BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1369| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 1369 Page 2 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 AB 1369 Page 3 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. AB 1369 Page 4 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, AB 1369 Page 5 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. AB 1369 Page 6 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 AB 1369 Page 7 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 **** END **** AB 1369 Page 8