Amended in Assembly April 13, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2091

Introduced by Assembly Member Lopez

February 17, 2016

An act to amend Sections 56043 and 56341.5 of, and to add begin delete Section end delete begin insert Sections end insert 56348 begin insert and 56349 end insert to, the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2091, as amended, 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 provide a pupil’s parent, guardian, or educational rights holder with a translated copy of the individualized education program, any revisions to the individualized education program, and any document discussed at an individualized education program team meeting in the parent’s, guardian’s, or educational rights holder’s primary language within 30 days of that begin delete meeting 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. end delete begin insert meeting. end insert The bill would require the documents to be translated by a qualified begin delete interpreter, end delete begin insert translator, end insert 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. begin insert The bill would also require the State Department of Education, on or before January 1, 2018, to post on its Internet Web site standard special education forms commonly used by local educational agencies translated into at least the 10 most commonly used non-English primary languages of the state’s pupils. end insert

(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 56043 of the Education Code is amended
to read:

56043.  

The primary timelines affecting special education
programs are as follows:

(a) A proposed assessment plan shall be developed within 15
calendar days of referral for assessment, not counting calendar
days between the pupil’s regular school sessions or terms or
calendar days of school vacation in excess of five schooldays, from
the date of receipt of the referral, unless the parent or guardian
agrees in writing to an extension, pursuant to subdivision (a) of
Section 56321.

(b) A parent or guardian shall have at least 15 calendar days
from the receipt of the proposed assessment plan to arrive at a
decision, pursuant to subdivision (c) of Section 56321.

(c) Once a child has been referred for an initial assessment to
determine whether the child is an individual with exceptional needs
and to determine the educational needs of the child, these
determinations shall be made, and an individualized education
program team meeting shall occur within 60 days of receiving
parental consent for the assessment, pursuant to subdivision (a) of
Section 56302.1, except as specified in subdivision (b) of that
section, and pursuant to Section 56344.

(d) The individualized education program team shall review the
pupil’s individualized education program periodically, but not less
frequently than annually, pursuant to subdivision (d) of Section
56341.1.

(e) A parent or guardian shall be notified of the individualized
education program team meeting early enough to ensure an
opportunity to attend, pursuant to subdivision (b) of Section
56341.5. In the case of an individual with exceptional needs who
is 16 years of age or younger, if appropriate, the meeting notice
shall indicate that a purpose of the meeting will be the
consideration of the postsecondary goals and transition services
for the individual with exceptional needs, and the meeting notice
described in this subdivision shall indicate that the individual with
exceptional needs is invited to attend, pursuant to subdivision (e)
of Section 56341.5.

(f) (1) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 calendar days, not counting days between the
pupil’s regular school sessions, terms, or days of school vacation
in excess of five schooldays, from the date of receipt of the parent’s
or guardian’s written consent for assessment, unless the parent or
guardian agrees in writing to an extension, pursuant to Section
56344.

(2) A meeting to develop an initial individualized education
program for the pupil shall be conducted within 30 days of a
determination that the child needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code
of Federal Regulations and in accordance with Section 56344.

(g) (1) Beginning not later than the first individualized
education program to be in effect when the pupil is 16 years of
age, or younger if determined appropriate by the individualized
education program team, and updated annually thereafter, the
individualized education program shall include appropriate
measurable postsecondary goals and transition services needed to
assist the pupil in reaching those goals, pursuant to paragraph (8)
of subdivision (a) of Section 56345.

(2) The individualized education program for pupils in grades
7 to 12, inclusive, shall include any alternative means and modes
necessary for the pupil to complete the district’s prescribed course
of study and to meet or exceed proficiency standards for graduation,
pursuant to paragraph (1) of subdivision (b) of Section 56345.

(3) Beginning not later than one year before the pupil reaches
18 years of age, the individualized education program shall contain
a statement that the pupil has been informed of the pupil’s rights
under this part, if any, that will transfer to the pupil upon reaching
18 years of age, pursuant to Section 56041.5, subdivision (g) of
Section 56345, and Section 300.520 of Title 34 of the Code of
Federal Regulations.

(h) Beginning at the age of 16 years or younger, and annually
thereafter, a statement of needed transition services shall be
included in the pupil’s individualized education program, pursuant
to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20
of the United States Code.

(i) A pupil’s individualized education program shall be
implemented as soon as possible following the individualized
education program team meeting, pursuant to Section 300.323(c)(2)
of Title 34 of the Code of Federal Regulations and in accordance
with Section 56344.

(j) An individualized education program team shall meet at least
annually to review a pupil’s progress, the individualized education
program, including whether the annual goals for the pupil are being
achieved, the appropriateness of the placement, and to make any
necessary revisions, pursuant to subdivision (d) of Section 56343.
The local educational agency shall maintain procedures to ensure
that the individualized education program team reviews the pupil’s
individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals
for the pupil are being achieved, and revises the individualized
education program as appropriate to address, among other matters,
the provisions specified in subdivision (d) of Section 56341.1,
pursuant to subdivision (a) of Section 56380.

(k) A reassessment of a pupil shall occur not more frequently
than once a year, unless the parent and the local educational agency
agree otherwise in writing, and shall occur at least once every three
years, unless the parent and the local educational agency agree, in
writing, that a reassessment is unnecessary, pursuant to Section
56381, and in accordance with Section 1414(a)(2) of Title 20 of
the United States Code.

(l) A meeting of an individualized education program team
requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343
shall be held within 30 calendar days, not counting days between
the pupil’s regular school sessions, terms, or days of school
vacation in excess of five schooldays, from the date of receipt of
the parent’s or guardian’s written request, pursuant to Section
56343.5.

(m) If an individual with exceptional needs transfers from
district to district within the state, the following are applicable
pursuant to Section 56325:

(1) If the child has an individualized education program and
transfers into a district from a district not operating programs under
the same local plan in which he or she was last enrolled in a special
education program within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described
in the previously approved individualized education program, in
consultation with the parents or guardians, for a period not to
exceed 30 days, by which time the local educational agency shall
adopt the previously approved individualized education program
or shall develop, adopt, and implement a new individualized
education program that is consistent with federal and state law,
pursuant to paragraph (1) of subdivision (a) of Section 56325.

(2) If the child has an individualized education program and
transfers into a district from a district operating programs under
the same special education local plan area of the district in which
he or she was last enrolled in a special education program within
the same academic year, the new district shall continue, without
delay, to provide services comparable to those described in the
existing approved individualized education program, unless the
parent and the local educational agency agree to develop, adopt,
and implement a new individualized education program that is
consistent with state and federal law, pursuant to paragraph (2) of
subdivision (a) of Section 56325.

(3) If the child has an individualized education program and
transfers from an educational agency located outside the state to
a district within the state within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described
in the previously approved individualized education program, in
consultation with the parents or guardians, until the local
educational agency conducts an assessment as specified in
paragraph (3) of subdivision (a) of Section 56325.

(4) In order to facilitate the transition for an individual with
exceptional needs described in paragraphs (1) to (3), inclusive, the
new school in which the pupil enrolls shall take reasonable steps
to promptly obtain the pupil’s records, as specified, pursuant to
subdivision (b) of Section 56325.

(n) The parent or guardian shall have the right and opportunity
to examine all school records of the child and to receive complete
copies within five business days after a request is made by the
parent or guardian, either orally or in writing, and before any
meeting regarding an individualized education program of his or
her child or any hearing or resolution session pursuant to Chapter
5 (commencing with Section 56500), in accordance with Section
56504 and Chapter 6.5 (commencing with Section 49060) of Part
27.

(o) Upon receipt of a request from a local educational agency
where an individual with exceptional needs has enrolled, a former
educational agency shall send the pupil’s special education records,
or a copy of those records, to the new local educational agency
within five working days, pursuant to subdivision (a) of Section
3024 of Title 5 of the California Code of Regulations.

(p) The department shall do all of the following:

(1) Have a time limit of 60 calendar days after a complaint is
filed with the state educational agency to investigate the complaint.

(2) Give the complainant the opportunity to submit additional
information about the allegations in the complaint.

(3) Review all relevant information and make an independent
determination as to whether there is a violation of a requirement
of this part or Part B of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.).

(4) Issue a written decision pursuant to Section 300.152(a)(5)
of Title 34 of the Code of Federal Regulations.

(q) A prehearing mediation conference shall be scheduled within
15 calendar days of receipt by the Superintendent of the request
for mediation, and shall be completed within 30 calendar days
after the request for mediation, unless both parties to the prehearing
mediation conference agree to extend the time for completing the
mediation, pursuant to Section 56500.3.

(r) Any request for a due process hearing arising from
subdivision (a) of Section 56501 shall be filed within two years
from the date the party initiating the request knew or had reason
to know of facts underlying the basis for the request, except that
this timeline shall not apply to a parent if the parent was prevented
from requesting the due process hearing, pursuant to subdivision
(l) of Section 56505.

(s) The Superintendent shall ensure that, within 45 calendar
days after receipt of a written due process hearing request, the
hearing is immediately commenced and completed, including any
mediation requested at any point during the hearing process, and
a final administrative decision is rendered, pursuant to subdivision
(f) of Section 56502.

(t) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of
that intent shall be given to the other party at least 10 calendar
days before the hearing, pursuant to subdivision (a) of Section
56507.

(u) Any party to a due process hearing shall have the right to
be informed by the other parties to the hearing, at least 10 calendar
days before the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution
of those issues, pursuant to paragraph (6) of subdivision (e) of
Section 56505.

(v) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business days
before the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list
of all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.

(w) An appeal of a due process hearing decision shall be made
within 90 calendar days of receipt of the hearing decision, pursuant
to subdivision (k) of Section 56505.

(x) A complaint filed with the department shall allege a violation
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
not more than one year before the date that the complaint is
received by the department, pursuant to Section 56500.2 and
Section 300.153(c) of Title 34 of the Code of Federal Regulations.

(y) The timeline for the production of translated copies of special
education-related documents shall be as specified in Section 56348.

SEC. 2.  

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 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, and as specified in Section 56348, if applicable.

SEC. 3.  

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 within 30 days of the individualized education program
team meeting. begin insert Nothing in this paragraph shall be construed as to
abridge any right granted to parents under state or federal law,
including the right to give or withhold consent, as specified in
Sections 56021.1 and 56346, to part or all of an individualized
education program before receiving a translated copy of the
individualized education program. end insert

(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 in the parent’s, guardian’s, or educational rights
holder’s primary language within 30 days of the individualized
education program team meeting.

begin delete

(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.

end delete begin delete

(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.

end delete

(b) (1) The documents required to be translated pursuant to this
section shall be translated by a qualified begin delete interpreter end delete begin insert translator end insert who
is proficient in both the English language and the non-English
language to be used.

(2) For purposes of this section, “qualified begin delete interpreter” end delete
begin insert translator end insert begin insert ” end insert means begin delete an interpreter end delete begin insert a translator end insert who has met the
testing or certification standards for outside or contract begin delete interpreters, end delete
begin insert translators, end insert 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
begin delete interpreter end delete begin insert translator end insert practices, including, but not limited to,
confidentiality, neutrality, accuracy, completeness, and
transparency.

(c) Nothing in this section is intended to affect any other state
or federal law requirement regarding the translation of
education-related documents.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 56349 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 56349. end insert   

On or before January 1, 2018, the department shall
post on its Internet Web site standard special education forms
commonly used by local educational agencies translated into at
least the 10 most commonly used non-English primary languages
of the state’s pupils. The department is encouraged to review
translations created by other states for this purpose and to include,
in smaller type, an English translation on those translated forms
in order to minimize the risk of error when school personnel not
fluent in the parent’s language fill out those forms.

end insert

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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.