House Bill 532

AN ACT TO CREATE THE "DEAF PERSONS' LITERACY RIGHTS AND EDUCATION ACT"; TO PROVIDE DEFINITIONS; TO DECLARE CERTAIN LITERACY RIGHTS OF DEAF STUDENTS; TO REQUIRE INDIVIDUALIZED EDUCATIONAL PROGRAMS (IEP) FOR EACH DEAF STUDENT AND PRESCRIBE THE COMPONENTS OF SUCH PLAN; TO CREATE AN ADVISORY COMMITTEE ON THE EDUCATION OF DEAF CHILDREN AND PRESCRIBE ITS DUTIES AND RESPONSIBILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the "Deaf Persons' Literacy Rights and Education Act."

SECTION 2. As used in this act, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:

(a) "Deaf student" means an individual who is eligible for special education services or 504 services and whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken to in a normal conversational tone and requires the services of an interpreter to communicate, which adversely affects the student's educational performance. This includes a hearing-impaired student, but is not limited to, a person who is mute and a person who is both deaf and mute.

(b) "Qualified interpreter" means an interpreter certified by the national Registry of Interpreters for the Deaf, Mississippi Registry of Interpreters for the Deaf or, in the event a qualified interpreter so certified is not available, an interpreter whose qualifications are otherwise determined.

(c) "Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication.

(d) "Individualized Educational Program" (IEP) means a statement developed for a student eligible for special education services under Section 602(a)(20) of Part B of the Individuals with Disabilities Education Act.

(e) "Assistive technology device" means any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of a deaf, mute, hearing-impaired or deaf-blind student.

(f) "Assistive technology service" means any service or provision of devices which directly assists the functional capabilities of a deaf, mute, hearing-impaired or deaf-blind student.

(g) "Compensatory skills" or "alternative techniques" means those skills or techniques needed by blind or visually impaired students to access all areas of the Mississippi Curriculum Frameworks. These skills include, but are not limited to: understanding hearing loss; amplification management, the use of resources and technology; communication skills; developing personal and interpersonal social interaction; independent living; recreation and leisure skills; and career education.

(h) "504 Plan" means a legal document under the provisions of the Rehabilitation Act of 1973 which is designed to plan a program of instructional services to assist a student with specialized needs who is in a general education setting.

SECTION 3. (1) The Legislature recognizes that students who are deaf, mute, hearing-impaired or deaf-blind who utilize one or more modes of communication have the same rights and potential to become independent and self-actualizing as children who are not deaf, mute, hearing-impaired or deaf-blind. Therefore the Legislature recognizes the Deaf Child's Bill of Rights as follows:

(a) Public schools and all publicly funded early intervention programs shall provide students who are deaf, mute, hearing-impaired or deaf-blind appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and the continuation of screening services throughout the educational experience;

(b) Public schools and all publicly funded early intervention programs shall provide students who are deaf, mute, hearing-impaired or deaf-blind with individualized and appropriate early intervention to support the acquisition of solid language bases developed at the earliest possible age;

(c) Public schools shall inform the parents or guardians of students who are deaf, mute, hearing-impaired or deaf-blind of all State Board Education policies and regulations relative to placement considerations and options available to students who are deaf, mute, hearing-impaired or deaf-blind and provide opportunities for parents and guardians to fully participate in the development and implementation of their student's education plan;

(d) Public schools shall strive to provide students who are deaf, mute, hearing-impaired or deaf-blind opportunities to meet and associate with adult role models who are deaf, mute, hearing-impaired or deaf-blind to learn advocacy skills, including self advocacy;

(e) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind opportunities to meet and associate with their peers in the school environment and during school sponsored activities;

(f) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind access to qualified teachers, interpreters, and resource personnel who communicate effectively with each child in that child's mode of communication;

(g) Public schools shall include a communication plan in the Individualized Education Program (IEP) of every student with an exceptionality who is deaf, mute, hearing-impaired or deaf-blind. Where appropriate, public schools shall include a communication plan in the Individualized Education Plan or 504 Plan for a student who is deaf, mute, hearing-impaired or deaf-blind;

(h) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind placement that is best suited to each child's individual needs, including but not limited to social, emotional, and cultural needs, with consideration for the child's age, degree and type of hearing loss, academic level, mode of communication, style of learning, motivational level, and amount of family support;

(i) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind individual considerations for free, appropriate education across a full spectrum of educational programs;

(j) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind full support services provided by qualified professionals in their educational settings. The State Department of Education shall work with local education agencies to ensure technical assistance is available to support the school board of each local school district in meeting the needs of students who are deaf, mute, hearing-impaired or deaf-blind;

(k) Public schools shall provide students who are deaf, mute, hearing-impaired or deaf-blind full access to all programs in their educational settings;

(l) Deaf, mute, hearing-impaired, and deaf-blind children are entitled to have the public fully informed concerning medical, cultural, and linguistic issues of individuals who are deaf, mute, hearing-impaired or deaf-blind; and

(m) Public schools, where possible, shall have deaf, mute, hearing-impaired adults directly involved in determining the extent, content and purpose of all programs that affect the education of students who are deaf, mute, hearing-impaired or deaf-blind.

(2) (a) The school board of each local school district shall comply with the provisions of this section, in accordance with applicable state and federal law, policy, and regulation.

(b) Nothing in this section shall be construed to create a right of action that is not currently provided for in state or federal law or regulation on behalf of an individual student or a class of students for the failure of a particular public school or public school governing authority to comply with any provision of this section, or to prevent the parent or legal guardian of a student from filing a complaint as provided in applicable state or federal law or regulation.

SECTION 4. The following are found to be the literacy rights of deaf students:

(a) Deaf, mute, hearing-impaired and deaf-blind students shall be provided educational programs and services designed to provide individualized, appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success. A child's mode of communication will be respected, utilized and developed in conformity with the child's IEP.

(b) Deaf, mute, hearing-impaired and deaf-blind students shall have an education in which teachers of the deaf, mute, hearing-impaired and deaf-blind, psychologists, speech therapists, assessors and evaluators, administrators and other education personnel understand the unique nature of deafness and are appropriately trained in deaf education, as prescribed in the Individual with Disabilities Act (20 USCS Section 1412).

(c) Placement decisions shall be determined as prescribed in the Individuals with Disabilities Education Act, (20 USCS Section 1412). Local school districts will consider forming cooperative programs, when necessary, to provide appropriate services for deaf, mute, hearing-impaired and deaf-blind students.

(d) Parents shall have any and all rights as provided under the Individuals with Disabilities Education Act, Part B, including the right to equal participation in the development of their child's IEP, the right to require review of their child's IEP, and the right to an impartial due process hearing if they disagree with the services addressed on the IEP.

SECTION 5. (1) The State Department of Education shall provide for the development of a written individualized educational program for each deaf student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. The following information shall be considered during the development process of the deaf student's individual educational plan:

(a) The student's communicative needs and the families preferred mode of communication will be considered when developing the child's IEP. The parents or legal guardians shall have the right to express their opinions regarding the mode of communication appropriate for their child, including, but not limited to, American Sign Language, English-based manual or signed systems or total communications. The choice or placement shall be based solely on the child's need as determined by a multi-disciplinary IEP assessment of the school district.

(b) The student's placement will be in the least restrictive placement that can provide instruction in the mode of communication recommended by the IEP assessment.

(c) A program providing a strong language base will be the primary focus for all deaf, mute, hearing-impaired and deaf-blind students.

(d) Deaf, mute, hearing-impaired and deaf-blind students shall be educated with language mode peers with whom they can communicate directly and fluently and who are of the same or approximately the same age and ability level to the extent provided in the federal Individuals with Disabilities Education Act (20 USCS Section 1412).

(2) A school district shall provide parents and/or guardians with full information about their child's options for placement. The school district shall ensure that a continuum of alternate educational placements is available to meet the needs of deaf, mute, hearing-impaired and deaf-blind students; the continuum must include regular classes, special classes, special school, home, institution or hospital when required. The full continuum of educational placements shall be explained to the parents and/or guardians at each IEP meeting. Placement decisions will occur only after the child's individual educational, social and vocational needs have been determined and the child's Individual Education Plan (IEP) has been developed. Placement decisions will not be made based upon those programs the local education agency has presently available, but will be based upon a child's IEP and least restrictive environment mandates as prescribed in the federal Individuals with Disabilities Act. Parents and/or guardians and the individual student's preferences for placement will be given full consideration in making placement decisions.

SECTION 6. This act shall take effect and be in force from and after July 1, 2017.