HB4091 103RD GENERAL ASSEMBLY

LRB103 32280 RJT 61559 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4091

Introduced 5/16/2023, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Language Equality Acquisition for the Deaf, Hard of Hearing, and Deaf-Blind Children Act. Provides that the State Board of Education, in cooperation with the Deaf and Hard of Hearing Commission and the Department of Human Services, shall establish a language assessment program for deaf, hard of hearing, and deaf-blind children, and select language developmental milestones. Sets forth provisions concerning the scope and purpose of the program and the development of a resource for use by parents and guardians. Provides that the State Board, in cooperation with the Deaf and Hard of Hearing Commission and the Department of Human Services, shall select tools or assessments for educators that can be used to assess the language and literacy development of all deaf, hard of hearing, and deaf-blind children. Sets forth provisions concerning the tools or assessments. Provides that beginning on July 1, 2024, a language assessment shall be given to each child who is deaf, hard of hearing, or deaf-blind and who is less than 6 years of age. Sets forth provisions concerning the assessment. Provides that an advisory committee on language assessment programs shall be established by the State Board, the Deaf and Hard of Hearing Commission, and the Department of Human Services. Sets forth the membership and duties of the advisory committee. Provides that on or before July 1, 2024, the State Board, the Deaf and Hard of Hearing Commission, and the Department of Human Services shall publish a joint action plan and may propose legislation and rules necessary to implement the recommendations of the advisory committee. Sets forth provisions concerning reporting and rulemaking. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

Section 5. Findings and intent.

(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 assessment program with language milestones to assist parents, guardians, and educators in determining the language needs and goals of deaf, hard of hearing, and deaf-blind children.

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

(3) Augment access to American Sign Language and English, both of which have been established to be essential in the development of cognition, communication, and language development of deaf, hard of hearing, and deaf-blind infants and toddlers, and enhancing preschool and kindergarten readiness.

(4) Maximize educational costs by ensuring deaf, hard of hearing, and deaf-blind children have the language foundation to access the curriculum and resources in the educational setting.

(5) Enhance deaf, hard of hearing, and deaf-blind children's independence, 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 supports.

(b) The General Assembly declares that the goal of this State is for deaf, hard of hearing, and deaf-blind 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 language with its own grammar and syntax that is used by a deaf individual as the native language of the deaf community.

"English" means a method of human communication, either spoken or written, consisting of the use of English words in a structured and conventional way, including spoken English, written English, 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.

"Language developmental milestones" means milestones of development aligning with the State instruments used to meet the requirements of federal law for assessment of children from birth to 5 years of age.

"Kindergarten readiness" means being ready linguistically for kindergarten.

Section 15. Language assessment program.

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

(b) The State Board of Education, in cooperation with the Deaf and Hard of Hearing Commission and the Department of Human Services, shall establish a language assessment program for deaf, hard of hearing, and deaf-blind children and select language developmental milestones from standardized norms. The scope of the program shall include language developmental milestones in American Sign Language, English, or both languages. The purpose of the program is to assess, monitor, and track the language developmental milestones of all children who are deaf, hard of hearing, and deaf-blind and develop a resource for use by parents and guardians to monitor and track deaf, hard of hearing, and deaf-blind 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 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 deaf-blind children from birth to 5 years of age who use American Sign Language, English, or both languages.

(3) Present the developmental milestones in terms of typical language development of all children, by age range.

(4) Be written for clarity and ease of use by parents and guardians.

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

(6) Make clear that parents and guardians have the right to select which language, ASL, English, or both, shall be used for a child's language acquisition and developmental milestones.

(7) Provide that parents and guardians may bring the resource to an individualized family service plan (IFSP) or individualized education program (IEP) meeting for purposes of sharing a parent's or guardian's observations about a child's development.

(8) Make clear that the resource is not a formal assessment of language and literacy development and that a parent's or guardian's observations of a child may differ from formal assessment data presented at an IFSP, IEP, or federal Section 504 plan meeting.

(9) Make clear that a parent or guardian may bring the resource to an IFSP, IEP, or federal Section 504 plan meeting for purposes of sharing the parent's or guardian's observations about a child's development.

(10) Make clear that resources provided to parents and guardians include fair, balanced, and comprehensive information about ASL, English, and other communication modes, as well as available services and programs.

(d) The State Board of Education, in cooperation with the Deaf and Hard of Hearing Commission and the Department of Human Services, shall select tools or assessments for educators that can be used to assess the language and literacy development of all deaf, hard of hearing, and deaf-blind children. These educator tools or assessments shall do all of the following:

(1) Be in a format that shows stages of language development.

(2) Be selected for use by educators to track the development of deaf, hard of hearing, and deaf-blind children's expressive and receptive language acquisition and developmental stages toward literacy.

(3) Be selected from a list of instruments 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 deaf-blind children. The educator tools or assessments may be used, in addition to the assessment required by federal law, by a child's IFSP or IEP, as applicable, to track a deaf, hard of hearing, or deaf-blind child's progress and to establish or modify an IFSP or IEP. Children with federal Section 504 plans shall be assessed to ensure appropriate services are provided. The educator tools or assessments may reflect the recommendations of the advisory committee established pursuant to subsection (g).

(e) The State Board of Education, in cooperation with the Deaf and Hard of Hearing Commission and the Department of Human Services, shall disseminate the resource developed under subsection (b) to parents and guardians of deaf, hard of hearing, and deaf-blind children and, pursuant to federal law, shall disseminate the educator tools and assessments selected under subsection (d) to local educational agencies for use in the development and modification of IEP and IFSP plans, and shall provide materials and training on the resources used to assist deaf, hard of hearing, or deaf-blind children in becoming linguistically ready for kindergarten.

(f) Beginning on July 1, 2024, a language assessment shall be given to each child who is deaf, hard of hearing, or deaf-blind and who is less than 6 years of age. The language assessment shall be provided either through an early intervention service or, if the child is 3 years of age or older, through the school district in which the child is enrolled. Language assessments shall be provided in accordance with the provisions of this Section and any rules adopted pursuant to this Act.

Deaf, hard of hearing, and deaf-blind children shall be identified by the time a child turns one month old, be referred to early intervention services by the time a child turns 3 months old, and receive early intervention services by the time the child turns 6 months old. If a deaf, hard of hearing, or deaf-blind child is referred to early intervention services, formal assessments shall be implemented.

If a deaf, hard of hearing, or deaf-blind child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subsection (d), the child's IFSP, IEP, or federal Section 504 plan team shall be responsible for explaining in detail the reasons why the child is not meeting the language developmental milestones or progressing toward them and 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, or both languages. A follow-up meeting shall be scheduled within 30 to 60 days to determine the effects of the recommendations.

(g) An advisory committee on language assessment programs shall be established by the State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services. The advisory committee shall consist of the members listed in this subsection (g), the majority of whom shall be deaf or hard of hearing and have fluency in American Sign Language. The advisory committee shall be composed of advocates and professionals, all of whom shall be within the field of education for the deaf, hard of hearing, or deaf-blind, and parents or guardians of deaf, hard of hearing, and deaf-blind children. The advisory committee shall have a balance of members who personally, professionally, or parentally use ASL and the English language and members who personally, professionally, or parentally use only spoken English. The advisory committee shall consist of all of the following members, each appointed by the State Board of Education:

(1) One parent or guardian of a child who is deaf or hard of hearing and who uses ASL and the English language.

(2) One parent or guardian of a child who is deaf or hard of hearing and who uses only spoken English, with or without visual supplements.

(3) One credentialed teacher of deaf and hard of hearing pupils who uses ASL and the English language.

(4) One credentialed teacher of deaf and hard of hearing pupils from a spoken English-only school.

(6) One credentialed teacher or an expert on language assessment and outcomes for deaf and hard of hearing children using ASL and the English language.

(7) One credentialed teacher or an expert on language assessment and outcomes for deaf and hard of hearing children using spoken English, with or without visual supplements.

(8) One credentialed teacher of deaf and hard of hearing pupils whose expertise is in curriculum and instruction in ASL and English.

(9) One credentialed teacher of deaf and hard of hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements.

(10) One early intervention specialist who works with deaf and hard of hearing infants and toddlers using ASL and the English language.

(11) One speech pathologist who works with deaf or hard of hearing infants and toddlers.

(12) One deaf-blind person who represents the deaf-blind community.

(13) One deaf-blind specialist or deaf-blind educator whose expertise is in deaf-blind advocacy or education.

(14) One statewide coordinator for deaf and hard of hearing services from the Department of Human Services.

The State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services shall call an organizational meeting of the advisory committee on or before July 1, 2023. At the organizational meeting, the members shall elect a chairperson and vice chairperson from among the membership of the advisory committee. The advisory committee may meet at any time and at any place within this State at the call of the chairperson.

Members of the advisory committee shall serve without compensation or travel reimbursement.

A quorum of the advisory committee shall be 9 members. All actions of the advisory committee shall be by motion adopted by a majority of those members present when there is a quorum.

Any vacancy in the committee shall be filled in accordance with this subsection (g).

The State Board of Education shall provide the advisory committee with administrative support, including a list of language developmental milestones from standardized norms, along with any relevant information held regarding those language developmental milestones for possible inclusion in the resource developed under subsection (b). Language developmental milestones shall be aligned with this State's infant, toddler, and preschool guidelines and the instrument used to assess the development of children with disabilities pursuant to federal law and State standards in English language arts.

(h) On or before June 1, 2024, the advisory committee shall develop specific action plans and propose rules necessary to fully implement the language assessment program. The committee shall do the following:

(1) Solicit input from experts on the selection of language developmental milestones for American Sign Language and English.

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

(3) Identify criteria for qualified ASL and English experts who can be advocates at initial and periodic IFSP or IEP team meetings, including role models of deaf and hard of hearing professionals in similar fields.

(4) Identify criteria for qualified language assessment evaluators and resources for locating evaluators.

(5) Identify methods for communicating language assessment results, milestones, assessment tools, and the progress of a child to the parent or guardian the child, teachers, and other professionals involved in the early intervention and education of the child.

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

(1) Language assessments that include data collection and timely tracking of a child's development to provide information about the child's receptive and expressive language compared to the child's linguistically age-appropriate peers who are not deaf, hard of hearing, or deaf-blind.

(2) Language assessments conducted in accordance with standardized norms and timelines to monitor and track language developmental milestones in both receptive and expressive language acquisition and developmental stages toward English literacy for all children who are deaf or hard of hearing from birth to 5 years of age.

(3) Language assessments delivered in ASL and English that have been validated for the specific purposes for which each assessment is used and appropriately normed.

(4) Language assessments administered by individuals who are proficient and have expertise in the language developmental stages of ASL and English in any of the following:

(A) ASL.

(B) Both ASL and English.

(C) English, with or without visual supplements.

(D) Reading developmental stages.

(5) The use of assessment results for guidance on the language developmental discussions by IFSP and IEP teams when assessing the progress of a child's language development in ASL, English, or both languages.

(6) The reporting of assessment results to the parent or guardian of a child and, on an aggregated basis, to the State Board of Education and the Department of Human Services for publication to ensure accountability and provide information on how the education of children who are deaf, hard of hearing, or deaf-blind can be improved.

(7) The reporting of assessment results to the members of a child's IFSP or IEP team, as appropriate, to assist the team in ensuring that appropriate language growth remains a priority and continues to be monitored by the team.

(j) On or before July 1, 2024 and each July 1 thereafter, the State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services shall annually produce a report, using data reported in compliance with the federally required State performance plan on pupils with disabilities, specific to the language and literacy development of deaf, hard of hearing, or deaf-blind children from birth to 5 years of age, including those who are deaf, hard of hearing, or deaf-blind and have other disabilities, relative to such children's peers who are not deaf, hard of hearing, or deaf-blind. The State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services shall make this report available on each agency's Internet website.

(k) All activities of the State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services 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.

Section 20. Joint action plan on deaf, hard of hearing, and deaf-blind children. On or before July 1, 2024, the State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services 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 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 deaf-blind infants and toddlers from birth to 3 years of age.

(2) The development of a toolkit and training for parents and guardians about State resources available to deaf, hard of hearing, and deaf-blind infants, toddlers, and children of school age. The toolkit and training shall include evidence-based information on language development and American Sign Language.

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

(4) Recommendations for training and educating physicians and other healthcare providers on how to connect deaf, hard of hearing, and deaf-blind children and their parents or guardians to resources and support. The recommendations shall provide resources but may not discuss language options.

Section 25. Reporting. On or before July 1, 2024, the State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services shall jointly publish data on the incidence of hearing loss and any available information on the language and literacy development of children from birth to 5 years in this State. The State Board of Education shall report from data sources the number and scope of individualized education programs written for students ages 3 to 5 years who are enrolled in public preschool programs and who are deaf, hard of hearing, or deaf-blind and the number of individualized education programs for students in kindergarten and first grade who are deaf, hard of hearing, or deaf-blind. The State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services 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 90. Rulemaking. The State Board of Education, the Deaf and Hard of Hearing Commission, and the Department of Human Services may adopt any rules necessary to implement this Act.

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