BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1369|
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                                   THIRD READING 


          Bill No:  AB 1369
          Author:   Frazier (D), et al.
          Amended:  5/4/15 in Assembly
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  9-0, 7/8/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning,  
            Pan, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 6/1/15 - See last page for vote

           SUBJECT:   Special education:  dyslexia


          SOURCE:    Decoding Dyslexia California


          DIGEST:  This bill expands the description of psychological  
          processes to include phonological processing, and requires the  
          Superintendent of Public Instruction to develop program  
          guidelines for dyslexia to assist teachers and parents to  
          identify and assess students with dyslexia, and to plan,  
          provide, evaluate and improve educational services for students  
          with dyslexia.


          ANALYSIS:   


          Existing law:








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          1)Defines a specific learning disability as a disorder in one or  
            more of the basic psychological processes involved in  
            understanding or in using language, spoken or written, which  
            may manifest itself in the imperfect ability to listen, think,  
            speak, read, write, spell, or perform mathematical  
            calculations.  
            (United States Code, Title 20, § 1401, and Education Code §  
            56337)


          2)Includes in the definition of a specific learning disability  
            conditions such as perceptual disabilities, brain injury,  
            minimal brain dysfunction, dyslexia, and developmental  
            aphasia.  Existing regulations specify that the basic  
            psychological processes include attention, visual processing,  
            auditory processing, sensory-motor skills, cognitive abilities  
            (including association), conceptualization and expression.   
            (California Code of Regulations, Title 5, § 3030)


          3)Provides that a student who is assessed as being dyslexic and  
            meets eligibility criteria for the category of specific  
            learning disabilities is entitled to special education and  
            related services.  (EC § 56337.5)


          4)Provides that if a student who exhibits the characteristics of  
            dyslexia or another related reading dysfunction is not found  
            to be eligible for special education and related services, the  
            student's instructional program is to be provided in the  
            regular education program.  (EC § 56337.5)


          5)Encourages institutions of higher education to provide, in  
            teacher training programs, increased emphasis on the  
            recognition of, and teaching strategies for, specific learning  
            disabilities, including dyslexia and related disorders.  (EC §  
            44227.7)


          6)Encourages the inclusion of a component on the recognition of,  
            and teaching strategies for, specific learning disabilities,  
            including dyslexia and related disorders, in local in-service  







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            training programs for regular education teachers and special  
            education teachers in local educational agencies.  (EC §  
            56245)


          7)Requires, in an uncodified section, the Superintendent of  
            Public Instruction (SPI) to develop program guidelines for  
            specific learning disabilities, including dyslexia and related  
            disorders, for use by regular and special educators and  
            parents to assist them in identifying, assessing, planning,  
            providing, evaluating, and improving educational services to  
            students.  (AB 3040, Speier, Chapter 1501, Statutes of 1990)


          8)States legislative intent that the program guidelines for  
            specific learning disabilities, including dyslexia and other  
            related disorders, be available for use by teachers and  
            parents in order for them to have knowledge of the strategies  
            that can be utilized with pupils for the remediation of the  
            various types of specific learning disabilities.  (EC §  
            56337.5)








          This bill:


          1)Requires the State Board of Education (SBE) to include  
            "phonological processing" in the description of basic  
            psychological processes in regulations.  


          2)Requires the SPI to develop program guidelines for dyslexia to  
            be used to assist regular education teachers, special  
            education teachers, and parents to identify and assess  
            students with dyslexia, and to plan, provide, evaluate, and  
            improve educational services to students with dyslexia.  









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          3)Defines "educational services" as an evidence-based,  
            multisensory, direct, explicit, structured, and sequential  
            approach to instructing students who have dyslexia.  


          4)Requires the program guidelines to:


             a)   Include characteristics typical of students with  
               dyslexia and strategies for their remediation, as well as  
               information to assist educators in distinguishing between  
               characteristics of dyslexia and characteristics of normal  
               growth and development.


             b)   Be developed in consultation with teachers, school  
               administrators, other educational professionals, medical  
               professionals, parents, and other professionals involved in  
               the identification and education of students with dyslexia.


             c)   Be completed in time for use by the beginning of the  
               2017-18 academic year.


           5) Requires the SPI to disseminate the program guidelines  
             through the California Department of Education's (CDE)  
             website and provide technical assistance regarding their use  
             and implementation to parents, teachers, school  
             administrators, and faculty members in teacher training  
             programs of institutions of higher education.


          Comments


          Phonological processing.  Existing regulations specify that the  
          basic psychological processes include attention, visual  
          processing, auditory processing, sensory-motor skills, cognitive  
          abilities (including association), conceptualization and  
          expression.  This bill requires the SBE to include "phonological  
          processing" in the description of basic psychological processes  
          in regulations.  Phonological processing is related to the  
          ability to recognize and understand (process) units of words,  







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          and is distinct from visual or auditory processing.  It appears  
          expanding regulations to include phonological processing could  
          result in the use of additional measures and areas of  
          consideration when assessing a student who is suspected of  
          having dyslexia or other specific learning disabilities.  This  
          bill may result in the provision of support for students who are  
          not currently identified as being eligible for special  
          education, thereby expanding eligibility for special education  
          and related services.  

          Program guidelines.  Legislation passed in 1990 required the SPI  
          to develop program guidelines for specific learning  
          disabilities, including dyslexia and related disorders, for use  
          by regular and special educators and parents to assist them in  
          identifying, assessing, planning, providing, evaluating, and  
          improving educational services to students.  Those program  
          guidelines where developed but are no longer readily available  
          and are certainly outdated.  This bill requires the SPI to once  
          again develop program guidelines, which are not mandatory for  
          local educational agencies to follow.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:


           According to the CDE, one-time costs of about $103,000 and  
            three partial staff to modify regulations and develop and  
            disseminate program guidelines on dyslexia.  Costs also  
            include creating webinars to provide technical assistance, and  
            travel costs associated with stakeholder meetings.  (General  
            Fund)

           After year one, ongoing costs of about $130,000 for one  
            position and a partial position to provide technical  
            assistance to the field, update and disseminate information,  
            and respond to complaints of non-compliance with the new  
            guidelines.  (General Fund)

           Significant local cost pressures to implement the guidelines  
            developed by the CDE.







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          SUPPORT:   (Verified8/27/15)


          Decoding Dyslexia California (source)
          Lieutenant Governor Gavin Newsom
          California State PTA
          Charles Armstrong School
          Children's Health Council
          Children's Health Council, Sand Hill School
          Children's Health Council, The Center, Evaluation, Therapy,  
          Learning
          Disability Rights Education & Defense Fund
          Dyslexia Training Institute
          Headstrong Nation 
          International Dyslexia Association, Southern California  
          Tri-Counties Branch 
          Learn 2 Read, Orange County
          Literate Nation California Coalition
          Parental Advocacy for Children in Exceptional Situations
          State Council on Developmental Disabilities
          The International Dyslexia Association, Northern California  
          Branch
          University of California San Francisco
          Numerous individuals


          OPPOSITION:   (Verified8/27/15)


          Association of California School Administrators
          California Association of School Psychologists
          Special Education Local Plan Area Administrators of California 


          ARGUMENTS IN SUPPORT:     According to Decoding Dyslexia  
          California, "Dyslexia was included in the federal Individuals  
          with Disabilities Education Act as a qualifying condition under  
          the special education eligibility category of Specific Learning  
          Disability.  Since that time we have collected a tremendous  
          amount of evidence about how dyslexia manifests in the brain,  
          how it manifests in the classroom, the genetic component of  
          dyslexia, but more importantly, we know what type of instruction  







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          works for students with dyslexia.  Despite this mountain of  
          research which has been well-documented and available to anyone  
          interested in laymen's terms, parents and advocates attend  
          individualized education program (IEP) and school meetings on a  
          regular basis where the IEP team repeatedly tells parents and  
          advocates that dyslexia does not exist, that it is a broad term,  
          that public schools do not work with dyslexia and the list of  
          unfounded comments goes on and on."


          ARGUMENTS IN OPPOSITION:     According to the Special Education  
          Local Plan Area Administrators of California, "AB 1369 mandates  
          unique new special education requirements that will result in  
          substantial costs to the state.  First, the bill requests that  
          the State Board of Education modify California regulations  
          regarding 'basic psychological processes' to include  
          'phonological processing.'  This addition, which does not  
          conform to federal law, would create a new right in California  
          without compelling evidence for the need.  In addition, the  
          revised standards would open the door for every student who may  
          be having any difficulty reading to request a new type of  
          special education assessment."

          ASSEMBLY FLOOR:  80-0, 6/1/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/31/15 9:05:51


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