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.