(a) Given the unique communication needs for children who are deaf and hard of hearing there is a need to further develop the comprehensive statewide program which implements a systematic approach to service these children in areas which may include overseeing the development, delivery, and data tracking of these children across the State.

(b) The term “communication mode or language mode” means 1 or more of the following systems or methods of communication applicable to children who are deaf or hard of hearing:

(1) American Sign Language;

(2) English-based manual or sign systems;

(3) Oral, aural, speech-based training;

(4) Spoken and written English, including speech reading or lip reading; and

(5) Communication with assistive technology devices to facilitate language and learning.

(c) In developing an individualized education plan (IEP) for a child who is deaf or hard of hearing, in addition to any other requirements established by the Department of Education, the district or charter school shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. The school system shall consider the child’s specific communication needs and address those needs as appropriate in the child’s individualized education program. In considering the child’s needs, the district or charter school shall expressly consider the following:

(1) The child’s individual communication mode or language;

(2) The availability to the child of a sufficient number of age, cognitive, academic, and language peers of similar abilities if the parents so desires;

(3) The availability to the child of deaf or hard of hearing adult models of the child’s communication mode or language;

(4) The provision of optimal, direct, and ongoing language access to teachers of the deaf and hard of hearing, interpreters, psychologists, educational audiologists, administrators, and other special education personnel who are knowledgeable due to specific training and who are proficient in the child’s primary communication mode or language;

(5) The provision of communication-accessible academic instruction, school services, and direct access to all components of the educational process, including but not limited to, recess, lunch and extracurricular social and athletic activities including the equal opportunity to participate in advanced course work and/or technical vocational course work and academic classes as identified by the Individual Education Program team;

(6) Enabling a parent or guardian to make informed decisions concerning which educational options are best suited to the parent’s or guardian’s child, and be involved in determining the optimal services, placement and content of their individual program; and

(7) Equipping children who are deaf or hard of hearing with appropriate assistive technology across a full spectrum.

(d) No child who is deaf or hard of hearing shall be denied the opportunity for instruction in a particular communication mode or language solely because another communication mode or language was originally chosen for the child.

(e) A variety of factors may be considered when determining the optimal instruction in a communication mode, including but not limited to:

(1) Changes in the child’s hearing or vision;

(2) Development in or availability of assistive technology;

(3) The physical and acoustic design of the learning environment; and

(4) The subject matter.

(f) A child may receive instruction in more than 1 communication mode or language.

77 Del. Laws, c. 474, § 1; 78 Del. Laws, c. 179, §§ 136-140.