October 20, 2016, Introduced by Senators ROBERTSON, WARREN, HOPGOOD and KNOLLENBERG and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1705.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1705. (1) As provided under this section, the department
shall ensure that appropriate language assessments are used for
monitoring and tracking language developmental milestones in both
expressive and receptive language achievement and developmental
stages in American Sign Language, English literacy, audiological
habilitation, or any combination of those skills for deaf,
deafblind, and hard-of-hearing children in order to be school-
ready.
(2) Upon consideration of the advisory committee's
recommendation under subsection (9), the department shall develop
or adopt and modify, as applicable, language developmental
milestones that are designed to inform as to an individual child's
expressive and receptive language and cognitive abilities
comparative to the child's linguistically age-appropriate peers who
are not deaf, deafblind, or hard of hearing, using American Sign
Language, English, or both. The language developmental milestones
shall be developed or adopted from existing standardized norms and
be aligned with any existing standards used to meet the
requirements of federal law for the assessment of children with
disabilities and with any relevant state assessments or English
language arts standards.
(3) For each category of children who are deaf, deafblind, or
hard of hearing, the department shall develop or adopt and modify,
as applicable, a parent resource that a parent or legal guardian of
a deaf, deafblind, or hard-of-hearing child may use to monitor the
child's language, literacy, or oral development. In a manner that
is tailored to the relevant category of deaf, deafblind, or hard-
of-hearing children, the resource shall include the following
information:
(a) The language developmental milestones developed or adopted
under this section and an explanation regarding how the language
developmental milestones compare to the typical development of all
children, including children who are not deaf, deafblind, or hard
of hearing, by age range from birth to age 8.
(b) Directives stating that the parent resource is not a
formal assessment of language, literacy, or oral development; that
a parent or legal guardian's observation of his or her child may be
different than formal assessment data presented during a meeting
regarding the child's individualized education program,
individualized family service plan, or individual accommodation
plan; and that a parent or legal guardian may bring the resource to
1 or more of those meetings for the purpose of aiding communication
about the child's language, literacy, or oral development.
(c) The contact information for the Hearing Loss Association
of America, Michigan State Association; Michigan Deaf Association;
Deafblind Central; and Michigan School for the Deaf.
(d) A description of the risks of language deprivation and the
process of language acquisition.
(e) A statement regarding the importance of a parent's or
legal guardian's involvement in the language acquisition process.
(f) A list of technological advances available to assist deaf,
deafblind, or hard-of-hearing children in the classroom and at
home.
(g) All available communication options for a child who is
deaf, deafblind, or hard of hearing that are specific to the
category of hearing or vision loss for which the parent resource is
developed or adopted and a statement emphasizing that the options
are included in the resource to ensure that the child's parent or
legal guardian is able to make informed decisions regarding the
child's language, literacy, or oral development.
(h) Any other information that the department considers
appropriate and helpful to include in a parent resource.
(4) The department shall present the information included in
parent resources developed or adopted for each category of children
who are deaf, deafblind, or hard of hearing in an accessible manner
and make the applicable resources available to a parent or legal
guardian of a deaf, deafblind, or hard-of-hearing child.
(5) Upon consideration of the advisory committee's
recommendation under subsection (9), the department shall develop
or adopt and modify, as applicable, appropriate assessment tools to
evaluate a deaf, deafblind, or hard-of-hearing child's expressive
and receptive language achievement and developmental stages in
American Sign Language, English literacy, audiological
habilitation, or any combination of those skills. Assessment tools
shall be formatted to show stages of language, literacy, or oral
development and may be used to establish or modify a deaf,
deafblind, or hard-of-hearing child's individualized education
program, individualized family service plan, or individual
accommodation plan if consistent with federal law.
(6) The department shall disseminate assessment tools
developed or adopted under this section and any modification of
those assessment tools, along with necessary training materials, to
ensure that language, literacy, and oral development remain a
priority and, if applicable, continue to be assessed as part of a
deaf, deafblind, or hard-of-hearing child's individualized
education program, individualized family service plan, or
individual accommodation plan. The assessment tools shall be
identified in the rules governing special education programs and
services. The department shall disseminate the assessment tools,
any modification of the assessment tools, and necessary training
materials to at least all of the following:
(a) School districts.
(b) Public school academies.
(c) Intermediate school districts.
(d) Early intervention providers, including, but not limited
to, public and private daycares and preschools.
(e) Appropriate special education personnel, including, but
not limited to, individualized educational planning committees and
individuals who develop, manage, or implement an individualized
family service plan or individual accommodation plan.
(f) Individuals who develop, manage, or implement teacher
preparation programs.
(g) The Michigan School for the Deaf.
(7) If a deaf, deafblind, or hard-of-hearing child does not
demonstrate reasonable progress in age-appropriate expressive and
receptive language skills, as measured by assessment tools
developed or adopted under this section or by any existing
assessment or measurement developed to comply with federal law
relating to children with disabilities, the child's individualized
educational planning committee or individual who develops, manages,
or implements the child's individualized family service plan or
individual accommodation plan, as applicable, shall modify the
child's plan or program to include, in as much detail as possible,
an explanation as to why the child has not demonstrated reasonable
progress in expressive and receptive language skills and specific
recommendations as to what strategies, services, and programs are
or will be available to assist the child in reaching his or her
language developmental milestones.
(8) Not later than September 1, 2018, and no later than August
1 of each subsequent year, the department shall produce an annual
report using the existing data reported in compliance with the
federally required state performance plan on children with
disabilities that is specific to language, literacy, or oral
development of deaf, deafblind, and hard-of-hearing children from
birth to age 8 relative to their peers who are not deaf, deafblind,
or hard of hearing. No later than 30 days after the department
produces the report, the department shall make this report
available on its internet website and provide the report to the
standing committees of the legislature responsible for K-12
education legislation.
(9) Not later than 6 months after the effective date of the
amendatory act that added this section, the superintendent of
public instruction shall establish an advisory committee to assist
the department in meeting the requirements of this section. The
advisory committee shall perform the following duties:
(a) Recommend appropriate language developmental milestones
for deaf, deafblind, and hard-of-hearing children that are
consistent with subsection (2), and recommend assessment tools that
are consistent with subsection (5).
(b) Develop methods for monitoring and reporting children's
development related to the appropriate language developmental
milestones and determine the necessary frequency of assessments.
(c) Develop methods for communicating language developmental
milestones, assessment tools, and a child's assessment results to
the child's parent or legal guardian, educators, and others as
considered appropriate.
(d) Periodically review and update recommendations and methods
developed under this subsection.
(10) The advisory committee shall consist of the following 13
members, appointed by the superintendent of public instruction in a
manner consistent with subsection (11), the majority of whom must
be deaf, deafblind, or hard of hearing:
(a) One parent or legal guardian of a deaf, deafblind, or
hard-of-hearing child who uses both American Sign Language and
English.
(b) One parent or legal guardian of a deaf, deafblind, or
hard-of-hearing child who uses only spoken English, with or without
visual supplements.
(c) One certificated teacher of deaf, deafblind, and hard-of-
hearing children who use both American Sign Language and English.
(d) One American Sign Language and English literacy
specialist.
(e) One certified educational audiologist.
(f) One expert who researches language outcomes for deaf,
deafblind, and hard-of-hearing children.
(g) One certificated teacher of deaf, deafblind, and hard-of-
hearing children who has expertise in curriculum and instruction in
both American Sign Language and English.
(h) One certificated teacher of deaf, deafblind, and hard-of-
hearing pupils who has expertise in curriculum and instruction in
spoken English, with or without visual supplements.
(i) One advocate for the teaching and use of both American
Sign Language and English.
(j) One advocate for the teaching and use of spoken English,
with or without visual supplements.
(k) One early intervention specialist who works with deaf,
deafblind, and hard-of-hearing infants and toddlers using both
American Sign Language and English.
(l) One certificated teacher of deaf, deafblind, and hard-of-
hearing pupils who has expertise in both American Sign Language and
English language assessment.
(m) One speech pathologist who works with spoken English, with
or without the use of visual supplements.
(11) In order to be appointed as a member of the advisory
committee under subsection (10)(a), (c), (i), (k), or (l), an
individual shall be interviewed by the superintendent of public
instruction, or his or her designee, and by an individual certified
by the American Sign Language Teachers Association. The
superintendent of public instruction shall only appoint members of
the advisory committee under subsection (10)(a), (c), (i), (k), or
(l) after receiving the advice of the individual certified by the
American Sign Language Teachers Association who attended an
interview.
(12) Members of the advisory committee shall serve without
compensation. However, members of the advisory committee may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the advisory
committee.
(13) The department's implementation of this section shall be
consistent with federal law regarding education of children with
disabilities and the privacy of pupil information.
(14) This section applies to deaf, deafblind, and hard-of-
hearing children from birth to age 8.
(15) As used in this section:
(a) "Audiological habilitation" means the process of assisting
an individual who is hard of hearing in developing spoken and
written language, auditory perception skills, and visual cues, or
learning how to manage hearing assistive devices.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "English" includes spoken or written English, English with
the use of visual supplements, Braille, or augmented or alternative
communication, unless stated otherwise in this section.
(d) "Expressive language" means an individual's ability to
communicate his or her thoughts, ideas, wants, and needs through
American Sign Language, English, oral communication, facial
expressions, and gestures.
(e) "Individual accommodation plan" means a plan developed
under section 504 of the rehabilitation act of 1973, 29 USC 794.
(f) "Individualized educational planning committee" means an
individualized education program team as defined in section 1414 of
the individuals with disabilities education act, 20 USC 1414.
(g) "Individualized education program" means that term as
defined in section 1414 of the individuals with disabilities
education act, 20 USC 1414.
(h) "Individualized family service plan" means that term as
described in section 1436 of the individuals with disabilities
education act, 20 USC 1436.
(i) "Receptive language" means the ability to understand and
respond to American Sign Language, English, or oral communication,
including the ability to interpret gestures, questions, statements,
instructions, and grammatical concepts.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.