Amended in Assembly April 27, 2016

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 add Section 56305 to the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2785, as amended, O'Donnell. 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 begin delete identifying end delete begin insert identifying, assessing, end insert and supporting English learners who begin insert may end insert qualify for special education services, as specified, with the goal of providing begin delete state guidance to educators on the identification end delete begin insert guidance, for voluntary use by local educational agencies, including charter schools, on evidence-based and promising practices for the identification, assessment, end insert and support of English learners begin delete with end delete begin insert who may have end insert disabilities and to promote a collaborative approach among begin insert general education end insert teachers, begin insert special education teachers, end insert school administrators, other personnel, and parents in determining the most appropriate academic placements and begin delete supports end delete begin insert services end insert for these pupils. begin insert The bill would require the department to post the manual on its Internet Web site and on its professional development Internet Web site. end insert In developing the manual, the bill would require the department to review manuals begin insert and other resources end insert produced on this topic by begin delete other states end delete begin insert local educational agencies, special education administrators, other organizations, other states, and the federal government, end insert 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 begin insert for staff at schoolsites and administrators of local educational agencies end insert 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, begin insert the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, end insert 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.

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 begin delete with
disabilities. end delete begin insert who qualify for special education services. end insert

(b) The accurate identification of English learners begin delete for end delete begin insert who
qualify for end insert special education begin insert services, end insert and the determination of begin delete the
best academic placement end delete begin insert appropriate services end insert for these begin delete pupils end delete
begin insert pupils, end insert is in the interest of pupils, families, educators, local
educational agencies, and the state.

(c) The identification of English learners begin delete for end delete begin insert who qualify for end insert
special education begin insert services end insert 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 begin delete with disabilities. end delete

begin insert who qualify for special education services. end insert

(e) Other states have provided their educators with such
guidance through manuals on begin insert the topic of end insert 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, begin insert and 35 percent of all English learners who receive
special education services in the United States, end insert should provide
such guidance for its educators in the form of a manual and
professional development on begin delete identifying end delete begin insert identifying, assessing, end insert
and serving English learners begin delete with disabilities. end delete begin insert who qualify for
special education services. end insert

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 begin delete identifying end delete begin insert identifying, assessing, end insert and supporting English
learners who begin insert may end insert qualify for special education services.

(b) The goal of the manual shall be to provide begin delete state guidance
to educators on the identification end delete begin insert guidance, for voluntary use by
local educational agencies, including charter schools, on
evidence-based and promising practices for the identification,
assessment, end insert and support of English learners begin delete with end delete begin insert who may have end insert
disabilities and to promote a collaborative approach among begin insert general
education end insert teachers, begin insert special education teachers, end insert school
administrators, other personnel, and parents in determining the
most appropriate academic placements and begin delete supports end delete begin insert services end insert for
these pupils.

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

(1) Review manuals begin insert and other resources end insert produced on this topic
by begin delete other states. end delete begin insert local educational agencies, special education
administrators, other organizations, other states, and the federal
government. end insert

(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 begin delete with end delete
begin insert who may have end insert disabilities, including guidance on avoiding the
over-identification and under-identification of these begin delete pupils. end delete begin insert pupils
for special education services and in different disability categories
and in different grade spans. end insert

(2) Information on second language acquisition and begin delete progress. end delete

begin insert progress, including guidance on distinguishing between language
acquisition and disabilities. end insert

(3)  begin delete A sample end delete begin insert Examples of end insert prereferral begin delete or intervention program. end delete

begin insert strategies, early interventions, and early intervening strategies
specifically addressing the needs of English learners, including
examples of early interventions for pupils in preschool and the
primary grades who are acquiring foundational language and
literacy skills. end insert

(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 begin delete disability. end delete begin insert disability, including assessment
accommodations in primary languages. end insert

begin insert

(6) Guidance on the consideration of extrinsic factors, such as
vision and health, in the identification of pupils.

end insert begin delete

(6)

end delete

begin insert (7) end insert  Guidance on the development of individualized education
programs for English begin delete learners. end delete begin insert learners, including the composition
of individualized education program teams. end insert

begin delete

(7)

end delete

begin insert (8) end insert  Guidance on how to support the language and content
learning needs of English learners begin delete with end delete begin insert who may have end insert disabilities,
including how to do so in begin delete inclusive settings. end delete begin insert the least restrictive
environment, as described in Section 56040.1. end insert

begin insert

(9) Guidance regarding placement or continued placement in
bilingual programs and on providing services and instruction in
primary languages.

end insert begin insert

(10) Guidance on special education exit and English learner
reclassification processes for English learners with disabilities.

end insert begin delete

(8)

end delete

begin insert (11) end insert  Information on the role of culture and begin delete acculturation. end delete

begin insert acculturation, to the extent it is related to the process of identifying
English learners for special education services. end insert

begin delete

(9)

end delete

begin insert (12) end insert  Guidance for working with families, including guidance
on meeting the needs of nonnative English begin delete speakers end delete begin insert speaking
parents, guardians, and educational rights holders end insert in special
education proceedings.

begin delete

(10) A sample plan

end delete

begin insert (13) end insert begin insert   end insert begin insert Examples of any plans or processes used by local
educational agencies end insert 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.

begin delete

(11) Laws and regulations

end delete

begin insert (14) end insert begin insert   end insert begin insert State and federal law end insert begin insert , regulations, and guidance end insert related
to the rights of English learners and pupils with disabilities.

begin insert

(e) All guidance in the manual shall be consistent with state
and federal law, regulations, and guidance regarding English
learners and special education.

end insert begin delete

(e)

end delete

begin insert (f) end insert  The manual shall be written for ease of use by begin delete educators and
shall include end delete begin insert educators. The department is encouraged to
incorporate end insert graphic organizers and other helpful features such as
flowcharts, checklists, sample forms, and case examples.

begin insert

(g) The department shall post the manual on its Internet Web
site and on its professional development Internet Web site.

end insert begin insert

(h) For purposes of this section, the following terms have the
following meanings:

end insert begin insert

(1) “English learners” includes pupils who have been classified
as English learners and those who may later be classified as
English learners.

end insert begin insert

(2) “Pupils with disabilities” includes pupils who have been or
may be identified as individuals with exceptional needs, as defined
in Section 56026, including pupils who have been or may be
identified as having a low incidence disability, as defined in Section
56026.5, or a severe disability, as defined in Section 56030.5.

end insert begin delete

(f)

end delete

begin insert (i) end insert  (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 begin insert for staff at
schoolsites and administrators of local educational agencies end insert on
the content of the manual. The plan shall address how begin insert the state
and end insert local educational agencies can collaborate begin delete with the department end delete
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, begin insert the
California Collaborative for Educational Excellence, the Advisory
Commission on Special Education, end insert and the appropriate policy and
fiscal committees of the Legislature on or before July 1, 2018.

begin delete

(g)

end delete

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