with the department of
59	59	29public health and the department of elementary and secondary education, shall: 3 of 10
60	60	30 (i) jointly select language development milestones from existing standardized norms
61	61	31pursuant to the process specified in subsection (f):
62	62	32 (ii) develop a resource for use by parents to monitor and select assessments to track deaf,
63	63	33deafblind and hard-of-hearing children’s expressive and receptive language acquisition and
64	64	34developmental stages toward English literacy regardless of services received:
65	65	35 (iii) publish annually a joint report of disaggregate data based on demographics, services
66	66	36received and language modality; and
67	67	37 (iv) address systemic processes and gaps for deaf, deafblind, and hard of hearing children
68	68	38ages 0 through 6.
69	69	39 (c) The parent resource required by paragraph (ii) of subsection (b) shall be made
70	70	40available in any language and shall:
71	71	41 (i) include the language developmental milestones selected pursuant to the process
72	72	42described in subsection (f);
73	73	43 (ii) be appropriate for use, in both content and administration, with deaf, deafblind, and
74	74	44hard-of-hearing children from birth to age 6, inclusive, who use ASL, English or both languages;
75	75	45 (iii) present the developmental milestones in terms of typical development of all children,
76	76	46by age range;
77	77	47 (iv) be written for clarity and ease of use by parents; 4 of 10
78	78	48 (v) be aligned with the departments’ existing infant, toddler and preschool guidelines, the
79	79	49existing instrument used to assess the development of children with disabilities pursuant to
80	80	50federal law and state standards in ASL and English language arts;
81	81	51 (vi) provide acquisition and development milestones that meet current developmental
82	82	52standards for non-deaf children.
83	83	53 (vii) make clear the parent resource is not a formal assessment of language and literacy
84	84	54development and that a parent’s observations of their children may differ from formal
85	85	55assessment data presented in an IFSP or IEP meeting or a 504 plan;
86	86	56 (viii) emphasize the importance of placing the child on an IFSP, IEP or 504 plan and
87	87	57make clear that a parent may bring the parent resource to an IFSP, IEP or 504 plan meeting for
88	88	58purposes of sharing their observations about their child’s development; and
89	89	59 (ix) include fair, balanced and comprehensive information about language and
90	90	60communication modes as well as available services and programs.
91	91	61 (d) The department of public health and the department shall select existing tools and for
92	92	62educators that can be used to assess the language and literacy development of deaf, deafblind and
93	93	63hard-of-hearing children. These educator tools or assessments shall:
94	94	64 (i) be in a format that shows stages of language development;
95	95	65 (ii) be selected for use by educators to track the development of deaf, deafblind and hard-
96	96	66of-hearing children’s expressive and receptive language acquisition and developmental stages
97	97	67toward English literacy; 5 of 10
98	98	68 (iii) be selected from applicable existing instruments, tools or assessments used to assess
99	99	69the development of all children from birth to age 6, inclusive.
100	100	70 (iv) be appropriate, in both content and administration, for use with deaf, deafblind and
101	101	71hard-of-hearing children.
102	102	72 (v) be used, in addition to the assessment required by federal law, by the child’s IFSP,
103	103	73IEP or 504 plan team, as applicable, to track deaf, deafblind and hard-of-hearing children’s
104	104	74progress and to establish or modify IFSP, IEP or 504 plans. A parent of a child who is deaf,
105	105	75deafblind or hard of hearing may opt the child out of the annual assessment. To opt out of an
106	106	76annual assessment required under this section, a parent of a child who is deaf, deafblind or hard
107	107	77of hearing must provide, in writing, to the local educational agency the parent’s intent to opt out
108	108	78of the annual assessment for the child; and
109	109	79 (vi) reflect the recommendations of the committee on kindergarten readiness established
110	110	80pursuant to subsection (g).
111	111	81 (e) (1) The departments shall disseminate the parent resource developed pursuant to
112	112	82subsection (b) to parents and guardians of deaf, deafblind and hard-of-hearing children and,
113	113	83 pursuant to federal law, shall disseminate the educator tools and assessments selected
114	114	84pursuant to subsection (d) to local educational agencies for use in the development and
115	115	85modification of IFSP, IEP and 504 plans and shall provide technical assistance on its use to assist
116	116	86deaf, deafblind and hard-of-hearing children in becoming linguistically ready for kindergarten
117	117	87 (2) If a deaf, deafblind or hard-of-hearing child does not demonstrate progress in
118	118	88expressive and receptive language skills as measured by one of the educator instruments, tools or 6 of 10
119	119	89assessments selected pursuant to subsection (d), or by the existing instrument used to assess the
120	120	90development of children with disabilities pursuant to federal law, the child’s IFSP, IEP or 504
121	121	91plan team, as applicable, shall, as part of the process required by federal law, explain in detail the
122	122	92reasons why the child is not meeting the language developmental milestones or progressing
123	123	93toward them and shall recommend specific strategies, services and programs that shall be
124	124	94provided to assist the child’s success toward English literacy.
125	125	95 (f) (1) On or before March 1, 2024, the Massachusetts commission for the deaf and hard
126	126	96of hearing along with the department and the department of public health shall provide the
127	127	97committee on kindergarten readiness established pursuant to subsection (g) with a list of existing
128	128	98language developmental milestones from existing standardized norms and any relevant
129	129	99information held by the departments regarding those language developmental milestones for
130	130	100possible inclusion in the parent resource developed pursuant to subsection (b). The language
131	131	101developmental milestones shall be aligned to the department’s existing infant, toddler and
132	132	102preschool guidelines, the existing instrument used to assess the development of children with
133	133	103disabilities pursuant to federal law and the state standards in English language arts.
134	134	104 (2) On or before June 1, 2024, the committee on kindergarten readiness shall recommend
135	135	105language developmental milestones for selection pursuant to subsection (b).
136	136	106 (3) On or before June 30, 2024, the departments shall inform the committee on
137	137	107kindergarten readiness of the language developmental milestones selected pursuant to paragraph
138	138	108(1).
139	139	109 (g) (1) The commission of deaf and hard of hearing shall work with the department of
140	140	110public health and the department of elementary and secondary education to appoint a full 7 of 10
141	141	111standing committee, hereafter referred to as the committee on kindergarten readiness, for
142	142	112purposes of supporting all deaf, deafblind and hard of hearing children’s language and education
143	143	113needs including the selection of language developmental milestones for deaf, deafblind and hard
144	144	114of hearing children that are equivalent to those for children who are not deaf, deafblind and hard
145	145	115of hearing for inclusion in the parent resource developed pursuant to subsection (b).
146	146	116 (2) The committee on kindergarten readiness may make recommendations on the
147	147	117selection and administration of the educator tools or assessments selected pursuant to subsection
148	148	118(d). The committee on kindergarten readiness may make recommendations on the materials to
149	149	119add to the parent resource; provided, that any such recommended materials are unbiased and
150	150	120comprehensive. The committee shall review the annual joint report to be produced by the
151	151	121department and department of public health using disaggregated data that considers the language
152	152	122and English literacy development of children who are 6 years of age and under, deaf, deafblind
153	153	123and hard of hearing; in relation to the age appropriate milestones of their peers who are not deaf
154	154	124or hard of hearing by July 1, 2024, and every year thereafter. The committee shall address
155	155	125systemic processes and address gaps of deaf, deafblind and hard of hearing children between the
156	156	126ages of 0 and 6 in any recommendations made pursuant to this paragraph.
157	157	127 (3) The committee on kindergarten readiness shall consist of 18 individuals who have an
158	158	128expertise in, and knowledge of, issues concerning the education of children, the majority of
159	159	129 whom shall be deaf, deafblind or hard-of-hearing. The committee on kindergarten
160	160	130readiness shall have a balance of members who use ASL and English in a personal or
161	161	131professional context and members who use only spoken English in a personal or professional 8 of 10
162	162	132context. The committee on kindergarten readiness shall be comprised of the following voting
163	163	133members:
164	164	134 (i) 1 parent of a child who is deaf or hard-of-hearing who uses the dual languages of ASL
165	165	135and English;
166	166	136 (ii) 1 parent of a child who is deaf or hard-of-hearing who uses only spoken English and
167	167	137who may use visual supplements;
168	168	138 (iii) 1 expert who researches language outcomes for deaf, deafblind and hard-of-hearing
169	169	139children using ASL and English;
170	170	140 (iv) 1 expert who researches language outcomes for deaf, deafblind and hard-of-hearing
171	171	141children using spoken English and who may use visual supplements;
172	172	142 (v) 1 early intervention specialist who works with deaf and hard-of-hearing infants and
173	173	143toddlers using the dual languages of ASL and English;
174	174	144 (vi) 1 teacher of the deaf and hard-of-hearing who is licensed in the area of ASL or Total
175	175	145Communication whose expertise is in ASL and English language assessment.
176	176	146 (vii) 1 speech pathologist of spoken English who may use visual supplements and who
177	177	147has expertise in assessment of English language.
178	178	148 A representative from each of the following agencies or committees, as determined by the
179	179	149agency head or committee chair, shall serve as non-voting members of the committee:
180	180	150 (i) Universal Newborn Hearing Screening Program; 9 of 10
181	181	151 (ii) 4 special service programs for the deaf and hard-of-hearing; provided, that the
182	182	152representatives of such special service programs shall be service providers who serve diverse
183	183	153populations and who do not practice in the same location as the other special service program
184	184	154representatives; and
185	185	155 (iii) Massachusetts State Association of the Deaf, Inc.
186	186	156 (h) The committee on kindergarten readiness established pursuant to subsection (g) may
187	187	157advise the department and the department of public health on the content and administration of
188	188	158the existing instrument used to assess the development of children with disabilities pursuant to
189	189	159federal law and as used to assess and track deaf, deafblind and hard-of-hearing children’s
190	190	160language and literacy development to ensure the appropriate use of that instrument with those
191	191	161children. The committee may make recommendations regarding future research to improve the
192	192	162measurement of progress of deaf, deafblind and hard-of-hearing children in language and
193	193	163literacy.
194	194	164 (i) Commencing on or before July 31, 2024, and on or before each July 31 thereafter, the
195	195	165department and the department of public health shall annually produce a joint report on the
196	196	166language and literacy development of deaf, deafblind and hard-of-hearing children from birth to
197	197	1676 years of age, inclusive, including those who are deaf, deafblind or hard-of-hearing and have
198	198	168other disabilities, relative to their peers who are not deaf, deafblind or hard-of-hearing. The
199	199	169report shall be based on disaggregated data reported in compliance with the federally required
200	200	170state performance plan on pupils with disabilities. The disaggregated data should include
201	201	171geographical data, race, services received, and language modality. The department and the
202	202	172department of public health shall make this report available on their respective Internet websites. 10 of 10
203	203	173 (j) All activities of the departments in implementing this section shall be consistent with
204	204	174federal law regarding the education of children with disabilities and federal law regarding the
205	205	175privacy of pupil information.
206	206	176 (k) This section shall apply only to children from birth to age 6, inclusive.
207	207	177 SECTION 2. Section 1 of chapter 111G of the General Laws, as appearing in the 2020
208	208	178Official Edition, is hereby amended by striking out the definition of “Early intervention services”
209	209	179and inserting in place thereof the following definition:- “Early intervention services”, services
210	210	180provided to children and the families of children, who are between birth and three years of age
211	211	181and who have identified handicapping conditions or who are at risk for developmental delays due
212	212	182to biological, established, or environmental factors. Such services are for the purpose of
213	213	183minimizing the potential for developmental delay and for preventing the institutionalization of
214	214	184such children and shall be developmental services, including but not limited to speech,
215	215	185occupational and physical therapy, social work, psychological, educational, and nursing services.
216	216	186Early intervention services shall include language readiness services provided pursuant to section
217	217	1871U of chapter 69.
218	218	188 SECTION 3. Section 2 of said chapter 111G, as so appearing, is hereby amended by
219	219	189adding the following paragraph: -
220	220	190 The department shall, in coordination with the department of elementary and secondary
221	221	191education, develop and promulgate uniform rules and regulations for the provision of language
222	222	192readiness services provided pursuant to section 1U of chapter 69.