Amended in Senate May 6, 2015

Amended in Senate April 20, 2015

Amended in Senate March 24, 2015

Senate BillNo. 210


Introduced by Senator Galgiani

February 11, 2015


An act to add Section 56326.5 to the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

SB 210, as amended, Galgiani. Special education: deaf and hard-of-hearing children: language benchmarks.

Existing law provides that the Superintendent of Public Instruction may authorize the California School for the Deaf to establish and maintain a testing center for deaf and hard-of-hearing minors. Existing law provides that the purpose of the center shall be to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. Existing law authorizes a pupil to be referred, as appropriate, to the California School for the Deaf, among other places, for further assessment and recommendations.

This bill would require the State Department of Education’s Deaf and Hard of Hearing unit, and the department’s deaf education resource centers located in Fremont and Riverside, to jointly select language benchmarks from existing standardized norms for purposes of monitoring and tracking deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language benchmarks to be selected from the language benchmarks recommended by an ad hoc advisory committee, which the bill would establish, as provided, and would require the language benchmarks to be used by a child’s individualized family service plan (IFSP) team or individualized education program (IEP) team, as applicable, to assess the progress of the child’s language development using both or one of the languages of American Sign Language (ASL) and English, which would be required to be reported to thebegin delete department. To the extent using the language benchmarks would imposeend deletebegin insert department by the child’s IFSP team or IEP team. By imposingend insert additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The bill would require, if a child does not demonstrate progress in expressive and receptive language skills according to the applicable language benchmarks, the child’s IFSP team or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the benchmarks or progressing towards the age-appropriate benchmark, and to recommend specific strategies, services, and programs that would be provided to assist the child’s success toward English literacy. To the extent thisbegin insert provisionend insert would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill also would require the department to disseminate the language benchmarks to a child’s IFSP or IEP team, including parents and guardians of deaf or hard-of-hearing children, and to provide materials and training to ensure appropriate language growth as part of the child’s existing IFSP or IEP in order to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. The bill would require the department, on or before January 1, 2017, to develop specific action plans and regulations to fully implement the language benchmark assessment protocol and processes.

begin insert

The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 56326.5 is added to the Education Code,
2to read:

3

56326.5.  

(a) (1) The department’s Deaf and Hard of Hearing
4unit, and the department’s deaf education resource centers located
5in Fremont and Riverside, shall jointly select language benchmarks
6from existing standardized norms for purposes of monitoring and
7tracking deaf and hard-of-hearing children’s expressive and
8receptive language acquisition and developmental stages toward
9English literacy.

10(2) (A) The language benchmarks shall be selected from the
11language benchmarks recommended by the advisory committee
12pursuant to subdivision (d), and shall be used by a child’s
13individualized family service plan (IFSP) team or individualized
14 education program (IEP) team, as applicable, to assess the progress
15of the child’s language development using both or one of the
16languages of American Sign Language (ASL) and English, which
17shall be reported to thebegin delete department.end deletebegin insert department by the child’s IFSP
18team or IEP team.end insert

19(B) On or before March 1, 2016, the department shall provide
20the advisory committee with a list of existing language benchmarks
21from existing standardized norms, along with any relevant
22information held by the department regarding those language
23benchmarks.

24(C) On or before June 1, 2016, the advisory committee shall
25recommend language benchmarks for selection pursuant to
26paragraph (1).

27(D) On or before June 30, 2016, the department shall inform
28the advisory committee of which language benchmarks were
29selected.

30(3) The department shall track development stages that are
31equivalent to a child’s linguistically age-appropriate peers who
32are not deaf or hard of hearing, with the goal of assisting children
33who are deaf or hard of hearing to become kindergarten-ready.

P4    1(b) For purposes of this section, “English” includes spoken
2English, written English, or English with the use of visual
3supplements.

4(c) (1) If a child does not demonstrate progress in expressive
5and receptive language skills according to the applicable language
6benchmarks, the child’s IFSP team or IEP team, as applicable,
7shall explain in detail the reasons why the child is not meeting the
8benchmarks or progressing towards the age-appropriate benchmark,
9and shall recommend specific strategies, services, and programs
10that shall be provided to assist the child’s success toward English
11 literacy.

12(2) The department shall disseminate the language benchmarks
13to a child’s IFSP or IEP team, including parents and guardians of
14deaf or hard-of-hearing children, and shall provide materials and
15training to ensure appropriate language growth as part of the child’s
16existing IFSP or IEP in order to assist the deaf or hard-of-hearing
17child in becoming linguistically ready for kindergarten using both
18or one of the languages of ASL and English.

19(d) (1) The Superintendent shall establish an ad hoc advisory
20committee for purposes of soliciting input from experts on the
21selection of language benchmarks for children who are deaf or
22hard of hearing that are equivalent to those for children who are
23not deaf or hard of hearing.

24(2) The advisory committee shall consist of 13 volunteers, the
25majority of whom shall be deaf or hard of hearing, and all of whom
26shall be within the field of education for the deaf and hard of
27hearing. The advisory committee shall include all of the following:

28(A) One parent of a child who is deaf or hard of hearing who
29uses the dual languages of ASL and English.

30(B) One parent of a child who is deaf or hard of hearing who
31uses only spoken English, with or without visual supplements.

32(C) One credentialed teacher of deaf and hard-of-hearing pupils
33who use the dual languages of ASL and English.

34(D) One credentialed teacher of deaf and hard-of-hearing pupils
35from a state certified nonpublic, nonsectarian school.

36(E) One expert who researches language outcomes for deaf and
37hard-of-hearing children using ASL and English.

38(F) One expert who researches language outcomes for deaf and
39hard-of-hearing children using spoken English, with or without
40visual supplements.

P5    1(G) One credentialed teacher of deaf and hard-of-hearing pupils
2whose expertise is in curriculum and instruction in ASL and
3English.

4(H) One credentialed teacher of deaf and hard-of-hearing pupils
5whose expertise is in curriculum and instruction in spoken English,
6with or without visual supplements.

7(I) One advocate for the teaching and use of the dual languages
8of ASL and English.

9(J) One advocate for the teaching and use of spoken English,
10with or without visual supplements.

11(K) One early intervention specialist who works with deaf and
12hard-of-hearing infants and toddlers using the dual languages of
13ASL and English.

14(L) One professional from the dual languages of ASL and
15English.

16(M) One professional from spoken English, with or without the
17use of visual supplements.

18(e) The department shall, on or before January 1, 2017, develop
19specific action plans and regulations to fully implement the
20language benchmark assessment protocol and processes.

begin insert

21(f) This section shall apply only to children from birth to five
22years of age, inclusive.

end insert
23

SEC. 2.  

If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.



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