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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          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











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          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081