BILL NUMBER: AB 2659 INTRODUCED
BILL TEXT
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, serious
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 paragraph
(10) of subdivision (j) (b) 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 and following) et seq.) 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 paragraph (4) or (9) of subdivision
(f) or (i) (b) of Section 3030 of Title
5 of the California Code of Regulations or Section 56337 and
paragraph (10) of subdivision (j) (b)
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 and following) et
seq.) categories of "other health impairments,"
"serious emotional "emotional disturbance,"
"other health impairments," 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 paragraph (2), (5), or (13) of subdivision
(a), (b), or (d) (b) 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) Serious emotional Emotional
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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