P.L. 2025, c.257 (A4986 2R)

An Act concerning deaf, hard of hearing, and deaf-blind children and supplementing Title ¹[30] ²[26¹] 30² of the Revised Statutes.

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

²[1. a. There is established in the ¹[Division of the Deaf and Hard of Hearing in the]¹ Department of ¹[Human Services an] Health, in conjunction with the Department of Education and the Marie H. Katzenbach School for the Deaf, the Early Language Access Program. The program shall provide¹ early language instruction ¹[program]¹ to support the language acquisition and developmental needs of deaf, hard of hearing, and deaf-blind children aged five and younger and their families. ¹To the extent applicable under federal or State law and regulation, services provided under the program for children up to the age of three shall be delivered under the department’s Early Intervention Program, established pursuant to section 2 of P.L.1993, c.309 (C.26:1A-36.7).¹ All services delivered under this program shall be free of charge ¹, except when cost sharing requirements imposed under the Early Intervention Program apply¹.

b. At a minimum, under the program, the ¹[division] department¹ shall match each eligible child and eligible child’s family with ¹instruction and support services provided by appropriate members of an interprofessional team, which may include, but not be limited to:¹ an American Sign Language Deaf Language Associate ¹[to] ; a licensed speech-language-pathologist; a licensed audiologist; a certified teacher of the visually impaired; a certified teacher of the deaf; a licensed occupational therapist; or a licensed social worker. These professionals shall¹ provide the child and family with instruction and support services up to 25 hours a week. The ¹[division] department¹ shall make available language instruction services ¹, which shall include services that follow an established curriculum tailored to the child’s and family’s preferred communication mode, including, but not limited to, American Sign Language, spoken language with auditory support, and multimodal approaches,¹ in all applicable settings where the eligible child participates in daily activities, including childcare centers, preschool programs, summer camps, and in the child’s home. The ¹[division] department¹ shall provide additional services under the program, as appropriate to the needs of an eligible child and the eligible child’s family, including ¹,¹ but not limited to: ¹consultation with licensed audiologists and speech-language pathologists to ensure comprehensive, evidence-based services aligned with the child’s individualized needs;¹ information and referral services to other State and non-State resources; case management services provided by ¹[an individual fluent in American Sign Language] a designated professional, who can provide services consistent with the family’s preferred method of communication including American Sign Language, spoken language, or augmentative and alternative communication¹ ; assistance in locating and coordinating a qualified interpreter or real-time caption provider; resources for obtaining hearing aids and other equipment to support the needs of the eligible child ¹, including bone-anchored hearing devices and cochlear implants, access to audiological evaluations, hearing technology maintenance and aural rehabilitation services provided by licensed audiologists, and augmentative and alternative communication evaluations¹ ; and the provision of sensitivity training to the eligible child’s health care providers, education or day care providers, or other applicable supports on awareness of the needs of deaf and hard of hearing children and adults.

c. In order to be determined eligible to receive services under the program, an eligible child’s family shall provide proof of the child’s hearing loss, age, and New Jersey residency to the ¹[division] department¹.

d. As used in this section:

“American Sign Language Deaf Language Associate” means a deaf adult with experience working with babies, toddlers, and children who has advanced proficiency skills to provide a fluent American Sign Language model for an eligible child and eligible child’s family.

¹[“Division”] “Department”¹ means the ¹[Division of the Deaf and Hard of Hearing in the]¹ Department of ¹[Human Services] Health¹.

“Program” means the early language instruction program established under this section to support the language acquisition and developmental needs of deaf, hard of hearing, and deaf-blind children aged five and younger and their families.]²

²1. a. There is established in the Department of Human Services the Language Instruction Program. The program shall provide early language instruction to support the language acquisition and developmental needs of deaf, hard of hearing, and deaf-blind children aged five and younger and their families. All services delivered under this program shall be free of charge.

b. At a minimum, under the program, the department shall match each eligible child and eligible child’s family with an American Sign Language Deaf Language Associate to provide the child and family with instruction and support services up to 25 hours a week. The department shall ensure that all American Sign Language Deaf Language Associates assigned to the program complete specified training and adhere to curriculum requirements as determined by the department. The department shall make available language instruction services that follow an established curriculum tailored to American Sign Language in all applicable settings where the eligible child participates in daily activities, including childcare centers, preschool programs, summer camps, and in the child’s home. The department shall provide additional services under the program, as appropriate to the needs of an eligible child and the eligible child’s family, including, but not limited to: information and referral services to other State and non-State resources including, but not limited to, services offered by the Early Intervention System in the Department of Health; case management services provided by an individual fluent in American Sign Language; assistance in locating and coordinating a qualified interpreter or real-time caption provider; resources for obtaining hearing aids and other equipment to support the needs of the eligible child, including bone-anchored hearing devices and cochlear implants, access to audiological evaluations, hearing technology maintenance and aural rehabilitation services provided by licensed audiologists, and augmentative and alternative communication evaluations; and the provision of sensitivity training to the eligible child’s health care providers, education or day care providers, or other applicable supports on awareness of the needs of deaf and hard of hearing children and adults.

d. As used in this section:

“Department” means the Department of Human Services.

“Program” means the language instruction program established under this section to support the language acquisition and developmental needs of deaf, hard of hearing, and deaf-blind children aged five and younger and their families.²

²2. The Department shall issue a report annually to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), regarding the implementation and impact of the program established pursuant to section 1 of this act.²

²[2.] 3.² Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the ¹[Executive Director of the Division of the Deaf and Hard of Hearing in the Department of Human Services] Commissioner of ²[Health¹] Human Services² shall adopt rules and regulations necessary to implement the provisions of this act.

²4. There is appropriated from the General Fund to the Department of Human Services such funds as are necessary to effectuate the provisions of this act.²

²[3.] 5.² This act shall take effect ²[on the 90th day following enactment, but the ¹[Executive Director of the Division of the Deaf and Hard of Hearing in the Department of Human Services] Commissioner of Health¹ may take such anticipatory administrative action in advance as shall be necessary for implementation of the act] immediately² .

Codifies early language instruction program for deaf, hard of hearing, and deaf-blind children in DHS.