Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1369


Introduced by Assembly Member Frazier

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(Coauthors: Assembly Members Mullin and Williams)

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February 27, 2015


An act to add Sections 56025.5, 56031.5, 56049, 56337.6, and 56337.7 to, and to repeal and add Sections 44227.7 and 56245 of, the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1369, as amended, Frazier. Special education: dyslexia.

(1) Existing law requires all children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, to be identified, located, and assessed. Existing law provides that a pupil who is assessed as being dyslexic and meets certain eligibility criteria for the federal Individuals with Disabilities Education Act category of specific learning disabilities is entitled to special education and related services. Existing law defines a “specific learning disability” as a disorder in one or more of the basic psychological processes involved in understanding or in using language, and includes in that definition dyslexia and other specified conditions.

This bill would require local educational agencies to screen all pupils enrolled in kindergarten and grades 1 to 3, inclusive, as provided, to identify dyslexia or other reading and writing dysfunctions, and to notify a pupil’s parent or legal guardian of any identified dyslexia or other reading and writing dysfunction, as specified. The bill would define “dyslexia” and “specific learning disability,” as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2) Existing law encourages local in-service training programs for regular education teachers and special education teachers to include a component on, and institutions of higher education that provide teacher training programs to emphasize, the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders.

This bill would instead require local in-service training programs for school psychologists, regular education teachers, and special education teachers in local educational agencies to include a component on, and, commencing with the 2016-17 academic year, the Commission on Teacher Credentialing to require institutions of higher education that provide teacher training programs to include instruction in, the recognition of, and appropriate evidence-based teaching methodologies for, dyslexia or other reading and writing dysfunctions. By requiring local educational agencies to expand their local in-service training programs, the bill would impose a state-mandated local program.

(3) This bill would require the Superintendent of Public Instruction to develop, on or before January 1, 2017, program guidelines for dyslexia or other reading and writing dysfunctions to be used to assist regular education teachers, special education teachers, and parents to identify, assess, plan, provide, evaluate, and improve educational services to pupils, as specified. The bill would require the Superintendent to adopt, on or before January 1, 2017, an evidence-based screening instrument to identify pupils, and an evidence-based, multisensory, direct, explicit, structured, and sequential approach to instructing pupils, who have dyslexia or other reading and writing dysfunctions.

(4) 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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 44227.7 of the Education Code is
2repealed.

3

SEC. 2.  

Section 44227.7 is added to the Education Code, to
4read:

5

44227.7.  

Commencing with the 2016-17 academic year, the
6commission shall require institutions of higher education that
7provide teacher training programs to include in those programs
8instruction in the recognition of, and appropriate evidence-based
9teaching methodologies for, dyslexia, as defined in Section
1056025.5, or other reading and writing dysfunctions, including
11dyscalculia, dysgraphia, auditory and visual processing disabilities,
12and related disorders.

13

SEC. 3.  

Section 56025.5 is added to the Education Code, to
14read:

15

56025.5.  

“Dyslexia” means a specific learning disability that
16is neurological in origin and characterized by difficulties with
17accurate or fluent word recognition and by poor spelling and
18decoding abilities. These difficulties typically result from a deficit
19in the phonological component of language that is often unexpected
20in relation to other cognitive abilities and the provision of effective
21classroom instruction. Secondary consequences may include
22problems in reading comprehension and reduced reading experience
23that can impede the growth of vocabulary and background
24knowledge. Other characteristics include, but are not limited to,
25difficulty in acquiring language skills; inability to comprehend
26oral or written language; difficulty in rhyming words; difficulty
27in naming letters, recognizing letters, matching letters to sounds,
28and blending sounds when speaking and reading words; difficulty
29recognizing and remembering sight words; consistent transposition
30of number sequences, and letter reversals, inversions, and
31substitutions; and difficulty in replication of content.

32

SEC. 4.  

Section 56031.5 is added to the Education Code, to
33read:

34

56031.5.  

“Specific learning disability” includes dyslexia,
35dyscalculia, dysgraphia, auditory and visual processing disabilities,
36and related disorders.

37

SEC. 5.  

Section 56049 is added to the Education Code, to read:

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56049.  

(a) On or before January 1, 2017, the Superintendent
2shall develop program guidelines for dyslexia or other reading and
3writing dysfunctions to be used to assist regular education teachers,
4special education teachers, and parents to identify, assess, plan,
5provide, evaluate, and improve educational services to pupils.

6(b) The program guidelines shall include characteristics typical
7of pupils with dyslexia or other reading and writing dysfunctions,
8and evidence-based strategies for their remediation.

9(c) The Superintendent shall consult with teachers,begin insert schoolend insert
10 administrators, school psychologists, and other educational
11professionals involved in the identification and treatment of
12dyslexia or other reading and writing dysfunctions.

13(d) The Superintendent shall disseminate the program guidelines
14and provide technical assistance regarding their use and
15implementation to parents, teachers,begin insert schoolend insert administrators, other
16education professionals, and faculty members in teacher training
17programs of institutions of higher education.

18

SEC. 6.  

Section 56245 of the Education Code is repealed.

19

SEC. 7.  

Section 56245 is added to the Education Code, to read:

20

56245.  

Local in-service training programs for school
21psychologists, regular education teachers, and special education
22teachers in local educational agencies shall include a component
23on the recognition of, and appropriate evidence-based teaching
24methodologies for, dyslexia, as defined in Section 56025.5, or
25other reading and writing dysfunctions, including dyscalculia,
26dysgraphia, auditory and visual processing disabilities, and related
27disorders.

28

SEC. 8.  

Section 56337.6 is added to the Education Code, to
29read:

30

56337.6.  

(a) On or before January 1, 2017, the Superintendent
31shall adopt both of the following:

32(1) An evidence-based screening instrument to identify pupils
33who have dyslexia or other reading and writing dysfunctions.

34(2) An evidence-based, multisensory, direct, explicit, structured,
35and sequential approach to instructing pupils who have dyslexia
36or other reading and writing dysfunctions.

37(b) Commencing with the 2017-18 academic year, a local
38educational agency shall use the screening instrument specified in
39paragraph (1) of subdivision (a) to identify pupils who have
40dyslexia or other reading and writing dysfunctions, and shall
P5    1implement the evidence-based multisensory approach to instructing
2pupils who have dyslexia or other reading and writing dysfunctions
3specified in paragraph (2) of subdivision (a). A local educational
4agency shall ensure that teachers receive appropriate training on
5the screening instrument and the instruction approach.

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SEC. 9.  

Section 56337.7 is added to the Education Code, to
7read:

8

56337.7.  

A local educational agency shall screen all pupils
9enrolled in kindergarten and grades 1 to 3, inclusive, at least once
10begin delete during the periodend deletebegin insert per academic yearend insert in which a pupil is enrolled
11in those grade levels, to identify dyslexia, as defined in Section
1256025.5, or other reading and writing dysfunctions. If the screening
13identifies dyslexia, as defined in Section 56025.5, or other reading
14and writing dysfunctions in a pupil, the local educational agency
15that administered the screening shall notify the pupil’s parent or
16legal guardian of the finding in writing within 30 calendar days.

17

SEC. 10.  

If the Commission on State Mandates determines
18that this act contains costs mandated by the state, reimbursement
19to local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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