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JUNEAU, Alaska — House Bill 39, known as the Deaf and Hard of Hearing Children’s Bill of Rights, by Rep. Jamie Allard, R-Eagle River, passed the House of Representatives in a 40-0 vote Tuesday.
The legislation addresses language acquisition, parental choice and appropriate accommodation in public schools. Parents select the most suitable method of communication for their child whether that’s American Sign Language (ASL), spoken English with support or another modality. School districts would be required to deliver educational services using the parent’s chosen method.
“Deaf children are born with the same ability to acquire language as their hearing peers,” Rep. Allard said. “They have the right and capacity to be educated, graduate from high school, obtain further education and pursue meaningful careers.”
Central to HB 39 is the recognition that communication and language acquisition must be treated as a priority to prevent the devastating effects of inadequate access in the classroom, which can result in missed information during lectures and discussions, lower academic achievement and delayed language development.
Under the proposed law, children who are deaf or hard of hearing would have the right to accommodation and full access to academic instruction, school services and extracurricular activities in their primary language. This ensures that they can fully benefit from all school programs and participate meaningfully in education and society.
Recognizing Alaska’s unique rural geography, HB 39 acknowledges that some deaf or hard of hearing students may require residential services as part of their educational program to receive appropriate support.
Key provisions of House Bill 39 include:
* The right to an individualized education program (IEP) tailored to the child’s needs.
* Parental choice in determining the most appropriate method of communication.
* Identification of the child’s primary language in the IEP.
* Consideration of the prognosis for hearing loss.
* Instruction provided in the child’s primary language.
* Provision of necessary assistive devices, services and qualified personnel.
* Appropriate and timely assessments conducted in the child’s primary language.
Twenty states have already enacted similar Deaf and Hard of Hearing Children’s Bills of Rights, setting a strong precedent for protecting the educational rights of these students.
“HB 39 ensures that no child in Alaska is left behind due to barriers in communication,” Rep. Allard said. “By centering parental choice and language access, we are affirming the fundamental rights of deaf and hard of hearing children to thrive academically and socially.”
The federal law – Individuals with Disabilities Education Act – does not adequately address parental rights. HB 39 fills the gap.
Click here to watch Rep. Allard’s floor speech.
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