AB 2091, as introduced, Lopez. Special education: individualized education programs: translation services.
(1) Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English.
This bill would require a local educational agency to also provide translation services for a pupil’s parent, guardian, or educational rights holder, as specified. The bill would require the local educational agency to, among other things, provide a pupil’s parent, guardian, or educational rights holder with a translated copy of any document discussed at an individualized education program team meeting, including the individualized education program itself, in the parent’s, guardian’s, or educational rights holder’s primary language within 30 days of being requested and to make available translated copies of any standardized forms or other standardized information that the local educational agency maintains on each schoolsite for purposes of special education, as specified. The bill would require the documents to be translated pursuant to these provisions be translated by a qualified interpreter, as defined, who is proficient in both the English language and the non-English language to be used. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) 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:
Section 56341.5 of the Education Code is
2amended to read:
(a) Each local educational agency convening a
4meeting of the individualized education program team shall take
5steps to ensure that no less than one of the parents or guardians of
6the individual with exceptional needs are present at each
7individualized education programbegin insert teamend insert meeting or are afforded
8the opportunity to participate.
9(b) Parents or guardians shall be notified of the individualized
10education programbegin insert teamend insert meeting early enough to ensure an
11opportunity to attend.
12(c) The individualized education programbegin insert teamend insert meeting shall
13be scheduled at a mutually agreed-upon time and place. The notice
14of the meeting under subdivision (b) shall indicate the purpose,
15time, and location of the meeting and who shall be in attendance.
16Parents or guardians also shall be informed in the notice of the
17right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code
18of Federal Regulations, to bring other people to the meeting who
P3 1have knowledge or special expertise regarding the individual with
2exceptional needs, and inform the parents of subdivision (i) of
3Section 56341 relating to the participation of the infants and
4toddlers with disabilities service coordinator under Subchapter III
5(commencing with Section 1431) of the federal Individuals with
6Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the
7initial
individualized education program team meeting for a child
8previously served under the Subchapter III program.
9(d) As part of the participation of an individual with exceptional
10needs in the development of an individualized education program,
11as required by federal law, the individual with exceptional needs
12shall be allowed to provide confidential input to any representative
13of his or her individualized education program team.
14(e) For an individual with exceptional needs, beginning no later
15than the effective date of the individualized education program in
16effect when the individual reaches the age of 16 years, or younger
17if determined appropriate by the individualized education program
18team, the meeting notice also shall indicate that a purpose of the
19meeting will be the consideration of the postsecondary goals and
20transition services for the individual, pursuant to Section
56345.1
21and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States
22Code, and the meeting notice shall indicate that the individual with
23exceptional needs is invited to attend. If the pupil does not attend
24the individualized education programbegin insert teamend insert meeting, the local
25educational agency shall take steps to ensure that the preferences
26and interests of the pupil are considered in accordance with Section
27300.321(b)(2) of Title 34 of the Code of Federal Regulations.
28(f) The local educational agency, to the extent appropriate, with
29the consent of the parents or individual with exceptional needs
30who has reached the age of majority, and in accordance with
31Section 300.321(b)(3) of Title 34 of the Code of Federal
32Regulations, shall invite a representative of any participating
33agency that is likely to be responsible for providing or paying
for
34transition services.
35(g) Pursuant to Section 300.322(c) of Title 34 of the Code of
36Federal Regulations, if no parent or guardian can attend the
37meeting, the local educational agency shall use other methods to
38ensure parent or guardian participation, including individual or
39conference telephone calls, and consistent with Section 300.328
40of Title 34 of the Code of Federal Regulations, the parent or
P4 1guardian and the local educational agency may agree to use
2alternative means of meeting participation.
3(h) A meeting may be conducted without a parent or guardian
4in attendance if the local educational agency is unable to convince
5the parent or guardian that he or she should attend. In this event,
6the local educational agency shall maintain a record of its attempts
7to arrange a mutually agreed-upon time and place, such as:
8(1) Detailed records of telephone calls made or attempted and
9the results of those calls.
10(2) Copies of correspondence sent to the parents or guardians
11and any responses received.
12(3) Detailed records of visits made to the home or place of
13employment of the parent or guardian and the results of those
14visits.
15(i) The local educational agency shall take any action necessary
16to ensure that the parent or guardian understands the proceedings
17at a meeting, including arranging for an interpreter for parents or
18guardians with deafness or whose native language is a language
19other thanbegin delete English.end deletebegin insert
English and providing translation services, as
20specified in Section 56348.end insert
21(j) The local educational agency shall give the parent or guardian
22a copy of the individualized education program, at no cost to the
23parent orbegin delete guardian.end deletebegin insert guardian, and as specified in Section 56348,
24if applicable.end insert
Section 56348 is added to the Education Code, to read:
(a) For purposes of this part, a local educational agency
27shall provide translation services for a parent, guardian, or
28educational rights holder as follows:
29(1) The local educational agency shall provide a pupil’s parent,
30guardian, or educational rights holder with a translated copy of
31the pupil’s completed individualized education program and any
32revisions to the pupil’s individualized education program in the
33parent’s, guardian’s, or educational rights holder’s primary
34language at the final individualized education program team
35meeting before seeking the parent or guardian’s informed consent
36pursuant to Section 56346.
37(2) The local educational agency shall provide a pupil’s
parent,
38guardian, or educational rights holder with a translated copy of
39any document discussed at an individualized education program
40team meeting, including the individualized education program
P5 1itself, in the parent’s, guardian’s, or educational rights holder’s
2primary language within 30 days of being requested.
3(3) (A) The local educational agency shall make available
4translated copies of any standardized forms or other standardized
5information that the local educational agency maintains on each
6schoolsite for purposes of this part.
7(B) The local educational agency shall make the documents and
8information referenced in subparagraph (A) available in each
9primary language identified by the department for each school
10pursuant to Section 48985.
11(b) (1)The documents required to be translated
pursuant to this
12section shall be translated by a qualified interpreter who is
13proficient in both the English language and the non-English
14language to be used.
15(2) For purposes of this section, “qualified interpreter” means
16an interpreter who has met the testing or certification standards
17for outside or contract interpreters, as proficient in the ability to
18communicate commonly used terms and ideas between the English
19language and the non-English language to be used and has
20knowledge of basic interpreter practices, including, but not limited
21to, confidentiality, neutrality, accuracy, completeness, and
22transparency.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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