California Legislature—2015–16 Regular Session

Assembly Bill No. 2659

Introduced by Committee on Education (Assembly Members O’Donnell (Chair), Olsen (Vice Chair), Kim, McCarty, Santiago, Thurmond, and Weber)

February 19, 2016

An act to amend Sections 56030.5, 56337.5, 56339, 56426.6, and 56441.11 of the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2659, as introduced, Committee on Education. Special education.

Existing law requires a free appropriate public education to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act.

This bill would make changes to conform state statutes to federal regulations and would update cross-references to state regulations adopted pursuant to federal regulations.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 56030.5 of the Education Code is
amended to read:

56030.5.  

“Severely disabled” means individuals with
exceptional needs who require intensive instruction and training
in programs serving pupils with the following profound disabilities:
autism, blindness, deafness, severe orthopedic impairments, begin delete serious end delete
emotional disturbances, severe intellectual disability, and those
individuals who would have been eligible for enrollment in a
development center for handicapped pupils under Chapter 6
(commencing with Section 56800), as it read on January 1, 1980.

SEC. 2.  

Section 56337.5 of the Education Code is amended to
read:

56337.5.  

(a) A pupil who is assessed as being dyslexic and
meets eligibility criteria specified in Section 56337 and begin insert paragraph
(10) of end insert subdivision begin delete (j) end delete begin insert (b) end insert of Section 3030 of Title 5 of the
California Code of Regulations for the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 begin delete and following) end delete
begin insert et seq.) end insert category of specific learning disabilities is entitled to
special education and related services.

(b) If a pupil who exhibits the characteristics of dyslexia or
another related reading dysfunction is not found to be eligible for
special education and related services pursuant to subdivision (a),
the pupil’s instructional program shall be provided in the regular
education program.

(c) It is the intent of the Legislature that the program guidelines
developed pursuant to Section 2 of Chapter 1501 of the Statutes
of 1990, 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.

SEC. 3.  

Section 56339 of the Education Code is amended to
read:

56339.  

(a) A pupil whose educational performance is adversely
affected by a suspected or diagnosed attention deficit disorder or
attention deficit hyperactivity disorder and demonstrates a need
for special education and related services by meeting eligibility
criteria specified in begin insert paragraph (4) or (9) of end insert subdivision begin delete (f) or (i) end delete
begin insert (b) end insert of Section 3030 of Title 5 of the California Code of Regulations
or Section 56337 and begin insert paragraph (10) of end insert subdivision begin delete (j) end delete begin insert (b) end insert of
Section 3030 of Title 5 of the California Code of Regulations for
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 begin delete and following) end delete begin insert et seq.) end insert categories of begin delete “other health
impairments,” “serious emotional end delete begin insert “emotional end insert disturbance,” begin insert “other
health impairments,” end insert or “specific learning disabilities,” is entitled
to special education and related services.

(b) If a pupil with an attention deficit disorder or attention deficit
hyperactivity disorder is not found to be eligible for special
education and related services pursuant to subdivision (a), the
pupil’s instructional program shall be provided in the regular
education program.

(c) It is the intent of the Legislature that local educational
agencies promote coordination between special education and
regular education programs to ensure that all pupils, including
those with attention deficit disorders or attention deficit
hyperactivity disorders, receive appropriate instructional
interventions.

(d) It is further the intent of the Legislature that regular
education teachers and other personnel be trained to develop an
awareness about attention deficit disorders and attention deficit
hyperactivity disorders and the manifestations of those disorders,
and the adaptations that can be implemented in regular education
programs to address the instructional needs of pupils having these
disorders.

SEC. 4.  

Section 56426.6 of the Education Code is amended to
read:

56426.6.  

(a) Early education services shall be provided by a
local educational agency through a transdisciplinary team
consisting of a group of professionals from various disciplines,
agencies, and parents who shall share their expertise and services
to provide appropriate services for infants and their families. Each
team member shall be responsible for providing and coordinating
early education services for one or more infants and their families,
and shall serve as a consultant to other team members and as a
provider of appropriate related services to other infants in the
program.

(b) Credentialed personnel with expertise in vision or hearing
impairments shall be made available by the local educational
agency to early education programs serving infants identified in
accordance with begin insert paragraph (2), (5), or (13) of end insert subdivision begin delete (a), (b),
or (d) end delete begin insert (b) end insert of Section 3030 of Title 5 of the California Code of
Regulations, and shall be the primary providers of services under
those programs whenever possible.

(c) Transdisciplinary teams may include, but need not be limited
to, qualified persons from the following disciplines:

(1) Early childhood special education.

(2) Speech and language therapy.

(3) Nursing, with a skill level not less than that of a registered
nurse.

(4) Social work, psychology, or mental health.

(5) Occupational therapy.

(6) Physical therapy.

(7) Audiology.

(8) Parent-to-parent support.

(d) A person who is authorized by the local educational agency
to provide early education or related services to infants shall have
appropriate experience in normal and atypical infant development
and an understanding of the unique needs of families of infants
with exceptional needs, or, absent that experience and
understanding, shall undergo a comprehensive training plan for
that purpose, which plan shall be developed and implemented as
part of the staff development component of the local plan for early
education services.

SEC. 5.  

Section 56441.11 of the Education Code is amended
to read:

56441.11.  

(a) Notwithstanding any other law or regulation,
the special education eligibility criteria in subdivision (b) shall
apply to preschool children, between the ages of three and five
years.

(b) A preschool child, between the ages of three and five years,
qualifies as a child who needs early childhood special education
services if the child meets the following criteria:

(1) Is identified as having one of the following disabling
conditions, as defined in Section 300.8 of Title 34 of the Code of
Federal Regulations, or an established medical disability, as defined
in subdivision (d):

(A) Autism.

(B) Deaf-blindness.

(C) Deafness.

(D) Hearing impairment.

(E) Intellectual disability.

(F) Multiple disabilities.

(G) Orthopedic impairment.

(H) Other health impairment.

(I)  begin delete Serious emotional end delete begin insert Emotional end insert disturbance.

(J) Specific learning disability.

(K) Speech or language impairment in one or more of voice,
fluency, language and articulation.

(L) Traumatic brain injury.

(M) Visual impairment.

(N) Established medical disability.

(2) Needs specially designed instruction or services as defined
in Sections 56441.2 and 56441.3.

(3) Has needs that cannot be met with modification of a regular
environment in the home or school, or both, without ongoing
monitoring or support as determined by an individualized education
program team.

(4) Meets eligibility criteria specified in Section 3030 of Title
5 of the California Code of Regulations.

(c) A child is not eligible for special education and services if
the child does not otherwise meet the eligibility criteria and his or
her educational needs are due primarily to:

(1) Unfamiliarity with the English language.

(2) Temporary physical disabilities.

(3) Social maladjustment.

(4) Environmental, cultural, or economic factors.

(d) For purposes of this section, “established medical disability”
means a disabling medical condition or congenital syndrome that
the individualized education program team determines has a high
predictability of requiring special education and services.

(e) When standardized tests are considered invalid for children
between the ages of three and five years, alternative means,
including scales, instruments, observations, and interviews, shall
be used as specified in the assessment plan.

(f) In order to implement the eligibility criteria in subdivision
(b), the Superintendent shall do all of the following:

(1) Provide for training in developmentally appropriate practices,
alternative assessment, and placement options.

(2) Provide a research-based review for developmentally
appropriate application criteria for young children.

(3) Provide program monitoring for appropriate use of the
eligibility criteria.

(g) If legislation is enacted mandating early intervention services
to infants and toddlers with disabilities pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.), the Superintendent shall reconsider the eligibility criteria
for preschool children, between the ages of three and five years,
and recommend appropriate changes to the Legislature.

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CORRECTIONS:

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