HB1783ham001 104TH GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 3/17/2026

10400HB1783ham001 LRB104 09258 LNS 34959 a

AMENDMENT TO HOUSE BILL 1783

AMENDMENT NO. ______. Amend House Bill 1783 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Language Equality Acquisition for Deaf, Hard of Hearing, and DeafBlind Children Act.

Section 5. Findings and goal.

(a) The General Assembly finds that there is an urgent and substantial need to do all of the following:

(1) Develop a State-recognized, language needs and monitoring program for deaf, hard of hearing, and DeafBlind infants, toddlers, and children with language milestones to assist parents, guardians, and educators in determining the language and communication needs and goals of deaf, hard of hearing, and DeafBlind infants, toddlers, and children.

(2) End language deprivation in children who are deaf, hard of hearing, and DeafBlind through proper assessment, monitoring, and tracking of developmental language and communication milestones.

(3) Provide access to language such as, but not limited to, American Sign Language, English, the primary language spoken in a child's home, and Protactile, all of which have been established to be essential in the development of cognition, communication, literacy, and language in deaf, hard of hearing, and DeafBlind infants, toddlers, and children and in enhancing preschool and kindergarten readiness.

(4) Maximize the resources associated with early intervention services by ensuring that parents and guardians of deaf, hard of hearing, and DeafBlind infants, toddlers, and children have access to the resources to support language and communication foundation needs and to the curriculum and resources in all intervention and educational settings.

(5) Enhance deaf, hard of hearing, and DeafBlind children's independence, linguistic proficiency, productivity, and socialization with peers, families, and the community, as well as maximize the potential for these children to lead quality lives, have adult independence, receive postsecondary education, obtain gainful employment, and build a network of critical relationships and support.

(b) The General Assembly declares that the goal of this State is for deaf, hard of hearing, and DeafBlind children to enter public and nonpublic schools in this State prepared for learning, able to communicate with peers and staff, and having access to resources to help these children succeed.

Section 10. Definitions. As used in this Act:

"American Sign Language" or "ASL" means a complete, visual, and manual sign language with its own grammar and syntax that is used by deaf or hard of hearing individuals and that is the native language of the deaf community in the United States and Canada.

"Communication" means the process of exchanging information between individuals or groups that involves the transmission of ideas, feelings, or facts from one person to another, that can be verbal or nonverbal, and that plays a crucial role in human interaction as it is how humans connect and understand each other.

"DeafBlind" means concomitant hearing and vision impairments, the combination of which causes significant communication, developmental, or educational needs that cannot be accommodated solely by accommodations for infants, toddlers and children with deafness, low vision, or vision blindness.

"English" means a method of human communication consisting of the use of English words in a structured and conventional way, including spoken English, written English, or English with or without the use of visual or tactile supplements or dual language services.

"English literacy" means the ability to read and write in English.

"IEP" means an individualized education program.

"IFSP" means an individualized family service plan.

"Kindergarten readiness" means language, communication, early reading and mathematics literacy, and social skills development for each language spoken in a child's home that is consistent with age-related peers by kindergarten.

"Language" means the age-appropriate development of human communication, whether spoken, written, or signed, consisting of the use of words and signs in a structured and conventional way.

"Language developmental milestones" means milestones of development that are measured by validated instruments used to meet the requirements of federal law for the assessment of children from birth to 5 years of age.

"Low vision" or "vision blindness" means a sensory impairment in vision that, even after correction, adversely affects a child's development and educational performance.

"Protactile" means a method of human communication consisting of touch-based interactions for the purpose of communication for individuals who are DeafBlind that has its own grammar and syntax, that allows for individuals to connect with the world around them, and that fosters greater independence for those with multisensory impairments.

Section 15. Language needs and monitoring program.

(a) This Section applies only to children from birth to 5 years of age and is subject to appropriation.

(b) The Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall establish a language needs and monitoring program for deaf, hard of hearing, and DeafBlind infants, toddlers, and children. The scope of the program shall include language and communication developmental milestones in American Sign Language, English, the primary language spoken in a child's home, Protactile, or more than one of such languages. The purpose of the program is to assess, monitor, and track the language and communication developmental milestones of all infants, toddlers, and children who are deaf, hard of hearing, and DeafBlind and develop a resource for use by parents and guardians to monitor and support deaf, hard of hearing, and DeafBlind infants', toddlers', and children's expressive and receptive language acquisition and developmental stages toward English literacy and kindergarten readiness.

(c) The resource developed under subsection (b) shall do all of the following:

(1) Include the language and communication developmental milestones selected by the advisory committee established pursuant to subsection (g).

(2) Be appropriate for use, in both content and administration, with deaf, hard of hearing, and DeafBlind children from birth to 5 years of age who use American Sign Language, English, the primary language spoken in a child's home, Protactile, or more than one of such languages.

(3) Include and present evidence-based, developmental milestones in language and communication for typically developing children, by age range.

(4) Be written for clarity and ease of use by parents, guardians, health care professionals, interventionists, and educators.

(5) Be aligned to any State guidelines on early intervention, identification, diagnosis, and early childhood education pursuant to federal law and to State standards in English language arts.

(6) Inform parents and guardians of their right to choose their preferred language that will be used to communicate and provide a language-rich learning environment for a parent's or guardian's infant, toddler, or child, whether the preferred language is English, ASL, the primary language spoken in the child's home, Protactile, or another language.

(7) Inform parents and guardians that they may bring the resource to an IFSP, IEP, or federal Section 504 plan meeting for purposes of supporting their choices and observations regarding their infant's, toddler's, or child's language and communication development. The resource shall include evidence-based, comprehensive information about ASL, English, the primary language spoken in a child's home, Protactile, or more than one of such languages, as well as available services and programs.

(8) Make clear that the resource is a checklist of developmental milestones that has been created from evidence-based resources and completed by a parent or guardian and relevant professionals together, that the resource may have similarities and differences from the standardized testing presented at an IFSP, IEP, or federal Section 504 plan meeting, and that the parent or guardian should be aware that a school district is not required to use Language Equality and Acquisition for Deaf Kids (LEAD-K) milestones or assessments specific to LEAD-K for the purpose of developing an IEP or federal Section 504 plan.

(d) The Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall work with subject matter experts from the advisory committee established pursuant to subsection (g) to select from the current lists of validated tools or assessments for interventionists and educators what tools or assessments are to be used in the assessment of language, communication, and pre-literacy development for all deaf, hard of hearing, and DeafBlind infants, toddlers, and children. The tools or assessments shall do all of the following:

(1) Be in a format that shows language and communication developmental milestones.

(2) Be selected for use by the advisory committee to track the development of deaf, hard of hearing, and DeafBlind infants', toddlers', and children's expressive and receptive language acquisition and developmental milestones toward literacy.

(3) Be selected from a list of tools or assessments used to assess the development of all children from birth to 5 years of age.

(4) Be appropriate, in both content and administration, for use with deaf, hard of hearing, and DeafBlind infants, toddlers, and children.

The tools or assessments may be used, in addition to the assessments required by federal law, by a child's IFSP or IEP, as applicable, to track a deaf, hard of hearing, or DeafBlind infant's, toddler's, or child's progress and to establish or modify an IFSP or IEP. A child with a federal Section 504 plan shall be assessed to ensure appropriate services are provided. The educator tools or assessments may reflect the recommendations of the advisory committee.

(e) The Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall disseminate the resource developed under subsection (b) to the parents and guardians of deaf, hard of hearing, and DeafBlind infants, toddlers, and children and, pursuant to federal law, the Department of Human Services, the Department of Early Childhood, the State Board of Education, and the Department of Public Health shall disseminate the tools and assessments selected under subsection (d) to local educational agencies for use in the development and modification of IEP, IFSP, and federal Section 504 plans.

The applicable State agencies shall provide parents and guardians with materials and training on the tools, assessments, and resources for deaf, hard of hearing, and DeafBlind infants, toddlers, and children.

(f) Beginning on July 1, 2027, language assessments shall be given to each child who is deaf, hard of hearing, or DeafBlind until the child is 5 years of age. The language assessments shall be administered by a credentialed or licensed early interventionist, educator, speech-language pathologist, or other professional in conjunction with the child's parent or guardian. The assessments shall be provided in accordance with this Section and any rules adopted pursuant to this Act.

A deaf, hard of hearing, or DeafBlind child shall be identified by the time the child turns one month old, be referred to early intervention services by the time the child turns 3 months old, and receive early intervention services by the time the child turns 6 months old, unless medically contraindicated.

Deaf, hard of hearing, and DeafBlind infants, toddlers, and children who are not newborns and who have late onset hearing loss shall be diagnosed not later than 3 months after any suspected hearing loss and shall be immediately referred to early intervention services after diagnosis.

If a deaf, hard of hearing, or DeafBlind child is referred to early intervention services, formal assessments shall be implemented by a developmental therapist with an EI Specialist: Developmental Therapist/Hearing credential or a provider with discipline-specific credentials upon the child entering an early intervention program and at yearly intervals. Developmental therapists with an EI Specialist: Developmental Therapist/Hearing credential and providers with discipline-specific credentials shall refer, as appropriate, children whose primary language is ASL or Protactile to others to ensure assessments of those children are completed by individuals with the ability to accurately conduct such assessments.

Deaf, hard of hearing, and DeafBlind children entering school with an IEP or federal Section 504 plan shall receive a formal assessment implemented by a licensed teacher of the deaf or a discipline-specific licensed teacher. Licensed teachers of the deaf or discipline-specific licensed teachers shall refer, as appropriate, children whose primary language is ASL or Protactile to others to ensure assessments of those children are completed by individuals with the ability to accurately conduct such assessments.

The advisory committee established pursuant to subsection (g) shall list the criteria used to identify individuals who are qualified to conduct accurate ASL or Protactile assessments in the resource developed under subsection (b).

If a deaf, hard of hearing, or DeafBlind child does not demonstrate progress in expressive and receptive language skills, the child's IFSP, IEP, or federal Section 504 plan team shall be responsible for identifying areas that are not meeting the language developmental milestones or progressing toward them. Data collected on children with disabilities in addition to hearing loss, children that are non-native English speakers, and children with unilateral or bilateral hearing loss should be extrapolated and analyzed independently to ensure that data efficacy is not compromised. The IFSP, IEP, or federal Section 504 plan team, including the child's parent or guardian, shall recommend and implement specific strategies, services, and programs that shall be provided to assist the child's success toward learning American Sign Language, English, the primary language spoken in the child's home, Protactile, or more than one of such languages. A follow-up meeting shall be scheduled within 30 to 60 days after the recommendations are made to determine the effects of the recommendations.

(g) An advisory committee on language assessment programs shall be established.

The advisory committee shall consist of all of the following voting members, each appointed by the Secretary of Human Services, in consultation with the Illinois School for the Deaf and the Illinois School for the Visually Impaired:

(1) One parent or guardian of a child who is no more than 18 years of age, who is deaf, hard of hearing, or DeafBlind, and who uses ASL and the English language.

(2) One parent or guardian of a child who is no more than 18 years of age, who is deaf, hard of hearing, or DeafBlind, and who primarily uses spoken English, without visual supplements.

(3) One expert on language outcomes for deaf and hard of hearing children using ASL and the English language.

(4) One licensed teacher of deaf and hard of hearing pupils from a spoken English-only school or one expert on language outcomes for deaf and hard of hearing children using spoken English, with or without visual supplements.

(5) One licensed teacher of deaf and hard of hearing pupils whose expertise is in curriculum and instruction in ASL and English, with or without visual supplements, or one licensed teacher of deaf and hard of hearing pupils whose expertise is in ASL and English language assessment, with or without visual supplements.

(6) A psychologist with expertise in assessing deaf and hard of hearing children who use or are fluent in ASL and English.

(7) One developmental therapist with an EI Specialist: Developmental Therapist/Hearing credential who works with deaf and hard of hearing infants and toddlers using ASL and the English language.

(8) One licensed speech-language pathologist who has expertise in working with infants, toddlers, and children who uses Listening and Spoken Language methodologies.

(9) One licensed speech-language pathologist who has expertise in working with infants, toddlers, and children who use ASL.

(10) One deaf person who represents the deaf community.

(11) One DeafBlind specialist or DeafBlind educator whose expertise is in DeafBlind advocacy or education.

(12) One licensed teacher of deaf and hard of hearing pupils who also has significant experience in working with deaf, hard of hearing, or DeafBlind students with other educational disabilities who are no more than 5 years of age.

(13) One licensed pediatric audiologist with working knowledge of ASL and English.

The advisory committee shall also consist of the following nonvoting members, who shall provide administrative and other support to the advisory committee:

(A) The State Superintendent of Education or his or her designee.

(B) The Director of the Deaf and Hard of Hearing Commission or his or her designee.

(C) The Secretary of Early Childhood or his or her designee.

(D) The Director of Public Health or his or her designee.

(E) The Superintendent of the Illinois School for the Deaf or his or her designee.

(F) The Secretary of Human Services or his or her designee.

The Department of Human Services shall call an organizational meeting of the advisory committee within 60 days after the effective date of this Act. At the organizational meeting, the members of the advisory committee shall elect a chairperson from among the membership of the advisory committee. The advisory committee may meet at any time in person or via webinar within this State at the call of the chairperson.

Members of the advisory committee shall serve without compensation or travel reimbursement. Communication access accommodations, such as interpreters and captioning, must be provided at all meetings to ensure full participation.

A quorum of the advisory committee shall consist of a two-thirds majority of the members appointed to the advisory committee. All actions and recommendations of the advisory committee must be approved by a vote of the appointed members.

Any vacancy in the advisory committee shall be filled in the same manner as the original appointment.

The Department of Human Services, under the direction of the Illinois School for the Deaf and the Illinois School for the Visually Impaired, shall provide the advisory committee with administrative support.

(h) Language developmental milestones selected by the advisory committee shall be aligned with this State's infant, toddler, preschool, and school-age guidelines, as well as federal laws and State standards in English language arts and related programs.

(i) On or before December 1, 2027, the advisory committee shall develop specific action plans, timelines, and anticipated costs and propose recommendations for rules that are necessary to fully implement language and communication tools, assessments, and resources.

The advisory committee may do all of the following:

(1) Solicit input from experts on the selection of language and communication developmental milestones related to the resources, tools, and assessments.

(2) Review, select, and monitor the use of language and communication assessments for infants, toddlers, and children who are deaf, hard of hearing, and DeafBlind.

(3) Identify criteria for qualified ASL and English experts who can support initial and periodic IFSP, IEP, or federal Section 504 plan team meetings.

(4) Identify methods for documenting, monitoring, and submitting to all applicable State agencies child-specific information on language and communication assessment results, milestones, assessment tools, and the progress of a child.

Child-specific periodic assessment results and longitudinal progress information shall be made available to each applicable State agency, the parent or guardian of a child, teachers, and other professionals involved in the early intervention and education of a child.

(j) The specific action plans and rule recommendations developed by the advisory committee shall include, but are not limited to, all of the following:

(1) Language and communication assessments, including child-specific data collection and timely tracking through a statewide data system, of a child's development to provide information about the child's receptive and expressive language acquisition compared to the child's typically developing, age-related peers who are not deaf, hard of hearing, or DeafBlind.

(2) Language and communication assessments conducted in accordance with standardized procedures and timelines to monitor and track milestones in both receptive and expressive language acquisition based on developmental milestones toward kindergarten readiness for all children who are deaf, hard of hearing, or DeafBlind from birth to 5 years of age.

(3) Language assessments delivered in ASL, English, or the primary language spoken in a child's home that have been validated for the specific purposes for which each assessment is used and appropriately normed.

(4) The reporting of assessment results to the parent or guardian of a child and to the Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, to ensure accountability and provide information on how the education of infants, toddlers, and children who are deaf, hard of hearing, or DeafBlind can be improved. The Department of Human Services shall publish annual reports related to this Act.

(5) The reporting of assessment results to a child's IFSP, IEP, or federal Section 504 plan team, annually, to assist the team in ensuring that appropriate language development remains a priority and continues to be monitored by the team.

Assessment results can be used to guide IFSP, IEP, and federal Section 504 plan teams for the purpose of reviewing the progress of a child's language and communication development.

Language assessments shall be administered by individuals who are proficient and have expertise in the language developmental stages of ASL, English, or the primary language spoken in a child's home.

(k) All activities in implementing this Section shall be consistent with federal and State law regarding the education of children with disabilities and the privacy of pupil information.

(l) This Section is repealed on January 1, 2028.

Section 20. Joint action plan. On or before July 1, 2028, the Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall publish a joint action plan and may propose legislation and rules necessary to implement the recommendations of the advisory committee established under Section 15. The joint action plan and proposed legislation and rules may include all of the following:

(1) Recommendations on evidence-based and research-supported tools to help identify deaf, hard of hearing, and DeafBlind children from birth to 5 years of age.

(2) The development of resources and training for parents, guardians, health care providers, interventionists, and educators about State resources available to deaf, hard of hearing, and DeafBlind infants, toddlers, and children of school age. The resources and training shall include evidence-based information on language and communication development for English and American Sign Language.

(3) Strategies and suggestions on ways to connect deaf, hard of hearing, and DeafBlind adults with families supporting children in need of support.

(4) Recommendations for training and educating physicians and other health care providers on how to connect deaf, hard of hearing, and DeafBlind children and their parents or guardians to resources and support.

Section 25. Reporting. On or before July 1, 2029, the Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, and the Department of Public Health, shall jointly publish aggregate, de-identified data on the number of children from birth to 3 years of age in this State who have been diagnosed as deaf, hard of hearing, or DeafBlind. The Department of Human Services shall publish de-identified, aggregate data on the number and scope of individualized education programs written for students from 3 to 5 years of age who are enrolled in public preschool programs and who are deaf, hard of hearing, and DeafBlind and the number and scope of individualized education programs for students in kindergarten and first grade who are deaf, hard of hearing, and DeafBlind. The Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, and the Department of Public Health, may add additional data reporting recommendations. The data must be shared within the requirements of the federal Family Educational Rights and Privacy Act of 1974, the Illinois School Student Records Act, and the Personal Information Protection Act.

Section 30. Information sharing.

(a) For the purposes of documentation and coordination of medical care, intervention, or educational services, each applicable State agency may share screening, diagnosis, intervention, education, assessment, and monitoring information with other State agencies and a child's parent or guardian.

(b) If providing services to a newborn, infant, or child, a medical care facility, health care provider, early interventionist, local health department, or the University of Illinois at Chicago Division of Specialized Care for Children may submit information or reports to an applicable State agency about the screening, diagnosis, intervention, education, assessment, or follow-up services of the newborn, infant, or child. Submission shall be done within 7 days after the date of service or an inquiry from the State agency. Reports shall be in a format determined by the State agency.

(c) The Department of Human Services, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, may exchange child-specific data for children who are deaf, hard of hearing, and DeafBlind for the purpose of tracking, monitoring, and quality assurance.

(d) Except in cases of willful or wanton misconduct, no person or entity acting in compliance with this Section is civilly or criminally liable for any act performed in compliance with this Section, including furnishing any required information under this Section.

Section 40. Rulemaking. The Department of Human Services, in cooperation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, may adopt any rules necessary to implement this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".