S T A T E   O F   N E W   Y O R K
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                                   3866
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. DICKENS, ABINANTI, COLTON, TAYLOR, SIMON, STIRPE,
   SAYEGH, GUNTHER, CRUZ, COOK, J. RIVERA, WILLIAMS -- Multi-Sponsored by
   --  M.  of  A.  BUTTENSCHON,  GALEF  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to language equality  and
   acquisition for deaf children

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  4214
 to read as follows:
   §  4214.  LANGUAGE EQUALITY AND ACQUISITION FOR DEAF CHILDREN. 1.  THE
 DEPARTMENT AND THE NEW YORK STATE SCHOOL  FOR  THE  DEAF  SHALL  JOINTLY
 SELECT  LANGUAGE  DEVELOPMENTAL  MILESTONES  FROM  EXISTING STANDARDIZED
 NORMS, PURSUANT TO THE PROCESS SPECIFIED IN  SUBDIVISION  FOUR  OF  THIS
 SECTION,  FOR  PURPOSES  OF  DEVELOPING A RESOURCE FOR USE BY PARENTS TO
 MONITOR AND TRACK DEAF AND  HARD-OF-HEARING  CHILDREN'S  EXPRESSIVE  AND
 RECEPTIVE  LANGUAGE  ACQUISITION AND DEVELOPMENTAL STAGES TOWARD ENGLISH
 LITERACY. SUCH PARENT RESOURCE SHALL:
   A. INCLUDE THE LANGUAGE DEVELOPMENTAL MILESTONES SELECTED PURSUANT  TO
 THE PROCESS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION;
   B.  BE  APPROPRIATE  FOR USE, IN BOTH CONTENT AND ADMINISTRATION, WITH
 DEAF AND HARD-OF-HEARING CHILDREN FROM  BIRTH  TO  FIVE  YEARS  OF  AGE,
 INCLUSIVE,  WHO  USE  BOTH  OR  ONE  OF  THE  LANGUAGES OF AMERICAN SIGN
 LANGUAGE AND ENGLISH. FOR PURPOSES OF THIS SECTION,  "ENGLISH"  INCLUDES
 SPOKEN  ENGLISH,  WRITTEN  ENGLISH,  OR  ENGLISH  WITH THE USE OF VISUAL
 SUPPLEMENTS;
   C. PRESENT THE DEVELOPMENTAL MILESTONES IN TERMS OF  TYPICAL  DEVELOP-
 MENT OF ALL CHILDREN, BY AGE RANGE;
   D. BE WRITTEN FOR CLARITY AND EASE OF USE BY PARENTS;
   E.  BE  ALIGNED  TO  THE  DEPARTMENT'S  EXISTING  INFANT, TODDLER, AND
 PRESCHOOL GUIDELINES, THE EXISTING INSTRUMENT USED TO ASSESS THE  DEVEL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02293-01-1

 A. 3866                             2
 
 OPMENT  OF CHILDREN WITH DISABILITIES PURSUANT TO FEDERAL LAW, AND STATE
 STANDARDS IN ENGLISH LANGUAGE ARTS;
   F.  MAKE  CLEAR THAT THE PARENT RESOURCE IS NOT A FORMAL ASSESSMENT OF
 LANGUAGE AND LITERACY DEVELOPMENT, AND THAT A PARENT'S  OBSERVATIONS  OF
 THEIR  CHILDREN  MAY  DIFFER FROM FORMAL ASSESSMENT DATA PRESENTED AT AN
 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)  OR  INDIVIDUALIZED  EDUCATION
 PROGRAM (IEP) MEETING; AND
   G.  MAKE  CLEAR THAT A PARENT MAY BRING THE PARENT RESOURCE TO AN IFSP
 OR IEP MEETING FOR PURPOSES OF SHARING THEIR  OBSERVATIONS  ABOUT  THEIR
 CHILD'S DEVELOPMENT.
   2.  THE DEPARTMENT SHALL ALSO SELECT EXISTING TOOLS OR ASSESSMENTS FOR
 EDUCATORS THAT CAN BE USED TO ASSESS THE LANGUAGE AND LITERACY  DEVELOP-
 MENT  OF  DEAF  AND  HARD-OF-HEARING  CHILDREN.  THESE EDUCATOR TOOLS OR
 ASSESSMENTS:
   A. SHALL BE IN A FORMAT THAT SHOWS STAGES OF LANGUAGE DEVELOPMENT;
   B. SHALL BE SELECTED FOR USE BY EDUCATORS TO TRACK THE DEVELOPMENT  OF
 DEAF  AND  HARD-OF-HEARING  CHILDREN'S EXPRESSIVE AND RECEPTIVE LANGUAGE
 ACQUISITION AND DEVELOPMENTAL STAGES TOWARD ENGLISH LITERACY;
   C. SHALL BE SELECTED FROM EXISTING INSTRUMENTS OR ASSESSMENTS USED  TO
 ASSESS  THE DEVELOPMENT OF ALL CHILDREN FROM BIRTH TO FIVE YEARS OF AGE,
 INCLUSIVE;
   D. SHALL BE APPROPRIATE, IN BOTH CONTENT AND ADMINISTRATION,  FOR  USE
 WITH DEAF AND HARD-OF-HEARING CHILDREN;
   E. MAY BE USED, IN ADDITION TO THE ASSESSMENT REQUIRED BY FEDERAL LAW,
 BY  THE CHILD'S IFSP OR IEP TEAM, AS APPLICABLE, TO TRACK DEAF AND HARD-
 OF-HEARING CHILDREN'S PROGRESS, AND TO ESTABLISH OR MODIFY IFSP  OR  IEP
 PLANS; AND
   F.  MAY  REFLECT  THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE ESTAB-
 LISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   3. A. THE DEPARTMENT SHALL DISSEMINATE THE PARENT  RESOURCE  DEVELOPED
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION TO PARENTS AND GUARDIANS OF
 DEAF AND HARD-OF-HEARING CHILDREN, AND, PURSUANT TO FEDERAL  LAW,  SHALL
 DISSEMINATE  THE  EDUCATOR  TOOLS  AND  ASSESSMENTS SELECTED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION TO LOCAL EDUCATIONAL AGENCIES FOR USE IN
 THE DEVELOPMENT AND MODIFICATION  OF  IFSP  AND  IEP  PLANS,  AND  SHALL
 PROVIDE  MATERIALS  AND TRAINING ON ITS USE, TO ASSIST DEAF AND HARD-OF-
 HEARING CHILDREN IN BECOMING LINGUISTICALLY READY FOR KINDERGARTEN USING
 BOTH OR ONE OF THE LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH.
   B. IF A DEAF OR HARD-OF-HEARING CHILD DOES NOT DEMONSTRATE PROGRESS IN
 EXPRESSIVE AND RECEPTIVE LANGUAGE SKILLS, AS  MEASURED  BY  ONE  OF  THE
 EDUCATOR  TOOLS  OR  ASSESSMENTS SELECTED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION, OR BY THE EXISTING INSTRUMENT USED TO ASSESS THE  DEVELOP-
 MENT  OF CHILDREN WITH DISABILITIES PURSUANT TO FEDERAL LAW, THE CHILD'S
 IFSP OR IEP TEAM, AS APPLICABLE, SHALL, AS PART OF THE PROCESS  REQUIRED
 BY FEDERAL LAW, EXPLAIN IN DETAIL THE REASONS WHY THE CHILD IS NOT MEET-
 ING  THE  LANGUAGE  DEVELOPMENTAL MILESTONES OR PROGRESSING TOWARD THEM,
 AND SHALL RECOMMEND SPECIFIC STRATEGIES,  SERVICES,  AND  PROGRAMS  THAT
 SHALL BE PROVIDED TO ASSIST THE CHILD'S SUCCESS TOWARD ENGLISH LITERACY.
   4.  A.  ON OR BEFORE MARCH FIRST, TWO THOUSAND TWENTY-TWO, THE DEPART-
 MENT SHALL PROVIDE THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDI-
 VISION FIVE OF THIS SECTION WITH A LIST OF  EXISTING  LANGUAGE  DEVELOP-
 MENTAL  MILESTONES  FROM  EXISTING  STANDARDIZED  NORMS,  ALONG WITH ANY
 RELEVANT INFORMATION HELD BY THE  DEPARTMENT  REGARDING  THOSE  LANGUAGE
 DEVELOPMENTAL  MILESTONES  FOR POSSIBLE INCLUSION IN THE PARENT RESOURCE
 DEVELOPED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION.  THESE  LANGUAGE
 DEVELOPMENTAL  MILESTONES  SHALL BE ALIGNED TO THE DEPARTMENT'S EXISTING

 A. 3866                             3
 
 INFANT, TODDLER, AND PRESCHOOL GUIDELINES, THE EXISTING INSTRUMENT  USED
 TO  ASSESS  THE  DEVELOPMENT  OF  CHILDREN WITH DISABILITIES PURSUANT TO
 FEDERAL LAW, AND THE STATE STANDARDS IN ENGLISH LANGUAGE ARTS.
   B.  ON  OR  BEFORE  JUNE  FIRST, TWO THOUSAND TWENTY-TWO, THE ADVISORY
 COMMITTEE  SHALL  RECOMMEND  LANGUAGE   DEVELOPMENTAL   MILESTONES   FOR
 SELECTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   C.  ON  OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO, THE DEPART-
 MENT SHALL INFORM THE ADVISORY COMMITTEE OF WHICH LANGUAGE DEVELOPMENTAL
 MILESTONES WERE SELECTED.
   5. A. THE SUPERINTENDENT OF THE NEW YORK STATE  SCHOOL  FOR  THE  DEAF
 SHALL  ESTABLISH AN AD HOC ADVISORY COMMITTEE FOR PURPOSES OF SOLICITING
 INPUT FROM EXPERTS ON THE SELECTION OF LANGUAGE DEVELOPMENTAL MILESTONES
 FOR CHILDREN WHO ARE DEAF OR  HARD-OF-HEARING  THAT  ARE  EQUIVALENT  TO
 THOSE FOR CHILDREN WHO ARE NOT DEAF OR HARD-OF-HEARING, FOR INCLUSION IN
 THE  PARENT  RESOURCE  DEVELOPED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION.  THE ADVISORY COMMITTEE MAY ALSO MAKE  RECOMMENDATIONS  ON  THE
 SELECTION  AND  ADMINISTRATION  OF  THE  EDUCATOR  TOOLS  OR ASSESSMENTS
 SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   B. THE ADVISORY COMMITTEE SHALL CONSIST OF  THIRTEEN  VOLUNTEERS,  THE
 MAJORITY OF WHOM SHALL BE DEAF OR HARD-OF-HEARING, AND ALL OF WHOM SHALL
 BE  WITHIN  THE FIELD OF EDUCATION FOR THE DEAF AND HARD-OF-HEARING. THE
 ADVISORY COMMITTEE SHALL INCLUDE ALL OF THE FOLLOWING:
   (I) ONE PARENT OF A CHILD WHO IS DEAF OR HARD-OF-HEARING WHO USES  THE
 DUAL LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH;
   (II)  ONE  PARENT  OF  A CHILD WHO IS DEAF OR HARD-OF-HEARING WHO USES
 ONLY SPOKEN ENGLISH, WITH OR WITHOUT VISUAL SUPPLEMENTS;
   (III) ONE CREDENTIALED TEACHER OF DEAF AND HARD-OF-HEARING PUPILS  WHO
 USE THE DUAL LANGUAGES OF AMERICAN SIGN LANGUAGE AND ENGLISH;
   (IV)  ONE CREDENTIALED TEACHER OF DEAF AND HARD-OF-HEARING PUPILS FROM
 A STATE CERTIFIED NONPUBLIC, NONSECTARIAN SCHOOL;
   (V) ONE EXPERT WHO RESEARCHES LANGUAGE OUTCOMES FOR DEAF AND  HARD-OF-
 HEARING CHILDREN USING AMERICAN SIGN LANGUAGE AND ENGLISH;
   (VI) ONE EXPERT WHO RESEARCHES LANGUAGE OUTCOMES FOR DEAF AND HARD-OF-
 HEARING  CHILDREN  USING  SPOKEN ENGLISH, WITH OR WITHOUT VISUAL SUPPLE-
 MENTS;
   (VII) ONE CREDENTIALED TEACHER  OF  DEAF  AND  HARD-OF-HEARING  PUPILS
 WHOSE  EXPERTISE  IS  IN  CURRICULUM  AND  INSTRUCTION  IN AMERICAN SIGN
 LANGUAGE AND ENGLISH;
   (VIII) 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;
   (IX)  ONE  ADVOCATE  FOR THE TEACHING AND USE OF THE DUAL LANGUAGES OF
 AMERICAN SIGN LANGUAGE AND ENGLISH;
   (X) ONE ADVOCATE FOR THE TEACHING AND USE OF SPOKEN ENGLISH,  WITH  OR
 WITHOUT VISUAL SUPPLEMENTS;
   (XI)  ONE  EARLY INTERVENTION SPECIALIST WHO WORKS WITH DEAF AND HARD-
 OF-HEARING INFANTS AND TODDLERS USING THE  DUAL  LANGUAGES  OF  AMERICAN
 SIGN LANGUAGE AND ENGLISH;
   (XII)  ONE  CREDENTIALED  TEACHER  OF  DEAF AND HARD-OF-HEARING PUPILS
 WHOSE EXPERTISE IS  IN  AMERICAN  SIGN  LANGUAGE  AND  ENGLISH  LANGUAGE
 ASSESSMENT; AND
   (XIII) ONE SPEECH PATHOLOGIST FROM SPOKEN ENGLISH, WITH OR WITHOUT THE
 USE OF VISUAL SUPPLEMENTS.
   6.  THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF
 THIS SECTION MAY ALSO ADVISE THE DEPARTMENT OR  ITS  CONTRACTOR  ON  THE
 CONTENT AND ADMINISTRATION OF THE EXISTING INSTRUMENT USED TO ASSESS THE

 A. 3866                             4
 
 DEVELOPMENT  OF  CHILDREN  WITH DISABILITIES PURSUANT TO FEDERAL LAW, AS
 USED TO ASSESS DEAF AND HARD-OF-HEARING CHILDREN'S LANGUAGE AND LITERACY
 DEVELOPMENT TO ENSURE THE APPROPRIATE USE OF THAT INSTRUMENT WITH  THOSE
 CHILDREN,  AND  MAY  MAKE  RECOMMENDATIONS  REGARDING FUTURE RESEARCH TO
 IMPROVE THE MEASUREMENT OF PROGRESS OF DEAF AND HARD-OF-HEARING CHILDREN
 IN LANGUAGE AND LITERACY.
   7. COMMENCING ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO,
 AND ON OR BEFORE EACH JULY THIRTY-FIRST THEREAFTER, THE DEPARTMENT SHALL
 ANNUALLY PRODUCE A REPORT, USING EXISTING DATA  REPORTED  IN  COMPLIANCE
 WITH  THE FEDERALLY REQUIRED STATE PERFORMANCE PLAN ON PUPILS WITH DISA-
 BILITIES, THAT IS SPECIFIC TO LANGUAGE AND LITERACY DEVELOPMENT OF  DEAF
 AND HARD-OF-HEARING CHILDREN FROM BIRTH TO FIVE YEARS OF AGE, INCLUSIVE,
 INCLUDING THOSE WHO ARE DEAF OR HARD-OF-HEARING AND HAVE OTHER DISABILI-
 TIES,  RELATIVE  TO THEIR PEERS WHO ARE NOT DEAF OR HARD-OF-HEARING. THE
 DEPARTMENT SHALL MAKE THIS REPORT AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   8. ALL ACTIVITIES OF THE DEPARTMENT IN IMPLEMENTING THIS SECTION SHALL
 BE CONSISTENT WITH FEDERAL LAW REGARDING THE EDUCATION OF CHILDREN  WITH
 DISABILITIES AND FEDERAL LAW REGARDING THE PRIVACY OF PUPIL INFORMATION.
   9.  FOR  THE PURPOSE OF THIS SECTION, THE TERM "LANGUAGE DEVELOPMENTAL
 MILESTONES" MEANS MILESTONES OF DEVELOPMENT ALIGNED  WITH  THE  EXISTING
 STATE  INSTRUMENT  USED  TO MEET THE REQUIREMENTS OF FEDERAL LAW FOR THE
 ASSESSMENT OF CHILDREN FROM BIRTH TO FIVE YEARS OF AGE, INCLUSIVE.
   10. THIS SECTION SHALL APPLY ONLY TO CHILDREN FROM BIRTH TO FIVE YEARS
 OF AGE, INCLUSIVE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.