S05992 Summary:

BILL NOS05992B
 
SAME ASSAME AS A10710
 
SPONSORROBACH
 
COSPNSRADDABBO, AKSHAR, AVELLA, BROOKS, CARLUCCI, FUNKE, GALLIVAN, HAMILTON, HELMING
 
MLTSPNSR
 
Add 4214, Ed L
 
Relates to language development for deaf and hard of hearing children; requires the department to select language development milestones for existing standardized norms 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.
Go to top    

S05992 Actions:

BILL NOS05992B
 
05/09/2017REFERRED TO EDUCATION
01/03/2018REFERRED TO EDUCATION
03/21/2018AMEND AND RECOMMIT TO EDUCATION
03/21/2018PRINT NUMBER 5992A
06/12/2018AMEND AND RECOMMIT TO EDUCATION
06/12/2018PRINT NUMBER 5992B
06/18/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2018ORDERED TO THIRD READING CAL.1843
06/19/2018PASSED SENATE
06/19/2018DELIVERED TO ASSEMBLY
06/19/2018referred to education
Go to top

S05992 Committee Votes:

Go to top

S05992 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S05992 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5992--B
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2017
                                       ___________
 
        Introduced  by  Sens. ROBACH, ADDABBO, AKSHAR, AVELLA, BROOKS, CARLUCCI,
          FUNKE, GALLIVAN, HAMILTON, HELMING -- read twice and ordered  printed,
          and  when  printed  to  be  committed to the Committee on Education --
          recommitted to the Committee on Education in  accordance  with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the education law, in relation to language development
          for deaf and hard of hearing students
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The education law is amended by adding a new section 4214
     2  to read as follows:
     3    § 4214. Language development for deaf and hard of hearing children. 1.
     4  The department  shall  select  language  developmental  milestones  from
     5  existing standardized norms, pursuant to the process specified in subdi-
     6  vision  four  of this section, for purposes of developing a resource for
     7  use by parents to monitor and track deaf and hard of hearing  children's
     8  expressive  and  receptive language acquisition and developmental stages
     9  toward English literacy. For the purposes  of  this  section,  the  term
    10  "language  developmental  milestones"  means  milestones  of development
    11  aligned with the existing state instrument used to meet the requirements
    12  of federal law for the assessment of children from birth to  five  years
    13  of age, inclusive. This parent resource shall:
    14    a.  Include the language developmental milestones selected pursuant to
    15  the process specified in subdivision four of this section;
    16    b. Be appropriate for use, in both content  and  administration,  with
    17  deaf children from birth to five years of age, inclusive, who use one or
    18  both  of  the  languages  of American sign language and English. For the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11515-05-8

        S. 5992--B                          2
 
     1  purposes of this section, "English"  includes  spoken  English,  written
     2  English, or English with the use of visual supplements;
     3    c.  Present  the developmental milestones in terms of typical develop-
     4  ment of all children, by age range;
     5    d. Be written for clarity and ease of use by parents;
     6    e. Be aligned  to  the  department's  existing  infant,  toddler,  and
     7  preschool  guidelines, the existing instrument used to assess the devel-
     8  opment of children with disabilities pursuant to federal law, and  state
     9  standards in English language arts;
    10    f.  Make  clear that the parent resource is not a formal assessment of
    11  language and literacy development, and that a parent's  observations  of
    12  their  children  may  differ from formal assessment data presented at an
    13  individualized family service plan or individualized  education  program
    14  meeting; and
    15    g.  Make clear that a parent may bring the parent resource to an indi-
    16  vidualized family service plan or individualized education program meet-
    17  ing for purposes of  sharing  their  observations  about  their  child's
    18  development.
    19    2.  The department shall also select existing tools or assessments for
    20  educators that can be used to assess the language and literacy  develop-
    21  ment  of  deaf  and  hard  of  hearing children. These educator tools or
    22  assessments:
    23    a. Shall be in a format that shows stages of language development;
    24    b. Shall be selected for use by educators to track the development  of
    25  deaf  and  hard  of hearing children's expressive and receptive language
    26  acquisition and developmental stages toward English literacy;
    27    c. Shall be selected from existing instruments or assessments used  to
    28  assess  the development of all children from birth to five years of age,
    29  inclusive;
    30    d. Shall be appropriate, in both content and administration,  for  use
    31  with deaf and hard of hearing children;
    32    e. May be used, in addition to the assessment required by federal law,
    33  by  the  child's  individualized  family  service plan or individualized
    34  education program team, as applicable, to track deaf and hard of hearing
    35  children's progress, and to establish or  modify  individualized  family
    36  service plans or individualized education program meeting plans; and
    37    f.  May  reflect  the recommendations of the advisory committee estab-
    38  lished pursuant to subdivision five of this section.
    39    3. a. The department shall disseminate the parent  resource  developed
    40  pursuant  to subdivision one of this section to parents and guardians of
    41  deaf and hard of hearing children, and, pursuant to federal  law,  shall
    42  disseminate  the  educator  tools  and  assessments selected pursuant to
    43  subdivision two of this section to local educational agencies for use in
    44  the development and modification of individualized family service  plans
    45  or  individualized  education program plans, and shall provide materials
    46  and training on its use, to assist deaf and hard of hearing children  in
    47  becoming  linguistically ready for kindergarten using one or both of the
    48  languages of American sign language and English.
    49    b. If a deaf or hard of hearing child does not demonstrate progress in
    50  expressive and receptive language skills, as  measured  by  one  of  the
    51  educator  tools  or  assessments selected pursuant to subdivision two of
    52  this section, or by the existing instrument used to assess the  develop-
    53  ment  of children with disabilities pursuant to federal law, the child's
    54  individualized family service plan or individualized  education  program
    55  team,  as  applicable, shall, as part of the process required by federal
    56  law, explain in detail the reasons why the  child  is  not  meeting  the

        S. 5992--B                          3
 
     1  language developmental milestones or progressing towards them, and shall
     2  recommend  specific  strategies,  services,  and  programs that shall be
     3  provided to assist the child's success toward English literacy.
     4    4.  a. On or before March first, two thousand nineteen, the department
     5  shall provide the advisory committee established pursuant to subdivision
     6  five of this section with a  list  of  existing  language  developmental
     7  milestones  from  existing  standardized  norms, along with any relevant
     8  information held by the department  regarding  those  language  develop-
     9  mental  milestones  for possible inclusion in the parent resource devel-
    10  oped pursuant to subdivision one of this section. These language  devel-
    11  opmental  milestones  shall  be  aligned  to  the  department's existing
    12  infant, toddler, and preschool guidelines, the existing instrument  used
    13  to  assess  the  development  of  children with disabilities pursuant to
    14  federal law, and the state standards in English language arts.
    15    b. On or before  June  first,  two  thousand  nineteen,  the  advisory
    16  committee   shall   recommend   language  developmental  milestones  for
    17  selection pursuant to subdivision one of this section.
    18    c. On or before June thirtieth, two thousand nineteen, the  department
    19  shall  inform  the  advisory  committee  of which language developmental
    20  milestones were selected from such recommendations.
    21    5. a. The commissioner shall establish an ad  hoc  advisory  committee
    22  for  purposes  of  soliciting  input  from  experts  on the selection of
    23  language developmental milestones for children who are deaf or  hard  of
    24  hearing  that  are  equivalent to those for children who are not deaf or
    25  hard of hearing, for inclusion in the parent resource developed pursuant
    26  to subdivision one of this section. The advisory committee may also make
    27  recommendations on the selection  and  administration  of  the  educator
    28  tools  or  assessments  selected  pursuant  to  subdivision  two of this
    29  section.
    30    b. The advisory committee shall consist of  thirteen  volunteers,  the
    31  majority of whom shall be deaf or hard of hearing, and all of whom shall
    32  be  within  the field of education for the deaf and hard of hearing. The
    33  advisory committee shall include all of the following:
    34    (1) One parent of a child who is deaf or hard of hearing who uses  the
    35  dual languages of American sign language and English;
    36    (2) One parent of a child who is deaf or hard of hearing who uses only
    37  spoken English, with or without visual supplements;
    38    (3)  One  credentialed  teacher of deaf and hard of hearing pupils who
    39  uses the dual languages of American sign language and English;
    40    (4) One credentialed teacher of deaf and hard of hearing pupils from a
    41  state certified nonpublic, nonsectarian school;
    42    (5) One expert who researches language outcomes for deaf and  hard  of
    43  hearing children using American sign language and English;
    44    (6)  One  expert who researches language outcomes for deaf and hard of
    45  hearing children using spoken English, with or  without  visual  supple-
    46  ments;
    47    (7)  One credentialed teacher of deaf and hard of hearing pupils whose
    48  expertise is in curriculum and instruction in American sign language and
    49  English;
    50    (8) One credentialed teacher of deaf and hard of hearing pupils  whose
    51  expertise  is  in  curriculum and instruction in spoken English, with or
    52  without visual supplements;
    53    (9) One advocate for the teaching and use of  the  dual  languages  of
    54  American sign and English;
    55    (10)  One advocate for the teaching and use of spoken English, with or
    56  without visual supplements;

        S. 5992--B                          4

     1    (11) One early intervention specialist who works with deaf and hard of
     2  hearing infants and toddlers using the dual languages of  American  sign
     3  language and English;
     4    (12) One credentialed teacher of deaf and hard of hearing pupils whose
     5  expertise  is in American sign language and English language assessment;
     6  and
     7    (13) One speech pathologist from spoken English, with or  without  the
     8  use of visual supplements.
     9    6.  The advisory committee established pursuant to subdivision five of
    10  this section may also advise the department or  its  contractor  on  the
    11  content and administration of the existing instrument used to assess the
    12  development  of  children  with disabilities pursuant to federal law, as
    13  used to assess deaf and hard of hearing children's language and literacy
    14  development to ensure the appropriate use of that instrument with  those
    15  children,  and  may  make  recommendations  regarding future research to
    16  improve the measurement of progress of deaf and hard of hearing children
    17  in language and literacy.
    18    7. Commencing on or before July thirty-first, two  thousand  nineteen,
    19  and on or before each July thirty-first thereafter, the department shall
    20  annually  produce  a  report, using existing data reported in compliance
    21  with the federally required state performance plan on pupils with  disa-
    22  bilities,  that is specific to language and literacy development of deaf
    23  and hard of hearing children from birth to five years of age, inclusive,
    24  including those who are deaf or hard of hearing and have other disabili-
    25  ties, relative to their peers who are not deaf or hard of  hearing.  The
    26  department shall make this report available on the department's website.
    27    8. All activities of the department in implementing this section shall
    28  be  consistent with federal law regarding the education of children with
    29  disabilities and federal law regarding the privacy of pupil information.
    30    9. This section shall apply only to children from birth to five  years
    31  of age, inclusive.
    32    10.  The  implementation of this section shall be subject to an appro-
    33  priation made therefor.
    34    § 2. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law.
Go to top