Amended in Senate June 15, 2014

Amended in Assembly May 24, 2013

Amended in Assembly April 9, 2013

Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 455

Introduced by Assembly Member Medina

(Coauthor: Assembly Member Quirk)

February 19, 2013

An act to amend Sections 56351.7, 56351.8, and 56351.9 of, and to add Article 3.6 (commencing with Section 56355) to Chapter 4 of Part 30 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 455, as amended, Medina. Pupil instruction: special education: blind and visually impaired pupils: begin delete deaf and hard-of-hearing pupils. end delete begin insert Deaf or Hard-of-Hearing pupils. end insert

(1) Existing law requires the Superintendent of Public Instruction to form an advisory task force to develop standards for the mastery of the braille code as a child progresses through kindergarten and grades 1 to 12, inclusive. Existing law requires the Superintendent to utilize this advisory task force to develop standards for visually impaired pupils to learn, and achieve mastery of, the braille mathematics code, and requires the task force to report those standards to the State Board of Education by March 1, 2006.

This bill would replace the advisory task force with a group of experts on the blind and visually impaired, as described, and would require the Superintendent, upon consultation with the group of experts, to develop standards that are aligned to the common core academic content standards for blind and visually impaired pupils to learn, and achieve the mastery of and literacy in, the braille code and the braille mathematics code. The bill would require the Superintendent to recommend those standards to the state board by begin delete March 30, 2015. end delete begin insert May 31, 2016. end insert

This bill would additionally require the Superintendent, upon consultation with a group of experts on the Deaf begin delete and hard-of-hearing, end delete begin insert or Hard-of-Hearing, end insert to develop standards that are aligned to the common core academic content standards, for Deaf begin delete and hard-of-hearing end delete begin insert or Hard-of-Hearing end insert pupils to learn, and achieve the mastery of and literacy in, American Sign Language as a pupil progresses through kindergarten and grades 1 to 12, inclusive. The bill would require the Superintendent to recommend these standards to the state board by begin delete March 30, 2015. end delete begin insert May 31, 2016. end insert

(2) Existing law requires the state board to adopt braille reading and mathematics standards for visually impaired pupils by June 1, 2006.

This bill would require the state board to adopt braille reading and mathematics standards for blind and visually impaired pupils that are aligned to the common core academic content standards by June 30, begin delete 2015, end delete begin insert 2016, end insert as specified. The bill would begin delete require end delete begin insert authorize end insert county offices of education, school districts, and special education local plan areas to provide blind and visually impaired pupils opportunities for instruction to master the standards adopted by the state begin delete board, thereby imposing a state-mandated local program. end delete begin insert board. The bill would specify that the standards are to be advisory and are not intended to interfere with a pupil’s individualized education program. end insert

This bill would also require the state board to adopt American Sign Language standards for Deaf begin delete and hard-of-hearing end delete begin insert or Hard-of-Hearing end insert pupils that are aligned to the common core academic content standards by June 30, begin delete 2015, end delete begin insert 2016, end insert as specified. The bill would begin delete require end delete begin insert authorize end insert county offices of education, school districts, and special education local plan areas to provide Deaf begin delete and hard-of-hearing end delete begin insert or Hard-of-Hearing end insert pupils opportunities for instruction to master the standards adopted by the state begin delete board, thereby imposing a state-mandated local program. end delete begin insert board. The bill would specify that the standards are to be advisory and are not intended to interfere with a pupil’s individualized education program. end insert

begin delete

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 56351.7 of the Education Code is
amended to read:

56351.7.  

(a) The Superintendent shall consult with a group of
experts on the blind and visually impaired to develop standards
that are aligned to the common core academic content standards
to learn, and achieve the mastery of and literacy in, the braille code
as a pupil progresses through kindergarten and grades 1 to 12,
inclusive.

(b) The group of experts shall include, but shall not be limited
to, members representing all of the following:

(1) Parents of blind and visually impaired pupils.

(2) Teachers of blind and visually impaired pupils begin insert who are
currently and actively engaged in the teaching of braille end insert .

(3) Researchers in the field of blindness and visual impairment.

(4) Curriculum and instructional specialists with experience
with blind and visually impaired pupils.

begin delete

(5) Groups that advocate for the teaching of, and the use of,
braille.

end delete begin insert

(5) Blind persons or organizations who use and promote the
reading and writing of braille.

end insert

(c) At least one-half of the members of the group of experts
shall be currently employed public schoolteachers.

(d) The Superintendent shall make a recommendation to the
state board regarding the standards developed pursuant to
subdivision (a) by begin delete March 30, 2015. end delete begin insert May 31, 2016. end insert

SEC. 2.  

Section 56351.8 of the Education Code is amended to
read:

56351.8.  

(a) The Superintendent shall consult with the group
of experts established pursuant to Section 56351.7 to develop
standards that are aligned to the common core academic content
standards for pupils described in subdivision (b) to learn, and to
achieve mastery of and literacy in, the braille mathematics code
as they progress through kindergarten and grades 1 to 12, inclusive.

(b) The standards described in subdivision (a) shall be developed
for pupils who, due to a visual impairment, are functionally blind
or may be expected to have a need to learn the braille code as their
primary literacy mode for learning.

(c) The Superintendent shall make a recommendation to the
state board regarding the standards developed pursuant to
subdivision (a) by begin delete March 30, 2015. end delete begin insert May 31, 2016. end insert

SEC. 3.  

Section 56351.9 of the Education Code is amended to
read:

56351.9.  

(a) Except as provided in subdivision (c), by June
30, begin delete 2015, end delete begin insert 2016, end insert the state board shall adopt braille reading and
mathematics standards that are aligned to the common core
academic content standards for pupils who, due to a visual
impairment, are functionally blind or may be expected to have a
need to learn the braille code as their primary literacy mode for
learning.

(b) County offices of education, school districts, and special
education local plan areas begin delete shall end delete begin insert may end insert provide to pupils described
in subdivision (a) opportunities for instruction to master the braille
reading and mathematics standards adopted by the state board.
begin insert The standards shall be advisory and are not intended to interfere
with a pupil’s individualized education program. end insert

(c) (1) The state board shall, if it revises braille reading or
mathematics standards recommended by the Superintendent,
provide written reasons for the revisions at a regularly scheduled
public meeting held pursuant to the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code).

(2) The state board shall adopt the revised braille reading and
mathematics standards at a meeting subsequent to the meeting held
pursuant to paragraph (1) but no later than begin delete August 31, 2015. end delete begin insert July
31, 2016. end insert

SEC. 4.  

Article 3.6 (commencing with Section 56355) is added
to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education
Code, to read:

 

Article 3.6.  Individualized Education Program for Deaf begin delete and
Hard-of-hearing end delete begin insert or Hard-of-Hearing end insert Pupils

 

56355.  

(a) The Superintendent shall consult with a group of
experts on the Deaf begin delete and hard-of-hearing end delete begin insert or Hard-of-Hearing end insert to
develop standards that are aligned to the common core academic
content standards to learn, and achieve the mastery of and literacy
in, American Sign Language as a pupil progresses through
kindergarten and grades 1 to 12, inclusive.

(b) The group of experts shall include, but shall not be limited
to, members representing all of the following:

(1) Parents of begin delete Deaf and hard-of-hearing pupils. end delete begin insert pupils who are
Deaf or Hard-of-Hearing. end insert

(2) Teachers of begin delete Deaf and hard-of-hearing pupils. end delete begin insert pupils who
are Deaf or Hard-of-Hearing. end insert

(3) Researchers in the field of deafness and auditory impairment.

(4) Curriculum and instructional specialists with experience
with begin delete Deaf and hard-of-hearing pupils. end delete begin insert pupils who are Deaf or
Hard-of-Hearing. end insert

(5) Groups that advocate for the teaching of, and the use of,
American Sign Language.

(c) At least one-half of the members of the group of experts
shall be currently employed public schoolteachers.

(d) The standards described in subdivision (a) shall be developed
for pupils who are Deaf or begin delete hard-of-hearing end delete begin insert Hard-of-Hearing end insert and
begin delete who end delete use American Sign Language as their primary language or
literacy access begin delete mode. end delete begin insert mode, as defined in the pupil’s individualized
education program. end insert

(e) The Superintendent shall make a recommendation to the
state board regarding the standards developed pursuant to
subdivision (a) by begin delete March 30, 2015. end delete begin insert May 31, 2016. end insert

56356.  

(a) Except as provided in subdivision (c), by June 30,
begin delete 2015, end delete begin insert 2016, end insert the state board shall adopt American Sign Language
literacy standards that are aligned to the common core academic
content standards for pupils who are Deaf or begin delete hard-of-hearing end delete
begin insert Hard-of-Hearing end insert and use American Sign Language as their primary
language or literacy access begin delete mode. end delete begin insert mode, as defined in the pupil’s
individualized education program. The standards are intended for
pupils who are Deaf or Hard-of-Hearing, do not use American
Sign Language as their primary language, and instead access a
general education curriculum by use of amplification, residual
hearing, listen and spoken language, cued speech, or sign
supported speech. end insert

(b) County offices of education, school districts, and special
education local plan areas begin delete shall end delete begin insert may end insert provide to pupils described
in subdivision (a) opportunities for instruction to master the
American Sign Language literacy standards adopted by the state
board. begin insert The standards shall be advisory and are not intended to
interfere with a pupil’s individualized education program. end insert

(c) (1) The state board shall, if it revises American Sign
Language literacy standards recommended by the Superintendent,
provide written reasons for the revisions at a regularly scheduled
public meeting held pursuant to the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code).

(2) The state board shall adopt the revised standards at a meeting
subsequent to the meeting held pursuant to paragraph (1) but no
later than begin delete August 31, 2015. end delete begin insert July 31, 2016. end insert

begin delete

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete