BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2072|
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THIRD READING
Bill No: AB 2072
Author: Mendoza (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 5-1, 6/23/10
AYES: Alquist, Aanestad, Leno, Negrete McLeod, Pavley
NOES: Romero
NO VOTE RECORDED: Strickland, Cedillo, Cox
ASSEMBLY FLOOR : 57-7, 4/29/10 - See last page for vote
SUBJECT : Hearing screening: resources and services
SOURCE : California Coalition
DIGEST : This bill requires the Department of Health Care
Services to develop an unbiased, comprehensive,
evidence-based informational pamphlet for newborns and
infants identified as deaf or hard of hearing about visual
and auditory communication and language options including,
but not limited to, American Sign Language, and Listening
and Spoken Language, that is sufficient to allow a parent
to make an informed decision on which options to choose for
his or her child.
ANALYSIS : Existing law:
1.Establishes the Newborn and Infant Hearing Screening,
Tracking, and Intervention Act which requires every
CONTINUED
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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.
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.
This bill:
1. Requires the Department of Health Care Services to
develop an unbiased, comprehensive, evidence-based
informational pamphlet for newborns and infants
identified as deaf or hard of hearing about visual and
auditory communication and language options including,
but not limited to, American Sign Language, and
Listening and Spoken Language, that is sufficient to
allow a parent to make an informed decision on which
options to choose for his or her child. The pamphlet
must take into account the different values and beliefs
of the parents of deaf and hard of hearing children.
The pamphlet must contain both benefits and risks of all
options, convey educational attainment outcomes, and
clearly convey that those options may be used
simultaneously. The pamphlet must also include
information about educational programs for children
provided by local educational agencies, the California
Schools for the Deaf, nonpublic schools and agencies,
and parent-to-parent support resources through the local
family resource centers.
2. Requires that a parent of a newborn or infant identified
as deaf or hard of hearing must be provided specified
information. The information must be provided:
A. By an audiologist immediately upon identification
of a newborn or infant as deaf or hard of hearing.
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B. By a local provider for the Early Start Program.
3. Requires the department to convene an advisory
stakeholder panel to contribute to the development of
the information pamphlet. The members of the panel will
receive no compensation for their services, but will be
allowed the actual necessary traveling expenses incurred
in the discharge of their duties. The panel will be
composed of eleven members, as follows:
A. An adult who is deaf or hard of hearing, and who
uses auditory-oral language, appointed by the
Governor.
B. An adult who is deaf or hard of hearing, and who
uses visual language, appointed by the Governor.
C. An educator of the deaf in an auditory-oral
educational setting, appointed by the Senate Committee
on Rules.
D. An educator of the deaf in a visual language
education setting, appointed by the Senate Committee
on Rules.
E. A parent representative of a child who primarily
uses auditory-oral communication methods, appointed by
the Governor.
F. A parent representative of a child who primarily
uses visual language, appointed by the Governor.
G. A representative of a nonprofit organization that
services primarily auditory-oral learners, appointed
by the Speaker of the Assembly.
H. A representative of a nonprofit organization that
services primarily visual language learners, appointed
by the Speaker of the Assembly.
I. A researcher engaged in the study of auditory-oral
communication for persons who are deaf or hard of
hearing, appointed by the Governor.
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J. A researcher engaged in the study of visual
language and communication modalities for persons who
are deaf or hard of hearing, appointed by the
Governor.
AA. The Secretary for Education, who shall be an
ex officio member.
(1) All members of the panel shall be
appointed no later than January 1, 2012. An
appointee to the panel shall not serve for more
than five years.
(2) No member of the panel may have a
financial relationship or a conflict of
interest with any entity that has contributed
funding.
4. Requires the panel to commence operations on January 1,
2012, and provide recommendations after 6 months of
commencement.
5. Requires the department to consider written input and
information submitted by members of the public and
review and revise the information every two years if
necessary, and requires the panel to remain in existence
until January 1, 2017.
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
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identified until 18 months to three years. If an infant
has hearing loss in one or both ears, early identification
is crucial to preventing 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/2/10)
California Coalition (source)
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
OPPOSITION : (Verified 8/2/10)
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
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ARGUMENTS IN 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.
ARGUMENTS IN 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,
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ultimately graduate, enter postsecondary education and
enter the world of work as productive tax-paying citizens.
ASSEMBLY FLOOR :
AYES: Anderson, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Blumenfield, Bradford, Charles
Calderon, Conway, Cook, Coto, Davis, De Leon, DeVore,
Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,
Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Knight, Lieu, Logue, Ma, Mendoza, Miller, Nava, Nestande,
Niello, Nielsen, Norby, Portantino, Ruskin, Silva,
Solorio, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NOES: Adams, Chesbro, Monning, Salas, Skinner, Smyth, Audra
Strickland
NO VOTE RECORDED: Ammiano, Bass, Block, Brownley, Buchanan,
Caballero, Carter, De La Torre, Evans, Jeffries, Jones,
Bonnie Lowenthal, V. Manuel Perez, Saldana, Torrico
CTW:nl 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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