BILL ANALYSIS Ó
AB 2091
Page 1
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2091 (Lopez) - As Amended April 13, 2016
-----------------------------------------------------------------
|Policy |Education |Vote:|7 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill requires local educational agencies (LEAs) to provide
parents with translated copies of a student's individualized
education program (IEP), and related documents, within 30 days
of an IEP meeting. Requires the California Department of
Education (CDE) to provide translated standard special education
forms, as specified. Specifically, this bill:
AB 2091
Page 2
1)Requires LEAs to arrange for translation services, as
necessary, to ensure that a parent or guardian understands the
proceedings at an IEP meeting.
2)Specifies that the provision of translated copies of the IEP
and other related documents within 30 days, does not abridge
the rights of parents under state and federal law, including
the right to consent to all or part of the IEP prior to
receiving the translated copies.
3)Required these documents to be translated by a qualified
translator who is proficient in both the English language and
the primary language used.
4)Requires by January 1, 2018, the CDE to post standard special
education forms translated into the ten most commonly used
non-English primary languages of California students on the
department's website. Encourages the CDE to review
translations created by other states as a reference. Further
encourages the documents include an English translation on
those translated forms.
5)States that nothing in the amended section is intended to
affect any other state or federal law requirement regarding
the translation of education-related documents.
FISCAL EFFECT:
1)Proposition 98/GF reimbursable state mandated costs,
potentially in the millions of dollars, to translate IEP
AB 2091
Page 3
documents. There are several variables that will affect local
costs, including what kinds of translation services LEAs may
already be providing, the fees each LEA charges according to
contractual agreements and whether an LEA has access to
translators for languages less frequently used. Translation of
documents can range from $30 to $80 per page. IEP documents
can range in size but are generally around 10 pages long.
There are 1.4 million English learners (EL) in California and
approximately 14% of these students qualify for special
education. If 10% of English learners that qualify for
special education requested documents, statewide costs would
exceed $5 million. According to CDE, 2.7 million students
speak a language other than English in their homes so it is
likely that more than just EL students will need to request
translation.
2)Ongoing administrative costs to the CDE of approximately
$80,000 GF to coordinate the review of existing standard
special education forms for translation. Costs to translate
documents will vary depending on the number of documents
identified. Translation costs can vary between $30 to $80 per
page. Costs will also depend on whether CDE currently has a
translator on contract or if a new translator would need to be
hired.
COMMENTS:
1)Purpose. An individualized educational plan (IEP) is a plan or
program developed to ensure that a child who has a disability
identified under the federal Individuals with Disabilities
Education Act (IDEA) receives specialized instruction and
related services.
According to the author, the IEP process can be very
overwhelming and intimidating for someone who is not familiar
with the process or terminology, especially if that person's
primary language is not English. Although verbal interpreters
AB 2091
Page 4
are made available to parents, guardians, or educational right
holders during IEP meetings, some terms in documents or
processes may be lost in translation. This bill requires LEAs
to provide parents with translated copies of a student's IEP,
and related documents, within 30 days of an IEP meeting.
2)Comments. Both state and federal law require LEAs to "take any
action necessary" to ensure that parents understand the
proceedings at an IEP team meeting, and cite the use of
interpreters as one measure that may be necessary to meet this
requirement. Translation of documents (which is distinct from
interpretation) is not specifically mentioned but is implied
and many school districts operate under the assumption that
translation is required as necessary.
In 2007, the federal Office of Special Education and
Rehabilitative Services (OSEP) provided informal guidance on
the question of whether IEP documents are required to be
translated. The guidance noted that, "There is no requirement
in IDEA or in its accompanying regulations that all IEP
documents must be translated." The guidance notes that the
parent, however, must understand and agree in writing, to the
carrying out of the activity for which his or her consent is
sought?and the public agency must take whatever action is
necessary to ensure that the parent understands the
proceedings of the IEP Team meeting, including arranging for
an interpreter for parents with deafness or whose native
language is other than English. This guidance specifies that
"states and school districts may establish specific procedures
designed to ensure that school districts can demonstrate that
parents have been "fully informed" before providing consent,"
and that "providing the parents with written translations of
the IEP documents may be one way for a school district to
demonstrate that the parent has been fully informed of their
child's educational program." According to OSEP, this guidance
is not legally binding, but represents an interpretation by
the U.S. Department of Education of the IDEA in the context of
AB 2091
Page 5
the specific facts presented.
This bill also requires the CDE to post standard special
education forms translated into the ten most commonly used
non-English primary languages of California students on the
department's website. Other state departments of education
have such translated forms in various languages through their
websites:
Massachusetts: all forms available in 16 languages
Minnesota: several forms available in 10 languages
Oregon: standard IEP form available in 4 languages
Washington: all forms available 7 languages
Iowa: standard IEP form in 6 languages
New York: all forms available in 5 languages
Colorado, Rhode Island, Illinois, Utah, Texas: forms
available in 1-3 languages
California, which has the largest population of English
learners in the country (and one in three English learners
nationally), does not maintain such translated forms. Such a
resource would make it easier for LEAs to meet the
requirements of both this bill and of other provisions of
AB 2091
Page 6
state and federal law, and ensure that translations are of
sufficient quality.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081