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 | | | | | | | | | | | | ------------------------------------------------------------------ AB 2785 Page 2 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 AB 2785 Page 3 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 AB 2785 Page 4 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. AB 2785 Page 5 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. AB 2785 Page 6 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 AB 2785 Page 7 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. AB 2785 Page 8 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 AB 2785 Page 9 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