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 the department by the child’s IFSP team or IEP team. By imposing 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 this provision 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, 2018, to develop specific action plans and regulations to fully implement the language benchmark assessment protocol and processes.
The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute.
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:
Section 56326.5 is added to the Education Code,
2to read:
(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 the department by the child’s IFSP team or
18IEP team.
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
P4 1are not deaf or hard of hearing, with the goal of assisting children
2who are deaf or hard of hearing to become kindergarten-ready.
3(b) For purposes of this section, “English” includes spoken
4English, written English, or English with the use of visual
5supplements.
6(c) (1) If a child does not demonstrate progress in expressive
7and receptive language skills according to the applicable language
8benchmarks, the child’s IFSP team or IEP team, as applicable,
9shall explain in detail the reasons why the
child is not meeting the
10benchmarks or progressing towards the age-appropriate benchmark,
11and shall recommend specific strategies, services, and programs
12that shall be provided to assist the child’s success toward English
13
literacy.
14(2) The department shall disseminate the language benchmarks
15to a child’s IFSP or IEP team, including parents and guardians of
16deaf or hard-of-hearing children, and shall provide materials and
17training to ensure appropriate language growth as part of the child’s
18existing IFSP or IEP in order to assist the deaf or hard-of-hearing
19child in becoming linguistically ready for kindergarten using both
20or one of the languages of ASL and English.
21(d) (1) The Superintendent shall establish an ad hoc advisory
22committee for purposes of soliciting input from experts on the
23selection of language benchmarks for children who are deaf or
24hard of hearing that are equivalent to those for children who are
25not deaf or hard of hearing.
26(2) The advisory committee shall consist of 13 volunteers, the
27majority of whom shall be deaf or hard of hearing, and all of whom
28shall be within the field of education for the deaf and hard of
29hearing. The advisory committee shall include all of the following:
30(A) One parent of a child who is deaf or hard of hearing who
31uses the dual languages of ASL and English.
32(B) One parent of a child who is deaf or hard of hearing who
33uses only spoken English, with or without visual supplements.
34(C) One credentialed teacher of deaf and hard-of-hearing pupils
35who use the dual languages of ASL and English.
36(D) One
credentialed teacher of deaf and hard-of-hearing pupils
37from a state certified nonpublic, nonsectarian school.
38(E) One expert who researches language outcomes for deaf and
39hard-of-hearing children using ASL and English.
P5 1(F) One expert who researches language outcomes for deaf and
2hard-of-hearing children using spoken English, with or without
3visual supplements.
4(G) One credentialed teacher of deaf and hard-of-hearing pupils
5whose expertise is in curriculum and instruction in ASL and
6English.
7(H) One credentialed teacher of deaf and hard-of-hearing pupils
8whose expertise is in curriculum and instruction in spoken English,
9with or without visual
supplements.
10(I) One advocate for the teaching and use of the dual languages
11of ASL and English.
12(J) One advocate for the teaching and use of spoken English,
13with or without visual supplements.
14(K) One early intervention specialist who works with deaf and
15hard-of-hearing infants and toddlers using the dual languages of
16ASL and English.
17(L) Onebegin delete professional from the dual languages of ASL and begin insert credentialed teacher of deaf and hard-of-hearing pupils
18English.end delete
19whose expertise is in ASL and English language assessment.end insert
20(M) Onebegin delete professionalend deletebegin insert speech pathologistend insert from spoken English,
21with or without the use of visual supplements.
22(e) The department shall, on or before January 1, 2018, develop
23specific action plans and regulations to fully implement the
24language benchmark assessment protocol and processes.
25(f) This section shall apply only to children from birth to five
26years of age, inclusive.
27(g) Implementation of this section is subject to an appropriation
28being made for purposes of this section in the annual
Budget Act
29or another statute.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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