BILL ANALYSIS Ó
AB 2785
Page 1
ASSEMBLY THIRD READING
AB
2785 (O'Donnell)
As Amended April 27, 2016
Majority vote
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|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