HB 1385

1	A bill to be entitled
2	An act relating to deaf and hard-of-hearing children;
3	creating the "Deaf and Hard-of-Hearing Children's
4	Educational Bill of Rights"; providing findings and
5	purpose; recognizing the unique communication needs of
6	deaf and hard-of-hearing children and encouraging the
7	development of a communication-driven and language-driven
8	educational delivery system in the state; requiring the
9	Department of Education to develop a communication model
10	to become part of the individual education plan process
11	for deaf and hard-of-hearing students; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  (1)  SHORT TITLE.-This act may be cited as the
17	"Deaf and Hard-of-Hearing Children's Educational Bill of
18	Rights."
19	(2)  FINDINGS AND PURPOSE.-
20	(a)  The Legislature finds that:
21	1.  Hearing loss affects the most basic human need,
22	communication. Without quality communication a child is isolated
23	from other human beings and from the exchange of knowledge
24	essential for educational growth and, therefore, cannot develop
25	the skills required to become a productive, capable adult and a
26	fully participatory member of society.
27	2.  Children with hearing loss have the same innate
28	capabilities as any other children. They communicate in a wide
29	variety of manual and spoken modes, languages, and systems. Some
30	use aural/oral modes of communication, while others use a
31	combination of aural/oral and manual communication. Many use
32	American Sign Language, which is a formal language, as well as
33	the preferred everyday language of the deaf community.
34	3.  It is critical that all citizens in the state work
35	toward ensuring that:
36	a.  Deaf and hard-of-hearing children, like all children,
37	have quality, ongoing, and fluid communication, both in and out
38	of the classroom.
39	b.  Deaf and hard-of-hearing children be placed in the
40	least restrictive educational environment and receive services
41	based on their unique communication, language, and educational
42	needs, consistent with 20 U.S.C. s. 1414(d)(3)(B)(iv) of the
43	Individuals with Disabilities Education Act.
44	c.  Deaf and hard-of-hearing children be given an education
45	in which teachers, related service providers, and assessors
46	understand the unique nature of deafness, are specifically
47	trained to work with hard-of-hearing and deaf students, and can
48	communicate spontaneously and fluidly with these children.
49	d.  Deaf and hard-of-hearing children, like all children,
50	have the benefit of an education in which there is a sufficient
51	number of age-appropriate peers and adults with whom they can
52	interact and communicate in a spontaneous and fluid way.
53	e.  Deaf and hard-of-hearing children receive an education
54	in which they are exposed to deaf and hard-of-hearing role
55	models.
56	f.  Deaf and hard-of-hearing children, like all children,
57	have direct and appropriate access to all components of the
58	educational process, including recess, lunch, and
59	extracurricular, social, and athletic activities.
60	g.  Deaf and hard-of-hearing children, like all children,
61	be provided with programs in which transition planning, as
62	required under the Individuals with Disabilities Education Act,
63	focuses on their unique vocational needs.
64	h.  Families of children who are deaf or hard of hearing
65	receive accurate, balanced, and complete information regarding
66	their child's educational and communication needs and the
67	available programmatic, placement, and resource options, as well
68	as access to support services and advocacy resources from public
69	and private agencies, departments, and all other institutions
70	and resources knowledgeable about hearing loss and the needs
71	of children who are deaf or hard of hearing.
72	(b)  Given the central importance of communication to all
73	human beings, the purpose of the Deaf and Hard-of-Hearing
74	Children's Educational Bill of Rights is to encourage the
75	development of a communication-driven and language-driven
76	educational delivery system in the state for children who are
77	deaf or hard of hearing.
78	(3)  EDUCATIONAL RIGHTS OF DEAF AND HARD-OF-HEARING
79	CHILDREN; DUTY OF DEPARTMENT OF EDUCATION.-
80	(a)  The Legislature recognizes the unique communication
81	needs of children who are deaf or hard of hearing and encourages
82	the development of specific recommendations by all state
83	agencies, institutions, and political subdivisions concerned
84	with the early intervention, early childhood, and kindergarten
85	through grade 12 education of students who are deaf or hard of
86	hearing, including the Department of Education, the Florida
87	School for the Deaf and the Blind, and the Department of Health,
88	to ensure that:
89	1.  These children have what every other child takes for
90	granted, including an educational environment in which their
91	language and communication needs are fully addressed and
92	developed and in which they have early, ongoing, and quality
93	access to planned and incidental communication opportunities.
94	2.  The methods for carrying out the purposes of the Deaf
95	and Hard-of-Hearing Children's Educational Bill of Rights are
96	expeditiously implemented.
97	(b)  Because 20 U.S.C. s. 1414(d)(3)(B)(iv) of the
98	Individuals with Disabilities Education Act requires that the
99	individual education plan team consider the unique communication
100	needs of children who are deaf or hard of hearing, the
101	Department of Education shall develop a model "communication
102	considerations for students who are deaf or hard of hearing" to
103	become part of the individual education plan process. The model
104	shall be disseminated to all school districts with training to
105	be provided as determined by the department.
106	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.