BILL ANALYSIS
AB 2072
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2072 (Mendoza)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: | |(April 29, |SENATE: |23-11|(August 24, |
| | |2010) | | |2010) |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY : Requires the California Department of Education (CDE),
with the assistance of an advisory stakeholder panel, to develop
an informational pamphlet about visual and auditory
communication and language options for newborns and infants
identified as deaf or hard of hearing to allow a parent to make
an informed decision on which options to choose for his or her
child.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require CDE to develop an unbiased, comprehensive,
evidenced-based informational pamphlet about visual and
auditory communication and language options for newborns and
infants identified as deaf or hard of hearing including, but
not limited to, American Sign Language (ASL), and Listening
and Spoken Language.
2)Require the pamphlet to take into account the different values
and beliefs of the parents of deaf and hard of hearing
children and to contain both benefits and risks of all
options, convey educational attainment outcomes, and clearly
convey that those options may be used simultaneously.
3)Require the pamphlet to 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.
4)Require a parent of a newborn or infant identified as deaf or
hard of hearing to be provided the informational pamphlet
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referenced in 1), 2), and 3) above. Require the pamphlet to
be provided to parents under the following circumstances:
a) By an audiologist immediately upon identification of a
newborn or infant as deaf or hard of hearing; and,
b) By a local provider for the Early Start Program,
provided under to the California Early Intervention
Services Act upon initial contact with the parents of a
newborn or infant newly identified as deaf or hard of
hearing.
5)Require the audiologist to note in the newborn's or infant's
record that the parent has received the informational
pamphlet. Requires the audiologist, during the course of
evaluation and treatment, to inform and counsel the parent of
all available communication and language options as described
in the pamphlet.
6)Require CDE to convene an advisory stakeholder panel to
contribute to the development of the informational pamphlet.
Prohibit the members of the panel from receiving compensation
for their services. Require the panel to be composed of 15
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
ASL, 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 an ASL 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
ASL, appointed by the Governor;
g) A representative of a nonprofit organization that
services primarily auditory-oral learners, appointed by the
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Speaker of the Assembly;
h) A representative of a nonprofit organization that
services primarily ASL 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;
j) A researcher engaged in the study of ASL and
communication modalities for persons who are deaf and hard
of hearing, appointed by the Governor; and,
aa) Two adults who are deaf or hard of hearing, and who
primarily use other visual communication modalities,
appointed by the Governor;
bb) An audiologist who specializes in evaluating and
treating infants, appointed by the Speaker of the Assembly;
cc) A physician who specializes in pediatric otolaryngology,
appointed by the Senate Committee on Rules; and,
dd) The Superintendent of Public Instruction, or his or her
designee, who is required to be an ex officio member.
7)Require, at least five members of the panel appointed by the
Governor, one member appointed by the Senate Committee on
Rules, and one member appointed by the Speaker of the
Assembly, to be deaf or hard of hearing.
8)Require all members of the panel referenced in 5) above to be
appointed no later than January 1, 2012 and serve no more than
five years.
9)Prohibit a member of the panel from having a financial
relationship or a conflict of interest with any entity that
has contributed funding pursuant to 12) below.
10)Require the panel to commence operations on January 1, 2012.
Require the panel to provide recommendations to be included in
the pamphlet developed six months after the panel commences
operations. Require the panel to hold meetings at CDE
headquarters and the number of meetings is required not to
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exceed six in this six-month period. Require, every two years
thereafter, CDE to review the pamphlet and revise the
information, if CDE determines that new or revised information
is necessary. Permit, at the request of CDE, the panel to be
reconvened to review updates and changes to the pamphlet.
Require the panel three months to review and provide
additional recommendations to CDE. Require the panel to hold
meetings at the CDE headquarters and the number of meetings is
required not to exceed three in this three-month period.
11)Require CDE and the panel to consider written input and
information submitted by members of the general public in the
creation of the pamphlet.
12)Require the panel to remain in existence until January 1,
2017.
13)Require the pamphlet to be made available in Cantonese,
English, Spanish, and Vietnamese. Require the pamphlet to be
made available on CDE's Internet Web site. Require CDE to
make available on its Internet Web site a video where the text
of the pamphlet developed pursuant to this bill is presented
in ASL with captioning in written English.
14)Create the Language and Communication for Deaf and Hard of
Hearing Children Fund in the State Treasury (Fund). Require
the Fund to contain donations that have been collected and
deposited for the purposes of implementing the provision of
this bill, as well as any federal funds made available for
purposes of this bill. Require the Fund to contain any
interest and dividends earned on moneys in the Fund.
15)Prohibit an entity or individual from contributing moneys to
this fund that has a commercial interest related to
communication options, or products for the deaf or hard of
hearing. Requires a donor to disclose any commercial interest
at the time of the donor's donation is remitted to the State
Treasury. Prohibit the provisions in this bill from being
construed to preclude a tax-exempt non-profit organization,
qualified under the Internal Revenue Code from donating to
this fund.
16)Prohibit state funds from being used to implement the
provisions of this bill.
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17)Require moneys in the Fund to be available, upon
appropriation by the Legislature, for the implementation of
the provisions of this bill.
18)Prohibit moneys from being expended from the Fund until the
Director of Finance determines that sufficient money is in the
Fund to implement the provisions of this bill. Require that,
if sufficient money is in the Fund, the Director of Finance to
file a written notice thereof with the Secretary of State.
19)State that it is the intent of the Legislature that every
newborn and infant who does not pass his or her preliminary
hearing screening test receive a follow-up hearing screening
no later than three months of age and encourages CDE to work
toward this goal.
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.
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.
AS PASSED BY THE ASSEMBLY , this bill required parents of all
newborns and infants diagnosed with a hearing loss to be
provided specified information on communication options for
children with hearing loss.
FISCAL EFFECT : According to the Senate Appropriations
Committee, costs in the amount of $126,000 in fiscal year (FY)
2011-1012 and $252,000 in FY 2012-2013 from private funding
sources.
COMMENTS : According to the author, with new developments in
cochlear implants, more profoundly deaf children are able to
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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.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097
FN: 0006682