Amended in Assembly January 4, 2016

Amended in Assembly April 13, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 412

Introduced by Assembly Member Chávez

February 19, 2015

An act to amend Section begin delete 51210 end delete begin insert 56000.5 end insert of the Education Code, relating to begin delete pupil instruction. end delete begin insert special education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 412, as amended, Chávez. begin delete Pupil instruction: required courses of study: physical education complaint procedure. end delete begin insert Special education: nonverbal pupils. end insert

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Existing law makes certain findings and declarations relating to the education of hard-of-hearing and deaf pupils.

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This bill would revise those findings and declarations to include nonverbal pupils.

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Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and physical education, as specified. Existing law requires that physical education have a total period of time of not less than 200 minutes each 10 schooldays, as provided.

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This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the physical education requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures, as specified. The bill would authorize a complainant not satisfied with the school district’s or county superintendent of schools decision to file an appeal with the Superintendent of Public Instruction. If a school district or county superintendent of schools finds merit in the complaint, or the Superintendent finds merit in the appeal, the bill would require the school district or county superintendent of schools to provide a remedy, as provided. To the extent this bill would impose additional duties on school districts or county education officials, the bill would impose a state-mandated local program. The bill would prohibit specified civil actions against a school district or county superintendent of schools relating to noncompliance with the physical education requirements unless the complainant first follows local complaint procedures, if any, or the Uniform Complaint Procedures, if no local complaint procedures exist.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . 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:

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begin insert SECTION 1. end insert   

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begin insert Section 56000.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

56000.5.  

(a) The Legislature finds and declares that:

(1) Pupils with low-incidence disabilities, as a group, make up
less than 1 percent of the total statewide enrollment for
kindergarten through grade 12.

(2) Pupils with low-incidence disabilities require highly
specialized services, equipment, and materials.

(b) The Legislature further finds and declares that:

(1) Deafness involves the most basic of human needs--the
ability to communicate with other human beings. Many
begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert
children use an appropriate communication mode, sign language,
which may be their primary language, while others express and
receive language orally and aurally, with or without visual signs
or cues. Still others, typically young begin delete hard-of-hearing and deaf end delete
begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert children, lack any significant
language skills. It is essential for the well-being and growth of
begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert
children that educational programs recognize the unique nature of
deafness and ensure that all begin delete hard-of-hearing and deaf end delete
begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert children have appropriate,
ongoing, and fully accessible educational opportunities.

(2) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing,
deaf, and nonverbal end insert children, like all children, have an education
in which their unique communication mode is respected, utilized,
and developed to an appropriate level of proficiency.

(3) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing,
deaf, and nonverbal end insert children have an education in which special
education teachers, psychologists, speech therapists, assessors,
administrators, and other special education personnel understand
the unique nature of deafness and are specifically trained to work
with begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing, deaf, and nonverbal end insert
pupils. It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert ,
deaf, and nonverbal end insert children have an education in which their
special education teachers are proficient in the primary language
mode of those children.

(4) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert ,
deaf, and nonverbal end insert children, like all children, have an education
with a sufficient number of language mode peers with whom they
can communicate directly and who are of the same, or
approximately the same, age and ability level.

(5) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert ,
deaf, and nonverbal end insert children have an education in which their
parents and, where appropriate, begin delete hard-of-hearing and deaf end delete
begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert people are involved in
determining the extent, content, and purpose of programs.

(6)  begin delete Hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf, and
nonverbal end insert begin insert end insert children would benefit from an education in which they
are exposed to begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf,
and nonverbal end insert role models.

(7) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert ,
deaf, and nonverbal end insert children, like all children, have programs in
which they have direct and appropriate access to all components
of the educational process, including, but not limited to, recess,
lunch, and extracurricular social and athletic activities.

(8) It is essential that begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert ,
deaf, and nonverbal end insert children, like all children, have programs in
which their unique vocational needs are provided for, including
appropriate research, curricula, programs, staff, and outreach.

(9) Each begin delete hard-of-hearing and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf, and
nonverbal end insert child should have a determination of the least restrictive
educational environment that takes into consideration these
legislative findings and declarations.

(10) Given their unique communication needs, begin delete hard-of-hearing
and deaf end delete begin insert hard-of-hearing end insert begin insert , deaf, and nonverbal end insert children would
benefit from the development and implementation of regional
programs for children with low-incidence disabilities.

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SECTION 1.  

Section 51210 of the Education Code is amended
to read:

51210.  

(a) The adopted course of study for grades 1 to 6,
inclusive, shall include instruction, beginning in grade 1 and
continuing through grade 6, in the following areas of study:

(1) English, including knowledge of, and appreciation for
literature and the language, as well as the skills of speaking,
reading, listening, spelling, handwriting, and composition.

(2) Mathematics, including concepts, operational skills, and
problem solving.

(3) Social sciences, drawing upon the disciplines of
anthropology, economics, geography, history, political science,
psychology, and sociology, designed to fit the maturity of the
pupils. Instruction shall provide a foundation for understanding
the history, resources, development, and government of California
and the United States of America; the development of the American
economic system, including the role of the entrepreneur and labor;
the relations of persons to their human and natural environment;
eastern and western cultures and civilizations; contemporary issues;
and the wise use of natural resources.

(4) Science, including the biological and physical aspects, with
emphasis on the processes of experimental inquiry and on the place
of humans in ecological systems.

(5) Visual and performing arts, including instruction in the
subjects of dance, music, theater, and visual arts, aimed at the
development of aesthetic appreciation and the skills of creative
expression.

(6) Health, including instruction in the principles and practices
of individual, family, and community health.

(7) Physical education, with emphasis upon the physical
activities for the pupils that may be conducive to health and vigor
of body and mind, for a total period of time of not less than 200
minutes each 10 schooldays, exclusive of recesses and the lunch
period.

(8) Other studies that may be prescribed by the governing board.

(b) (1) A complaint that a school district or county
superintendent of schools has not complied with the physical
education requirements of paragraph (7) of subdivision (a) may
be filed with a school district or county superintendent of schools
pursuant to the local complaint procedures, if any, or the Uniform
Complaint Procedures set forth in Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.

(2) A complainant not satisfied with the decision of the school
district or county superintendent of schools may appeal the decision
to the Superintendent and shall receive a written appeal decision
within 60 days of the Superintendent’s receipt of the appeal.

(3) If a school district or county superintendent of schools finds
merit in a complaint filed pursuant to this subdivision, or if the
Superintendent finds merit in an appeal made pursuant to paragraph
(2), the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.

(4) A private right of action or civil action shall not be brought
against a school district or county superintendent of schools relating
to noncompliance with the physical education requirements of
paragraph (7) of subdivision (a) unless the complainant first follows
the local complaint procedures, if any, or the Uniform Complaint
Procedures, pursuant to Chapter 5.1 (commencing with Section
4600) of Division 1 of Title 5 of the California Code of
Regulations, if no local complaint procedures exist.

SEC. 2.  

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.

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