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Minutes for HB2621 - Committee on Education
Short Title
Prohibiting the state school for the deaf from dismissing or transferring any student who gains access to hearing.
Minutes Content for Wed, Feb 16, 2022
The Chairperson opened the hearing on HB2621.
Jason Long, Office of the Revisor, gave a summary of the bill. (Attachment 1)
Proponent Conferees
Monica Lillis Salmon spoke as a proponent, sharing her experience as a caretaker for Anje, a child who was born deaf and gradually recovered her hearing. She shared how important American Sign Language (ASL) has been to Anje. (Attachment 2)
Sharon Knewtson, parent of Anje, explained this bill to change the ability of the Kansas School for the Deaf (KSD) to move a student into regular public school based on hearing gain, is not about one child, but applies widely to students. She explained how the absence of language affects brain connections and learning development. She shared her story of what happened to her daughter, Anje, who was born deaf and through her education at the Kansas School for the Deaf (KSD) learned to express her self with ASL. Over time, Anje began to gain hearing but ASL was her primary language. Knewtson advocated that learning, with whatever language one has, promotes brain development. Anje gained hearing but not speech, so her only expression is with ASL and having that taken away when she was removed from KSD has been very difficult and interrupted Anje's learning skills. She noted that at KSD there is a broad range of hearing, hard of hearing, speaking, not speaking, and each child is some place on that spectrum. Anje was transferred from KSD because of her hearing gain and her mother believes it has been very detrimental. Knewtson stated the transfer was not part of the Individualized Education Plan (IEP) for Anje. Knewtson urged the Committee to consider updating statute to reflect today's reality of children regaining hearing through technology or naturally and make the necessary legal changes to provide quality education for children who do not fit into present categories. (Attachment 3) (Attachment 4) She noted she has submitted a statement from the Olathe Public Schools Special Services. (Attachment 5)
Neutral Conferees
Robert Cooper, Executive Director of the Kansas Commission for the Deaf and Hard of Hearing (KCDHH), spoke as a neutral conferee. He gave an overview of what his organization does and the issues they see in this case. KCDHH believes much can been learned from this situation, but while this bill addresses the problem directly, it doesn't elaborate on how it will help to resolve the specific situation or others like it. They are also concerned about creating an exception. Overall, he urged the Committee to take a thoughtful approach, consider the cons and sequences and effects of the changes to the present statute. More time is needed, he stated. (Attachment 6)
Leonard Hall, is a member of the KCDHH. He questioned whether this bill is in conflict with the federal laws on Individuals with Disabilities Education Act (IDEA) and whether there are options for the students in IDEA. He explained the IEP (Individual Education Plan) process. First a child must be determined to have a disability with hearing, and then a plan is devised. The parents have the right to appeal the decision. A resolution meeting is held. The due process officer renders a decision. Either party can file an appeal of the due process hearing to the Board of Education. If that is not what the parents want they can file an appeal to the state or federal district court. This bill, Mr. Hall stated, appears to be in conflict with IDEA and the IEP process. (Attachment 7)
Opponent Conferees
Luanne Barron, Superintendent of the Kansas School for the Deaf, testified as an opponent. She stated that this bill conflicts with student policy that admits students based on being deaf. This will would result in a new admissions policy. KSD's expertise is not with hearing students, it is with deaf students. She stated that her school is not prepared to teach hearing students. She believes this bill could jeopardize funding and set a bad precedent because it is designed to make a decision for one student. Superintendent Barron stated this bill was created in haste. She explained the present applicable statute is written to protect the integrity of the school and ensures that all deaf and hard of hearing students receive the best possible education in a fully accessible environment. (Attachment 8)
Joan Macy, an administrator at KSD, spoke as opponent of the bill. She stated the KSD was established only for students who have a medically diagnosed hearing loss. Most deaf and hard of hearing (DHH) students are born into hearing families and need an environment like KSD that has a rich culture of deaf communication. Macy defined the different needs of DHH students and hearing students in terms of what environment will help them develop strong skills. She believes this legislation would be detrimental to both hearing and DHH students, is against federal law, and forces schools to look at children in terms of decibels instead of looking at the child as a whole person. She urged the Committee to oppose HB2621. (Attachment 9)
Kim Anderson, President of the Kansas Association of the Deaf (KAD), asks that the Kansas Legislature respectfully defer to the deaf community, to the Kansas Commission for the Deaf and Hard of Hearing, and allow them time to work towards a solution in this situation and not interfere with a statute change. He urged the Committee not to pass this bill. (Attachment 10)
Sarah Mohr, parent of a deaf 11 year old girl, Alana, who attends KSD, spoke as an opponent. To have Alana attend KSD, her family makes a six hour trip twice weekly. Alana is thriving in the quality program and rich ASL/deaf communication environment. Alana was originally enrolled in her local school district but her family felt she needed more assistance and went through a due process hearing which resulted in Alana attending KSD. Mohr warned there would be unintended consequences from this bill. Her family fought hard to get her child into KSD, and she wants to protect the school for those children who are deaf or hard of hearing. (Attachment 11)
Opponent Written Only Testimony
Deena Horst and Ben Jones, Kansas State Board of Education (Attachment 12)
Chriz Dally, Chair of the Kansas Commission for the Deaf and Hard of Hearing (Attachment 13)
There was a time of questions and a lively discussion ensued.
The Chairperson asked Ben Jones, legislative liaison from the State Board of Education, the body that serves as the "local" school board for KSD, to follow up on this situation and report back. He then closed the hearing on HB2621.
