BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2785


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          2785 (O'Donnell)


          As Amended  April 27, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |7-0  |O'Donnell, Olsen,     |                    |
          |                |     |Kim, McCarty,         |                    |
          |                |     |Santiago, Thurmond,   |                    |
          |                |     |Weber                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                    AB 2785


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          SUMMARY:  Requires the California Department of Education (CDE)  
          to develop a manual providing guidance to local educational  
          agencies (LEAs) on identifying and supporting English learners  
          (ELs) with disabilities.  Specifically, this bill:  


          1)Requires that, by July 1, 2018, the CDE develop a manual  
            providing guidance to LEAs on identifying, assessing, and  
            supporting English learners who may qualify for special  
            education services.


          2)States that the goal of the manual is to provide guidance, for  
            voluntary use by LEAs and charter schools, on evidence-based  
            and promising practices for the identification, assessment,  
            and support of English learners who may have disabilities, and  
            to promote a collaborative approach among general education  
            teachers, special education teachers, school administrators,  
            other personnel, and parents in determining the most  
            appropriate academic placements and services for these  
            students.


          3)Requires that in developing the manual, the CDE review manuals  
            and other resources produced on this topic by LEAs, special  
            education administrators, other organizations, other states,  
            and the federal government; and establish and consult with a  
            stakeholder group comprised of experts and practitioners, and  
            requires that these individuals have expertise or experience  
            in either special education, English learner education, or  
            both


          4)Requires that the manual include:


             a)   Guidance for accurately identifying English learners who  
               may have disabilities, including guidance on avoiding the  








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               over-identification and under-identification of these  
               students for special education services and in different  
               disability categories and grade spans


             b)   Information on second language acquisition and progress,  
               including guidance on distinguishing between language  
               acquisition and disabilities


             c)   Examples of prereferral strategies, early interventions,  
               and early intervening strategies specifically addressing  
               the needs of English learners


             d)   Guidance on referral processes


             e)   Guidance on the use of assessments, including the use of  
               multiple measures as well as assessment accommodations for  
               both language and disability


             f)   Guidance on the consideration of extrinsic factors in  
               the identification of students


             g)   Guidance on the development and composition of  
               individualized education program teams for English learners


             h)   Guidance on how to support the language and content  
               learning needs of English learners who may have  
               disabilities, including how to do so in the least  
               restrictive environment


             i)   Guidance regarding placement or continued placement in  
               bilingual programs and on providing services and  








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               instruction in primary languages


             j)   Guidance on special education exit and English learner  
               reclassification processes


             aa)  Information on the role of culture and acculturation, to  
               the extent it is related to the process of identifying  
               English learners for special education services


             bb)  Guidance for working with families, including guidance  
               on meeting the needs of non-native English speaking parents  
               in special education proceedings


             cc)  Examples of any plans or processes used by LEAs for  
               continuous evaluation and systemic review, including  
               guidance on tracking effectiveness and sharing information  
               between special education and English learner programs  
               within LEAs, to the extent permitted under state and  
               federal law


             dd)  Related state and federal law, regulations, and guidance  



          1)Requires that all guidance in the manual be consistent with  
            state and federal law, regulations, and guidance regarding  
            English learners and special education.


          2)Requires that the manual be written for ease of use by  
            educators.  Encourages the CDE to incorporate graphic  
            organizers and other helpful features such as flowcharts,  
            checklists, sample forms, and case examples.









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          3)Requires the CDE to post the manual on its website.


          4)Defines, for purposes of this act, the following terms as  
            having the following meanings:


             a)    "English learners" includes students who have been  
               classified as English learners and those who may later be  
               classified as English learners


             b)    "Students with disabilities" includes students who have  
               been or may be identified as individuals with exceptional  
               needs, including those who have been or may be identified  
               as having a low incidence disability or a severe disability


          1)Requires that the CDE, with input from the stakeholder group,  
            to develop a plan for dissemination of the manual and  
            providing professional development for staff at school sites  
            and administrators on the content of the manual. Requires that  
            the plan address how the state and LEAs can collaborate in  
            meeting both of these objectives.


          2)Requires that this plan be submitted to the State Board of  
            Education, 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.


          3)States the intent of the Legislature that these activities be  
            paid for with federal funds.










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          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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  
          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:  




          Need for the bill.  The author states, "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.  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.


          "There is wide recognition this is a dual problem:  the  
          over-identification and under-identification of English  
          learners for special education services.  Students may be  
          mistakenly identified as requiring special education services  
          when their language learning needs are mistaken for a  
          disability.  Conversely, English learners may be prevented from  








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          receiving needed special education services when disabilities  
          are mistaken for language learning needs.  Both problems can  
          result in inappropriate placements and services which hold  
          students back from academic progress.  


          "Research indicates that at the heart of this problem are  
          modifiable factors, such as a 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.  The  
          identification, assessment, and instruction of English learners  
          who may qualify for special education services involves complex  
          and interrelated processes, but no state guidance currently  
          exists to guide educators in this area.


          "AB 2785 directs the California Department of Education, in  
          consultation with a group of experts and practitioners, to  
          develop a manual to support educators on evidence-based  
          practices for the identification, assessment, and instruction of  
          English learners who have disabilities.  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."  


          Long-standing concerns about over/under identification of  
          English learners for special education.  The inappropriate  
          identification of English learners for special education has  
          been a concern since at least the 1960s, when the issue of  
          disproportionate identification was first raised as an issue.   
          Decades of research, litigation, and policy reform followed.  As  
          noted below, however, data indicate that identification,  
          assessment, service problems have persisted.










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          California English learners identified at far higher rate than  
          non-English learners; state has above average rate nationally.   
          Research on English learners and special education  
          identification in California shows that:


            1)  According to the CDE, while 10% of California students  
              qualify for special education services, 9.1% of English  
              proficient students and 14.4% of English learners qualify  
              for these services.  This indicates that ELs are identified  
              for special education services at a rate that is 60% higher  
              than for non-ELs.


            2)  According to the CDE, approximately 1% of English learners  
              were provided test accommodations on the California  
              Standards Tests in 2009.  This rate declined from about 2%  
              in 2006.


            3)  California has an above average percentage of English  
              learners in special education compared to other states.   
              Data reported by Office of Civil Rights indicate that in  
              2011-12 California identified 13.3% of English learners,  
              compared to a national average rate of 11.9%, and that  
              California enrolls 35% of all English learners in special  
              education in the country.


            4)  Research indicates that, of California students  
              identified for special education, English learners are  
              overrepresented in certain disability categories,  
              particularly intellectual disability, learning  
              disabilities, and speech and language impairment.  


            5)  Older research (2000) indicates that California ELs  
              receiving the least language support were more likely to be  
              placed in special education programs, and that students  








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              receiving all of their instruction in English were three  
              times as likely to be identified for special education  
              services than those receiving some primary language  
              support.


            6)  Research suggests that before fifth grade California ELs  
              are under-identified, and are over-identified in the  
              secondary grades.
          The key issues:  language, intervention, referral, assessment,  
          instruction.  What are the causes of this long-standing problem?  
           The research points to some key issues which are addressed by  
          this bill.  They include the inability to distinguish between a  
          language learning need and a disability, insufficient use of  
          assessment accommodations, poorly designed and implemented  
          referral strategies, lack of intervention strategies, and  
          inappropriate instructional practices.




          Analysis Prepared by:                                             
          Tanya Lieberman / ED. / (916) 319-2087  FN: 0003193