Read 1st time March 30, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 162, RSMo, relating to school districts by adding thereto five new sections relating to the office of deaf education.
Section A. Chapter 162, RSMo, is amended by adding thereto five new sections, to be known as sections 162.1200, 162.1202, 162.1204, 162.1206 and 162.1208, to read as follows:
162.1200. As used in sections 162.1200 to 162.1208, the following terms mean:
(1) "American sign language" or "ASL", a visual-gestural, nonverbal form of communication with its own syntax and grammar, which differs from English;
(2) "Appraisal", an evaluation of a child's current level of performance in the context of cognitive skills and the ability to master academic skills of literacy such as reading, comprehension, composition and mathematics;
(3) "Auditory-oral", an approach to education of deaf students that uses auditory training and speech reading;
(4) "Auditory-verbal", an approach to education of deaf students that pursues medical and audiologic management, including selection, modification, and maintenance of appropriate hearing aids, cochlear implants or other sensory aids; helps students integrate listening into their development of communication and social skills; involves parents as a major component of instruction; and uses listening as the primary method of receptive communication;
(5) "Bilingual-bicultural with ASL", an approach to education of deaf students that uses ASL as the primary method of instruction and communication, with English also taught to give the student a bilingual capability. Bicultural refers to teaching the student about both deaf culture and hearing culture;
(6) "Cued speech", an approach to education of deaf students that allows access to spoken English through a system of hand shapes made near the face to assist in lip-reading. The cues are phonemically based;
(7) "Deaf", hearing impairment with loss so severe that it precludes the use of the auditory channel as the primary means of developing speech and language skills. For the purposes of sections 162.1200 to 162.1208 deaf shall include "hearing-impaired" unless the context makes clear that deaf should be narrowly construed;
(8) "Eligible student", any deaf child eligible for services through an IEP or IFSP;
(9) "Hearing-impaired", any type or degree of hearing loss that has caused an educational deficit;
(10) "IEP" and "IFSP", individualized education plan and individualized family service plan, as defined in Title 34, Part 300, Subpart A of the Code of Federal Regulations, as amended;
(11) "Literacy", an ability to read, write, communicate, compute and solve problems at levels of proficiency necessary to function on the job and independently, to achieve one's goals and develop one's knowledge and potential;
(12) "Signing exact English", a form of sign language using signs to exactly represent English;
(13) "Total communication with signing exact English", an approach to education of deaf students that provides auditory and visual information in combination by providing appropriate amplification, and uses listening, speech reading and signing exact English.
162.1202. 1. The division of special education within the department of elementary and secondary education shall establish an "Office of Deaf Education". The mission of the office of deaf education shall be to improve the literacy and educational and vocational performance of students with hearing impairments. In addition to other objectives, the office of deaf education shall develop and coordinate regional schools and resource centers for deaf students.
2. A task force on deaf education and literacy shall be created to advise the office of deaf education. This task force shall develop goals, objectives and recommendations to guide the improvement of education of the deaf, related services, vocational training, transition from school to work, transition from school to college, rehabilitation services, independent living and employment outcomes for eligible students. The task force shall also recommend to the coordinating board for higher education improvements in existing programs or creation of new programs to prepare teachers of the deaf, interpreters, audiologists, speech language specialists and other personnel who work with deaf students. The task force shall also recommend to the department of elementary and secondary education any changes to certification requirements or categories of certification areas related to education for deaf students. The task force may also recommend student-teacher ratios for programs provided by regional schools. The task force shall be composed of the following members:
(1) One deaf adult who communicates with speech;
(2) One deaf adult who communicates with ASL;
(3) One parent of a deaf child using the auditory-oral method of instruction;
(4) One parent of a deaf child using the auditory-verbal method of instruction;
(5) One parent of a deaf child using cued speech;
(6) One parent of a deaf child using signing exact English;
(7) One parent of a deaf child using ASL;
(8) A representative from the Missouri school for the deaf;
(9) A representative from a private school for the deaf in Missouri;
(10) A representative from a public school in Missouri that provides services to deaf students;
(11) A representative from a cochlear implant center in Missouri;
(12) A Missouri representative from the National Association of the Deaf;
(13) A Missouri representative from the Alexander Graham Bell Association for the Deaf and Hard-of-Hearing;
(14) A representative from a college or university in Missouri that provides bachelor's or master's programs in deaf education;
(15) The executive director of the Missouri commission for the deaf;
(16) A Missouri member of the American Society for Deaf children;
(17) A Missouri member of Auditory-Verbal International;
(18) A Missouri member of the National Cued Speech Association; and
(19) An audiologist.
3. The office of deaf education shall develop and coordinate regional schools and resource centers for the deaf aligned with each regional professional development center. Nothing in sections 162.1200 to 162.1208 shall require locating a school or resource center at the same site as a regional professional development center.
4. Each regional school and resource center shall establish instructional programs at regional schools, local schools, homes, or other appropriate settings. The methodologies of auditory-verbal, auditory-oral, cued speech, total communication using signing exact English, and bilingual-bicultural using ASL shall initially be the options for deaf children from birth through the sixth grade. Other methodologies in deaf education may be provided. Based upon the annual survey pursuant to section 162.1204, the office of deaf education may add or remove methodologies offered at any regional school or resource center according to demand, but no methodology that has a demand of one or more students may be removed.
5. The office of deaf education shall, as part of the annual deaf child identification count, determine the preferred methodology for the following school year for those students who are eligible and who plan to attend or be served by the regional school and resource center. Based upon this data, the office of deaf education may adjust the methodologies at any regional school or resource center according to the demand on behalf of eligible students. The office of deaf education may also adjust the staffing at the regional school and resource center accordingly.
6. The parent or legal guardian of any newly identified deaf student who was not considered in the annual child count shall receive the opportunity to learn of any previously removed methodology. A teacher of the deaf who specializes in that methodology shall explain it to the student's family and local school. If that methodology is the choice of that student's parents or legal guardians, then it shall be made available to the student. If the methodology chosen by the parents conflicts with the recommendation of the IEP or IFSP team, the conflict shall be resolved through the due process procedures of Title 34, Part 300 Subpart E of the Code of Federal Regulations.
7. Regional centers shall attempt to maintain a staff whose capabilities shall include, but are not limited to, the following:
(1) A teacher of the deaf who is a certified auditory-verbal therapist;
(2) A teacher of the deaf who specializes in the auditory-oral approach;
(3) A teacher of the deaf who specializes in the total communication approach using signing exact English;
(4) A teacher of the deaf who specializes in the bilingual-bicultural approach using ASL;
(5) A teacher of the deaf who is proficient in cued speech;
(6) An audiologist;
(7) A speech-language specialist who has also completed a minimum of three semester hours of college courses in teaching speech to the deaf; and
(8) An acoustical engineer.
At least one assistive technology specialist whose coverage area is statewide shall be employed. Employment of staff who can satisfy more than one of the categories is permitted. Any staff member may be employed on a consultation basis.
8. Each regional school and resource center shall provide the following services:
(1) Comprehensive diagnostic and evaluation services;
(2) Parent-infant program utilizing whichever method of instruction is preferred by the parents or legal guardian; any conflict between the wishes of the parents and the recommendation of the IFSP team shall be resolved through the due process procedures of Title 34, Part 300 Subpart E of the Code of Federal regulations;
(3) Explanation of methods of deaf education by each teacher explaining the approach of the teacher's own specialty to parents or legal guardians of newly diagnosed deaf children;
(4) A resource library of books, videotapes and other materials related to deafness and deaf education;
(5) Periodic training and workshops for parents or legal guardians of deaf children and for teachers or other persons working with deaf children;
(6) Sponsorship of a parental support group with periodic meetings;
(7) Employment of staff who can work as an itinerant teacher at a local school, at the home of a deaf child or any other appropriate location;
(8) Information about and support for assistive technology, devices to aid or assist hearing, and methods for treating deafness;
(9) Consultations for IEP or IFSP planning for students, parents, schools, and IEP or IFSP teams;
(10) Consultation and acting as a resource for school districts under the regional office of professional development with regard to eligible students;
(11) Programming and placement recommendations to schools under the regional office of professional development using assessments and information developed within the IEP process;
(12) Contributing to the development and implementation of in-service training, regionally and statewide, which responds to the needs of educators, other professionals and parents pertaining to the needs of eligible students, which include, but are not limited to, high expectations with regard to academic and vocational performance, facilitation of the discussions of instruction during IEP or IFSP conferences, introduction of appropriate technology, development of hearing skills and daily living skills;
(13) Referrals and information regarding services available within the state for parents and legal guardians of eligible students; and
(14) Coordination of services available from other entities who serve eligible students and the families of eligible students.
162.1204. 1. The office of deaf education shall conduct an annual study of the educational status of deaf students and report the findings of that study no later than December first of each year to the speaker of the house of representatives and the president pro tem of the senate and to the standing committee of jurisdiction in each chamber.
2. The report shall contain information pertaining to literacy of such students including:
(1) The methodology of the study;
(2) For each educational test result reported, a breakdown by methodology of instruction, by unaided level of hearing loss, by aided level of hearing loss, including categorizing what types of aid were used and the length and frequency of use of the devices;
(3) The number of certified teachers of the deaf in the state who are currently employed in the field in Missouri, along with a count of the number of teachers proficient in each of the various methodologies of deaf education;
(4) The number, sorted by age, of deaf students, categorized by their decibel hearing loss level and by the type of location where they receive services, the type of services they receive and the methodology used;
(5) Specific tests and reports on English-literacy levels, categorized by method of instruction and level of unaided hearing loss, and compared to the English-literacy levels of normal-hearing children in Missouri and to the English-literacy levels of deaf students nationwide;
(6) The graduation rate of eligible students compared to those students who are not disabled;
(7) The number of eligible students who did not meet graduation requirements but were terminated from formal education having reached age twenty-one years; and
(8) The number of eligible students who received transition planning services with the cooperation of the division of vocational rehabilitation or rehabilitation services for the deaf as part of their IEP or IFSP.
162.1206. The division of special education within the department of elementary and secondary education shall develop a system of referral for deaf and hearing-impaired children. All children identified by the newborn hearing screening program pursuant to sections 191.925 to 191.937, RSMo, by a school district or by the division of special education as eligible students, upon receipt of written documentation of parental consent or consent of the student if the student is at least eighteen years of age, shall be referred to the local school district and the division of special education of the department of elementary and secondary education or to the appropriate agency for children under three years of age who are not covered by the local school district.
162.1208. There is hereby created in the state treasury the "Deaf Education Fund" which shall be administered by
the division of special education within the department of elementary and secondary education. The fund shall
consist of all moneys appropriated to the fund and all gifts, bequests and other donations to the fund. Moneys in the
fund shall, subject to appropriation, be used to establish and maintain the regional schools and resource centers
pursuant to sections 162.1200 to 162.1208. All interest and moneys earned by the fund shall be returned to the fund.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall remain in the
fund and shall not be transferred to the general revenue fund at the end of the biennium.
Missouri House of Representatives