BILL NUMBER: AB 1369	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Frazier
   (Coauthors: Assembly Members  Mullin  
Gonzalez,  Mullin,  and Williams)

                        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,
  56334 and 56335 to  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 
    This  bill would require the Superintendent of Public
Instruction to develop,  on or before January 1, 2017,
  and to complete   in time for use no later
than the beginning of the 2017-18 academic year   , 
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,   identify and assess pupils with
dyslexia, and to  plan, provide, evaluate, and improve
educational  services   services, as defined,
 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.   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.  
   (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.  
   (2) Existing regulations adopted by the State Board of Education
include specific basic psychological processes in the definition of
"specific learning disability."  
   This bill would require the state board to include "phonological
processing" in that description of basic psychological processes.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 44227.7 of the Education
Code is repealed. 
  SEC. 2.    Section 44227.7 is added to the
Education Code, to read:
   44227.7.  Commencing with the 2016-17 academic year, the
commission shall require institutions of higher education that
provide teacher training programs to include in those programs
instruction in the recognition of, and appropriate evidence-based
teaching methodologies for, dyslexia, as defined in Section 56025.5,
or other reading and writing dysfunctions, including dyscalculia,
dysgraphia, auditory and visual processing disabilities, and related
disorders.  
  SEC. 3.    Section 56025.5 is added to the
Education Code, to read:
   56025.5.  "Dyslexia" means a specific learning disability that is
neurological in origin and characterized by difficulties with
accurate or fluent word recognition and by poor spelling and decoding
abilities. These difficulties typically result from a deficit in the
phonological component of language that is often unexpected in
relation to other cognitive abilities and the provision of effective
classroom instruction. Secondary consequences may include problems in
reading comprehension and reduced reading experience that can impede
the growth of vocabulary and background knowledge. Other
characteristics include, but are not limited to, difficulty in
acquiring language skills; inability to comprehend oral or written
language; difficulty in rhyming words; difficulty in naming letters,
recognizing letters, matching letters to sounds, and blending sounds
when speaking and reading words; difficulty recognizing and
remembering sight words; consistent transposition of number
sequences, and letter reversals, inversions, and substitutions; and
difficulty in replication of content.  
  SEC. 4.    Section 56031.5 is added to the
Education Code, to read:
   56031.5.  "Specific learning disability" includes dyslexia,
dyscalculia, dysgraphia, auditory and visual processing disabilities,
and related disorders. 
   SECTION 1.    Section 56334 is added to the 
 Education Code   , to read:  
   56334.  The state board shall include "phonological processing" in
the description of basic psychological processes in Section 3030 of
Title 5 of the California Code of Regulations. 
   SEC. 5.   SEC. 2.   Section 
56049   56335  is added to the Education Code, to
read:
    56049.   56335.   (a)  On or
before January 1, 2017, the   The  Superintendent
shall develop 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,   identify and assess
pupils with dyslexia, and to  plan, provide, evaluate, and
improve educational services to  pupils.  
pupils with dyslexia. For purposes of this section, "educational
services" means an evidence-based, multisensory, direct, explicit,
structured, and sequential approach to instructing pupils who have
dyslexia. 
   (b) The program guidelines shall  include  
include, but shall not be limited to,  characteristics typical
of pupils with dyslexia  or other reading and writing
dysfunctions,  and  evidence-based 
strategies for their  remediation.  
remediation, as well as information to assist educators in
distinguishing betwee   n characteristics of dyslexia and
characteristics of normal growth and development. 
   (c)  The   In developing program guidelines
pursuant to subdivision (a), the  Superintendent shall consult
with teachers, school administrators,  school psychologists,
  other educational professionals, medical
professionals, parents,  and other  educational
 professionals involved in the identification and 
treatment   education  of  dyslexia or
other reading and writing dysfunctions.   pupils with
dyslexia.  
   (d) The Superintendent shall complete the program guidelines in
time for use no later than the beginning of the 2017-18 academic
year.  
   (d)
    (   e)  The Superintendent shall disseminate
the program guidelines  through the department's Internet Web
site  and provide technical assistance regarding their use and
implementation to parents, teachers, school administrators, 
other education professionals,  and faculty members in
teacher training programs of institutions of higher education.

  SEC. 6.    Section 56245 of the Education Code is
repealed.  
  SEC. 7.    Section 56245 is added to the Education
Code, to read:
   56245.  Local in-service training programs for school
psychologists, regular education teachers, and special education
teachers in local educational agencies shall include a component on
the recognition of, and appropriate evidence-based teaching
methodologies for, dyslexia, as defined in Section 56025.5, or other
reading and writing dysfunctions, including dyscalculia, dysgraphia,
auditory and visual processing disabilities, and related disorders.
 
  SEC. 8.    Section 56337.6 is added to the
Education Code, to read:
   56337.6.  (a) On or before January 1, 2017, the Superintendent
shall adopt both of the following:
   (1) An evidence-based screening instrument to identify pupils who
have dyslexia or other reading and writing dysfunctions.
   (2) An evidence-based, multisensory, direct, explicit, structured,
and sequential approach to instructing pupils who have dyslexia or
other reading and writing dysfunctions.
   (b) Commencing with the 2017-18 academic year, a local educational
agency shall use the screening instrument specified in paragraph (1)
of subdivision (a) to identify pupils who have dyslexia or other
reading and writing dysfunctions, and shall implement the
evidence-based multisensory approach to instructing pupils who have
dyslexia or other reading and writing dysfunctions specified in
paragraph (2) of subdivision (a). A local educational agency shall
ensure that teachers receive appropriate training on the screening
instrument and the instruction approach.  
  SEC. 9.    Section 56337.7 is added to the
Education Code, to read:
   56337.7.  A local educational agency shall screen all pupils
enrolled in kindergarten and grades 1 to 3, inclusive, at least once
per academic year in which a pupil is enrolled in those grade levels,
to identify dyslexia, as defined in Section 56025.5, or other
reading and writing dysfunctions. If the screening identifies
dyslexia, as defined in Section 56025.5, or other reading and writing
dysfunctions in a pupil, the local educational agency that
administered the screening shall notify the pupil's parent or legal
guardian of the finding in writing within 30 calendar days. 

  SEC. 10.    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.