Bill Text: MI HB5159 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; special; deaf, deafblind, and hard-of-hearing children's educational bill of rights; create. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1705a. TIE BAR WITH: HB 5158'17

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-10-24 - Bill Electronically Reproduced 10/19/2017 [HB5159 Detail]

Download: Michigan-2017-HB5159-Introduced.html

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HOUSE BILL No. 5159

 

 

October 19, 2017, Introduced by Reps. Phelps, Howrylak, Chang, Lucido, LaGrand, Lasinski, Zemke, Hertel, Sneller, Gay-Dagnogo, Geiss, Howell, Calley and Love and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1705a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1705a. (1) To ensure that every deaf, deafblind, or hard-

 

of-hearing child has the same opportunity as any other child in

 

this state to achieve his or her educational growth potential and

 

to become a fully participatory member of society, the department

 

shall promote communication-mode- and language-driven practices,

 

policies, services, and programs in order to provide deaf,

 

deafblind, and hard-of-hearing children the following resources and

 

experiences:

 

     (a) Quality, ongoing, and fluid language and communication

 

modes in the classroom.

 

     (b) An educational environment that offers services based on a

 

child's unique communication mode, language, and educational needs,

 

consistent with section 614 of the individuals with disabilities

 

education act, 20 USC 1414.

 

     (c) Teachers, administrators, and program or service providers

 

who understand the individual experiences of children who are deaf,

 

deafblind, or hard of hearing and have training that facilitates

 

spontaneous and fluid communication modes and language with those

 

children.

 

     (d) An educational environment in which there are sufficient

 

age-appropriate peers and adults present to spontaneously and

 

fluidly interact with a deaf, deafblind, or hard-of-hearing child.

 

     (e) Direct and appropriate access to the general education

 

curriculum and all aspects of the education experience, including,

 

but not limited to, recess, lunch, extracurricular activities, and

 

other social or athletic activities.

 

     (f) Programs focused on transition planning, as described

 

under section 614 of the individuals with disabilities education

 

act, 20 USC 1414.

 

     (g) Resources that provide a deaf, deafblind, or hard-of-

 

hearing child's family with accurate and complete information

 

regarding the child's educational, language, and communication mode

 

needs and all program options and with access to support and

 

advocacy services from public and private agencies, departments,

 

and institutions that are knowledgeable about hearing loss and the

needs of children who are deaf, deafblind, or hard of hearing.

 

     (2) The department shall develop or adopt and make available

 

to school districts, public school academies, and intermediate

 

school districts a model worksheet detailing all language and

 

communication mode considerations, consistent with 34 CFR

 

300.324(a)(2)(iv), for the purpose of enhancing the development of

 

deaf, deafblind, or hard-of-hearing children's individualized

 

educational programs.

 

     (3) To the extent consistent with federal law, a school

 

district or other person responsible for administering a deaf,

 

deafblind, or hard-of-hearing child's individualized family service

 

plan for a child from birth to age 3 or individualized education

 

program for a child 3 years old and older shall provide programs

 

and services to the child that maximize his or her potential in

 

language and communication mode.

 

     (4) A state agency, institution, or department involved in

 

early intervention and early childhood and K-12 education of deaf,

 

deafblind, or hard-of-hearing children is encouraged to develop

 

specific guidelines establishing how that state agency,

 

institution, or department is able to contribute to the following

 

objectives:

 

     (a) Providing every deaf, deafblind, and hard-of-hearing child

 

an educational environment that meets the child's language and

 

communication mode needs and includes early, continuous, and

 

quality access to planned and incidental language and communication

 

mode opportunities.

 

     (b) Implementing practices, policies, services, and programs

that are aligned with the department's obligations under this

 

section.

 

     (5) In effectuating the objectives of this section, the

 

department and, if applicable, another state department, agency, or

 

institution shall recognize and respect that under section 1705 a

 

parent or legal guardian has sole discretion to determine which

 

language and communication mode option or options are best to

 

further his or her deaf, deafblind, or hard-of-hearing child's

 

educational progress.

 

     (6) As used in this section, "communication mode",

 

"individualized educational program", "individualized family

 

service plan", and "language" mean those terms as defined in

 

section 1705.

 

     (7) This section shall be known and may be cited as the "deaf,

 

deafblind, and hard-of-hearing children's educational bill of

 

rights law".

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

00160'17 *) of the 99th Legislature is enacted into law.