HB 111: "An Act relating to public school students who are deaf or have a hearing impairment."
00 HOUSE BILL NO. 111 01 "An Act relating to public school students who are deaf or have a hearing impairment." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.30.276 is amended by adding a new subsection to read: 04 (b) Notwithstanding (a) of this section, for a child who is deaf and whose 05 primary language or method of communication is determined to be American Sign 06 Language under AS 14.30.278(d), the least restrictive environment is in an educational 07 environment with other students whose primary language or method of 08 communication is American Sign Language. The department shall establish and 09 operate a centralized program for the deaf to be made available to deaf students in the 10 state. The program must provide residential services as part of its educational 11 program. The program may be operated by a school district under an agreement with 12 the department. If a school district operates the program, the school district shall 13 annually submit a plan of operations to the department for approval and shall perform 14 all duties of a local school district related to special education under state and federal 15 law, except that the school district is only required to offer transportation to students
01 who reside in the district. If a school district determines that placement at the program 02 is appropriate for a child who resides in the district, the school district that makes the 03 placement retains the school district's responsibilities for special education for that 04 child under state and federal law. The department shall provide funding for the 05 students who attend the program operated by a school district under this subsection to 06 the school district that operates the program. 07 * Sec. 2. AS 14.30.278 is amended by adding new subsections to read: 08 (d) An individualized education program for a child who is deaf or has a 09 hearing impairment must include a language and communication plan that 10 (1) identifies the primary language or method of communication most 11 effective and appropriate for the child; 12 (2) provides opportunities for direct communication with peers and 13 professional personnel in the primary language or method of communication identified 14 under this subsection; 15 (3) describes the education program options available to the child; 16 (4) describes the necessary qualifications, including fluency in the 17 primary language or method of communication identified under this subsection, of the 18 teacher and other professional personnel who will implement the program for the 19 child; 20 (5) addresses access limitations to academic instruction, school 21 services, and extracurricular activities for the child; 22 (6) provides for assistive devices and services; and 23 (7) requires accommodations for the child in communications with, 24 and the physical environment of, the school. 25 (e) To determine the primary language or method of communication most 26 effective and appropriate for a child who is deaf or has a hearing impairment, a school 27 district shall 28 (1) provide for an assessment of the child's aptitude for acquiring 29 American Sign Language, conducted by an American Sign Language specialist who 30 has a degree from an accredited college, university, or postsecondary institution or 31 who is fluent in American Sign Language;
01 (2) consider the child's prognosis for hearing loss throughout the 02 child's developmental years; 03 (3) consider the primary language or method of communication of the 04 child's primary household and family members; and 05 (4) consider the child's natural tendency to use a language or method 06 of communication when interacting with other children. 07 (f) The individualized education program developed for a child who is deaf or 08 has a hearing impairment and whose primary language or method of communication is 09 determined to be American Sign Language may provide speech services separately 10 from instruction in core subjects.