[Second Reprint]

SENATE, No. 2044

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 26, 2018

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator  M. TERESA RUIZ

District 29 (Essex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman ELIZABETH MAHER MUOIO

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators Diegnan, O'Scanlon, Madden, Beach, Assemblywoman Jones, Assemblymen Holley, Danielsen, Assemblywoman DiMaso, Assemblyman Schaer, Assemblywomen Tucker, Vainieri Huttle, Pinkin, Murphy and Timberlake

 

 

 

 

SYNOPSIS

     Establishes “Deaf Student’s Bill of Rights.”

 

CURRENT VERSION OF TEXT

     As amended by the Senate on December 17, 2018.

 


An Act concerning the rights of students who are deaf, hard of hearing, or deaf-blind and supplementing chapter 46 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the “Deaf Student’s Bill of Rights Act.”

 

     2.    The Legislature recognizes that children who are deaf, hard of hearing, or deaf-blind who utilize one or more modes of communication have the same rights and potential as children who are not deaf, hard of hearing, or deaf-blind.  Therefore, the Legislature recognizes the following “Deaf Student’s Bill of Rights.”

     a.     School districts shall provide children who are deaf, hard of hearing, or deaf-blind appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and the continuation of screening 2and evaluation2 services throughout the educational experience.

     b.    School districts shall provide children who are deaf, hard of hearing, or deaf-blind with individualized and appropriate early intervention to support the acquisition of solid language bases developed at the earliest possible age.

     c.     School districts shall inform the parents or guardians of children who are deaf, hard of hearing, or deaf-blind of all placement considerations 1, including the Marie H. Katzenbach School for the Deaf,1 and options available to children who are deaf, hard of hearing, or deaf-blind and provide opportunities for parents and guardians to fully participate in the development and implementation of their child’s education plan.

     d.    School districts shall strive to provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with adult role models who are deaf, hard of hearing, or deaf-blind 2and who utilize varied communication modalities2 to learn advocacy skills, including self-advocacy.

     e.     School districts shall provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with their peers in the school environment and during school-sponsored activities.

     f.     School districts shall provide direct instruction to children who are deaf, hard of hearing, or deaf-blind.  1[If that is not possible, school districts shall provide the children with access to qualified teachers, interpreters, and resource personnel who communicate effectively with each child in that child’s mode of communication.]1

     g.    School districts shall include a communication plan in the Individualized Education Program of a student who is deaf, hard of hearing, or deaf-blind 1[.  Where appropriate, public schools shall include a communication plan] , and1  in the educational plan prepared pursuant to section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. s.794 for a student who is deaf, hard of hearing, or deaf-blind.

     h.    School districts shall provide children who are deaf, hard of hearing, or deaf-blind placement that is best suited to the child’s individual needs including, but not limited to, social, emotional, 2communication,2 and cultural needs, with consideration for the child’s age, degree and type of hearing loss, academic level, mode of communication, style of learning, motivational level, and amount of family support. 

     i.     School districts shall provide children who are deaf, hard of hearing, or deaf-blind individual considerations for free, appropriate education across a 1[full spectrum of educational programs] continuum of placement options required by law1.

     j.     School districts shall provide children who are deaf, hard of hearing, or deaf-blind full support services provided by qualified 1and certified1 professionals in their educational settings.  The Department of Education 1through the coordinator for educational programs1 shall work with school districts to ensure technical assistance is available to support boards of education in meeting the needs of children who are deaf, hard of hearing, or deaf-blind.  2As used in this subsection, “technical assistance” means guidance and support provided to a school district to enable the school district to meet State and federal policy and regulatory requirements and to ensure the provision of a thorough and efficient education.2

     k.    School districts shall provide children who are deaf, hard of hearing, or deaf-blind full 1communication1 access to all programs in their educational settings including, but not limited to, extracurricular activities, recess, lunch, media showings, 1driver education,1 and public announcements. 

     l.     School districts shall ensure that parents and guardians of children who are deaf, hard of hearing or deaf-blind receive information from appropriately qualified 1and certified1 professionals on the medical, ethical, cultural, and linguistic issues of individuals who are deaf, hard of hearing, or deaf-blind.

     m.   School districts shall ensure that children who are deaf, hard of hearing, or deaf-blind have direct access to mental health services and supporting services from qualified 1and certified1 providers fluent in 2the student’s primary mode of communication, including2 American Sign Language.

     2[n. School districts 1[, where possible, shall have deaf and hard of hearing adults directly involved in determining the extent, content, and purpose of all programs that affect the education of children who are deaf, hard of hearing, or deaf-blind] shall ensure that children who are deaf, hard of hearing, or deaf-blind have direct access to mental health services and supporting services from qualified and certified providers in the language spoken by the child1.]2

 

     3.    1[This] Nothing in this1 act shall 1[take effect immediately] be construed to give any greater rights or protections than can be found under the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., or section 504 of the federal “Rehabilitation Act of 1973,” 29 U.S.C. s.794, or any other federal law1.

 

     14.   This act shall take effect on the 30th day next following the date of enactment.1