Public Act 0658 104TH GENERAL ASSEMBLY

HB1783 Enrolled LRB104 09258 LNS 19316 b

Public Act 104-0658

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Language Equality Acquisition for Deaf, Hard of Hearing, or DeafBlind Children Act.

Section 5. Findings and goal.

(a) The General Assembly finds that there is an urgent and substantial need to do all of the following:

(1) Develop a State-recognized language needs and monitoring program for deaf, hard of hearing, or DeafBlind children with language and communication developmental milestones to assist parents, guardians, and educators in determining the language and communication needs and goals of deaf, hard of hearing, or DeafBlind children.

(2) End language deprivation in children who are deaf, hard of hearing, or DeafBlind through proper assessment, monitoring, and tracking of language and communication developmental milestones.

(3) Provide access to primary languages to be used at home, including, but not limited to, American Sign Language, English, or Protactile, all of which are essential in the development of cognition, communication, literacy, and language in deaf, hard of hearing, or DeafBlind children and in enhancing preschool and kindergarten readiness.

(4) Maximize resources associated with early intervention services by ensuring deaf, hard of hearing, and DeafBlind children have the necessary language foundation to communicate, learn, and achieve their maximum potential.

(5) Enhance deaf, hard of hearing, or DeafBlind, children's independence, linguistic proficiency, productivity, and socialization with peers, family, and the community, as well as maximize the potential for these children to thrive in childhood, adolescence, and adulthood.

(b) The General Assembly declares that the goal of this State is for deaf, hard of hearing, or DeafBlind children to enter public and nonpublic schools in this State prepared for learning, able to communicate with peers and staff, and with access to resources to help these children succeed.

Section 10. Definitions. As used in this Act:

"Advisory committee" means the advisory committee established under Section 25.

"American Sign Language" means a complete, visual, and manual sign language with its own grammar and syntax that is used by many deaf or hard of hearing individuals.

"Communication" means the process of exchanging information between individuals or groups that involves the transmission of ideas, feelings, or facts from one person, the sender, to another, the receiver, and may be verbal or nonverbal and plays a crucial role in human interaction.

"DeafBlind" means concomitant hearing and vision impairments, the combination of which causes such significant communication, developmental, or educational needs that they cannot be accommodated solely for children with deafness or low-vision blindness.

"English" means a method of human communication consisting of the use of English words in a structured and conventional way, including spoken English, written English, and English with or without the use of visual or tactile supplements or dual language services.

"English literacy" means the ability to read and write in English.

"Kindergarten readiness" means language, communication, early reading and math literacy, and social skills development for each language of the home that is consistent with age-related peers by kindergarten.

"Language" means the age-appropriate development of human communication, spoken, written, or signed, consisting of the use of words and signs in a structured and conventional way.

"Language and communication developmental milestones" means milestones of development measured by validated instruments used to meet the requirements of federal law for the assessment of children from birth to 5 years of age.

"Protactile" means the value of touch-based interactions for the purposes of communication for individuals who are DeafBlind that has its own grammar and syntax and that allows for individuals to connect with the world around them and fosters greater independence for those with multisensory impairments.

Section 15. Applicability.

(a) This Act applies to children from birth to 5 years of age.

(b) This Act is subject to appropriation.

Section 20. Language needs and monitoring program for deaf, hard of hearing, or DeafBlind children.

(a) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall establish a language needs and monitoring program for deaf, hard of hearing, or DeafBlind children. The scope of the program shall include language and communication developmental milestones in American Sign Language, English, Protactile, or the primary language used in the home. The purpose of the program is to assess, monitor, and track the language and communication developmental milestones of children who are deaf, hard of hearing, or DeafBlind and develop a resource for use by parents and guardians to monitor and support deaf, hard of hearing, or DeafBlind children's expressive and receptive language acquisition and developmental stages toward English literacy and kindergarten readiness.

(b) The resource developed under subsection (a) shall:

(1) consider the language and communication developmental milestones recommended by the advisory committee;

(2) be appropriate for use, in both content and administration, with deaf, hard of hearing, or DeafBlind children who use American Sign Language, English, Protactile, or the primary language used in the home;

(3) include and present evidence-based language and communication developmental milestones for typically developing children, by age range; language and communication development milestones shall be aligned with this State's infant, toddler, preschool-age, and school-age guidelines, as well as federal laws and State standards in English language arts and related programs;

(4) be provided in English, American Sign Language, Protactile, and the primary language used in the home for clarity and ease of use by parents, guardians, health care professionals, interventionists, and educators;

(5) be consistent with State and federal guidelines on early intervention, identification, diagnosis, and early childhood education;

(6) inform parents and guardians of their right to choose their preferred language that will be used to communicate and provide a language-rich learning environment for their child, including English, American Sign Language, Protactile, or the primary language used in the home;

(7) inform parents and guardians that they may bring the resource to an individualized family service plan, individualized education program, or federal Section 504 plan meeting for purposes of supporting their choices and observations regarding their child's language and communication development; the resource shall include evidence-based and comprehensive information about American Sign Language, English, Protactile, or the primary language used in the home, as well as available services and programs; and

(8) make clear that the resource is a checklist of language and communication developmental milestones that has been created from evidence-based resources and completed by a parent or guardian and professionals together and may have similarities and differences from standardized testing presented at an individualized family service plan, individualized education program, or federal Section 504 plan meeting; the parent or guardian shall be made aware that the school district is not required to use the resources, language and communication developmental milestones, or specific assessments in this subsection and subsection (a) that are recommended by the advisory committee for the purpose of developing the individualized family service plan, individualized education program, or federal Section 504 plan.

(c) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall consult with subject matter experts on the advisory committee in selecting from lists of validated tools or assessments for interventionists and educators to be used in the assessment of language, communication, and preliteracy development for deaf, hard of hearing, or DeafBlind children, in accordance with assessment requirements under the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. The selection of the tools or assessments shall:

(1) be in a format that shows language and communication developmental milestones;

(2) take into consideration the recommendations of the advisory committee to measure the development of deaf, hard of hearing, or DeafBlind children's expressive and receptive language acquisition and language and communication developmental milestones toward literacy;

(3) be selected from a list of tools or assessments used to assess the development of all children; and

(4) be appropriate, in both content and administration, for use with deaf, hard of hearing, or DeafBlind children.

The tools or assessments may be used, in addition to the assessments required by federal law, by a child's individualized family service plan or individualized education program, as applicable, to track a deaf, hard of hearing, or DeafBlind child's progress and to establish or modify an individualized family service plan or individualized education program. Children with federal Section 504 plans shall be assessed to ensure appropriate services are provided. The tools or assessments may reflect the recommendations of the advisory committee.

(d) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall disseminate the resource developed under subsection (a) to the parents or guardians of deaf, hard of hearing, or DeafBlind children and, pursuant to federal law, the Department of Human Services shall disseminate the tools and assessments selected under subsection (c) to early intervention entities and school districts for consideration in the development and modification of individualized family service plans, individualized education programs, and federal Section 504 plans.

(e) The Department of Human Services shall make available to parents and guardians materials and training on the tools, assessments, and resources for deaf, hard of hearing, or DeafBlind children.

(f) Beginning on July 1, 2028, an annual language assessment shall be offered to the parent or guardian of each child who is deaf, hard of hearing, or DeafBlind, in accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. The language assessment shall be administered by a credentialed or licensed professional who meets the qualifications established by the test developer and demonstrates proficiency in the language being assessed.

A deaf, hard of hearing, or DeafBlind newborn child shall be screened by the time the child turns one month old, diagnosed no later than 3 months of age, and referred to an early intervention program by the time the child turns 6 months old. Following the referral to an early intervention program, the initial evaluation, assessment, and individualized family service plan meeting shall occur within 45 days. Services shall begin no later than 30 days after the consent of the parent or guardian is obtained as required by the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act.

A deaf, hard of hearing, or DeafBlind child with late onset hearing loss shall be diagnosed no later than 3 months after a suspected hearing loss and immediately referred to services after diagnosis.

If a deaf, hard of hearing, or DeafBlind child is referred to an early intervention program, a formal assessment shall be offered, in person or virtually, by a developmental therapist-hearing or discipline-specific credentialed provider upon program entry and at yearly intervals, in accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. Developmental therapists-hearing and discipline-specific credentialed providers shall be expected to refer out as appropriate for children whose primary language is American Sign Language or Protactile to ensure assessments of children are completed by individuals with the ability to accurately conduct such assessments.

A deaf, hard of hearing, or DeafBlind child entering school with an individualized education program or federal Section 504 plan shall receive a formal assessment implemented by a licensed teacher of the deaf or discipline-specific licensed teacher. Licensed teachers of the deaf or discipline-specific licensed teachers shall be expected to refer out as appropriate for children whose primary language is American Sign Language or Protactile to ensure assessments of children are completed by those individuals with the ability to accurately conduct such assessments.

The advisory committee shall recommend the criteria that may be used to identify those individuals who are qualified to conduct accurate American Sign Language or Protactile assessments.

In accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act, if a deaf, hard of hearing, or DeafBlind child does not demonstrate progress in expressive and receptive language skills, the child's individualized family service plan, individualized education program, or federal Section 504 plan team shall be responsible for identifying areas not meeting or progressing toward the language and communication developmental milestones. Data collected on children with disabilities in addition to hearing loss, nonnative English speakers, and children with unilateral or bilateral hearing loss shall be extrapolated and analyzed independently to ensure data efficacy is not compromised. The individualized family service plan, individualized education program, or federal Section 504 plan team, including the parents or guardians, shall consider specific strategies, services, and programs to assist the child's success toward learning the child's parent's or guardian's preferred language. A follow-up meeting shall be scheduled within 30 to 60 days or as deemed appropriate by the individualized family service plan, individualized education program, or federal Section 504 plan team to determine the effects of the recommendations.

(g) All activities in implementing this Section shall be consistent with federal and State law regarding the education of children with disabilities and the privacy of pupil information.

Section 25. Advisory committee.

(a) An advisory committee on language needs and monitoring shall be established. The advisory committee shall be composed of subject matter experts, consumers, and parents or guardians supporting deaf, hard of hearing, or DeafBlind children.

(b) The advisory committee shall consist of all of the following voting members, each appointed by the Secretary of Human Services, in consultation with the Illinois School for the Deaf and the Deaf and Hard of Hearing Commission:

(1) One parent or guardian of a child who (i) is 18 years of age or younger at the time of the appointment, (ii) is deaf, hard of hearing, or DeafBlind, and (iii) uses the dual languages of American Sign Language and English.

(2) One parent or guardian of a child who (i) is 18 years of age or younger at the time of the appointment, (ii) is deaf, hard of hearing, or DeafBlind, and (iii) uses primarily spoken English, without sign support.

(3) One expert on language outcomes for deaf and hard of hearing children who use American Sign Language and the English language.

(4) One licensed teacher of deaf and hard of hearing children from a spoken English-only school or one expert on language outcomes for deaf and hard of hearing children using spoken English, with or without visual supplements.

(5) One licensed teacher of deaf and hard of hearing children whose expertise is in curriculum and instruction in American Sign Language and English, with or without visual supplements, or one licensed teacher of deaf and hard of hearing children whose expertise is in American Sign Language and English language assessments, with or without visual supplements.

(6) A psychologist with expertise in assessing deaf and hard of hearing children who use or are fluent in American Sign Language and English.

(7) One developmental therapist-hearing who works with deaf and hard of hearing infants and toddlers who use the dual languages of American Sign Language and the English language.

(8) One licensed speech-language pathologist who has expertise in working with children and who uses listening and spoken language methodologies.

(9) One licensed speech-language pathologist who has expertise in working with children who use American Sign Language.

(10) One deaf person who represents the deaf community.

(11) One DeafBlind individual, specialist, or educator whose expertise is in DeafBlind advocacy or education.

(12) One licensed teacher of deaf and hard of hearing children who also has significant experience in working with deaf, hard of hearing, or DeafBlind children with other educational disabilities.

(13) One licensed pediatric audiologist with working knowledge of American Sign Language and English.

(c) The advisory committee shall consist of all of the following ex officio, nonvoting members:

(1) The State Superintendent of Education or the State Superintendent's designee.

(2) The Director of the Deaf and Hard of Hearing Commission or the Director's designee.

(3) The Secretary of Early Childhood or the Secretary's designee.

(4) The Director of Public Health or the Director's designee.

(5) The Superintendent of the Illinois School for the Deaf or the Superintendent's designee.

(6) The Secretary of Human Services or the Secretary's designee.

The ex officio, nonvoting members shall provide support to the advisory committee.

(d) The Secretary of Human Services, in consultation with the Illinois School for the Deaf and the Deaf and Hard of Hearing Commission, shall select a chairperson from among the voting appointed members. The Department of Human Services shall call an inaugural meeting of the advisory committee within 120 days of the effective date of this Act. The advisory committee may meet at any time in person or virtually at the call of the chairperson.

(e) Members of the advisory committee shall serve without compensation or travel reimbursement. Communication access accommodations, such as interpreters and captioning, must be provided at all meetings to ensure full participation.

(f) A quorum of the advisory committee shall consist of a simple majority of the members of the advisory committee, voting and nonvoting. All actions and recommendations of the advisory committee must be approved by an advisory committee vote of the members appointed.

(g) Any vacancy in the advisory committee shall be filled in the same manner as the original appointment.

(h) The Department of Human Services shall provide the advisory committee with administrative support.

(i) On or before December 31, 2027, the advisory committee shall submit to the Department of Human Services specific, recommended action plans, timelines, anticipated costs, and proposed rules necessary to fully implement language and communication tools, assessments, and resources. The advisory committee may:

(1) solicit input from experts on the selection of language and communication developmental milestones related to the resources, tools, and assessments;

(2) review and monitor the use of language and communication assessments for children who are deaf, hard of hearing, or DeafBlind;

(3) recommend criteria for qualified American Sign Language and English experts who can support the initial and periodic individualized family service plan, individualized education program, or federal Section 504 plan team meetings; and

(4) recommend methods for documenting, monitoring, and submitting to all State agencies, child-specific information on language and communication assessment results, language and communication developmental milestones, assessment tools, and the progress of a child.

The periodic assessment results and longitudinal progress ultimately implemented by the Department of Human Services, considering the recommendations of the advisory committee and in consultation with the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall be made available on the child-specific level to each State agency and to the parent or guardian of the child, teachers, and other professionals involved in the early intervention and education of the child.

(j) The specific recommended action plans and proposed rules developed by the advisory committee shall include, but are not limited to, all of the following:

(1) Language and communication assessments that include child-specific data collection and timely tracking in a statewide data system of a child's development to provide information about the child's receptive and expressive language compared to the child's typically developing, age-related peers who are not deaf, hard of hearing, or DeafBlind.

(2) Language and communication assessments conducted in accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act, as well as standardized procedures and timelines to monitor and track language and communication developmental milestones in both receptive and expressive language acquisition by language and communication developmental milestones toward kindergarten readiness for all children who are deaf, hard of hearing, or DeafBlind.

(3) Language and communication assessments delivered in American Sign Language, English, Protactile, or the primary language used in the home that have been validated for the specific purposes for which each assessment is used and appropriately normed.

Language and communication assessments shall be administered by individuals who are proficient and have expertise in the language and communication developmental stages of American Sign Language, English, Protactile, or the primary language used in the home.

Language and communication assessment results may be used to guide individualized family service plan, individualized education program, or federal Section 504 plan teams for the purpose of reviewing a child's progress in language and communication development.

Language and communication assessment results shall be reported to the parent or guardian of a child. Child-specific data, in accordance with federal and State laws, shall be reported to the Department of Human Services, which shall ensure it is available to appropriate staff at the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health. One designated State agency shall publish annual reports related to this Act.

Language and communication assessment results shall be reported annually to the child's individualized family service plan, individualized education program, or federal Section 504 plan team to assist the individualized family service plan, individualized education program, or federal Section 504 plan team in ensuring that appropriate language and communication development remains a priority and continues to be monitored.

(k) This Section is repealed on January 1, 2028.

Section 30. Joint action plan on deaf, hard of hearing, or DeafBlind children. On or before July 1, 2028, the Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall publish a joint action plan that considers the recommendations of the advisory committee and may propose legislation and rules necessary to implement this Act. The joint action plan may include recommendations on all of the following:

(1) Evidence-based and research-supported tools to help identify deaf, hard of hearing, or DeafBlind children.

(2) The development of evidence-based resources and training for parents, guardians, health care providers, interventionists, and educators about State resources available to deaf, hard of hearing, or DeafBlind children of school age.

(3) Ways to connect deaf, hard of hearing, or DeafBlind adults with families supporting children in need of support.

(4) Training and resources for physicians and other health care providers on how to connect deaf, hard of hearing, or DeafBlind children and their parents or guardians to resources and support.

Section 35. Reporting. On or before January 1, 2030 or 2 years after the tools and assessments under Section 20 are implemented, whichever is later, the Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall publish aggregate deidentified data on (i) the number of children from birth to 3 years of age who have been diagnosed as deaf, hard of hearing, or DeafBlind, (ii) the number and scope of individualized education programs written for children aged 3 to 5 years who are enrolled in public preschool programs and who are deaf, hard of hearing, or DeafBlind, and (iii) the number and scope of individualized education programs for children in kindergarten and first grade who are deaf, hard of hearing, or DeafBlind. The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, may add additional data reporting recommendations. The data must be shared within the requirements of the federal Family Educational Rights and Privacy Act of 1974, the Illinois School Student Records Act, and the Personal Information Protection Act.

Section 40. Information sharing.

(a) For the purposes of documentation and the coordination of medical care, intervention, or educational services, the Department of Human Services, the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health may, after obtaining consent, share screening, diagnosis, intervention, education, assessment, and monitoring information with other State agencies or a child's parent or guardian.

(b) For the purposes of documentation and the coordination of medical care, intervention, or educational services, the Department of Human Services, the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health may, after obtaining consent, share screening, diagnosis, intervention, education, assessment, and monitoring information in accordance with applicable State and federal laws. Medical care facilities, health care providers, early interventionists, local health departments, and the University of Illinois at Chicago Division of Specialized Care for Children may submit relevant information or reports about newborn, infant, and child screening, diagnosis, intervention, education, assessment, or follow-up services for those services provided. To the extent practicable, reporting shall be done as soon as possible after the date of service or an inquiry from a State agency. Reports shall be in a format determined by the reporting State agency.

(c) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, may exchange, in adherence with confidentiality and nondisclosure requirements, child-specific data for children who are deaf, hard of hearing, or DeafBlind only in order to support children and their families and assist in the transition and continuity of care and for the purposes of this Act.

(d) Except in cases of willful or wanton misconduct, no health care provider, hospital, or medical facility acting in compliance with this Section is civilly or criminally liable for any act performed in compliance with this Section, including furnishing information required under this Section.

Section 90. Rulemaking. The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, may adopt any rules necessary to implement this Act.

Section 99. Effective date. This Act takes effect upon becoming law.