Amended in Assembly April 7, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2785

Introduced by Assembly Member O'Donnell

February 19, 2016

An act to begin delete amend Sections 430, 435, and 444 of, and to add Section 447 to, end delete begin insert add Section 56305 to end insert the Education Code, relating to begin delete English language acquisition. end delete begin insert special education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2785, as amended, O'Donnell. begin delete English language acquisition: the federal Every Student Succeeds Act. end delete begin insert Special education: English learners: manual. end insert

begin insert

Existing law requires local educational agencies to actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education.

end insert begin insert

This bill would require the State Department of Education, on or before July 1, 2018, to develop a manual providing guidance to local educational agencies on identifying and supporting English learners who qualify for special education services, as specified, with the goal of providing state guidance to educators on the identification and support of English learners with disabilities and to promote a collaborative approach among teachers, school administrators, other personnel, and parents in determining the most appropriate academic placements and supports for these pupils. In developing the manual, the bill would require the department to review manuals produced on this topic by other states and to establish and consult with a stakeholder group comprised of specified experts and practitioners. As part of implementing these provisions, the bill would require the department, with input from the stakeholder group, to develop a plan for dissemination of the manual and providing professional development on the content of the manual, as specified, and would require the department to submit the plan to the State Board of Education, the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. The bill would state the intent of the Legislature that its provisions be funded with federal funds, to the extent permissible.

end insert begin delete

Existing law declares the intent of the Legislature to amend provisions of the Education Code related to ensuring that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction to the extent that the federal No Child Left Behind Act of 2001 is amended.

end delete begin delete

This bill would require the Department of Education to review these Education Code provisions for conformity with the federal Every Student Succeeds Act, which amended the No Child Left Behind Act of 2001, and to report any necessary conforming changes to the Legislature.

end delete begin delete

This bill would also update obsolete references to the federal No Child Left Behind Act of 2001.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(a) There are approximately 1.4 million English learners in
California public schools, representing 22 percent of the state’s
enrollment. Some of these English learners are also pupils with
disabilities.

end insert begin insert

(b) The accurate identification of English learners for special
education and the determination of the best academic placement
for these pupils is in the interest of pupils, families, educators,
local educational agencies, and the state.

end insert begin insert

(c) The identification of English learners for special education
involves complex and interrelated processes, and educators would
benefit from state guidance on how best to identify these pupils.

end insert begin insert

(d) Educators would also benefit from state guidance about how
to support the learning needs of English learners with disabilities.

end insert begin insert

(e) Other states have provided their educators with such
guidance through manuals on English learners and special
education. The federal government recommends that states develop
guidance for educators on this topic.

end insert begin insert

(f) California, which enrolls one in every three English learners
in the country, should provide such guidance for its educators in
the form of a manual and professional development on identifying
and serving English learners with disabilities.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 56305 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 56305. end insert   

(a) On or before July 1, 2018, the department shall
develop a manual providing guidance to local educational agencies
on identifying and supporting English learners who qualify for
special education services.

(b) The goal of the manual shall be to provide state guidance
to educators on the identification and support of English learners
with disabilities and to promote a collaborative approach among
teachers, school administrators, other personnel, and parents in
determining the most appropriate academic placements and
supports for these pupils.

(c) In developing the manual, the department shall do both of
the following:

(1) Review manuals produced on this topic by other states.

(2) Establish and consult with a stakeholder group comprised
of experts and practitioners. These individuals shall have expertise
or experience in either special education, English learner
education, or in both.

(d) The manual shall include all of the following topics:

(1) Guidance for accurately identifying English learners with
disabilities, including guidance on avoiding the over-identification
and under-identification of these pupils.

(2) Information on second language acquisition and progress.

(3) A sample prereferral or intervention program.

(4) Guidance on referral processes.

(5) Guidance on the use of assessments, including the use of
multiple measures as well as assessment accommodations for both
language and disability.

(6) Guidance on the development of individualized education
programs for English learners.

(7) Guidance on how to support the language and content
learning needs of English learners with disabilities, including how
to do so in inclusive settings.

(8) Information on the role of culture and acculturation.

(9) Guidance for working with families, including guidance on
meeting the needs of nonnative English speakers in special
education proceedings.

(10) A sample plan for continuous evaluation and systemic
review, including guidance on tracking effectiveness and sharing
information between special education and English learner
programs within local educational agencies, to the extent permitted
under state and federal law.

(11) Laws and regulations related to the rights of English
learners and pupils with disabilities.

(e) The manual shall be written for ease of use by educators
and shall include graphic organizers and other helpful features
such as flowcharts, checklists, sample forms, and case examples.

(f) (1) In implementing this section, the department, with input
from the stakeholder group, shall develop a plan for dissemination
of the manual and providing professional development on the
content of the manual. The plan shall address how local
educational agencies can collaborate with the department in
meeting both of these objectives.

(2) The plan shall be submitted to the state board, the
Department of Finance, the Legislative Analyst’s Office, and the
appropriate policy and fiscal committees of the Legislature on or
before July 1, 2018.

(g) It is the intent of the Legislature that this section be funded
with federal funds, to the extent permissible.

end insert

begin delete

SECTION 1.  

Section 430 of the Education Code is amended
to read:

430.  

(a) This chapter shall be known, and may be cited, as the
English Learner and Immigrant Pupil Federal Conformity Act.

(b) The purpose of this chapter is to ensure that instructional
services are provided to pupils with limited English proficiency
in conformity with federal requirements that are designed to ensure
that all pupils have reasonable access to educational opportunities
that are necessary in order for the pupils to achieve at high levels
in English and in the other core curriculum areas of instruction.

(c) This chapter is intended to be declaratory of Title III of the
federal Every Student Succeeds Act (20 U.S.C. Sec. 6301 et seq.)
and is intended to assist local educational agencies in understanding
the requirements and funding formulas to provide allowable
services. It is the intent of the Legislature that, to the extent federal
law is amended, this chapter will be amended to conform to those
changes.

(d) The requirements of this chapter apply only to local
educational agencies that receive federal funds pursuant to Title
III of the federal Every Student Succeeds Act.

SEC. 2.  

Section 435 of the Education Code is amended to read:

435.  

For purposes of this chapter, the following terms have the
following meanings:

(a) “English learner” or “pupil of limited English proficiency”
means a pupil who was not born in the United States or whose
native language is a language other than English or who comes
from an environment where a language other than English is
dominant; and whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny the
individual the ability to meet the state’s proficient level of
achievement on state assessments, the ability to successfully
achieve in classrooms where the language of instruction is English,
or the opportunity to participate fully in society.

(b) “Immigrant pupil” means a pupil who was born in a country
other than the United States and who has attended a kindergarten
class or any of grades 1 to 12, inclusive, in a school in the United
States for three or fewer years.

(c) “Federal Every Student Succeeds Act” means Public Law
Number 114-95 (20 U.S.C. Sec. 6301, et seq.).

SEC. 3.  

Section 444 of the Education Code is amended to read:

444.  

In accordance with Section 6826 (c) of Title 20 of the
United States Code, a local educational agency that receives a
federal subgrant pursuant to Sections 6801 and following of Title
20 of the United States Code shall include in its plan a certification
that all teachers in any language instruction education program for
limited-English-proficient pupils that is, or will be, funded under
Part A of Title III of the federal Every Student Succeeds Act are
fluent in English and any other language used for instruction,
including having written and oral communication skills.

SEC. 4.  

Section 447 is added to the Education Code, to read:

447.  

On or before January 1, 2018, the department shall review
this chapter for conformity with the federal Every Student Succeeds
Act, and shall report any necessary conforming changes to the
Legislature pursuant to Section 9795 of the Government Code.

end delete