AB621: Bill Text

AB621,32 Section 32. 115.51 (2) of the statutes is amended to read:

AB621,9,3 115.51 (2) “Hearing impaired Deaf or hard of hearing" has the meaning given in the rules promulgated by the state superintendent to define “hearing impairments loss" under s. 115.76 (5) (a) 2.

AB621,33 Section 33. 115.52 (1m) of the statutes is amended to read:

AB621,9,7 115.52 (1m) Purpose. The purpose of the program is to serve as a statewide educational resource relating to hearing impairments loss to benefit all Wisconsin children who are hearing impaired deaf or hard of hearing.

AB621,34 Section 34. 115.52 (2) of the statutes is amended to read:

AB621,9,12 115.52 (2) Governance. The state superintendent shall maintain and govern the program's facilities. The state superintendent shall appoint an individual who has training and experience in educating pupils who are hearing impaired deaf or hard of hearing to serve as the director of the program.

AB621,35 Section 35. 115.52 (3) (intro.) of the statutes is amended to read:

AB621,9,15 115.52 (3) Services. (intro.) The program shall provide services that benefit children throughout the state who are hearing impaired deaf or hard of hearing.

AB621,36 Section 36. 115.52 (3) (a) 1. of the statutes is amended to read:

AB621,9,24 115.52 (3) (a) 1. `Residents 3 to 20 years old.' The program shall operate a school at which any resident of this state 3 to 20 years old who is hearing impaired deaf or hard of hearing, and for the duration of a school term any resident of this state who is hearing impaired deaf or hard of hearing and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the program as the appropriate placement.

AB621,37 Section 37. 115.52 (3) (a) 2. of the statutes is amended to read:

AB621,10,6 115.52 (3) (a) 2. `Residents 21 years old or older.' The state superintendent may admit to the school operated by the program a resident of the state who is hearing impaired deaf or hard of hearing and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health services, the director of the technical college system, or the director of the program.

AB621,38 Section 38. 115.52 (3) (a) 3. of the statutes is amended to read:

AB621,10,15 115.52 (3) (a) 3. `Nonresidents.' A nonresident of this state, who is hearing impaired deaf or hard of hearing, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the program as the appropriate placement, and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil.

AB621,39 Section 39. 115.52 (3) (b) 4. of the statutes is amended to read:

AB621,10,18 115.52 (3) (b) 4. Provide in-service and other training to teachers and other staff serving pupils who are hearing impaired deaf or hard of hearing.

AB621,40 Section 40. 115.52 (3) (b) 5. of the statutes is amended to read:

AB621,10,23 115.52 (3) (b) 5. Provide training, technical assistance, and consultation services for parents of children who are hearing impaired deaf or hard of hearing and for professionals who work with children who are hearing impaired deaf or hard of hearing.

AB621,41 Section 41. 115.52 (3) (b) 6. of the statutes is amended to read:

AB621,11,2 115.52 (3) (b) 6. Provide access to educational materials to children who are hearing impaired deaf or hard of hearing.

AB621,42 Section 42. 115.52 (3) (b) 8. of the statutes is amended to read:

AB621,11,5 115.52 (3) (b) 8. Serve as a clearinghouse for information about children who are hearing impaired deaf or hard of hearing.

AB621,43 Section 43. 115.52 (3) (b) 11. of the statutes is amended to read:

AB621,11,9 115.52 (3) (b) 11. Facilitate the preparation of teachers of pupils who are hearing impaired deaf or hard of hearing by providing assistance to teacher preparation programs.

AB621,44 Section 44. 115.52 (3) (b) 12. of the statutes is amended to read:

AB621,11,12 115.52 (3) (b) 12. Provide other statewide services that relate to the education of children who are hearing impaired deaf or hard of hearing.

AB621,45 Section 45. 115.52 (3) (c) 1. of the statutes is amended to read:

AB621,11,17 115.52 (3) (c) 1. `Birth to 3 services.' The program may provide instruction or services, or both, for children who are under the age of 3 and are hearing impaired deaf or hard of hearing and their parents. The instruction or services are subject to the approval of, and shall comply with requirements established by, the department.

AB621,46 Section 46. 115.52 (3) (c) 2. of the statutes is amended to read:

AB621,11,25 115.52 (3) (c) 2. `Library.' Educational media and materials acquired by the program constitute a circulating collection for persons who are hearing impaired deaf or hard of hearing. The collection shall be kept at the program's facility and be under the supervision of its director. All school age children of the state who are hearing impaired deaf or hard of hearing may use the media and materials upon compliance with criteria established by the director of the program and approved by the state superintendent.

AB621,47 Section 47. 115.52 (3) (c) 3. of the statutes is amended to read:

AB621,12,3 115.52 (3) (c) 3. `Summer programs.' The program shall provide summer programs each year for children who are hearing impaired deaf or hard of hearing.

AB621,48 Section 48. 115.53 (5) of the statutes is amended to read:

AB621,12,10 115.53 (5) Arrange for visits by members of the staff of either the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the Wisconsin Center for the Blind and Visually Impaired to other public schools or to families of children who are hearing impaired deaf or hard of hearing or children who are visually impaired, whenever it appears to the state superintendent that such visits will be of advantage to such children.

AB621,49 Section 49. 115.54 of the statutes is amended to read:

AB621,12,23 115.54 Compulsory education. If it appears, by affidavit, to any circuit judge that any child who is either hearing impaired deaf or hard of hearing or visually impaired and who is between the ages of 6 and 21 is deprived of a suitable education by the failure of the person having the care and custody of the child to provide a suitable education, the judge shall order the person to bring the child before the judge. If the material allegations of the affidavit are denied, the judge shall subpoena witnesses and hear testimony. If the allegations are admitted or established, the judge may order the child sent to the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the school operated by the Wisconsin Center for the Blind and Visually Impaired or to some class or other school for instruction, but the order may not make a direct charge for the class or school against any county.

AB621,50 Section 50. 115.76 (5) (a) 2. of the statutes is amended to read:

AB621,12,25 115.76 (5) (a) 2. Hearing impairments loss.

AB621,51 Section 51. 115.787 (3) (b) 4. of the statutes is amended to read:

AB621,13,7 115.787 (3) (b) 4. Consider the communication needs of the child, and, in the case of a child who is hearing impaired deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

AB621,52 Section 52. 118.255 (1) (a) of the statutes is amended to read:

AB621,13,13 118.255 (1) (a) Under this section “physical or mental health treatment services" means treatment for physical or orthopedic disability, developmental disability, emotional disturbance, hearing impairment loss, visual disability, speech or language disability; and includes itinerant services such as evaluative and diagnostic services.

AB621,53 Section 53. 459.01 (2) of the statutes is amended to read:

AB621,13,18 459.01 (2) “Hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing loss and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

AB621,54 Section 54. 459.01 (5) of the statutes is amended to read:

AB621,13,24 459.01 (5) “Practice of fitting and dealing in hearing aids" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board solely for the purpose of making selections, adaptations or sales of hearing aids intended to compensate for impaired hearing loss. This term also includes making impressions for ear molds.

AB621,55 Section 55. 459.10 (1) (q) of the statutes is amended to read:

AB621,14,3 459.10 (1) (q) Intentionally or negligently misrepresented the cause of a hearing impairment loss or the cure of a hearing impairment loss by the use of a hearing aid.

AB621,56 Section 56. 459.20 (3g) of the statutes is amended to read:

AB621,14,8 459.20 (3g) “Hearing aid" means any wearable or implantable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing loss and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

AB621,57 Section 57. 459.20 (3p) of the statutes is amended to read:

AB621,14,14 459.20 (3p) “Practice of fitting and dealing in hearing aids" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board for the purpose of making selections, adaptations or sales of hearing aids intended to compensate for impaired hearing loss, and includes making impressions for ear molds.

AB621,58 Section 58. 459.34 (2) (i) of the statutes is amended to read:

AB621,14,18 459.34 (2) (i) Intentionally or negligently misrepresented the cause of a hearing impairment loss or the cure of a hearing impairment loss by the use of a hearing aid.

AB621,59 Section 59. 632.895 (16) (a) 2. of the statutes is amended to read:

AB621,14,23 632.895 (16) (a) 2. “Hearing aid" means any externally wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing loss and any parts, attachments, or accessories of such an instrument or device, except batteries and cords.

AB621,60 Section 60. 632.895 (16) (b) 1. a. of the statutes is amended to read:

AB621,15,6 632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants that are prescribed by a physician, or by an audiologist licensed under subch. II of ch. 459, in accordance with accepted professional medical or audiological standards, for a child covered under the policy or plan who is under 18 years of age and who is certified as deaf or hearing impaired hard of hearing by a physician or by an audiologist licensed under subch. II of ch. 459.

AB621,61 Section 61. 885.37 (1) of the statutes is amended to read:

AB621,15,20 885.37 (1) If a municipal court has notice that a person who is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment loss, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or, the hearing loss, or the speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

AB621,62 Section 62. 885.37 (3) (b) of the statutes is amended to read:

AB621,16,9 885.37 (3) (b) In any administrative contested case proceeding before a state, county or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding has a language difficulty because of the inability to speak or understand English, has a hearing impairment loss, is unable to speak or has a speech defect, the agency shall make a factual determination of whether the language difficulty or, hearing loss, or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.

AB621,63 Section 63. 885.37 (5) (b) of the statutes is amended to read:

AB621,16,20 885.37 (5) (b) The department of health services shall maintain a list of qualified interpreters for use with persons who have hearing impairments are deaf or hard of hearing. The department shall distribute the list, upon request and without cost, to courts and agencies who must appoint interpreters. If an interpreter needs to be appointed for a person who has a hearing impairment is deaf or hard of hearing, the court or agency shall appoint a qualified interpreter from the list. If no listed interpreter is available or able to interpret, the court or agency shall appoint as interpreter another person who is able to accurately communicate with and convey information to and receive information from the hearing-impaired person who is deaf or hard of hearing.

AB621,64 Section 64. 905.015 (title) of the statutes is amended to read:

AB621,16,23 905.015 (title) Interpreters for persons with language difficulties, limited English proficiency, or hearing loss, or speaking impairments.

AB621,65 Section 65. 905.015 (1) of the statutes is amended to read:

AB621,17,8 905.015 (1) If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.38 (1) (b), or a hearing loss or speaking impairment interprets as an aid to a communication which is privileged by statute, rules adopted by the supreme court, or the U.S. or state constitution, the interpreter may be prevented from disclosing the communication by any person who has a right to claim the privilege. The interpreter may claim the privilege but only on behalf of the person who has the right. The authority of the interpreter to do so is presumed in the absence of evidence to the contrary.

AB621,17,9 (End)