BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2072
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          Date of Hearing:   April 20, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                   AB 2072 (Mendoza) - As Amended:  April 13, 2010
           
          SUBJECT  :  Hearing Screening: resources and services.

           SUMMARY  :  Requires parents of all newborns and infants diagnosed  
          with a hearing loss to be provided specified information on  
          communication options for children with hearing loss.  
          Specifically,  this bill  :   

          1)Requires parents of all newborns and infants diagnosed with a  
            hearing loss to be provided written or electronic information  
            on American Sign Language (ASL), Total Communication, Cued  
            Speech, and Listening and Spoken Language communication  
            options for children with hearing loss, including, but not  
            limited to, information about deaf and hard of hearing  
            organizations, agencies and early intervention centers, and  
            educational programs.

          2)Requires that the information noted in 1) above be provided:

             a)   By an audiologist or other related professional at a  
               follow-up appointment after diagnosis with a hearing loss;  
               and,
             b)   By the Early Start Program, upon initial contact with  
               the parents of a newborn or infant newly diagnosed with a  
               hearing loss.

          3)Requires that neither the state nor an Early Start Program  
            provider will incur costs for the implementation of the above  
            provisions.

           EXISTING LAW  :

          1)Establishes the Newborn and Infant Hearing Screening,  
            Tracking, and Intervention Act which requires every general  
            acute care hospital with licensed perinatal services to offer  
            every newborn a hearing screening test for the identification  
            of hearing loss, as specified, and provide written information  
            on the availability of community resources and services for  
            children with hearing loss to the parents of those who are  
            diagnosed with a hearing loss.








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          2)Establishes the California Early Start Intervention Services  
            Act, commonly known as the Early Start program, provides  
            various early intervention services for infants and toddlers  
            who have disabilities to enhance their development and to  
            minimize the potential for developmental delays.

           FISCAL EFFECT  :   This bill has not yet been heard by a fiscal  
          Committee.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, with new  
            developments in Cochlear Implants, more profoundly deaf  
            children are able to hear and speak and can be completely  
            assimilated into society.  The author maintains that the  
            maximum time for oral language development is in the first  
            five years of life.  By the time children reach age five, the  
            author argues, the ability to learn oral language decreases  
            annually.  The author asserts that oral language is one  
            hearing option for the profoundly deaf and hard of hearing,  
            but others include ASL, Cued Speech, and Total Communication.   
            According to the author, a major concern in California is that  
            many parents of infants who are diagnosed with hearing loss  
            are not provided with information on all communication options  
            and are most often unfamiliar with the resources and options  
            that are available to them.  The author maintains that this  
            bill will help ensure that parents understand the rights and  
            resources that they have available for their children.

           2)BACKGROUND  .  The California Newborn Hearing Screening program,  
            administered by the California Department of Health Care  
            Services (DHCS), is a comprehensive coordinated system of  
            early identification, intervention, and support services for  
            infants with hearing loss and their families.  The goal of the  
            program is to identify infants with a hearing loss prior to  
            three months of age and to link infants with early  
            intervention services by six months.  According to DHCS,  
            infants begin developing speech and language from the moment  
            they are born.  Studies show that hearing loss occurs in  
            approximately two to four out of 1000 babies.  DHCS states  
            that, prior to the Newborn Hearing Screening program,  
            unfortunately, hearing loss was often not identified until 18  
            months to three years.  If an infant has hearing loss in one  
            or both ears, early identification is crucial to preventing  








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            delayed speech and language development.

          In California, infants who do not pass the initial hearing  
            screening in the hospital are referred for a rescreening which  
            could be performed before one month of age.  Infants who do  
            not pass the rescreening are referred for a diagnostic hearing  
            evaluation.  Upon identification of hearing loss, infants and  
            their families are referred to the local Early Start Program,  
            a multi-agency effort by the Department of Developmental  
            Services and the California Department of Education for access  
            to early intervention and related services.  Currently parents  
            are provided a packet of information which includes:  
            "Communicating with Your Child" which provides information  
            about local, state and national resources and the DHCS Web  
            site provides links to local, state, and national resources.
           
          3)COMMUNICATION OPTIONS.  
           
             a)   ASL  .  According to the National Association of the Deaf  
               (NAD), ASL is a visual language in which the brain  
               processes linguistic information through the eyes.  The  
               shape, placement, and movement of the hands, as well as  
               facial expressions and body movements, all play important  
               parts in conveying information.  Sign language is not a  
               universal language, each country has its own sign language,  
               and regions have dialects, much like the many languages  
               spoken all over the world.  Like any spoken language, ASL  
               is a language with its own unique rules of grammar and  
               syntax and grows and changes over time.  ASL is used  
               predominantly in the United States and in many parts of  
               Canada. ASL is accepted by many high schools, colleges, and  
               universities in fulfillment of modern and "foreign"  
               language academic degree requirements across the United  
               States.

             According to a January 2008 policy statement of NAD, deaf  
               infants and children should be given the opportunity to  
               acquire and develop proficiency in ASL as early as  
               possible. NAD takes the position that as a fully accessible  
               visual language, ASL should be made available to every deaf  
               infant, in addition to any assistive technologies that may  
               be used to take advantage of the deaf infant's access to  
               the language(s) used by their families and care providers.

              b)   Total Communication  .  According the Clearinghouse on  








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               Disabilities and Gifted  Education, Total Communication is  
               an approach to deaf education that aims to make use of a  
               number of models of communication such as sign language,  
               oral, auditory, written and visual aids, depending on the  
               particular needs and abilities of the child.  Total  
               Communication is a philosophy rather than a methodology.   
               As a result, the implementation of Total Communication  
               philosophy with one child could look entirely different  
               than its implementation with another child.

              c)   Cued Speech  .  According to the National Cued Speech  
               Association (NCSA), Cued Speech is s system of  
               communication used with and among deaf or hard of hearing  
               people.  NCSA maintains that it is a phonetic-based system  
               which makes traditionally spoken languages accessible by  
               using a small number of handshapes (representing  
               consonants) in different locations near the mouth  
               (representing vowels), as a supplement to lipreading.

              d)   Listening and Spoken Language  .  According to the  
               Alexander Graham Bell Association for the Deaf and Hard of  
               Hearing (AG Bell), cochlear implants were developed in the  
               1970s to help profoundly deaf individuals who gained little  
               or no benefit from hearing aids. When hearing is  
               functioning normally, complicated parts of the inner ear  
               convert sound waves in the air into electrical impulses,  
               which are sent to the brain and recognized as sound.  A  
               cochlear implant works in a similar manner.  When  
               surgically implanted behind the ear, the electronic device  
               is able to bypass damaged hearing cells and stimulate the  
               auditory nerve to restore partial hearing.  Cochlear  
               implants provide enhanced sound detection and the potential  
               for greater speech understanding.

             According to AG Bell, hearing aids are electronic,  
               battery-operated devices that amplify sound to improve  
               listening comprehension.  It collects sounds from the  
               environment via a microphone, amplifies those sounds and  
               then directs the amplified signal into the user's ear  
               through a tiny speaker.  Hearing aids can be monaural (one  
               ear) or binaural (two ears).  Using hearing aids in both  
               ears generally provides superior benefit compared to a  
               monaural hearing aid and is strongly recommended for  
               children who are learning to listen and talk. 
           








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          4)TECHNOLOGY  .  "Through Deaf Eyes" is a two hour Public  
            Broadcasting Service (PBS)-produced documentary that explores  
            200 years of Deaf life in the United States.  As part of the  
            outreach campaign for the documentary, PBS provided  
            information about how technological changes over the years  
            have impacted the deaf community.  For example, the invention  
            of the radio offered news, music, and weather warnings, but  
            not to deaf people.  Telephones became a barrier to employment  
            and access.  Technology also changed education and the  
            physical condition of deafness as hearing aids, FM systems,  
            and cochlear implants came to be used.  Technological  
            "advancements" were often assessed differently by hearing and  
            deaf people.

          The development of the telecommunications device for the deaf  
            (TTY/TDD) radically changed the quality of life for deaf and  
            hard of hearing people in the United States by allowing deaf  
            and hard of hearing people to communicate by phone.  By the  
            mid 1980s, TTY/TTDs were in widespread use in the homes of  
            deaf people and in many businesses and government agencies.  A  
            host of other technological advancements, many of which took  
            advantage of residual hearing, became available to deaf  
            people.  Progressively smaller and lighter weight hearing aids  
            were developed.  The early electronic hearing aids of the  
            1950s required large, heavy batteries and came with  
            instructions on how to discretely tuck batteries into  
            underclothing.  Later versions could be stored in a pocket or  
            clipped to a belt, and eventually behind-the-ear hearing aids  
            were available.

          However, not all technological developments have been  
            universally accepted by the deaf community.  The cochlear  
            implant inspired both strong support and vehement opposition.  
            Among deaf people, the implants are generally hailed as a boon  
            for individuals who lost their hearing later in life, but  
            their use for deaf children became controversial.  The  
            effectiveness and risks of the implants are a major part of  
            the debate, but there is an additional conflict between those  
            who view deafness as a physical impairment and those who see  
            it as a valued part of cultural identity.  As cochlear implant  
            surgery has become more common in deaf children and have  
            become more widely used, the emphasis of the debate has  
            changed. The focus now is on the deaf child's exposure to  
            visual language and the type of support and educational  
            services the child receives.








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           5)SUPPORT  .  Supporters of this bill state that more children are  
            born with permanent hearing loss than any other birth defect.   
            Supporters maintain that recent advances in technology and  
            educational practice make it possible for most deaf or hard-of  
            hearing children to make similar progress to their  
            typically-hearing peers if diagnosis and treatment happen  
            early, preferably during the first few months of life.   
            According to supporters, one of the most important things for  
            parents of a newly-identified child who is deaf or hard of  
            hearing is knowing that they will be able to communicate with  
            their child.  Supporters assert that the method of  
            communication chosen by parents is a very personal decision,  
            and parents need to know what alternatives are available.   
            Supporters argue that programs and resources are available in  
            California to support various options, but many parents of  
            newly-identified deaf or hard of hearing children do not even  
            know what options exist.  Supporters maintain that this bill  
            will ensure that all parents of children diagnosed with  
            hearing loss will be provided information about communication  
            options and resources which will result in less confusion  
            about the availability of resources.

           6)OPPOSITION  .  The opposition of this bill states that they  
            believe that each infant and toddler, including those  
            identified deaf and hard of hearing, should have every  
            opportunity to learn language.  The opposition argues that the  
            focus of this bill about "communication options" is misleading  
            and picking one option over another would only rob the child  
            of the ability and opportunity for full language acquisition.   
            According the opposition, Californians who are deaf request  
            the need for sign language to be respected and support early  
            intervention services acquiring sign language as well as  
            English.  The opposition also argues that audiologists are not  
            the appropriate experts to advise parents and families about  
            language acquisition because audiologists are trained to  
            measure and "treat" hearing loss by recommending hearing aids  
            or cochlear implants.  The opposition maintains that it is the  
            right of a deaf infant and toddler to acquire full language  
            acquisition through visual language so that by the time the  
            child starts Kindergarten and first grade, the child is ready  
            to learn, receive an education, ultimately graduate, enter  
            postsecondary education and enter the world of work as  
            productive tax-paying citizens.









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           7)PREVIOUS LEGISLTION  :  

             a)   AB 2555 (Torrico), Chapter 245, Statutes of 2008,  
               requires the existing notice of parent rights and   
               procedural safeguards provided to parents or guardians of  
               pupils with disabilities to include information regarding  
               the state special schools for pupils who are deaf, hard of  
               hearing, blind, visually impaired, or deaf-blind.

             b)   AB 2780 (Gallegos), Chapter 310, Statutes of 1998, the  
               Health Services Budget Act establishes the Infant Hearing  
               Screening Program to provide hearing screening tests for  
               children at risk for deafness and a system to provide  
               follow-up and assessment services.

             c)   AB 1836 (Eastin), Chapter 1126, Statutes of 1994,  
               expands legislative intent and makes other changes related  
               to special education for hard-of-hearing and deaf pupils.  
               Specifically, states intent that individuals with  
               exceptional needs be offered special assistance programs  
               which take into consideration, for hard-of-hearing or deaf  
               children, the individual's need for a sufficient number of  
               age and language mode peers and for special education  
               teachers who are proficient in the individual pupil's  
               primary language mode.

           8)POLICY CONCERNS  .  

             a)   On page two, line 11 the bill indicates that information  
               will be provided to parents by audiologists and "other  
               related professionals."  The author may wish to clarify who  
               is being referred to as "other related professionals."

             b)   The bill indicates that neither the state nor the Early  
               Start Program provider shall incur any cost for the  
               implementation of this bill but does not indicate who will  
               pay for the development and distribution of the proposed  
               materials to be provided to parents.

             c)   Without the involvement of a state agency in the  
               development and distribution of the proposed materials, how  
               can the state be assured that the information being  
               provided to parents is comprehensive, evidenced-based,  
               unbiased, and accurate?









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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Coalition (sponsors)
          American Federation of State, County and Municipal Employees
          California Academy of Audiology
          California Association of Private Special Education Schools
          California Coalition
          California Hospital Association
          California Speech-Language Hearing Association
          Numerous individuals

           


          Opposition 
           
          ASL Presents LLC
          California Association of the Deaf
          California Association of the Deaf, Sacramento Chapter
          Center on Deaf Inland Empire Community
          Deaf and Hard of Hearing Service Center, Inc.
          Deaf Counseling, Advocacy, and Referral Agency
          IMPACT
          NorCal Services for Deaf and Hard of Hearing
          Numerous individuals
           
          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097