BILL NUMBER: SB 210 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 28, 2015
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
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 developmental milestones.
(1) Existing law provides that the Superintendent of Public
Instruction may authorize the California School for the Deaf, which
is composed of two schools, the California School for the Deaf,
Northern California, and the California School for the Deaf, Southern
California, 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, unit and the
state's 2 schools for the deaf, deaf to
jointly select language developmental milestones from existing
standardized norms for purposes of developing a resource for use by
parents to monitor and track deaf and hard-of-hearing children's
expressive and receptive language acquisition and developmental
stages toward English literacy. The bill would require the language
developmental milestones to be selected from the language
developmental milestones recommended by an ad hoc advisory committee,
which the bill would establish, as provided. The bill would require
the parent resource to, among other things, make clear that
the parent resource it 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.
The bill would require the department to also develop a
version of an existing tool select existing tools or
assessments 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 tools or assessments 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.
The bill would require, would, if a
child does not demonstrate progress in expressive and receptive
language skills, as measured by the educator tool or
one of the selected educator tools or assessments, or
by the existing instrument used to satisfy federal law,
require the child's IFSP or IEP team, as applicable, to explain
in detail the reasons why the child is not meeting the language
developmental milestones or progressing towards them, 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 developmental milestones to parents and
guardians of deaf or hard-of-hearing children, and, pursuant to
federal law, to disseminate the educator tool
selected educator tools and assessments to local educational
agencies for use in the development and modification of IFSP and IEP
plans, and to provide materials and training on its use to assist the
deaf or hard-of-hearing child in becoming linguistically ready for
kindergarten using both or one of the languages of ASL
American Sign Language and English.
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 bill
also would require the department, on or before January 1, 2018, to
develop specific action plans and regulations to fully implement the
provisions of the bill.
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.
(2) 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 1. Section 56326.5 is added to the Education Code, to
read:
56326.5. (a) The department's Deaf and Hard of Hearing
unit, unit and the California School for the
Deaf, Deaf shall jointly select
language developmental milestones from existing standardized norms,
pursuant to the process specified in subdivision (d), for purposes of
developing a resource for use by parents to monitor and track deaf
and hard-of-hearing children's expressive and receptive language
acquisition and developmental stages toward English literacy. This
parent resource shall:
(1) Include the language developmental milestones selected
pursuant to the process specified in subdivision (d).
(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.
(3) Present the developmental milestones in terms of typical
development of all children, by age range.
(4) Be written for clarity and ease of use by parents.
(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.
(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.
(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.
(b) The department shall also develop a version of an
select existing tool
tools or assessments for educators that can be used to assess
the language and literacy development of deaf and hard-of-hearing
children. This educator tool: These educator
tools or assessments :
(1) Shall be in a standardized format that
shows stages of language development.
(2) Shall be developed selected 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.
(3) Shall be a version of an selected from
existing instrument instruments or
assessments used to assess the development of all children
for measuring the development of children with disabilities
from birth to five year years
of age, inclusive.
(4) Shall present language and literacy development in terms of
age-referenced readiness zones.
(5)
(4) Shall be appropriate, in both content and
administration, for use with deaf and hard-of-hearing children.
(6)
(5) 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.
(7)
(6) May reflect the recommendations of the advisory
committee established pursuant to subdivision (e).
(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
tools and assessments selected 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.
(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 one of the
educator tools or assessments selected pursuant to subdivision
(b) or (b), or by 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.
(d) (1) On or before March 1, 2016, 2017,
the department shall provide the advisory committee established
pursuant to subdivision (e) with a list of existing language
developmental milestones from existing standardized norms, along with
any relevant information held by the department regarding those
language 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.
(2) On or before June 1, 2016, 2017,
the advisory committee shall recommend language developmental
milestones for selection pursuant to subdivision (a).
(3) On or before June 30, 2016, 2017,
the department shall inform the advisory committee of which
language developmental milestones were selected.
(e) (1) The Superintendent shall establish an ad hoc advisory
committee for purposes of soliciting input from experts on the
selection of language developmental milestones for children who are
deaf or hard of hearing that are equivalent to those for children who
are not deaf or hard of hearing, for inclusion in the parent
resource developed pursuant to subdivision (a). The advisory
committee may also make recommendations on the design
selection and administration of the educator
tool developed tools or assessments selected
pursuant to subdivision (b).
(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.
(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.
(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.
(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.
(i) The department shall, on or before January 1, 2018, develop
specific action plans and regulations to fully implement this
section.
(j)
(i) 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.
(k)
(j) This section shall apply only to children from
birth to five years of age, inclusive.
(l)
(k) 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.