BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: AB 455 AUTHOR: Medina AMENDED: June 15, 2014 FISCAL COMM: Yes HEARING DATE: June 25, 2014 URGENCY: No CONSULTANT:Lynn Lorber SUBJECT : Common core standards: Braille and American Sign Language. SUMMARY This bill requires the Superintendent of Public Instruction to develop standards in Braille and American Sign Language that are aligned to the common core standards. BACKGROUND Current law: 1) Requires the Superintendent of Public Instruction (SPI), by June 30, 2004, to convene an advisory task force to develop K-12 standards for Braille, and required specific representation on the task force. Current law requires the State Board of Education (SBE) to adopt, by June 1, 2006, reading and mathematics standards in Braille for students 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 (Education Code § 56351.7, § 56351.8, and § 56351.9) 2) Requires schools to provide opportunities for Braille instruction to students who, due to a prognosis of visual deterioration, may be expected to need Braille as a reading medium. (EC § 56351) ANALYSIS This bill requires the Superintendent of Public Instruction AB 455 Page 2 to develop standards in Braille and American Sign Language that are aligned to the common core standards. Specifically, this bill: Braille 1) Requires the Superintendent of Public Instruction (SPI) to consult with a group of experts on the blind and visually impaired to develop K-12 standards that are aligned to the common core academic standards to learn, and achieve the mastery of and literacy in, Braille. 2) Requires the SPI to consult with the same group of experts to develop standards that are aligned to the common core standards in Braille mathematics. 3) Requires the group of experts to include, but is not limited to, representatives of all of the following: a) Parents of blind and visually impaired students. b) Teachers of blind and visually impaired students who are currently and actively engaged in the teaching of Braille. c) Researchers in the field of blindness and visual impairment. d) Curriculum and instructional specialists with experience with blind and visually impaired students. e) People who are blind or organizations that use and promote the reading and writing of Braille. Requires at least one-half of the members of the group of experts to be currently employed public school teachers. American Sign Language AB 455 Page 3 1) Requires the SPI to consult with a group of experts on the Deaf or Heard-of-Hearing to develop K-12 standards that are aligned to the common core standards to learn, and achieve the mastery of and literacy in, American Sign Language. 2) Requires the group of experts to include, but is not limited to, representatives of all of the following: a) Parents of students who are Deaf or Hard-of-Hearing. b) Teachers of students who are Deaf or Hard-of-Hearing. c) Researchers in the field of deafness and auditory impairment. d) Curriculum and instructional specialists with experience with students who are Deaf or Hard-of-Hearing. e) Groups that advocate for the teaching of, and the use of, American Sign Language. Requires at least one-half of the group of experts to be currently employed public school teachers. 3) Requires the American Sign Language standards to be developed for students who are Deaf or Hard-of-Hearing and use American Sign Language as their primary language or literacy access mode, as defined in the student's individualized education program (IEP). Provides that the standards are {not} intended for students who are Deaf or Hard-of-Hearing and do not use American Sign Language as their primary language, but instead access a general education curriculum by use of amplification, residual hearing, listen and spoken language, cued speech, or sign supported speech. 4) Authorizes county offices of education, school districts, and special education local plan areas to AB 455 Page 4 provide to students who are Deaf or Hard-of-Hearing opportunities for instruction to master the American Sign Language literacy standards adopted by the SBE. This bill requires the Deaf and Hard-of-Hearing standards to be advisory and provide that they are not intended to interfere with a student's IEP. Recommendation and adoption of standards 1) Requires the SPI to recommend the standards to the State Board of Education (SBE) by May 31, 2016. 2) Requires the SBE to adopt the standards by June 30, 2016, unless the SBE revises the standards. This bill requires the SBE, upon revision of the standards, to provide written reasons for the revisions at a regularly scheduled public meeting, and adopt the revised standards at a subsequent meeting but no later than July 31, 2016. STAFF COMMENTS 1) Drafting error . This bill provides that the American Sign Language standards are intended for students who are Deaf or Hard-of-Hearing and do not use American Sign Language as their primary language, but instead access a general education curriculum by use of amplification, residual hearing, listen and spoken language, cued speech, or sign supported speech. A drafting error omitted a critical word that changes the entire meaning of this provision. The language should provide that the American Sign Language standards are not intended for students who are Deaf or Hard-of-Hearing who do not use American Sign Language as their primary language. Staff recommends an amendment to correct this drafting error. 2) Existing Braille standards . The State Board of Education (SBE) adopted standards in Braille reading and mathematics in 2006. These standards are aligned to the prior English language arts and mathematics Reading standards: AB 455 Page 5 http://www.cde.ca.gov/sp/se/sr/documents/braillereadstand .pdf#search=Braille%20standards&view=FitH&pagemode=none Mathematics standards: http://www.cde.ca.gov/sp/se/sr/documents/braillemathstand .pdf#search=Braille%20standards&view=FitH&pagemode=none This bill requires the Superintendent of Public Instruction (SPI) to develop standards in Braille (English and mathematics) that are aligned to the common core standards. 3) American Sign Language . California does not currently have content standards in American Sign Language. This bill requires the SPI to develop English language arts standards in American Sign Language that are aligned to the common core standards. The Deaf and Hard-of Hearing Education Advisory Task Force issued a report in 1999. One of the recommendations was that CDE coordinate the implementation of rigorous content and performance standards in all areas of instruction, including communication, vocational and career preparation, and transition readiness, consistent with California's curriculum frameworks and content standards. http://www.cde.ca.gov/sp/ss/dh/documents/deafhhrpt.pdf#search= deaf/hard%20of%20hearing&view=FitH&pagemode=none Current law states legislative findings and declarations that acknowledge the essential need for students who are deaf or hard-of-hearing to be educated in an environment that respects and uses the student's preferred mode of communication. (EC § 56000.5) This bill, once amended to correct a drafting error, provides that the standards in American Sign Language are not intended for students who do not use American Sign Language as their primary language. Students who are deaf or hard-of-hearing use a variety of modes of communication, one of which is American Sign Language. AB 455 Page 6 Other modes include the use of amplification, residual hearing, listen and spoken language, cued speech and sign supported speech. This bill authorizes, but does not require, local educational agencies to provide students with opportunities for instruction in American Sign Language. This bill provides that standards in American Sign Language are to be advisory and are not intended to interfere with a student's individualized education program (IEP). It is the role of the IEP team to determine the appropriate modality for each student; the development of standards in American Sign Language will not require all students who are deaf or hard-of-hearing to be instructed using American Sign Language. 4) Technical amendments . This bill requires the SPI to make a recommendation to the State Board of Education (SBE) regarding the standards. Staff recommends an amendment to clarify that the SPI is to recommend adoption of the standards. This bill requires the development of standards that are aligned to the common core academic content standards. Staff recommends an amendment to include a cross-reference to the sections of the Education Code that relate to the adoption of the common core standards (EC § 60605.8 and § 60605.11). 5) Fiscal impac t. According to the Assembly Appropriations Committee, this bill could impose: a) One-time General Fund administrative costs, likely between $150,000 and $250,000, to reestablish the Braille standards task force and establish a task force to develop American Sign Language standards. b) Potential, unknown General Fund (Proposition 98) costs, likely less than $100,000, to local educational agencies to provide students who are deaf and hard of hearing with opportunities for AB 455 Page 7 instruction in American Sign Language. Presumably, these costs would not be reimbursable if in the pupil's individualized education plan delineated the use of these literacy standards in their instructional program. 6) Related legislation . SB 1057 (Corbett) requires the Superintendent of Public Instruction (SPI) to develop history-social science standards by March 30, 2018, and requires the State Board of Education (SBE) to adopt, reject, or modify the history-social science content standards by July 30, 2018. SB 1057 is scheduled to be heard in the Assembly Education Committee on June 25. AB 1539 (Hagman) requires the Instructional Quality Commission to develop computer science content standards by July 31, 2016. AB 1539 is scheduled to be heard in this Committee on June 25. AB 2016 (Campos) requires the SBE to consider adopting, by March 1, 2017, content standards in sexual abuse and sexual assault awareness and prevention upon the recommendations of the SPI. AB 2016 is scheduled to be heard in this committee on June 25. SUPPORT Association of California School Administrators California School Boards Association California Teachers Association Superintendent of Public Instruction OPPOSITION None on file.