§ 16-25.2-2 Development of program. (a) In developing the individualized educational program for those students whoare deaf or hard of hearing, the assessments necessary for the development ofthe program shall include a language assessment performed for each student todetermine that student's primary communication mode, style, and language. Thelanguage assessment shall be undertaken by individuals proficient in thecommunication mode, style, or language(s) being assessed. The communicativesocial, emotional, and cultural needs and preferences of students who are deafor hard of hearing vary widely and deserve careful consideration. The languageassessment required for development of an individualized educational programshall consider the primary means of communication to which a child isaccustomed, the student's ability and opportunities to communicate with others,whether hearing or not, and student and parent preferences for communicationmode, style, and language. Some students who are deaf or hard of hearing useAmerican sign language, others more effectively express and receive English oranother language orally and aurally, with or without visual signs or cues.Other students may most effectively use a combination of language(s) orcommunication modes. In order to meet the individual needs of these students, avariety of options must be available when determining an appropriate program.
(b) In undertaking the development of an individualizededucational program for students who are deaf or hard of hearing, theindividualized educational program team shall consider the individualeducational needs of each student including, but not limited to, each of thefollowing factors which is appropriate for the individual student:
(1) Providing the student who is deaf or hard of hearing withadministrators, teachers, teacher aids, audiologists, speech therapists,psychologists, interpreters, and other personnel who are trained to work withchildren who are deaf or hard of hearing and are proficient in the primarylanguage(s) and language mode(s) of those children;
(2) Providing children who are deaf or hard of hearing withan educational environment which includes other students who are deaf or hardof hearing who are of approximately the same age and ability and with whom theycan directly communicate;
(3) Providing children who are deaf or hard of hearing withopportunities to interact with adult role models who are deaf or hard ofhearing;
(4) Providing children who are deaf or hard of hearing withfull access to all components of the educational process, including but notlimited to recess, lunch, and extracurricular activities;
(5) Teaching children who are deaf or hard of hearing inEnglish and American sign language so that they develop an "adult" level offluency; and
(6) That the determination of the least restrictiveenvironment as used in state and federal law takes into consideration theunique communication needs of children who are deaf or hard of hearing asdescribed in this chapter. Nothing in this chapter shall be construed torequire a particular language, communication, or program choice for a studentwho is deaf or hard of hearing. Those determinations must be made through theindividualized education decision making process for each student.