Amended in Assembly July 16, 2015

Amended in Assembly July 1, 2015

Amended in Senate June 2, 2015

Amended in Senate May 6, 2015

Amended in Senate April 20, 2015

Amended in Senate March 24, 2015

Senate Bill No. 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 begin delete benchmarks. end delete begin insert developmental milestones. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law provides that the Superintendent of Public Instruction may authorize the California School for the begin delete Deaf end delete begin insert Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, end insert 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 begin delete department’s deaf education resource centers located in Fremont and Riverside, end delete begin insert state’s 2 schools for the deaf, end insert to jointly select language begin delete benchmarks end delete begin insert developmental milestones end insert from existing standardized norms for purposes of begin delete monitoring and tracking end delete begin insert developing a resource end insert begin insert for use by parents to monitor and track end insert deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language begin delete benchmarks end delete begin insert developmental milestones end insert to be selected from the language begin delete benchmarks end delete begin insert developmental milestones end insert recommended by an ad hoc advisory committee, which the bill would establish, as begin delete 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. end delete begin insert provided. The bill would require the parent resource to, among other things, make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. end insert

begin insert

The bill would require the department to also develop a version of an existing tool for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tool to be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans.

end insert

The bill would require, if a child does not demonstrate progress in expressive and receptive language begin delete skills according to the applicable language benchmarks, end delete begin insert skills, as measured by the educator tool or the existing instrument used to satisfy federal law, end insert the child’s IFSP begin delete team end delete or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the begin delete benchmarks end delete begin insert language developmental milestones end insert or progressing towards begin delete the age-appropriate benchmark, end delete begin insert them, end insert 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 begin delete benchmarks end delete begin insert developmental milestones end insert to begin delete a child’s IFSP or IEP team, including end delete parents and guardians of deaf or hard-of-hearing children, begin insert and, pursuant to federal law, to disseminate the educator tool to local educational agencies for use in the development and modification of IFSP and IEP plans, end insert and to provide materials and training begin delete to ensure appropriate language growth as part of the child’s existing IFSP or IEP in order end delete begin insert on its use end insert 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. begin delete The end delete

begin insert The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site. The end insert bill begin insert also end insert would require the department, on or before January 1, 2018, to develop specific action plans and regulations to fully implement the begin delete language benchmark assessment protocol and processes. end delete begin insert provisions of the bill. end insert

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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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 1.  

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

56326.5.  

(a)  begin delete (1) end delete begin delete   end delete The department’s Deaf and Hard of Hearing
unit, and the begin delete department’s deaf education resource centers located
in Fremont and Riverside, end delete begin insert California School for the Deaf, end insert shall
jointly select language begin delete benchmarks end delete begin insert developmental milestones end insert from
existing standardized begin delete norms end delete begin insert norms, pursuant to the process
specified in subdivision (d), end insert for purposes of begin delete monitoring and tracking end delete
begin insert developing a resource for use by parents to monitor and track end insert deaf
and hard-of-hearing children’s expressive and receptive language
acquisition and developmental stages toward English literacy. begin insert This
parent resource shall: end insert

begin delete

(2) (A) The language benchmarks shall be selected from the
language benchmarks recommended by the advisory committee
pursuant to subdivision (d), and shall 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
shall be reported to the department by the child’s IFSP team or
IEP team.

end delete begin insert

(1) Include the language developmental milestones selected
pursuant to the process specified in subdivision (d).

end insert begin insert

(2) Be appropriate for use, in both content and administration,
with deaf and hard-of-hearing children from birth to five years of
age, inclusive, who use both or one of the languages of American
Sign Language (ASL) and English. For purposes of this section,
“English” includes spoken English, written English, or English
with the use of visual supplements.

end insert begin insert

(3) Present the developmental milestones in terms of typical
development of all children, by age range.

end insert begin insert

(4) Be written for clarity and ease of use by parents.

end insert begin insert

(5) Be aligned to the department’s existing infant, toddler, and
preschool guidelines, the existing instrument used to assess the
development of children with disabilities pursuant to federal law,
and state standards in English language arts.

end insert begin insert

(6) Make clear that the parent resource is not a formal
assessment of language and literacy development, and that a
parent’s observations of their children may differ from formal
assessment data presented at an individualized family service plan
(IFSP) or individualized education program (IEP) meeting.

end insert begin insert

(7) Make clear that a parent may bring the parent resource to
an IFSP or IEP meeting for purposes of sharing their observations
about their child’s development.

end insert begin insert

(b) The department shall also develop a version of an existing
tool for educators that can be used to assess the language and
literacy development of deaf and hard-of-hearing children. This
educator tool:

end insert begin insert

(1) Shall be in a standardized format that shows stages of
language development.

end insert begin insert

(2) Shall be developed for use by educators to track the
development of deaf and hard-of-hearing children’s expressive
and receptive language acquisition and developmental stages
toward English literacy.

end insert begin insert

(3) Shall be a version of an existing instrument used to assess
the development of all children for measuring the development of
children with disabilities from birth to five year of age, inclusive.

end insert begin insert

(4) Shall present language and literacy development in terms
of age-referenced readiness zones.

end insert begin insert

(5) Shall be appropriate, in both content and administration,
for use with deaf and hard-of-hearing children.

end insert begin insert

(6) May be used, in addition to the assessment required by
federal law, by the child’s IFSP or IEP team, as applicable, to
track deaf and hard-of-hearing children’s progress, and to
establish or modify IFSP or IEP plans.

end insert begin insert

(7) May reflect the recommendations of the advisory committee
established pursuant to subdivision (e).

end insert begin insert

(c) (1) The department shall disseminate the parent resource
developed pursuant to subdivision (a) to parents and guardians
of deaf and hard-of-hearing children, and, pursuant to federal
law, shall disseminate the educator tool developed pursuant to
subdivision (b) to local educational agencies for use in the
development and modification of IFSP and IEP plans, and shall
provide materials and training on its use, to assist deaf and
hard-of-hearing children in becoming linguistically ready for
kindergarten using both or one of the languages of ASL and
English.

end insert begin insert

(2) If a deaf or hard-of-hearing child does not demonstrate
progress in expressive and receptive language skills, as measured
by the educator tool developed pursuant to subdivision (b) or the
existing instrument used to assess the development of children with
disabilities pursuant to federal law, the child’s IFSP or IEP team,
as applicable, shall, as part of the process required by federal law,
explain in detail the reasons why the child is not meeting the
language developmental milestones or progressing towards them,
and shall recommend specific strategies, services, and programs
that shall be provided to assist the child’s success toward English
literacy.

end insert begin delete

(B)

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert  On or before March 1, 2016, the department shall
provide the advisory committee begin insert established pursuant to subdivision
(e) end insert with a list of existing language begin delete benchmarks end delete begin insert developmental
milestones end insert from existing standardized norms, along with any
relevant information held by the department regarding those
language begin delete benchmarks. end delete begin insert developmental milestones for possible
inclusion in the parent resource developed pursuant to subdivision
(a). These language developmental milestones shall be aligned to
the department’s existing infant, toddler, and preschool guidelines,
the existing instrument used to assess the development of children
with disabilities pursuant to federal law, and the state standards
in English language arts. end insert

begin delete

(C)

end delete

begin insert (2) end insert  On or before June 1, 2016, the advisory committee shall
recommend language begin delete benchmarks end delete begin insert developmental milestones end insert for
selection pursuant to begin delete paragraph (1). end delete begin insert subdivision (a). end insert

begin delete

(D)

end delete

begin insert (3) end insert  On or before June 30, 2016, the department shall inform the
advisory committee of which language begin delete benchmarks end delete begin insert developmental
milestones end insert were selected.

begin delete

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

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

(c) (1) 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,
shall explain in detail the reasons why the child is not meeting the
benchmarks or progressing towards the age-appropriate benchmark,
and shall recommend specific strategies, services, and programs
that shall be provided to assist the child’s success toward English
literacy.

(2) The department shall disseminate the language benchmarks
to a child’s IFSP or IEP team, including parents and guardians of
deaf or hard-of-hearing children, and shall 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.

(d)

end delete

begin insert (e) end insert  (1) The Superintendent shall establish an ad hoc advisory
committee for purposes of soliciting input from experts on the
selection of language begin delete benchmarks end delete begin insert developmental milestones end insert for
children who are deaf or hard of hearing that are equivalent to
those for children who are not deaf or hard of begin delete hearing. end delete begin insert hearing,
for inclusion in the parent resource developed pursuant to
subdivision (a). The advisory committee may also make
recommendations on the design and administration of the educator
tool developed pursuant to subdivision (b). end insert

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

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

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

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

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

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

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

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

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

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

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

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

(L) One credentialed teacher of deaf and hard-of-hearing pupils
whose expertise is in ASL and English language assessment.

(M) One speech pathologist from spoken English, with or
without the use of visual supplements.

begin insert

(f) The advisory committee established pursuant to subdivision
(e) may also advise the department or its contractor on the content
and administration of the existing instrument used to assess the
development of children with disabilities pursuant to federal law,
as used to assess deaf and hard-of-hearing children’s language
and literacy development to ensure the appropriate use of that
instrument with those children, and may make recommendations
regarding future research to improve the measurement of progress
of deaf and hard-of-hearing children in language and literacy.

end insert begin insert

(g) Commencing on or before July 31, 2017, and on or before
each July 31 thereafter, the department shall annually produce a
report, using existing data reported in compliance with the
federally required state performance plan on pupils with
disabilities, that is specific to language and literacy development
of deaf and hard-of-hearing children from birth to five years of
age, inclusive, including those who are deaf or hard of hearing
and have other disabilities, relative to their peers who are not deaf
or hard of hearing. The department shall make this report available
on its Internet Web site.

end insert begin insert

(h) All activities of the department in implementing this section
shall be consistent with federal law regarding the education of
children with disabilities and federal law regarding the privacy
of pupil information.

end insert begin delete

(e)

end delete

begin insert (i) end insert  The department shall, on or before January 1, 2018, develop
specific action plans and regulations to fully implement begin delete the
language benchmark assessment protocol and processes. end delete begin insert this
section. end insert

begin insert

(j) For the purpose of this section, the term “language
developmental milestones” means milestones of development
aligned with the existing state instrument used to meet the
requirements of federal law for the assessment of children from
birth to five years of age, inclusive.

end insert begin delete

(f)

end delete

begin insert (k) end insert  This section shall apply only to children from birth to five
years of age, inclusive.

begin delete

(g)

end delete

begin insert (l) end insert  Implementation of this section is subject to an appropriation
being made for purposes of this section in the annual Budget Act
or another statute.

SEC. 2.  

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