BILL ANALYSIS Ó AB 2785 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2785 (O'Donnell) - As Amended April 27, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the California Department of Education (CDE), by July 1, 2018, to develop a manual providing guidance to local educational agencies (LEAs) on identifying, assessing, and supporting English learners who may qualify for special education services. Specifically, this bill: 1)Provides that the goal of the manual is to provide guidance, for voluntary use by LEAs, on evidence-based and promising practices for the identification, assessment, and support of English learners who may have disabilities. AB 2785 Page 2 2)Requires the CDE to review existing manuals developed by LEAs, organizations or other states, as a reference for developing California manuals. Also requires CDE to consult a stakeholder group. 3)Sets forth requirements for the content of the manuals, including: guidance for accurately identifying ELs with disabilities, information on second language acquisition and process, examples of early intervention and strategies, guidance on referral processes, use of assessments, and EL reclassification processes for students with disabilities. 4)Requires CDE to post the manual on the department website and develop a plan for dissemination to schoolsites and administrators. Requires this plan to be submitted to the State Board of Education (SBE), the Department of Finance, the Legislative Analyst's Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. 5)Expresses legislative intent that the activities in this bill be funded with federal funds, to the extent possible. FISCAL EFFECT: Administrative costs to CDE of approximately $315,000, over two years, to assist with writing and review of the manual and the plan. CDE indicates some activities can be absorbed within existing resources including, review of existing manuals (including manuals from other states) and convening four AB 2785 Page 3 stakeholder meetings. The CDE position will need to have English learner expertise in order to assist with this work. There will be additional, unknown costs to distribute the manual pursuant to a plan, yet to be developed. COMMENTS: 1)Purpose. According to the author, the inappropriate identification of English learners for special education services is a long-standing problem, with serious consequences for student learning. Research indicates that this problem, first identified in the 1960's, persists today. For example, while overall 10% of California students qualify for special education services, 14.4% of English learners qualify for these services. California has an above average percentage of English learners in special education relative to other states, and 35% of all English learners in special education in the country. Research also suggests that problems such as lack of understanding of language acquisition, unfamiliarity with best practices for serving English learners with disabilities, poorly designed and implemented referral processes, and lack of coordination between English learner and special education programs are things that can be changed with time and resources. Currently, there is no state guidance for educators in this area. This bill aims to address this issue by providing guidance manuals. Several other states have provided this kind of support to their educators, and it is supported by the federal government. There is broad acknowledgement that this kind of guidance would be a highly useful tool in serving these students AB 2785 Page 4 Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081