Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/10/2024 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB178 | |
| SB221 | |
| SB158 | |
| SB143 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 221 | TELECONFERENCED | |
| += | SB 158 | TELECONFERENCED | |
| *+ | SB 143 | TELECONFERENCED | |
| = | SB 178 | ||
| + | TELECONFERENCED | ||
SB 143-EDUCATION FOR DEAF & HEARING IMPAIRED
3:50:41 PM
CHAIR TOBIN announced the consideration of SENATE BILL NO. 143
"An Act relating to public school students who are deaf or hard
of hearing."
3:50:48 PM
At ease
3:53:12 PM
CHAIR TOBIN reconvened the meeting and continued her
introduction of SB 143.
3:53:54 PM
SENATOR GRAY-JACKSON, speaking as sponsor of SB 143 provided the
following statement:
[Original punctuation provided.]
Sponsor Statement
Senate Bill 143
Education for Deaf & Hearing Impaired
Senate Bill 143 is a deaf and hard of hearing
children's bill of rights that establishes consistency
in the information provided to parents by the school
district, allows parents to choose the best method of
communication for their child and requires the school
district to provide services using the parent's chosen
method of communication.
Deaf children are born with the same ability to
acquire language as others. They have the right and
capacity to be educated, graduate from high school,
obtain further education, and pursue a career. They
have the right to have their ability to communicate
and acquire language to be treated as a priority.
Lack of access in the classroom leads to students
missing essential information in lectures and
classroom discussions and can lead to low academic
achievement and lower language acquisition. Children
who are deaf or hard of hearing have the right to
accommodations and access to academic instruction,
school services, and extracurricular activities in
their primary language. Access in their primary
language gives them the opportunity to benefit from
all services and programs at their school and to fully
access education and society.
Given the unique nature of rural Alaska, some children
who are deaf or hard of hearing may require
residential services as part of their educational
program. SB 143 declares all deaf children have the
right to an individualized education program and that
their parents will be able to choose the method of
communication that will be the most appropriate for
their child.
Senate Bill 143 establishes that children who are deaf
or hard of hearing have the right to an individualized
education program that identifies their primary
language, considers their prognosis for hearing loss,
provides instruction in their primary language,
provides assistive devices, and services, and provides
appropriate and timely assessments in their primary
language.
Seventeen states have passed a Deaf and Hard of
Hearing Children's Bill of Rights.
3:56:30 PM
LUMA DIAZ, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, provided the sectional analysis for
SB 143:
[Original punctuation provided.]
Sectional Analysis for SB 143
Education for Deaf & Hearing Impaired
Section 1: Amends AS 14.30.272 by adding new
subsections:
1. School district must provide parent with
comprehensive information regarding,
a. Hearing technology.
b. Different methods of communication.
c. Services and programs designed to help
children who are deaf and hard of hearing.
d. Information on support and advocacy services
offered by public and private agencies.
2. Parent chooses the method of communication that
will be the most appropriate for their child.
3. Services are delivered to children through
professionals with training, experience, and a
background in the chosen method of communication.
d. A school district must inform parents of
school districts' duties and the parents rights
under section c.
e. In this section,
1. Definition of "bilingual approach".
2. Definition of "cued speech".
3. Definition of "deaf".
4. Definition of "hard of hearing".
5. Definition of "Listening and spoken
language".
6. Definition of "total communication".
Section 2: Amends AS 14.30.276 by adding a new
subsection that requires the department to establish
and operate a centralized program for students whose
primary language is American Sign Language, provide
residential services as part of the program,
establishes that a school district may operate the
program under specific requirements, and provide
funding for the students who attend the program
operated by a school districted under this subsection
to that school district.
3:58:38 PM
SENATOR KIEHL requested clarification, noting that deaf and
hard-of-hearing students have rights under the federal
Individuals with Disabilities Education Act (IDEA). He asked for
an overview of which provisions in SB 143 align with federal law
and which offer additional protections or exceed federal
requirements.
3:59:13 PM
MS. DIAZ said she did not know but would research the answer.
She elaborated on SB 143, noting that while school districts
currently offer services for deaf students, they vary by
location. The state's administrative code addresses education
for the deaf, but it is not in statute, and SB 143 seeks to
formalize these provisions in state law. She provided a
breakdown of Alaska's 140 deaf and hard-of-hearing children by
region: 79 in Anchorage, 3 in Annette Island, 12 in Fairbanks, 3
in Galena, 3 in Juneau, 9 in Kenai Peninsula, 5 in Kodiak
Island, 14 in Mat-Su, and 9 in Northwest Arctic.
3:59:58 PM
SENATOR KIEHL asked whether the Alaska School for the Deaf and
Hard of Hearing, located in Anchorage, is operated by the
Anchorage School District under an agreement with the state or
if it is a service the district provides independently with its
own funding.
4:00:18 PM
SENATOR GRAY-JACKSON replied she would get back to the committee
with an answer.
4:00:31 PM
CHAIR TOBIN announced invited testimony for SB 143.
4:01:49 PM
CHAIR TOBIN introduced Ms. Westman.
4:01:58 PM
COURTNEY WESTMAN, Chair, Deaf Education Board, Anchorage,
Alaska, said that for 12 years she has served as chair of the
Deaf Education Board. She said she would help introduce SB 143,
the Children's Bill of Rights, which advocates for deaf and
hard-of-hearing children to receive equal access to all
educational options, regardless of where a student lives in
Alaska. She shared her personal experience growing up in various
places in Alaska as a product of the state's deaf and hard-of-
hearing school system. As an elementary school student in
Anchorage, she struggled to get an education due to language
deprivation, an issue many deaf or hard-of-hearing students
face. A student may be 10 years old but have the language level
of a 4-year-old. She noted that, in her work within the school
system, she has also observed language deprivation. She
emphasized that, forty years later, students are still facing
the same struggles she did and that it is time to pass SB 143
and implement it so that the state truly educates and advocates
for its deaf and hard-of-hearing children, ensuring they have a
bright future.
4:04:40 PM
CLARA BALDWIN, Director, Alaska School for the Deaf, Anchorage
School District, Anchorage, Alaska, stated that she is deaf and
uses American Sign Language as her first language. She
introduced herself as the Assistant Director of Special
Education for the Anchorage School District, where she oversees
the Alaska State School for the Deaf and Hard of Hearing (AKSD).
She clarified a question from earlier, explaining that AKSD
operates through an agreement with the Anchorage School District
(ASD) and is primarily funded by the state of Alaska, with a
very small portion of funding coming from ASD. Although housed
within ASD programs, AKSD reports directly to Don Enoch,
[Special Education Administrator for the State of Alaska]. She
noted that AKSD is a large program and offered to provide more
details later.
4:06:04 PM
MS. BALDWIN thanked the committee for its work over the year to
advance SB 143. She recognized the compromise and effort
required in bringing SB 143 forward and emphasized its
importance. She stressed that "all means all" when it comes to
addressing hearing loss, aiming to include everyone regardless
of how they identify as deaf or hard of hearing. Baldwin
highlighted that hearing loss exists on a spectrum, varying
among individuals and evolving as children become adults,
underscoring the need to ensure access for all children and
address these issues collectively.
4:07:17 PM
MS. BALDWIN explained that when a child is born with hearing
loss, parents typically encounter various professionals. Their
child is often the first deaf person parents have met and they
are often unsure about the best course of action due to the many
options and resources available, especially with medical
professionals on the front line. She emphasized the need to
support both medical professionals and parents by establishing a
foundational language from birth, which she said leads to better
outcomes in adulthood. She said AKSD believes it should be a
language first model of education because without access to
language, curriculum cannot be taught.
4:08:25 PM
MS. BALDWIN explained that children with hearing loss often lack
access to a language they fully understand, missing incidental
exposure to their surroundings without anyone to explain events
around them. She illustrated this by saying that, unlike her
with an interpreter, a child without access to sign language or
assisted listening would miss out on such information. She
emphasized the importance of ensuring children have access to
incidental language and information, whether educational or
otherwise, so they can engage with the world around them. She
noted that the AKSD supports a child-led approach, following the
child's needswhether spoken language, American Sign Language
(ASL), or bothmaking SB 143 an essential step forward. She
noted that although Alaska is geographically large, AKSD wants
to capitalize on the states small population through
collaboration and maximizing resources such as special education
services (SESA), Deaf Navigator, and Rural Support Deaf
Services. She underscored that the goal is to ensure all
children with hearing loss can thrive by having access to
meaningful language learning that makes sense to them.
4:10:45 PM
AMY BOBICH, Teacher, Alaska School for the Deaf, Anchorage
School District, Anchorage, Alaska, said that she grew up in a
hearing world with a hearing family who, like many families of
deaf children, had never met a deaf person before she was born.
Her family went through various experiences as they learned how
to support her. She said as a teacher, she observes many parents
navigating similar experiences with their own deaf children.
MS. BOBICH stated that she has 12 years of experience as an
educator, beginning in Alaska and continuing in California and
Colorado, where she gained diverse insights. She noted that many
hard-of-hearing students across states are typically behind
grade level, leading her to focus on language development and
skills. In Colorado and California, she observed the impact of
early resource access, with families receiving comprehensive
information from birth to make informed decisions for their
children. She expressed strong support for SB 143 as a step
toward ensuring Alaskan families have access to all necessary
information and resources without needing to leave the state.
4:12:29 PM
MS. BOBICH emphasized the importance of giving children the best
possible start to ensure they thrive and stay on grade level
academically. As a preschool teacher, she noted that typically,
three-year-old hearing children enter her classroom with three
full years of language acquisition, often speaking in full
sentences. In contrast, deaf or hard-of-hearing students often
arrive able to sign or say only one word due to limited language
access. She stressed the need for accessible language
development before preschool, allowing families to choose the
communication method that works best for them. She advocated for
aligning Alaska's resources with those of other states to
provide comprehensive information and support.
4:13:34 PM
CHAIR TOBIN asked why the responsibility for providing
information is placed on the school district under in SB 143.
She questioned whether it would be more effective to assign this
role to medical providers or early childhood care facilities,
which see children earlier and could offer preventive support
sooner, ensuring parents receive timely information.
4:14:06 PM
MS. BOBICH replied that school districts typically begin
providing services at age three when children have an
Individualized Education Program (IEP). While a Birth to Three
program exists, it's essential to offer comprehensive options,
as some school districts lack deaf mentors or qualified American
Sign Language (ASL) teachers. Access to ASL services by
qualified individuals is uneven, though ASL is often a crucial
first step in early language development. She noted that, while
some students enter her classroom ready to learn with accessible
language skills, others arrive without age-appropriate language,
making it challenging to catch them up. She emphasized the need
for school districts to ensure they offer complete services and
qualified ASL instruction, if that is what parents prefer.
4:15:49 PM
MS. WESTMAN said, having grown up in Alaska, she has met many
deaf individuals from rural villages where professionals are
often unaware of available resources for deaf children due to
limited communication. She emphasized the importance of ensuring
that students receive proper accommodations, as children who
don't learn language until they are older fall significantly
behind in education and face challenges in employment due to
academic gaps. She highlighted the unique difficulties in rural
villages, where resources may be nonexistent, underscoring the
need for SB 143 to ensure that deaf and hard-of-hearing
children, especially in rural Alaska, don't face these
struggles. She credited her own success to her involved family
and noted that not all families have the same early access to
resources, which is why Alaska State School for the Deaf and
Hard of Hearing is advocating for SB 143to raise awareness and
support all districts and providers in sharing resources with
children.
4:17:37 PM
CHAIR TOBIN noted that American Sign Language (ASL) has been
mentioned several times as a preferred language or helpful tool,
but pointed out that the current legislation does not emphasize
ASL specifically. She referenced SB 143 Section 1(c)(1)(B), on
page one, line 10, that outlines various communication methods
for deaf or hard-of-hearing children. She asked if there should
be a priority on providing opportunities to learn ASL, including
access to technological supports or other resources,
particularly for students in rural Alaska.
4:18:39 PM
MS. BOBICH clarified that ASL is not suited for everyone and
should not be elevated above other language options. She
emphasized the goal of offering a full range of choices to
parents, whether that includes listening and spoken language,
cochlear implants, hearing aids, ASL, or a combination. She
noted that, although there can be contentious discussions within
deaf education about the "best" method, the key message is that
there is no single best way. She advocated for providing
accessible language and neutral information to parents so they
can choose what is best for their child and family. While ASL is
the language she and other testifiers personally use, she
reiterated that SB 143 should clearly support providing
resources and information in an unbiased manner.
4:19:50 PM
CHAIR TOBIN stated that SB 143 lacks an entity designated to
determine neutral or unbiased language. She asked if there is an
organization that could assist in developing neutral or unbiased
regulations.
4:20:12 PM
MS. BALDWIN said she would like to add that parents can choose
all the options and use multiple resources at the same time. For
instance, a person can use hearing aids and sign.
4:20:44 PM
CHAIR TOBIN asked if there is a third party that could help the
Department of Education and Early Development (DEED) create
unbiased resources for school districts.
4:21:08 PM
MS. BALDWIN replied she would do research and get back to the
committee.
4:21:15 PM
MS. DIAZ mentioned that a committee substitute will have
language changes including the use of a professional who will
talk with the school district about methods of communication.
4:22:02 PM
JAMIE KOKOSZKA, Program Coordinator II, Governor's Council on
Disabilities and Special Education, Department of Health,
Anchorage, Alaska, stated that the Deaf and Hard of Hearing
community approached the Governor's Council on Disabilities and
Special Education in support of SB 143, and as council staff,
she testified on its behalf. She shared her personal experience,
explaining that she has congenital hearing loss in both ears and
wears hearing aids, noting that SB 143 would have been
tremendously helpful to her as a child. She confirmed that the
testimony given today reflects her own experience and is still
relevant for children in Alaska.
4:22:51 PM
MS. KOKOSZKA stated that growing up in Alaska over the last 47
years, resources and information about American Sign Language
(ASL) were never presented to her or her family, leaving her
without access to ASL, which she finds challenging to learn at
her current age. She described her childhood in a general
education classroom where spoken English was the only
communication mode. Her hearing aids fit poorly, had poor sound
quality, and were painful. She recalled negative treatment from
teachers and students due to her struggles with hearing and
fitting in. Teachers often turned away while speaking, which
hindered her ability to lip-read.
MS. KOKOSZKA said that despite the school's awareness of her
difficulties, she did not receive an Individualized Education
Program (IEP) and faced undiagnosed ADHD and cataracts. Her
delayed language development severely impacted her communication
skills. She recalled asking her mother why she was not in speech
therapy, as she only learned enunciation through theater class.
Falling behind academically due to misunderstandings in class,
she often faced disciplinary issues. She emphasized that
children in Alaska continue to experience these challenges. The
Governor's Council urges support for SB 143 to ensure deaf and
hard-of-hearing children and families receive necessary support
and feel valued as community members.
4:25:28 PM
DEBORAH RIDDLE, Division Operations Manager, Innovation and
Excellence in Education, Department of Education and Early
Development (DEED), Juneau, Alaska, said the fiscal note is a
one-time cost of $6,000 for the creation regulations necessary
to enact SB 143.
SENATOR KIEHL asked how the Department of Education and Early
Development (DEED) currently covers housing for non-Anchorage-
based students attending the AKSD and inquired if SB 143 would
change this arrangement.
4:26:16 PM
MS. RIDDLE explained that the Anchorage School District (ASD)
currently receives funds to cover housing for non-Anchorage-
based students, and DEED collaborates with ASD to ensure these
students have accommodations.
4:26:36 PM
SENATOR KIEHL stated his understanding that DEED's formula funds
include additional funding for specific needs. He asked if a
portion of this funding covers residential services and
requested a breakdown.
MS. RIDDLE replied she would provide the committee with the
information.
4:27:20 PM
CHAIR TOBIN noted from the fiscal note analysis that the bill
focuses on creating procedural safeguards and clarified that no
additional funds will be allocated to school districts for
gathering and disseminating information or providing supportive
services to parents. She pointed out that this responsibility
will fall on the school districts.
MS. RIDDLE replied that the responsibility would fall to the
school districts, but DEED's special education team would
collaborate with special education directors in schools to
assist in disseminating the information.
4:27:58 PM
CHAIR TOBIN sought confirmation of her understanding that the
department would not develop a statewide curriculum and provide
it to all school districts. Instead, each individual school
district would create and distribute that information within
their own community.
MS. RIDDLE replied yes, but there are supports that the special
education team can provide to help districts.
4:28:28 PM
CHAIR TOBIN opened public testimony on SB 143.
4:29:08 PM
MICHAEL MERRIT, representing self, Anchorage, Alaska, testified
in support of SB 143. He said he works for the Deaf Navigator
Program through Hope Community Resources. He shared his
educational background, having attended schools in Canada,
Minnesota, and Colorado. He explained that he began learning
sign language and wearing hearing aids at age three. Although he
can speak, he identifies as deaf and navigates both the hearing
and deaf worlds. He questioned whether he would have completed
high school, attended college in New York City, or graduated
from the Rochester Institute of Technology (RIT) with a degree
in social work and criminal justice if his parents had not
ensured he had access to language. He emphasized the critical
importance of accessible languagewhether visual, auditory, or
writtenfor children's development. He expressed hope that
Alaska will join other states in enacting a Deaf Children's Bill
of Rights.
4:31:30 PM
SETH NIELSEN, representing self, Wasilla, Alaska, testified in
support of SB 143. He stated that vocational rehabilitation
services support individuals who are deaf and hard of hearing.
As a vocational rehabilitation counselor, he helps clients
connect with employment, and any assistance from the school
system in bridging the transition from school to work is highly
valuable. He expressed that SB 143 is a positive step in
supporting this transition.
4:32:27 PM
CHAIR TOBIN closed public testimony on SB 143.
4:32:49 PM
SENATOR GRAY-JACKSON thanked the committee for hearing SB 143.
4:33:01 PM
CHAIR TOBIN held SB 143 in committee.