HOUSE BILL 243

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Dayan Hochman-Vigil

AN ACT

RELATING TO EDUCATION; ENACTING A NEW SECTION OF THE PUBLIC SCHOOL CODE TO REQUIRE SCHOOL DISTRICTS AND CHARTER SCHOOLS TO PROVIDE STUDENTS DIAGNOSED AS DEAF OR HAVING MODERATE TO SEVERE HEARING LOSS WITH APPROPRIATE INSTRUCTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STUDENTS DIAGNOSED AS DEAF OR HAVING MODERATE TO SEVERE HEARING LOSS--APPROPRIATE INSTRUCTION--FACTORS FOR CHOOSING INSTRUCTIONAL SETTING--CHOICE OF MODALITIES.--

          A. Each school district and charter school shall provide for appropriate instruction for each student who has been diagnosed as being deaf or having moderate to severe hearing loss that is either bilateral or unilateral. This instruction shall be:

                (1) individually tailored to the needs of the student and delivered in the least restrictive setting for the student; and

                (2) provided to the student regardless of whether:

                     (a) the student's primary or secondary diagnosis is deafness or hearing loss;

                     (b) the student has been diagnosed with deafness or hearing loss as well as a co-occurring condition, including a developmental disability or any other condition; or

                     (c) in the case of a student diagnosed with hearing loss, the student has been diagnosed with moderate or severe hearing loss.

          B. A school district or charter school shall make the instruction required under this section available to students through joint powers agreements or other arrangements with institutions that provide instruction that is appropriate to the needs of each student diagnosed as deaf or having moderate to severe hearing loss. Decisions about the setting in which a student diagnosed as deaf or having moderate to severe hearing loss shall be based on the following factors:

                (1) consideration of the student's language and communication needs;

                (2) the student's opportunities for direct communication with peers; and

                (3) the availability of instruction in the language and communication mode that the student uses.

          C. At a minimum and in accordance with each student's needs, a school district or charter school shall provide to each student who has been diagnosed as deaf or having moderate to severe hearing loss with the option of receiving instruction in accordance with this section using:

                (1) American sign language;

                (2) an oral-language modality; or

                (3) a combination of the modalities pursuant to Paragraph (1) or (2) of this subsection, taking into consideration the family's preference for a modality."

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