BILL NUMBER: AB 2091	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 17, 2016

   An act to amend Section 56341.5 of, and to add Section 56348 to,
the Education Code, relating to special education.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 56341.5 of the Education Code is amended to
read:
   56341.5.  (a) Each local educational agency convening a meeting of
the individualized education program team shall take steps to ensure
that no less than one of the parents or guardians of the individual
with exceptional needs are present at each individualized education
program  team  meeting or are afforded the opportunity to
participate.
   (b) Parents or guardians shall be notified of the individualized
education program  team  meeting early enough to ensure an
opportunity to attend.
   (c) The individualized education program  team  meeting
shall be scheduled at a mutually agreed-upon time and place. The
notice of the meeting under subdivision (b) shall indicate the
purpose, time, and location of the meeting and who shall be in
attendance. Parents or guardians also shall be informed in the notice
of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of
the Code of Federal Regulations, to bring other people to the meeting
who have knowledge or special expertise regarding the individual
with exceptional needs, and inform the parents of subdivision (i) of
Section 56341 relating to the participation of the infants and
toddlers with disabilities service coordinator under Subchapter III
(commencing with Section 1431) of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the
initial individualized education program team meeting for a child
previously served under the Subchapter III program.
   (d) As part of the participation of an individual with exceptional
needs in the development of an individualized education program, as
required by federal law, the individual with exceptional needs shall
be allowed to provide confidential input to any representative of his
or her individualized education program team.
   (e) For an individual with exceptional needs, beginning no later
than the effective date of the individualized education program in
effect when the individual reaches the age of 16 years, or younger if
determined appropriate by the individualized education program team,
the meeting notice also shall indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition
services for the individual, pursuant to Section 56345.1 and Section
1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the
meeting notice shall indicate that the individual with exceptional
needs is invited to attend. If the pupil does not attend the
individualized education program  team  meeting, the local
educational agency shall take steps to ensure that the preferences
and interests of the pupil are considered in accordance with Section
300.321(b)(2) of Title 34 of the Code of Federal Regulations.
   (f)  The local educational agency, to the extent appropriate, with
the consent of the parents or individual with exceptional needs who
has reached the age of majority, and in accordance with Section
300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall
invite a representative of any participating agency that is likely to
be responsible for providing or paying for transition services.
   (g) Pursuant to Section 300.322(c) of Title 34 of the Code of
Federal Regulations, if no parent or guardian can attend the meeting,
the local educational agency shall use other methods to ensure
parent or guardian participation, including individual or conference
telephone calls, and consistent with Section 300.328 of Title 34 of
the Code of Federal Regulations, the parent or guardian and the local
educational agency may agree to use alternative means of meeting
participation.
   (h) A meeting may be conducted without a parent or guardian in
attendance if the local educational agency is unable to convince the
parent or guardian that he or she should attend. In this event, the
local educational agency shall maintain a record of its attempts to
arrange a mutually agreed-upon time and place, such as:
   (1) Detailed records of telephone calls made or attempted and the
results of those calls.
   (2) Copies of correspondence sent to the parents or guardians and
any responses received.
   (3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.

   (i) The local educational agency shall 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.   English and providing
translation services, as specified in Section 56348. 
   (j) The local educational agency shall give the parent or guardian
a copy of the individualized education program, at no cost to the
parent or  guardian.   guardian, and as
specified in Section 56348, if applicable. 
  SEC. 2.  Section 56348 is added to the Education Code, to read:
   56348.  (a) For purposes of this part, a local educational agency
shall provide translation services for a parent, guardian, or
educational rights holder as follows:
   (1) The local educational agency shall provide a pupil's parent,
guardian, or educational rights holder with a translated copy of the
pupil's completed individualized education program and any revisions
to the pupil's individualized education program in the parent's,
guardian's, or educational rights holder's primary language at the
final individualized education program team meeting before seeking
the parent or guardian's informed consent pursuant to Section 56346.
   (2) The local educational agency shall 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.
   (3) (A) The local educational agency shall make available
translated copies of any standardized forms or other standardized
information that the local educational agency maintains on each
schoolsite for purposes of this part.
   (B) The local educational agency shall make the documents and
information referenced in subparagraph (A) available in each primary
language identified by the department for each school pursuant to
Section 48985.
   (b) (1)The documents required to be translated pursuant to this
section shall be translated by a qualified interpreter who is
proficient in both the English language and the non-English language
to be used.
   (2) For purposes of this section, "qualified interpreter" means an
interpreter who has met the testing or certification standards for
outside or contract interpreters, as proficient in the ability to
communicate commonly used terms and ideas between the English
language and the non-English language to be used and has knowledge of
basic interpreter practices, including, but not limited to,
confidentiality, neutrality, accuracy, completeness, and
transparency.
  SEC. 3.  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.