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SENATE BILL 2357
By Massey
HOUSE BILL 1957
By Alexander
HB1957
010688
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 29; Title 49; Title 68 and Title 71, relative
to deaf, deaf-blind, and hard of hearing children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 71, Chapter 4, is amended by adding
the following as a new part:
71-4-1301. Tennessee council for research of deaf, deaf-blind, and hard of hearing
children.
(a) There is created the Tennessee council for research of deaf, deaf-blind, and
hard of hearing children, hereinafter referred to as "the council." The council is attached
to the department of health for administrative purposes.
(b)
(1) The council consists of seventeen (17) members, appointed as
follows:
(A) Five (5) members, appointed by the governor, who are deaf,
deaf-blind, or hard of hearing;
(B) Five (5) members, appointed by the speaker of the senate,
who are parents or legal guardians of a deaf, deaf-blind, or hard of
hearing child or individuals who have experience with working with
children who are deaf, deaf-blind, or hard of hearing;
(C) One (1) member, appointed by the speaker of the senate,
who is a deaf early intervention professional for children from birth to
three (3) years of age;
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(D) Four (4) members, appointed by the speaker of the house of
representatives, who are deaf, deaf-blind, or hard of hearing; and
(E) Two (2) members, appointed by the speaker of the house of
representatives, who are parents or legal guardians of a deaf, deaf-blind,
or hard of hearing child or individuals who have experience with working
with deaf, deaf-blind, or hard of hearing children.
(2) The appointing authorities:
(A) Shall ensure that members who are appointed to the council
include representatives across early intervention, kindergarten through
grade twelve (K-12) education, linguistics, audiology, and family
advocacy; and
(B) May appoint a member pursuant to subdivision (b)(1)(B) or
subdivision (b)(1)(E) who is one (1) of the following:
(i) A credentialed teacher who uses both ASL and English
during instruction to deaf students;
(ii) A credentialed teacher who uses spoken English with
or without visual supplements during instruction to deaf students;
(iii) A credentialed, deaf pediatric teacher of deaf students
or an ASL specialist who has expertise in curriculum development
and instruction of ASL and English;
(iv) A credentialed pediatric teacher who has expertise in
evaluating and assessing language development in both ASL and
English of deaf students;
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(v) A speech language pathologist who is fluent in ASL
and English with experience working with children from birth to ten
(10) years of age;
(vi) A professional with a linguistic background who
conducts research on language outcomes of birth to school aged-
children who are deaf or hard of hearing and use ASL and
English;
(vii) A community member who is knowledgeable about
teaching and using both ASL and English in the education of
children who are deaf, deaf-blind, or hard of hearing;
(viii) An interpreter for the deaf with national certification
from the Registry of Interpreters for the Deaf (RID), achieved the
highest score on the educational interpreter performance
assessment, and has multiple years of experience in preschool,
elementary, and secondary educational settings;
(ix) The department of health, newborn hearing screening
or early hearing detection and intervention (EHDI) administrator;
(x) The coordinator of the Tennessee school for the deaf's
(TSD) deaf mentor and parent advisor program;
(xi) The director of the Tennessee school for the deaf;
(xii) The executive director of a parent organization;
(xiii) The president of the Tennessee Association of the
Deaf;
(xiv) The assistant commissioner of the Tennessee Early
Intervention System (TEIS);
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(xv) An individual representative from the department of
health's legislative research department; or
(xvi) The coordinator or representative from the centers of
excellence in early childhood.
(3) The members of the council must be appointed no later than August
31, 2026, and serve until the termination of the council pursuant to subsection
(g).
(4) The member's appointing authority shall fill the vacancy for the
unexpired term in the same manner as the original appointment.
(c) Members of the council serve without compensation but, when engaged in
the conduct of their official duties, are entitled to reimbursement for travel expenses in
accordance with uniform regulations promulgated by the department of finance and
administration and approved by the attorney general and reporter.
(d) The commissioner of health shall call the first meeting of the council by no
later than September 15, 2026.
(e) The council shall comply with the open meetings law, compiled in title 8,
chapter 44, and open records law, compiled in title 10, chapter 7.
(f) Pursuant to § 8-44-108, the council may participate by electronic or other
means of communication for the benefit of the public and the council in connection with
any meeting authorized by law.
(g) The council ceases to exist upon completion of the council's report and
recommendations submitted pursuant to § 71-4-1302(d).
71-4-1302. Duties of the Tennessee council for research of deaf, deaf-blind, and
hard of hearing children.
(a) The council shall:
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(1) Identify the number of deaf, deaf-blind, and hard of hearing children
from birth to ten (10) years of age in this state who have an audiological
diagnosis without the child's assistive listening devices worn during an
assessment;
(2) Identify the race, sex, and zip code of deaf, deaf-blind, and hard of
hearing children from birth to ten (10) years of age;
(3) Identify and recommend assessment tools that are designed
specifically to assess the language development of deaf, deaf-blind, and hard of
hearing children from birth to ten (10) years of age;
(4) Identify and recommend a fully accessible assessment practice that is
compliant with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et
seq.) for testing language levels of deaf, deaf-blind, and hard of hearing children
in American sign language (ASL) and English;
(5) Identify and recommend qualifications needed for an individual
administering an assessment tool to ensure that the individual is qualified, highly
trained, fluent in ASL, fluent in English, a certified administrator of the
assessment, and is a professional in early childhood or school-aged deaf, deaf-
blind, or hard of hearing children;
(6) Recommend specific language criteria to be used to consistently and
regularly assess the language developmental milestones of each deaf, deaf-
blind, and hard of hearing child from birth to ten (10) years of age who is a
resident of this state;
(7) Recommend a design and criteria for a data system that tracks each
deaf, deaf-blind, or hard of hearing child's acquisition of an age-appropriate
milestone from birth to ten (10) years of age who is a resident of this state;
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(8) Recommend a design to identify specific, key criteria of language
gaps and how to provide notice for a need of immediate intervention;
(9) Recommend protocols for reporting data results from language
assessments to the parent or legal guardian of a child who receives the
assessment and the state;
(10) Recommend protocols to establish an annual data reporting system;
and
(11) Recommend a parent resource guide, which will be distributed in
multimedia formats to families upon the identification of a child's hearing status
and entrance into a program and early intervention and academic setting.
(b) The council shall act in accordance with all state and federal privacy laws.
(c) The council may solicit input from professionals who are trained in the
language development and education of children who are deaf, deaf-blind, or hard of
hearing on the selection of specific language developmental milestones.
(d) On or before July 1, 2029, the council shall compile a report of the council's
findings and recommendations and submit the report to the commissioner of health, the
governor, and the members of the general assembly. Upon the council submitting the
report required in this subsection (d), the council terminates and ceases to exist.
71-4-1303. Repeal.
This part is repealed on July 1, 2029.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.