CHAPTER 13-33B
PROGRAMS FOR DEAF AND HARD-OF-HEARING CHILDREN
13-33B-1 Programs for deaf and hard-of-hearing children.
13-33B-2 Consideration of pupil's specific communication needs.
13-33B-3 Placement of deaf and hard of hearing children.
13-33B-4 Definitions.
13-33B-5 Resource for parents to monitor and track deaf and hard-of-hearing children's language acquisition.
13-33B-6 Tools to assess language and literacy development of deaf and hard-of-hearing children.
13-33B-7 Dissemination of parent resource--Strategies to assist child's success.
13-33B-8 Information to be provided to advisory committee--Language developmental milestones to be included in parent resource.
13-33B-9 Advisory committee--Members--Duties.
13-33B-10 Reporting criteria specific to language and literacy development.
13-33B-11 Implementation and application of §§ 13-33B-4 to 13-33B-10.
13-33B-1. Programs for deaf and hard-of-hearing children.
The Department of Education may establish a program and policy to be disseminated to all school districts and other local educational agencies which promote the education of deaf and hard-of-hearing children and which recognizes the following:
(1) That deafness involves the most basic of human needs, the ability to communicate with other human beings. Many deaf and hard-of-hearing children use, as their primary communication mode, American sign language, while others express and receive language through English-based sign language, or orally and aurally, with or without visual signs or cues. Still others, typically young deaf and hard-of-hearing children, lack any significant language skills. Deaf and hard-of-hearing children require educational programs that provide appropriate, ongoing, and communicationally accessible educational opportunities. For the purposes of this chapter, communication mode and language refer to the individual child's communication mode or language, whether oral, manual, or a combination of oral and manual. The purpose of this chapter is to promote understanding of communication needs and not to favor any one particular communication mode or language over another;
(2) That deaf and hard-of-hearing children shall have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency;
(3) That deaf and hard-of-hearing children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, interpreters, and other personnel understand the unique nature of deafness and are specifically trained to work with deaf and hard-of-hearing children and in which their special education teachers and interpreters are proficient in the primary language mode of those children;
(4) That deaf and hard-of-hearing children have an education with a sufficient number of language mode peers who are of the same or approximately the same age and ability level and with whom the children can communicate directly, or as appropriate through the use of qualified interpreters;
(5) That parents of deaf and hard-of-hearing children, deaf and hard-of- hearing people, teachers, and professionals trained in the area of education of the deaf assist in determining the extent, content, and purpose of this program;
(6) That deaf and hard-of-hearing children have direct and appropriate access to all components of the educational process, including recess, lunch, and extracurricular social and athletic activities;
(7) That deaf and hard-of-hearing children have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach;
(8) That a determination of the least restrictive environment as used in state and federal law takes into consideration the unique communication needs of deaf and hard-of-hearing children as described in this chapter;
(9) The Department of Education shall take such steps as are necessary to implement this section, including, but not limited to, the development of written and other materials, the dissemination of said information, and the provision of workshops, symposia, and other procedures to insure that the local educational agencies understand and implement the policy of this chapter.
Source: SL 1993, ch 143, § 1; SL 2004, ch 17, § 27.
13-33B-2. Consideration of pupil's specific communication needs.
The individualized education program shall consider the specific communication needs of the pupil, including all of the following:
(1) The pupil's individual communication mode and language;
(2) A sufficient number of age, cognitive, and language peers of similar abilities. However, nothing in this subdivision may be construed to require that a specific number of peers be provided;
(3) Appropriate, direct, and ongoing language access to special education teachers and interpreters and other specialists who are proficient in the pupil's primary language mode; and
(4) Language accessible services and school and extracurricular activities.
Source: SL 1993, ch 143, § 2.
13-33B-3. Placement of deaf and hard of hearing children.
In considering placement and the least restrictive environment for a deaf or hard-of-hearing student, the individualized education program team shall consider the unique communications needs of the student, in accordance with § 13-33B-2. In making that determination, the individualized education program team shall consider program options that provide the student with an appropriate and equal opportunity for communication access, including those available through South Dakota Services for the Deaf.
Source: SL 1993, ch 143, § 3; SL 2023, ch 62, § 3.
13-33B-4. Definitions.
Terms used in this chapter, mean:
(1) "ASL," American sign language;
(2) "Department," the Department of Education;
(3) "English," spoken English, written English, or English with the use of visual supplements;
(4) "IEP," individualized education program as used in § 13-33B-2;
(5) "IFSP," individualized family service plan as used in 20 USC § 1436;
(6) "Language developmental milestones," milestones of development aligned with existing state instruments used to meet the federal requirements for the assessment of children from birth to age five, inclusive.
Source: SL 2018, ch 100, § 1.
13-33B-5. Resource for parents to monitor and track deaf and hard-of-hearing children's language acquisition.
The department shall incorporate language developmental milestones set, pursuant to the process specified in § 13-33B-8, for the purpose of developing a resource for parents to monitor and track deaf and hard-of-hearing children's expressive and receptive language acquisition and developmental stages toward English literacy. The parent resource shall:
(1) Include language and developmental milestones selected pursuant to § 13-33B-8;
(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use English or ASL, or both;
(3) Present developmental milestones in terms of typical development of all children, by age range;
(4) Written in a way parents can use clearly and easily;
(5) Align to the state's early learning guidelines and state standards in English language arts;
(6) Make clear that the parent resource is not a formal assessment of language and literacy development and that a parent's observations of the parent's children may differ from the formal assessment data presented at an IFSP or IEP meeting; and
(7) Make clear the parent may bring the parent resource to an IFSP or IEP meeting for the purpose of sharing the parent's observations about the child's development.
Source: SL 2018, ch 100, § 2.
13-33B-6. Tools to assess language and literacy development of deaf and hard-of-hearing children.
The advisory committee established pursuant to § 13-33B-9 shall recommend tools or assessments to assess the language and literacy development of deaf and hard-of-hearing children. The tools or assessments shall be:
(1) In a format that shows the stages of language development;
(2) Selected for use by educators to track the development of deaf and hard-of-hearing children's expressive and receptive language acquisition and developmental stages toward English literacy;
(3) Selected from existing tools or assessments used to assess the development of all children from birth to five years of age; and
(4) Appropriate, in both content and administration, for use with deaf and hard-of-hearing children.
The tools or assessments may be used by the child's IFSP or IEP team to track the deaf or hard-of-hearing child's progress and to establish or modify IFSP or IEP.
Source: SL 2018, ch 100, § 3.
13-33B-7. Dissemination of parent resource--Strategies to assist child's success.
The department shall disseminate the parent resource developed pursuant to § 13-33B-5 to parents and guardians of deaf and hard-of-hearing children. If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills the child's IFSP or IEP team shall recommend specific strategies, services, and programs to assist the child's success toward English literacy.
Source: SL 2018, ch 100, § 4.
13-33B-8. Information to be provided to advisory committee--Language developmental milestones to be included in parent resource.
Before March 1, 2019, the department shall provide the advisory committee established pursuant to § 13-33B-9 with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the development of a parent resource pursuant to § 13-33B-5. The language developmental milestones shall align to the state's early learning guidelines, and the state standards in English language arts. Before June 1, 2019, the advisory committee shall set language developmental milestones for inclusion in the parent resource created pursuant to § 13-33B-5.
Source: SL 2018, ch 100, § 5.
13-33B-9. Advisory committee--Members--Duties.
The administrator of South Dakota Services for the Deaf shall establish an advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard-of-hearing that are equivalent to milestones for children who are not deaf or hard-of-hearing, for inclusion in the parent resource pursuant to §§ 13-33B-5 and 13-33B-7.
The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments referenced in § 13-33B-6.
The advisory committee shall consist of at least nine but no more than fifteen volunteers, at least four of whom are deaf or hard-of-hearing, and all of whom practice within the fields of education or services for the deaf or hard-of-hearing. The advisory committee must include:
(1) A parent of a child who is deaf or hard-of-hearing, who uses both ASL and English;
(2) A parent of a child who is deaf or hard-of-hearing, who uses only spoken English, with or without visual supplements;
(3) A parent of a child who is Deaf-Plus;
(4) A representative from South Dakota Services for the Deaf, who is fluent in both ASL and English;
(5) A representative from the Department of Education; and
(6) At least four members who may be any of the following:
(a) An expert who researches language outcomes for deaf or hard-of-hearing children, using ASL and English;
(b) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in ASL and English;
(c) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in spoken English, with or without visual supplements;
(d) An advocate from an association in this state that represents the deaf and advocates for teaching, using both ASL and English;
(e) An early intervention specialist who works with deaf or hard-of-hearing infants and toddlers, using both ASL and English;
(f) A credentialed teacher of deaf or hard-of-hearing students, with expertise in ASL and English language assessments;
(g) A representative from a parent training information center in this state;
(h) A representative from an organization that provides communication services for the deaf;
(i) A psychologist who has expertise in assessing deaf or hard-of-hearing children and is fluent in ASL and English;
(j) A speech language pathologist; or
(k) A pediatric audiologist.
The committee may advise the department on the content and administration of instruments used to assess the language development and literacy development of deaf or hard-of-hearing children, to ensure the appropriate use of the instruments with deaf or hard-of-hearing children.
The committee may make recommendations regarding future research to improve the measurement of progress of deaf or hard-of-hearing children, in language and literacy.
Source: SL 2018, ch 100, § 6; SL 2023, ch 62, § 4.
13-33B-10. Reporting criteria specific to language and literacy development.
Before August 1, 2020, the department shall establish reporting criteria, using existing data reported in compliance with the federally required state performance plan on students with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive.
Beginning on July 1, 2021, in conjunction with the department's annual collection of data on children with disabilities served, the department shall also annually report the number of enrolled students from birth to age twenty-one, regardless of disability status, who have a documented hearing loss of thirty-five decibels or more, unaided unilaterally or bilaterally.
Source: SL 2018, ch 100, § 7; SL 2020, ch 58, § 1.
13-33B-11. Implementation and application of §§ 13-33B-4 to 13-33B-10.
The implementation of §§ 13-33B-4 to 13-33B-10, inclusive, shall be consistent with federal law regarding the education of children with disabilities and the privacy of student information. Sections 13-33B-4 to 13-33B-9, inclusive, only apply to children from birth to five years of age.
Source: SL 2018, ch 100, § 8; SL 2020, ch 58, § 2.
