BP BHEAD INT S

AN ACT Relating to individualized education programs for deaf, deaf-blind, and hard of hearing children; adding new sections to chapter 28A.155 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this act is to promote understanding of communication needs and not to favor any one particular communication mode or language over another.

NEW SECTION. Sec. 2. (1) The office of superintendent of public instruction shall establish policies, programs, and rules to be disseminated to all school districts and other local educational agencies that promote the education of deaf, deaf-blind, and hard of hearing children and that recognizes the following:

(a) That deafness involves the most basic of human needs, the ability to acquire language and to communicate with other human beings. Many deaf and hard of hearing children use, as their primary language, American sign language, while others express and receive communication through English-based sign language, or orally and aurally, with or without visual signs or cues. Still other young deaf, deaf-blind, and hard of hearing children lack any functional language skills. Deaf, deaf-blind, and hard of hearing children require educational programs that provide appropriate, ongoing, and communicatively and linguistically accessible educational opportunities;

(b) That deaf, deaf-blind, and hard of hearing children have an education in which each individual child's unique language or communication mode is respected, used, and developed to an appropriate level of proficiency;

(c) That deaf, deaf-blind, and hard of hearing children have an education in which special education teachers, audiologists, language specialists, psychologists, speech therapists, administrators, interpreters, appropriate adult deaf, deaf-blind, and hard of hearing role models, and other personnel understand the unique nature of deafness. Special education teachers and interpreters who work with deaf, or deaf-blind students, are specifically trained to work with and are proficient in the primary language or communication mode of those children;

(d) That deaf, deaf-blind, and hard of hearing children have an education with a sufficient number of language or communication mode peers who are of the same or approximately the same age and ability level and with whom the children can communicate directly, or as appropriate through the use of certified educational interpreters;

(e) That parents of deaf, deaf-blind, and hard of hearing children, advocates, deaf adults, teachers and professionals trained in the area of deafness assist and be involved in determining the extent, content, and purpose of this program;

(f) That deaf, deaf-blind, and hard of hearing children have direct and full access to all components of the educational process, including recess, lunch, and extracurricular social and athletic activities;

(g) That deaf, deaf-blind, and hard of hearing children are entitled to participate in programs in which their unique vocational needs are provided for; and

(h) That a determination of the least-restrictive environment as used in state and federal law take into consideration the most effective language and communication methods of deaf, deaf-blind, and hard of hearing children.

(2) As used in this section, the following definitions apply:

(a) "Communication mode and language" refer to the individual child's communication mode of language, whether oral, manual, or a combination of oral and manual, or tactile, close visual aids, Braille, assistive listening devices, and hearing aids.

(b) A "certified educational sign language/oral interpreter" is a person who has been awarded certification by the office of superintendent of public instruction in accordance with accepted and established professional interpreting and transliterating standards as provided by or under the guidance of the office of deaf and hard of hearing services.

(c) A "certified educational interpreter" is a person who has demonstrated, among other established requirements, the following:

(i) A thorough knowledge and respect for deaf culture;

(ii) Compliance with the register of interpreters for the deaf's code of ethics as applicable to educational sign language interpreters and transliterators;

(iii) Fluent expressive and receptive sign language skills; and

(iv) A thorough knowledge of subject-area sign language skills and abilities.

NEW SECTION. Sec. 3. The individualized education program for a deaf, deaf-blind, or hard of hearing child shall consider the specific communication needs of the pupil, including all of the following:

(1) The pupil's individual communication mode and language;

(2) That competent numbers of age and cognitive and language peers of similar abilities be grouped together, however, this may not be construed to require that a specific number of peers be provided;

(3) Full, direct, and ongoing language access to special education teachers and interpreters and other specialists who are proficient in the pupil's primary language mode;

(4) Full communication accessibility during school, after school in extracurricular activities, and during any meeting pertaining to the child's school experience; and

(5) That parents of deaf, deaf-blind, and hard of hearing children may include an advocate and may make the final decision during the individualized education program meeting on placement and the program for their child.

NEW SECTION. Sec. 4. In considering placement and the least-restrictive environment for a deaf, deaf-blind, or a hard of hearing child, the individualized education program team shall consider the unique communications needs of the child as provided in section 3 of this act. In making that determination, the individualized education program team shall consider particularly those program options that provide the pupil with an appropriate and equal opportunity for communication access, including the Washington school for the deaf, which may be the least-restrictive environment for a deaf, deaf-blind, or hard of hearing child.

NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 28A.155 RCW.