Evaluations

(a) Evaluation procedures Section 614(b) (20 U.S.C. 1414(b)) is amended by adding at the end the following: (7) Children who are deaf, hard of hearing, or deafdisabled (A) In general In conducting the assessments prescribed in paragraph (3)(B), children who are deaf, hard of hearing, or deafdisabled shall be evaluated on language proficiency levels, including expressive, receptive, and pragmatic skills, and ability to access grade level content in the student’s primary language, including American Sign Language, and if appropriate, written language with or without visual supports or hearing assistance technology. Determination of the need for special education and related services shall include evaluation of such children’s unique learning needs, including opportunities for direct language access, without an intermediary such as an interpreter, with peers and professionals in the child’s primary language, including American Sign Language and, if appropriate, spoken language with or without visual supports, and instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique linguistic needs of students who are deaf, hard of hearing, or deafdisabled. (B) Content of evaluations The evaluations described in subparagraph (A) shall, at a minimum, include evaluations assessing the need for services and settings to assist the child in developing or maintaining age appropriate milestones in the child’s primary language, including American Sign Language and written language with or without speech therapy, social development, literacy instruction, instruction in assistive technology proficiency, self sufficiency and self-determination, socialization, recreation and fitness, independent living skills, and age appropriate career education.. (b) Individualized education programs Section 614(d)(1)(A) (20 U.S.C. 1414(d)(1)(A)) is amended— (1) in clause (i)— (A) in subclause (VII), by striking and at the end; (B) in subclause (VIII), by striking the period at the end and inserting; and; and (C) by adding at the end the following: (IX) the projected date for the beginning of the services and modifications described in subclause (IV), the anticipated frequency, location, and duration of those services and modifications.; and (2) by adding at the end the following: (iii) Rule regarding a school for the deaf If a student is placed at a school for the deaf, the school may provide documentation of how its teachers are trained specifically to educate deaf and hard of hearing students, and as a result, will not be required to provide individualized education plans unless the student is deafdisabled..