BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2072 (Mendoza)
Hearing Date: 08/12/2010 Amended: 08/02/2010
Consultant: Dan Troy Policy Vote: Health 5-1
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BILL SUMMARY: AB 2072 would require the Department of
Education 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.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Advisory panel $126 $252
Private*
*See staff comments
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Federal law establishes the Individuals with Disabilities
Education Act which requires the provision of early intervention
services for children with disabilities from birth to age three
(Early Start). Current state law establishes the Newborn
Hearing Screening Program, administered by the Department of
Health Care Services (DHCS), which identifies newborns with
hearing loss and links them to services through regional Hearing
Coordination Centers (HCCs). Over 1,000 California newborns are
identified as deaf or hard of hearing each year.
According to DHCS, the four regional HCCs provide technical
assistance and consultation to hospitals for the development and
implementation of newborn hearing screening programs; track
infant screening, diagnostic, and intervention services; contact
families of infants with hearing loss to assess service needs
and make referrals; and provide educational and outreach
materials to families.
This bill would require the Department of Education (CDE) to
develop an unbiased, comprehensive, and evidence-based pamphlet
about visual and auditory communication and language options,
including, but not limited to, American Sign Language (ASL), and
Listening and Spoken Language, that is sufficient to allow a
parent to make an informed decision. The bill would require
that the pamphlet take into account the different values and
beliefs of the parents of the deaf and hard of hearing children,
contain benefits and risks of all options, as specified. The
pamphlet would be required to provide information would also
include information about educational programs provided by local
education agencies, the California Schools for the Deaf,
nonpublic schools and agencies and parent-to-parent support
resources. The pamphlet
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AB 2072 (Mendoza)
would be distributed by 1) an audiologist immediately upon
identification of a newborn or infant as deaf or hard of
hearing, and 2) by a local provider for the Early Start program
upon initial contact with the parents of a newborn or infant
newly identified as deaf or hard of hearing.
CDE would further be required to convene an advisory stakeholder
panel to contribute to the development of the pamphlet, as
specified. The panel would be required to commence operations
on January 1, 2012, and provide recommendations for the pamphlet
within six months. The panel would be composed of 11 members:
1. A deaf or hard-of-hearing adult who uses auditory-oral
language, appointed by the Governor.
2. A deaf or hard-of-hearing adult who uses visual
language, appointed by the Governor.
3. An educator of the deaf in an auditory-oral language
setting, appointed by the Governor.
4. An educator of the deaf in a visual language setting,
appointed by the Governor.
5. A parent representative of a child who primarily uses
auditory-oral communication methods, appointed by the
Governor.
6. A parent representative of a child who primarily uses
visual methods, appointed by the Governor.
7. A representative of a nonprofit organization that serves
primarily auditory-oral learners, appointed by the Speaker
of the Assembly.
8. A representative of a nonprofit organization that serves
primarily visual language learners, appointed by the
Speaker of the Assembly.
9. A researcher engaged in the study of auditory-oral
communication for persons who are deaf or hard of hearing,
appointed by the Governor.
10. A researcher engaged in the study of visual
language communication for persons who are deaf or hard of
hearing, appointed by the Governor.
11. The Secretary for Education.
CDE would be required to review and, if necessary, revise the
pamphlet every two years, with the assistance of a reconvened
advisory panel, as specified. The panel would remain in
existence until January 1, 2017.
The bill would also express the Legislature's intent that every
newborn and infant that does not pass a preliminary hearing
screening receive a followup no later than three months of age.
According to DHCS, this is current policy, and 66 percent of
infants that are deaf or hard of hearing are diagnosed within
three months.
The bill would also create a new fund for the purposes of
collecting donations and federal funds for use in implementing
the bill's provisions. The bill specifies that no entity may
contribute funds if it participates in a lobbying activity or
has a financial relationship or any other conflict of interest
with any panel members, or if the entity stands to benefit from
the outcome of the pamphlet development. The bill specifies
that no state funds shall be used to implement the bill, and
that no moneys shall be
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AB 2072 (Mendoza)
expended from the fund until the Department of Finance
determines that sufficient funds are available implement the
bill.
The Department of Education estimates that annual operating
costs to staff the work of the committee would be $200,000 per
year. Additionally, costs for travel and other meeting expenses
would be approximately $40,000 to $50,000 annually, though this
figure would vary depending on the number of annual meetings
(the bill does not specify this detail). There would also be
relatively minor costs for printing and distribution of the
pamphlets (between $1,500 and $2,000 annually).
While the bill indicates that implementation costs are to be
borne through nonstate funds, the committee views measures
intended to be funded through donations as a pressure on the
general fund. Staff further notes that the restrictions placed
on contributors may create administrative complexity.
Author's proposed amendments would:
Prohibit an audiologist from counseling a parent beyond
the scope of his or her practice.
Modify and expand the composition of the panel.
Restrict the number of annual panel meetings and hold
the meetings at the Department of Education headquarters.
Require the Department to provide a video of the
pamphlet on its website that is presented in ASL with
captioning written in English.
Lift restrictions on contributors.