BILL ANALYSIS Ó
AB 2785
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2785 (O'Donnell) - As Amended April 27, 2016
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|Policy |Education |Vote:|7 - 0 |
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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.
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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
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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
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Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081