85R5287 KJE-F
By: Watson S.B. No. 354
A BILL TO BE ENTITLED
AN ACT
relating to language acquisition for children less than eight years
of age who are deaf or hard of hearing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.301, Education Code, is amended by
adding Subdivision (2-a) and amending Subdivision (3) to read as
follows:
(2-a) "Deaf or hard of hearing" means a hearing loss in
one or both ears of 20 dB HL or greater in the frequency region
important for speech recognition and comprehension, approximately
500 through 4,000 Hz.
(3) "English" includes writing, reading, and speech in
the English language [, speech reading, cued speech, and any
English-based manual-visual method of communication].
SECTION 2. Subchapter I, Chapter 29, Education Code, is
amended by adding Section 29.316 to read as follows:
Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section:
(1) "Advisory committee" means the advisory committee
established under Subsection (c).
(2) "Center" means the Educational Resource Center on
Deafness at the Texas School for the Deaf.
(3) "Division" means the Division for Early Childhood
Intervention Services of the Health and Human Services Commission.
(4) "Language acquisition" includes expressive and
receptive language acquisition and literacy development in both
English and American Sign Language.
(5) "Plan" means an individual family service plan or
individualized education program created under the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or
a plan created under Section 504, Rehabilitation Act of 1973 (29
U.S.C. Section 794), for a child who is deaf or hard of hearing.
(6) "Team" means an individualized family service plan
team or individualized education program team established under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a team established under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794), for a child who is deaf or hard
of hearing.
(b) The agency, the division, and the center jointly shall
develop a program as provided by this section to monitor and improve
the language acquisition of children less than eight years of age
who are deaf or hard of hearing.
(c) The commissioner shall establish an advisory committee
on language acquisition for children less than eight years of age
who are deaf or hard of hearing. The advisory committee consists of
13 members, appointed by the commissioner, who must:
(1) for at least seven of the members, be deaf or hard
of hearing;
(2) be fluent in American Sign Language;
(3) possess relevant subject matter expertise and
experience; and
(4) include the following persons:
(A) a parent of a child who is deaf or hard of
hearing and uses both English and American Sign Language;
(B) a parent of a child who is deaf or hard of
hearing and uses only English;
(C) five teachers who teach children who are deaf
or hard of hearing, including:
(i) a teacher who teaches children who use
both English and American Sign Language;
(ii) a teacher at a nonpublic, nonsectarian
school that is accredited by an organization that is recognized by
the Texas Private School Accreditation Commission;
(iii) a teacher whose expertise is in
curriculum and instruction in both English and American Sign
Language;
(iv) a teacher whose expertise is in
curriculum and instruction in English only; and
(v) a teacher whose expertise is in
language assessments for both English and American Sign Language;
(D) an expert who researches language outcomes
for children who are deaf or hard of hearing and use both English
and American Sign Language;
(E) an expert who researches language outcomes
for children who are deaf or hard of hearing and use only English;
(F) an advocate for the teaching and use of both
English and American Sign Language for children who are deaf or hard
of hearing;
(G) an advocate for the teaching and use of
English only for children who are deaf or hard of hearing;
(H) a specialist in early childhood intervention
who works with infants and toddlers who are deaf or hard of hearing
and use both English and American Sign Language; and
(I) a speech-language pathologist who
specializes in spoken English.
(d) A member of the advisory committee is not entitled to
compensation for services provided.
(e) Each year the advisory committee shall elect one of its
members to serve as presiding officer for a term of one year.
(f) The advisory committee shall:
(1) make recommendations to the agency, the division,
and the center regarding:
(A) the English and American Sign Language
assessment instruments to be included in the parent resource
developed under Subsection (g) and the tools or assessments for
educators selected under Subsection (h); and
(B) developments in scientific research on
improving the measurement of progress in the language acquisition
of children less than eight years of age who are deaf or hard of
hearing;
(2) advise the agency and the division on the content
and administration of any assessment instrument adopted by the
agency or the division to assess the language acquisition of
children less than eight years of age who are deaf or hard of
hearing to ensure the appropriate use of that instrument; and
(3) oversee the identification, assessment, and
assistance of children less than eight years of age who are deaf or
hard of hearing and who do not make satisfactory progress in
language acquisition as provided by Subsection (j).
(g) The agency, the division, and the center jointly shall
develop a resource designed for use by parents of children who are
deaf or hard of hearing to monitor and track their children's
language acquisition and developmental stages toward literacy in
both English and American Sign Language. The resource must:
(1) include English and American Sign Language
assessment instruments to assess the language acquisition of
children less than eight years of age who are deaf or hard of
hearing, selected based on the advisory committee's
recommendations under Subsection (f);
(2) be:
(A) appropriate for use, in both content and
administration, with children less than eight years of age who are
deaf or hard of hearing;
(B) written for clarity and ease of use by
parents; and
(C) aligned to:
(i) the agency's existing infant, toddler,
and preschool guidelines;
(ii) state standards in English; and
(iii) the instrument or instruments used to
assess the development of children with disabilities under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794);
(3) present progress in language acquisition in terms
of typical development of all children, by appropriate age range;
(4) make clear that the parent's observations of the
child may differ from assessment data presented at a team meeting;
and
(5) inform the parent that the parent may bring the
resource to a team meeting to share the parent's observations of the
child's development.
(h) The agency, the division, and the center jointly shall
select tools or assessments for use by educators to assess the
language acquisition of children less than eight years of age who
are deaf or hard of hearing. The tools or assessments:
(1) must be:
(A) in a format that details the stages of
language development for learners of English and American Sign
Language;
(B) for use by educators to track the language
acquisition and developmental stages toward English literacy for
children less than eight years of age who are deaf or hard of
hearing;
(C) selected from existing tools or assessments
designed to assess language acquisition for all children less than
eight years of age, by appropriate age range; and
(D) appropriate, in both content and
administration, for use with children less than eight years of age
who are deaf or hard of hearing; and
(2) may:
(A) reflect the recommendations of the advisory
committee under Subsection (f); and
(B) be used in addition to the assessment
required to be conducted by a team established under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794), as applicable, to:
(i) track the development of language
acquisition for children who are deaf or hard of hearing; and
(ii) establish or modify a plan.
(i) The agency and the division shall distribute:
(1) the resource developed under Subsection (g) to
parents and guardians of children less than eight years of age who
are deaf or hard of hearing; and
(2) the tools or assessments selected under Subsection
(h) and materials and training on their use to local education
agencies.
(j) A team established for a child less than eight years of
age who is deaf or hard of hearing must assess the child's language
acquisition not less than once every three months. If the child
does not demonstrate satisfactory progress in both English and
American Sign Language, as measured by a tool or assessment
selected under Subsection (h) or the instrument used to assess the
development of children with disabilities under the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), as
applicable, the child's team shall, as part of the process required
by federal law:
(1) explain in detail to the advisory committee the
reasons why the child is not making satisfactory progress; and
(2) recommend to the advisory committee specific
strategies, services, and programs to be provided to the child to
assist the child's language acquisition.
(k) Not later than July 31 of each year, the agency and the
division jointly shall prepare a report on the language acquisition
of children less than eight years of age who are deaf or hard of
hearing. The report must:
(1) rely on existing data reported in compliance with
federal law regarding children with disabilities;
(2) include information relating to the language
acquisition of children who are deaf or hard of hearing and who also
have other disabilities;
(3) compare progress in English literacy made by
children who are deaf or hard of hearing to progress in that subject
made by children of the same age who are not deaf or hard of hearing,
by appropriate age range; and
(4) be posted on the agency's, the division's, and the
center's respective Internet websites.
(l) The commissioner and the executive commissioner of the
Health and Human Services Commission shall adopt rules as necessary
to implement this section, including rules for implementing this
section in a manner that complies with federal law regarding
confidentiality of student medical or educational information,
including the Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any
state law relating to the privacy of student information.
SECTION 3. (a) In this section:
(1) "Advisory committee" means the advisory committee
established under Section 29.316(c), Education Code, as added by
this Act.
(2) "Agency" means the Texas Education Agency.
(3) "Center" means the Educational Resource Center on
Deafness at the Texas School for the Deaf.
(4) "Division" means the Division for Early Childhood
Intervention Services of the Health and Human Services Commission.
(b) As soon as practicable after the effective date of this
Act, the commissioner of education shall appoint the members of the
advisory committee.
(c) Not later than January 1, 2018, the agency and the
division jointly shall provide to the advisory committee a list of
existing English and American Sign Language assessment instruments
that meet the requirements under Section 29.316(g)(2)(C),
Education Code, as added by this Act, and any relevant information
possessed by the agency or the division regarding those assessment
instruments.
(d) Not later than April 1, 2018, the advisory committee
shall make its initial recommendations to the agency and the
division regarding the English and American Sign Language
assessment instruments to be included in the parent resource
developed under Section 29.316(g), Education Code, as added by this
Act.
(e) Not later than April 30, 2018, the agency and the
division jointly shall select one or more English and American Sign
Language assessment instruments to be included in the parent
resource developed under Section 29.316(g), Education Code, as
added by this Act, and inform the advisory committee of the
instrument or instruments selected.
(f) As soon as practicable after the selection of one or
more assessment instruments under Subsection (e) of this section:
(1) the agency, the division, and the center jointly
shall develop the parent resource under Section 29.316(g),
Education Code, as added by this Act, and the tools or assessments
for educators under Section 29.316(h), Education Code, as added by
this Act; and
(2) the agency and the division shall distribute the
parent resource and the tools or assessments for educators as
provided by Section 29.316(i), Education Code, as added by this
Act.
(g) Not later than July 1, 2018, the agency and the division
jointly shall prepare the initial report required under Section
29.316(k), Education Code, as added by this Act, and ensure the
report is posted as required by that subsection.
SECTION 4. This Act takes effect September 1, 2017.