325 ILCS 43/20: Language needs and monitoring program for deaf, hard of hearing, or DeafBlind children.

(a) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall establish a language needs and monitoring program for deaf, hard of hearing, or DeafBlind children. The scope of the program shall include language and communication developmental milestones in American Sign Language, English, Protactile, or the primary language used in the home. The purpose of the program is to assess, monitor, and track the language and communication developmental milestones of children who are deaf, hard of hearing, or DeafBlind and develop a resource for use by parents and guardians to monitor and support deaf, hard of hearing, or DeafBlind children's expressive and receptive language acquisition and developmental stages toward English literacy and kindergarten readiness.

(b) The resource developed under subsection (a) shall:

(1) consider the language and communication developmental milestones recommended by the advisory committee;

(2) be appropriate for use, in both content and administration, with deaf, hard of hearing, or DeafBlind children who use American Sign Language, English, Protactile, or the primary language used in the home;

(3) include and present evidence-based language and communication developmental milestones for typically developing children, by age range; language and communication development milestones shall be aligned with this State's infant, toddler, preschool-age, and school-age guidelines, as well as federal laws and State standards in English language arts and related programs;

(4) be provided in English, American Sign Language, Protactile, and the primary language used in the home for clarity and ease of use by parents, guardians, health care professionals, interventionists, and educators;

(5) be consistent with State and federal guidelines on early intervention, identification, diagnosis, and early childhood education;

(6) inform parents and guardians of their right to choose their preferred language that will be used to communicate and provide a language-rich learning environment for their child, including English, American Sign Language, Protactile, or the primary language used in the home;

(7) inform parents and guardians that they may bring the resource to an individualized family service plan, individualized education program, or federal Section 504 plan meeting for purposes of supporting their choices and observations regarding their child's language and communication development; the resource shall include evidence-based and comprehensive information about American Sign Language, English, Protactile, or the primary language used in the home, as well as available services and programs; and

(8) make clear that the resource is a checklist of language and communication developmental milestones that has been created from evidence-based resources and completed by a parent or guardian and professionals together and may have similarities and differences from standardized testing presented at an individualized family service plan, individualized education program, or federal Section 504 plan meeting; the parent or guardian shall be made aware that the school district is not required to use the resources, language and communication developmental milestones, or specific assessments in this subsection and subsection (a) that are recommended by the advisory committee for the purpose of developing the individualized family service plan, individualized education program, or federal Section 504 plan.

(c) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall consult with subject matter experts on the advisory committee in selecting from lists of validated tools or assessments for interventionists and educators to be used in the assessment of language, communication, and preliteracy development for deaf, hard of hearing, or DeafBlind children, in accordance with assessment requirements under the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. The selection of the tools or assessments shall:

(1) be in a format that shows language and communication developmental milestones;

(2) take into consideration the recommendations of the advisory committee to measure the development of deaf, hard of hearing, or DeafBlind children's expressive and receptive language acquisition and language and communication developmental milestones toward literacy;

(3) be selected from a list of tools or assessments used to assess the development of all children; and

(4) be appropriate, in both content and administration, for use with deaf, hard of hearing, or DeafBlind children.

The tools or assessments may be used, in addition to the assessments required by federal law, by a child's individualized family service plan or individualized education program, as applicable, to track a deaf, hard of hearing, or DeafBlind child's progress and to establish or modify an individualized family service plan or individualized education program. Children with federal Section 504 plans shall be assessed to ensure appropriate services are provided. The tools or assessments may reflect the recommendations of the advisory committee.

(d) The Department of Human Services, in consultation with the Illinois School for the Deaf, the Deaf and Hard of Hearing Commission, the Department of Early Childhood, the State Board of Education, and the Department of Public Health, shall disseminate the resource developed under subsection (a) to the parents or guardians of deaf, hard of hearing, or DeafBlind children and, pursuant to federal law, the Department of Human Services shall disseminate the tools and assessments selected under subsection (c) to early intervention entities and school districts for consideration in the development and modification of individualized family service plans, individualized education programs, and federal Section 504 plans.

(e) The Department of Human Services shall make available to parents and guardians materials and training on the tools, assessments, and resources for deaf, hard of hearing, or DeafBlind children.

(f) Beginning on July 1, 2028, an annual language assessment shall be offered to the parent or guardian of each child who is deaf, hard of hearing, or DeafBlind, in accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. The language assessment shall be administered by a credentialed or licensed professional who meets the qualifications established by the test developer and demonstrates proficiency in the language being assessed.

A deaf, hard of hearing, or DeafBlind newborn child shall be screened by the time the child turns one month old, diagnosed no later than 3 months of age, and referred to an early intervention program by the time the child turns 6 months old. Following the referral to an early intervention program, the initial evaluation, assessment, and individualized family service plan meeting shall occur within 45 days. Services shall begin no later than 30 days after the consent of the parent or guardian is obtained as required by the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act.

A deaf, hard of hearing, or DeafBlind child with late onset hearing loss shall be diagnosed no later than 3 months after a suspected hearing loss and immediately referred to services after diagnosis.

If a deaf, hard of hearing, or DeafBlind child is referred to an early intervention program, a formal assessment shall be offered, in person or virtually, by a developmental therapist-hearing or discipline-specific credentialed provider upon program entry and at yearly intervals, in accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act. Developmental therapists-hearing and discipline-specific credentialed providers shall be expected to refer out as appropriate for children whose primary language is American Sign Language or Protactile to ensure assessments of children are completed by individuals with the ability to accurately conduct such assessments.

A deaf, hard of hearing, or DeafBlind child entering school with an individualized education program or federal Section 504 plan shall receive a formal assessment implemented by a licensed teacher of the deaf or discipline-specific licensed teacher. Licensed teachers of the deaf or discipline-specific licensed teachers shall be expected to refer out as appropriate for children whose primary language is American Sign Language or Protactile to ensure assessments of children are completed by those individuals with the ability to accurately conduct such assessments.

The advisory committee shall recommend the criteria that may be used to identify those individuals who are qualified to conduct accurate American Sign Language or Protactile assessments.

In accordance with the federal Individuals with Disabilities Education Act and Section 10-65 of the Department of Early Childhood Act, if a deaf, hard of hearing, or DeafBlind child does not demonstrate progress in expressive and receptive language skills, the child's individualized family service plan, individualized education program, or federal Section 504 plan team shall be responsible for identifying areas not meeting or progressing toward the language and communication developmental milestones. Data collected on children with disabilities in addition to hearing loss, nonnative English speakers, and children with unilateral or bilateral hearing loss shall be extrapolated and analyzed independently to ensure data efficacy is not compromised. The individualized family service plan, individualized education program, or federal Section 504 plan team, including the parents or guardians, shall consider specific strategies, services, and programs to assist the child's success toward learning the child's parent's or guardian's preferred language. A follow-up meeting shall be scheduled within 30 to 60 days or as deemed appropriate by the individualized family service plan, individualized education program, or federal Section 504 plan team to determine the effects of the recommendations.

(g) All activities in implementing this Section shall be consistent with federal and State law regarding the education of children with disabilities and the privacy of pupil information.