Amended in Assembly May 4, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1369


Introduced by Assembly Member Frazier

(Coauthors: Assembly Membersbegin delete Mullinend deletebegin insert Gonzalez, Mullin,end insert and Williams)

February 27, 2015


An act to add Sectionsbegin delete 56025.5, 56031.5, 56049, 56337.6, and 56337.7 to, and to repeal and add Sections 44227.7 and 56245 of,end deletebegin insert 56334 and 56335 toend insert 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.

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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.

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(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.

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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.

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(3) This

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begin insertThisend insert bill would require the Superintendent of Public Instruction to develop,begin delete on or before January 1, 2017,end deletebegin insert and to completeend insertbegin insert in time for use no later than the beginning of the 2017-18 academic yearend insertbegin insert,end insert program guidelines for dyslexiabegin delete or other reading and writing dysfunctionsend delete to be used to assist regular education teachers, special education teachers, and parents tobegin delete identify, assess,end deletebegin insert identify and assess pupils with dyslexia, and toend insert plan, provide, evaluate, and improve educationalbegin delete servicesend deletebegin insert services, as defined,end insert tobegin delete 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.end deletebegin insert pupils with dyslexia. The bill would require the Superintendent to disseminate the program guidelines through the State Department of Education’s Internet Web site and to provide technical assistance regarding their use and implementation to specified persons.end insert

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(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.

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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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(2) Existing regulations adopted by the State Board of Education include specific basic psychological processes in the definition of “specific learning disability.”

end insert
begin insert

This bill would require the state board to include “phonological processing” in that description of basic psychological processes.

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

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

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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
P4    1in naming letters, recognizing letters, matching letters to sounds,
2and blending sounds when speaking and reading words; difficulty
3recognizing and remembering sight words; consistent transposition
4of number sequences, and letter reversals, inversions, and
5substitutions; and difficulty in replication of content.

6

SEC. 4.  

Section 56031.5 is added to the Education Code, to
7read:

8

56031.5.  

“Specific learning disability” includes dyslexia,
9dyscalculia, dysgraphia, auditory and visual processing disabilities,
10and related disorders.

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11begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 56334 is added to the end insertbegin insertEducation Codeend insertbegin insert,
12to read:end insert

begin insert
13

begin insert56334.end insert  

The state board shall include “phonological
14processing” in the description of basic psychological processes
15in Section 3030 of Title 5 of the California Code of Regulations.

end insert
16

begin deleteSEC. 5.end delete
17begin insertSEC. 2.end insert  

Sectionbegin delete 56049end deletebegin insert 56335end insert is added to the Education Code,
18to read:

19

begin delete56049.end delete
20begin insert56335.end insert  

(a) begin deleteOn or before January 1, 2017, the end deletebegin insertThe end insert
21Superintendent shall develop program guidelines for dyslexiabegin delete or
22other reading and writing dysfunctionsend delete
to be used to assist regular
23education teachers, special education teachers, and parents to
24begin delete identify, assess,end deletebegin insert identify and assess pupils with dyslexia, and toend insert
25 plan, provide, evaluate, and improve educational services tobegin delete pupils.end delete
26begin insert pupils with dyslexia. For purposes of this section, “educational
27services” means an evidence-based, multisensory, direct, explicit,
28structured, and sequential approach to instructing pupils who have
29dyslexia.end insert

30(b) The program guidelines shallbegin delete includeend deletebegin insert include, but shall not
31be limited to,end insert
characteristics typical of pupils with dyslexiabegin delete or other
32reading and writing dysfunctions,end delete
andbegin delete evidence-basedend delete strategies
33for theirbegin delete remediation.end deletebegin insert remediation, as well as information to assist
34educators in distinguishing between characteristics of dyslexia
35and characteristics of normal growth and development.end insert

36(c) begin deleteThe end deletebegin insertIn developing program guidelines pursuant to
37subdivision (a), the end insert
Superintendent shall consult with teachers,
38school administrators,begin delete school psychologists,end deletebegin insert other educational
39professionals, medical professionals, parents,end insert
and otherbegin delete educationalend delete
40 professionals involved in the identification andbegin delete treatmentend deletebegin insert educationend insert
P5    1 ofbegin delete dyslexia or other reading and writing dysfunctions.end deletebegin insert pupils with
2dyslexia.end insert

begin insert

3(d) The Superintendent shall complete the program guidelines
4in time for use no later than the beginning of the 2017-18 academic
5year.

end insert
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6(d)

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7begin insert(end insertbegin inserte)end insert The Superintendent shall disseminate the program guidelines
8begin insert through the department’s Internet Web siteend insert and provide technical
9assistance regarding their use and implementation to parents,
10teachers, school administrators,begin delete other education professionals,end delete and
11faculty members in teacher training programs of institutions of
12higher education.

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13

SEC. 6.  

Section 56245 of the Education Code is repealed.

14

SEC. 7.  

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

15

56245.  

Local in-service training programs for school
16psychologists, regular education teachers, and special education
17teachers in local educational agencies shall include a component
18on the recognition of, and appropriate evidence-based teaching
19methodologies for, dyslexia, as defined in Section 56025.5, or
20other reading and writing dysfunctions, including dyscalculia,
21dysgraphia, auditory and visual processing disabilities, and related
22disorders.

23

SEC. 8.  

Section 56337.6 is added to the Education Code, to
24read:

25

56337.6.  

(a) On or before January 1, 2017, the Superintendent
26shall adopt both of the following:

27(1) An evidence-based screening instrument to identify pupils
28who have dyslexia or other reading and writing dysfunctions.

29(2) An evidence-based, multisensory, direct, explicit, structured,
30and sequential approach to instructing pupils who have dyslexia
31or other reading and writing dysfunctions.

32(b) Commencing with the 2017-18 academic year, a local
33educational agency shall use the screening instrument specified in
34paragraph (1) of subdivision (a) to identify pupils who have
35dyslexia or other reading and writing dysfunctions, and shall
36implement the evidence-based multisensory approach to instructing
37pupils who have dyslexia or other reading and writing dysfunctions
38specified in paragraph (2) of subdivision (a). A local educational
39agency shall ensure that teachers receive appropriate training on
40the screening instrument and the instruction approach.

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SEC. 9.  

Section 56337.7 is added to the Education Code, to
2read:

3

56337.7.  

A local educational agency shall screen all pupils
4enrolled in kindergarten and grades 1 to 3, inclusive, at least once
5per academic year in which a pupil is enrolled in those grade levels,
6to identify dyslexia, as defined in Section 56025.5, or other reading
7and writing dysfunctions. If the screening identifies dyslexia, as
8defined in Section 56025.5, or other reading and writing
9dysfunctions in a pupil, the local educational agency that
10administered the screening shall notify the pupil’s parent or legal
11guardian of the finding in writing within 30 calendar days.

12

SEC. 10.  

If the Commission on State Mandates determines
13that this act contains costs mandated by the state, reimbursement
14to local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.

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