BILL NUMBER: AB 2785 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 19, 2016
An act to amend Sections 430, 435, and 444 of, and to add
Section 447 to, add Section 56305 to the
Education Code, relating to English language acquisition.
special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2785, as amended, O'Donnell. English language
acquisition: the federal Every Student Succeeds Act.
Special education: English learners: manual.
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.
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.
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.
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.
This bill would also update obsolete references to the federal No
Child Left Behind Act of 2001.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(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.
(d) Educators would also benefit from state guidance about how to
support the learning needs of English learners with disabilities.
(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.
(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.
SEC. 2. Section 56305 is added to the
Education Code , to read:
56305. (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.
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.