A210

An Act concerning the rights of students with communication disabilities 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 “Students with Communication Disabilities’ Bill of Rights Act.”

2. The Legislature finds and declares that:

a. Title II of the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq., requires schools to provide appropriate auxiliary aids and services to ensure effective communication for students with communication disabilities, which may include hearing, vision, or speech impairments. These aids and services are required to be tailored to the specific nature, length, complexity, and context of the communication, taking into account the student’s preferred communication methods.

b. There is a critical need for school districts to ensure effective communication, and provide appropriate support services in these students’ primary and preferred method of communication, so that the impact of a communication disability may be minimized, and so that affected students can grow into productive, contributing adult citizens.

c. Students with communication disabilities utilize different methods of communication which may include, but are not limited to: gestures; augmentative and alternative communication (AAC) systems, communication boards, speech-generating devices, symbol cards, bands, or devices; letter boards; American Sign Language; and typing or pointing to letters to communicate. Assistive technology devices and services, as defined in federal regulations at 34 C.F.R. ss.300.5 and 300.6, are used to increase, maintain, or improve the functional capabilities of a child with a disability.

d. For many students with a communication disability, an assistant trained in a student’s primary and preferred method of communication is vital for assistance in using these alternative means of communication.

e. Students with communication disabilities are entitled to receive support services from their school districts using their primary and preferred method of communication in accordance with Title II of the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq.

f. Denial of a student’s primary and preferred method of communication inhibits a student's access to a free and appropriate education and a student’s opportunity to fully participate in the State’s public schools.

g. The Legislature recognizes that students with communication disabilities have the same rights and potential as students without communication disabilities. Therefore, the Legislature recognizes the need for a “Students with Communication Disabilities’ Bill of Rights.”

3. a. School districts shall provide students with communication disabilities appropriate screening and assessment of communication and language needs at the earliest possible age and the continuation of screening and evaluation services throughout the educational experience.

b. School districts shall provide students with communication disabilities with individualized and appropriate early intervention to support effective communication at the earliest possible age.

c. School districts shall provide direct instruction to students with communication disabilities.

d. School districts shall provide students with communication disabilities with an assistant trained in a student’s augmentative and alternative communication (AAC) system.

e. School districts shall provide students with communication disabilities with individual considerations for free, appropriate education across a continuum of options required by State and federal law.

f. School districts shall include a communication plan focusing on the student’s primary and preferred method of communication in the Individualized Education Program of a student with a communication disability, and in the educational plan prepared pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. s.794 for a student with a communication disability.

g. School districts shall provide students with communication disabilities with full support services provided by trained assistants in their educational settings using the student’s primary and preferred method of communication. The Department of Education through the coordinator for educational programs shall work with school districts to ensure technical assistance is available to support boards of education in meeting the needs of students with communication disabilities. As 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.

h. School districts shall provide students with communication disabilities with full access to all programs in their educational settings including, but not limited to, extracurricular activities, recess, lunch, media showings, driver education, and public announcements.

i. School districts shall ensure that parents and guardians of students with communication disabilities receive information from trained assistants on the linguistic issues of individuals with communication disabilities.

4. Nothing in this act shall be construed to give any greater rights or protections than can be found under Title II of the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq., the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., section 504 of the federal “Rehabilitation Act of 1973,” 29 U.S.C. s.794, or any other State or federal law.

5. This act shall take effect on the first day of the second month next following the date of enactment.

STATEMENT

This bill creates the “Students with Communication Disabilities’ Bill of Rights,” which requires school districts to recognize the rights of students with communication disabilities.

Title II of the "Americans with Disabilities Act of 1990" requires schools to provide appropriate auxiliary aids and services to ensure effective communication for students who have a communication disability, which may include hearing, vision, or speech impairments. These aids and services are required to be tailored to the specific nature, length, complexity, and context of the communication, taking into account the student’s preferred communication methods.

For many students with communication disabilities, an assistant trained in a student’s primary and preferred method of communication is vital for assistance in using alternative means of communication such as gestures; augmentative and alternative communication (AAC) systems, communication boards, speech-generating devices, symbol cards, bands, or devices; letter boards; American Sign Language; and typing or pointing to letters to communicate. Denial of a student’s primary and preferred method of communication inhibits a student's access to a free and appropriate education a student’s opportunity to fully participate in the State’s public schools.

Specifically, this bill requires school districts to provide students with communication disabilities or the students’ parent or guardians with:

· access to appropriate screening and assessment of communication and language needs at the earliest possible age and the continuation of screening and evaluation services throughout the educational experience;

· individualized and appropriate early intervention to support effective communication at the earliest possible age;

· direct instruction;

· a trained assistant in the student's primary and preferred method of communication;

· individual considerations for free, appropriate education across a continuum of options required by State and federal law;

· a communication plan focusing on the student’s primary and preferred method of communication in the student’s Individualized Education Program and 504 plan;

· full support services provided by trained assistants in their educational settings using the student’s primary and preferred method of communication. The Department of Education through the coordinator for educational programs is to work with school districts to ensure technical assistance is available to support boards of education in meeting the needs of students with communication disabilities;

· full access to all programs in their educational settings, including extracurricular activities, recess, lunch, media showings, driver education, and public announcements; and

· information from trained assistants on the linguistic issues of individuals with communication disabilities.

The bill should not be construed to give any greater rights or protections than found under State or federal law.