HB4091 103RD GENERAL ASSEMBLY

  
  

 


 
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.


LRB103 32280 RJT 61559 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4091LRB103 32280 RJT 61559 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Language Equality Acquisition for Deaf, Hard of Hearing, and
6Deaf-Blind Children Act.
 
7    Section 5. Findings and intent.
8    (a) The General Assembly finds that there is an urgent and
9substantial need to do all of the following:
10        (1) Develop a State-recognized language assessment
11    program with language milestones to assist parents,
12    guardians, and educators in determining the language needs
13    and goals of deaf, hard of hearing, and deaf-blind
14    children.
15        (2) End language deprivation in children who are deaf,
16    hard of hearing, and deaf-blind through proper assessment,
17    monitoring, and tracking of developmental language and
18    communication milestones.
19        (3) Augment access to American Sign Language and
20    English, both of which have been established to be
21    essential in the development of cognition, communication,
22    and language development of deaf, hard of hearing, and
23    deaf-blind infants and toddlers, and enhancing preschool

 

 

HB4091- 2 -LRB103 32280 RJT 61559 b

1    and kindergarten readiness.
2        (4) Maximize educational costs by ensuring deaf, hard
3    of hearing, and deaf-blind children have the language
4    foundation to access the curriculum and resources in the
5    educational setting.
6        (5) Enhance deaf, hard of hearing, and deaf-blind
7    children's independence, productivity, and socialization
8    with peers, families, and the community, as well as
9    maximize the potential for these children to lead quality
10    lives, have adult independence, receive postsecondary
11    education, obtain gainful employment, and build a network
12    of critical relationships and supports.
13    (b) The General Assembly declares that the goal of this
14State is for deaf, hard of hearing, and deaf-blind children to
15enter public and nonpublic schools in this State prepared for
16learning, able to communicate with peers and staff, and having
17access to resources to help these children succeed.
 
18    Section 10. Definitions. As used in this Act:
19    "American Sign Language" or "ASL" means a complete,
20visual, and manual language with its own grammar and syntax
21that is used by a deaf individual as the native language of the
22deaf community.
23    "English" means a method of human communication, either
24spoken or written, consisting of the use of English words in a
25structured and conventional way, including spoken English,

 

 

HB4091- 3 -LRB103 32280 RJT 61559 b

1written English, English with or without the use of visual or
2tactile supplements or dual language services.
3    "English literacy" means the ability to read and write in
4English.
5    "Language developmental milestones" means milestones of
6development aligning with the State instruments used to meet
7the requirements of federal law for assessment of children
8from birth to 5 years of age.
9    "Kindergarten readiness" means being ready linguistically
10for kindergarten.
 
11    Section 15. Language assessment program.
12    (a) This Section applies only to children from birth to 5
13years of age and is subject to appropriation.
14    (b) The State Board of Education, in cooperation with the
15Deaf and Hard of Hearing Commission and the Department of
16Human Services, shall establish a language assessment program
17for deaf, hard of hearing, and deaf-blind children and select
18language developmental milestones from standardized norms. The
19scope of the program shall include language developmental
20milestones in American Sign Language, English, or both
21languages. The purpose of the program is to assess, monitor,
22and track the language developmental milestones of all
23children who are deaf, hard of hearing, and deaf-blind and
24develop a resource for use by parents and guardians to monitor
25and track deaf, hard of hearing, and deaf-blind children's

 

 

HB4091- 4 -LRB103 32280 RJT 61559 b

1expressive and receptive language acquisition and
2developmental stages toward English literacy and kindergarten
3readiness.
4    (c) The resource developed under subsection (b) shall do
5all of the following:
6        (1) Include the language developmental milestones
7    selected by the advisory committee established pursuant to
8    subsection (g).
9        (2) Be appropriate for use, in both content and
10    administration, with deaf, hard of hearing, and deaf-blind
11    children from birth to 5 years of age who use American Sign
12    Language, English, or both languages.
13        (3) Present the developmental milestones in terms of
14    typical language development of all children, by age
15    range.
16        (4) Be written for clarity and ease of use by parents
17    and guardians.
18        (5) Be aligned to any State guidelines on early
19    intervention, early childhood education pursuant to
20    federal law, and State standards in English language arts.
21        (6) Make clear that parents and guardians have the
22    right to select which language, ASL, English, or both,
23    shall be used for a child's language acquisition and
24    developmental milestones.
25        (7) Provide that parents and guardians may bring the
26    resource to an individualized family service plan (IFSP)

 

 

HB4091- 5 -LRB103 32280 RJT 61559 b

1    or individualized education program (IEP) meeting for
2    purposes of sharing a parent's or guardian's observations
3    about a child's development.
4        (8) Make clear that the resource is not a formal
5    assessment of language and literacy development and that a
6    parent's or guardian's observations of a child may differ
7    from formal assessment data presented at an IFSP, IEP, or
8    federal Section 504 plan meeting.
9        (9) Make clear that a parent or guardian may bring the
10    resource to an IFSP, IEP, or federal Section 504 plan
11    meeting for purposes of sharing the parent's or guardian's
12    observations about a child's development.
13        (10) Make clear that resources provided to parents and
14    guardians include fair, balanced, and comprehensive
15    information about ASL, English, and other communication
16    modes, as well as available services and programs.
17    (d) The State Board of Education, in cooperation with the
18Deaf and Hard of Hearing Commission and the Department of
19Human Services, shall select tools or assessments for
20educators that can be used to assess the language and literacy
21development of all deaf, hard of hearing, and deaf-blind
22children. These educator tools or assessments shall do all of
23the following:
24        (1) Be in a format that shows stages of language
25    development.
26        (2) Be selected for use by educators to track the

 

 

HB4091- 6 -LRB103 32280 RJT 61559 b

1    development of deaf, hard of hearing, and deaf-blind
2    children's expressive and receptive language acquisition
3    and developmental stages toward literacy.
4        (3) Be selected from a list of instruments or
5    assessments used to assess the development of all children
6    from birth to 5 years of age.
7        (4) Be appropriate, in both content and
8    administration, for use with deaf, hard of hearing, and
9    deaf-blind children.
10The educator tools or assessments may be used, in addition to
11the assessment required by federal law, by a child's IFSP or
12IEP, as applicable, to track a deaf, hard of hearing, or
13deaf-blind child's progress and to establish or modify an IFSP
14or IEP. Children with federal Section 504 plans shall be
15assessed to ensure appropriate services are provided. The
16educator tools or assessments may reflect the recommendations
17of the advisory committee established pursuant to subsection
18(g).
19    (e) The State Board of Education, in cooperation with the
20Deaf and Hard of Hearing Commission and the Department of
21Human Services, shall disseminate the resource developed under
22subsection (b) to parents and guardians of deaf, hard of
23hearing, and deaf-blind children and, pursuant to federal law,
24shall disseminate the educator tools and assessments selected
25under subsection (d) to local educational agencies for use in
26the development and modification of IEP and IFSP plans, and

 

 

HB4091- 7 -LRB103 32280 RJT 61559 b

1shall provide materials and training on the resources used to
2assist deaf, hard of hearing, or deaf-blind children in
3becoming linguistically ready for kindergarten.
4    (f) Beginning on July 1, 2024, a language assessment shall
5be given to each child who is deaf, hard of hearing, or
6deaf-blind and who is less than 6 years of age. The language
7assessment shall be provided either through an early
8intervention service or, if the child is 3 years of age or
9older, through the school district in which the child is
10enrolled. Language assessments shall be provided in accordance
11with the provisions of this Section and any rules adopted
12pursuant to this Act.
13    Deaf, hard of hearing, and deaf-blind children shall be
14identified by the time a child turns one month old, be referred
15to early intervention services by the time a child turns 3
16months old, and receive early intervention services by the
17time the child turns 6 months old. If a deaf, hard of hearing,
18or deaf-blind child is referred to early intervention
19services, formal assessments shall be implemented.
20    If a deaf, hard of hearing, or deaf-blind child does not
21demonstrate progress in expressive and receptive language
22skills, as measured by one of the educator tools or
23assessments selected pursuant to subsection (d), the child's
24IFSP, IEP, or federal Section 504 plan team shall be
25responsible for explaining in detail the reasons why the child
26is not meeting the language developmental milestones or

 

 

HB4091- 8 -LRB103 32280 RJT 61559 b

1progressing toward them and shall recommend and implement
2specific strategies, services, and programs that shall be
3provided to assist the child's success toward learning
4American Sign Language, English, or both languages. A
5follow-up meeting shall be scheduled within 30 to 60 days to
6determine the effects of the recommendations.
7    (g) An advisory committee on language assessment programs
8shall be established by the State Board of Education, the Deaf
9and Hard of Hearing Commission, and the Department of Human
10Services. The advisory committee shall consist of the members
11listed in this subsection (g), the majority of whom shall be
12deaf or hard of hearing and have fluency in American Sign
13Language. The advisory committee shall be composed of
14advocates and professionals, all of whom shall be within the
15field of education for the deaf, hard of hearing, or
16deaf-blind, and parents or guardians of deaf, hard of hearing,
17and deaf-blind children. The advisory committee shall have a
18balance of members who personally, professionally, or
19parentally use ASL and the English language and members who
20personally, professionally, or parentally use only spoken
21English. The advisory committee shall consist of all of the
22following members, each appointed by the State Board of
23Education:
24        (1) One parent or guardian of a child who is deaf or
25    hard of hearing and who uses ASL and the English language.
26        (2) One parent or guardian of a child who is deaf or

 

 

HB4091- 9 -LRB103 32280 RJT 61559 b

1    hard of hearing and who uses only spoken English, with or
2    without visual supplements.
3        (3) One credentialed teacher of deaf and hard of
4    hearing pupils who uses ASL and the English language.
5        (4) One credentialed teacher of deaf and hard of
6    hearing pupils from a spoken English-only school.
7        (6) One credentialed teacher or an expert on language
8    assessment and outcomes for deaf and hard of hearing
9    children using ASL and the English language.
10        (7) One credentialed teacher or an expert on language
11    assessment and outcomes for deaf and hard of hearing
12    children using spoken English, with or without visual
13    supplements.
14        (8) One credentialed teacher of deaf and hard of
15    hearing pupils whose expertise is in curriculum and
16    instruction in ASL and English.
17        (9) One credentialed teacher of deaf and hard of
18    hearing pupils whose expertise is in curriculum and
19    instruction in spoken English, with or without visual
20    supplements.
21        (10) One early intervention specialist who works with
22    deaf and hard of hearing infants and toddlers using ASL
23    and the English language.
24        (11) One speech pathologist who works with deaf or
25    hard of hearing infants and toddlers.
26        (12) One deaf-blind person who represents the

 

 

HB4091- 10 -LRB103 32280 RJT 61559 b

1    deaf-blind community.
2        (13) One deaf-blind specialist or deaf-blind educator
3    whose expertise is in deaf-blind advocacy or education.
4        (14) One statewide coordinator for deaf and hard of
5    hearing services from the Department of Human Services.
6    The State Board of Education, the Deaf and Hard of Hearing
7Commission, and the Department of Human Services shall call an
8organizational meeting of the advisory committee on or before
9July 1, 2023. At the organizational meeting, the members shall
10elect a chairperson and vice chairperson from among the
11membership of the advisory committee. The advisory committee
12may meet at any time and at any place within this State at the
13call of the chairperson.
14    Members of the advisory committee shall serve without
15compensation or travel reimbursement.
16    A quorum of the advisory committee shall be 9 members. All
17actions of the advisory committee shall be by motion adopted
18by a majority of those members present when there is a quorum.
19    Any vacancy in the committee shall be filled in accordance
20with this subsection (g).
21    The State Board of Education shall provide the advisory
22committee with administrative support, including a list of
23language developmental milestones from standardized norms,
24along with any relevant information held regarding those
25language developmental milestones for possible inclusion in
26the resource developed under subsection (b). Language

 

 

HB4091- 11 -LRB103 32280 RJT 61559 b

1developmental milestones shall be aligned with this State's
2infant, toddler, and preschool guidelines and the instrument
3used to assess the development of children with disabilities
4pursuant to federal law and State standards in English
5language arts.
6    (h) On or before June 1, 2024, the advisory committee
7shall develop specific action plans and propose rules
8necessary to fully implement the language assessment program.
9The committee shall do the following:
10        (1) Solicit input from experts on the selection of
11    language developmental milestones for American Sign
12    Language and English.
13        (2) Review, select, and monitor the use of language
14    assessments for children who are deaf and hard of hearing.
15        (3) Identify criteria for qualified ASL and English
16    experts who can be advocates at initial and periodic IFSP
17    or IEP team meetings, including role models of deaf and
18    hard of hearing professionals in similar fields.
19        (4) Identify criteria for qualified language
20    assessment evaluators and resources for locating
21    evaluators.
22        (5) Identify methods for communicating language
23    assessment results, milestones, assessment tools, and the
24    progress of a child to the parent or guardian the child,
25    teachers, and other professionals involved in the early
26    intervention and education of the child.

 

 

HB4091- 12 -LRB103 32280 RJT 61559 b

1    (i) The specific action plans and proposed rules developed
2by the advisory committee shall include, but are not limited
3to, all of the following:
4        (1) Language assessments that include data collection
5    and timely tracking of a child's development to provide
6    information about the child's receptive and expressive
7    language compared to the child's linguistically
8    age-appropriate peers who are not deaf, hard of hearing,
9    or deaf-blind.
10        (2) Language assessments conducted in accordance with
11    standardized norms and timelines to monitor and track
12    language developmental milestones in both receptive and
13    expressive language acquisition and developmental stages
14    toward English literacy for all children who are deaf or
15    hard of hearing from birth to 5 years of age.
16        (3) Language assessments delivered in ASL and English
17    that have been validated for the specific purposes for
18    which each assessment is used and appropriately normed.
19        (4) Language assessments administered by individuals
20    who are proficient and have expertise in the language
21    developmental stages of ASL and English in any of the
22    following:
23            (A) ASL.
24            (B) Both ASL and English.
25            (C) English, with or without visual supplements.
26            (D) Reading developmental stages.

 

 

HB4091- 13 -LRB103 32280 RJT 61559 b

1        (5) The use of assessment results for guidance on the
2    language developmental discussions by IFSP and IEP teams
3    when assessing the progress of a child's language
4    development in ASL, English, or both languages.
5        (6) The reporting of assessment results to the parent
6    or guardian of a child and, on an aggregated basis, to the
7    State Board of Education and the Department of Human
8    Services for publication to ensure accountability and
9    provide information on how the education of children who
10    are deaf, hard of hearing, or deaf-blind can be improved.
11        (7) The reporting of assessment results to the members
12    of a child's IFSP or IEP team, as appropriate, to assist
13    the team in ensuring that appropriate language growth
14    remains a priority and continues to be monitored by the
15    team.
16    (j) On or before July 1, 2024 and each July 1 thereafter,
17the State Board of Education, the Deaf and Hard of Hearing
18Commission, and the Department of Human Services shall
19annually produce a report, using data reported in compliance
20with the federally required State performance plan on pupils
21with disabilities, specific to the language and literacy
22development of deaf, hard of hearing, or deaf-blind children
23from birth to 5 years of age, including those who are deaf,
24hard of hearing, or deaf-blind and have other disabilities,
25relative to such children's peers who are not deaf, hard of
26hearing, or deaf-blind. The State Board of Education, the Deaf

 

 

HB4091- 14 -LRB103 32280 RJT 61559 b

1and Hard of Hearing Commission, and the Department of Human
2Services shall make this report available on each agency's
3Internet website.
4    (k) All activities of the State Board of Education, the
5Deaf and Hard of Hearing Commission, and the Department of
6Human Services in implementing this Section shall be
7consistent with federal and State law regarding the education
8of children with disabilities and the privacy of pupil
9information.
 
10    Section 20. Joint action plan on deaf, hard of hearing,
11and deaf-blind children. On or before July 1, 2024, the State
12Board of Education, the Deaf and Hard of Hearing Commission,
13and the Department of Human Services shall publish a joint
14action plan and may propose legislation and rules necessary to
15implement the recommendations of the advisory committee
16established under Section 15. The joint action plan and
17legislation and rules may include all of the following:
18        (1) Recommendations on evidence-based and research
19    supported tools to help identify deaf, hard of hearing,
20    and deaf-blind infants and toddlers from birth to 3 years
21    of age.
22        (2) The development of a toolkit and training for
23    parents and guardians about State resources available to
24    deaf, hard of hearing, and deaf-blind infants, toddlers,
25    and children of school age. The toolkit and training shall

 

 

HB4091- 15 -LRB103 32280 RJT 61559 b

1    include evidence-based information on language development
2    and American Sign Language.
3        (3) Strategies and suggestions on ways to connect
4    deaf, hard of hearing, and deaf-blind adults with families
5    supporting deaf children in need of support.
6        (4) Recommendations for training and educating
7    physicians and other healthcare providers on how to
8    connect deaf, hard of hearing, and deaf-blind children and
9    their parents or guardians to resources and support. The
10    recommendations shall provide resources but may not
11    discuss language options.
 
12    Section 25. Reporting. On or before July 1, 2024, the
13State Board of Education, the Deaf and Hard of Hearing
14Commission, and the Department of Human Services shall jointly
15publish data on the incidence of hearing loss and any
16available information on the language and literacy development
17of children from birth to 5 years in this State. The State
18Board of Education shall report from data sources the number
19and scope of individualized education programs written for
20students ages 3 to 5 years who are enrolled in public preschool
21programs and who are deaf, hard of hearing, or deaf-blind and
22the number of individualized education programs for students
23in kindergarten and first grade who are deaf, hard of hearing,
24or deaf-blind. The State Board of Education, the Deaf and Hard
25of Hearing Commission, and the Department of Human Services

 

 

HB4091- 16 -LRB103 32280 RJT 61559 b

1may add additional data reporting recommendations. The data
2must be shared within the requirements of the federal Family
3Educational Rights and Privacy Act of 1974, the Illinois
4School Student Records Act, and the Personal Information
5Protection Act.
 
6    Section 90. Rulemaking. The State Board of Education, the
7Deaf and Hard of Hearing Commission, and the Department of
8Human Services may adopt any rules necessary to implement this
9Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.