BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 210|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SB 210
          Author:   Galgiani (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-0, 4/29/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
           NO VOTE RECORDED:  Runner, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Special education:  deaf and hard-of-hearing  
                     children:  language benchmarks


           SOURCE:    California Association of the Deaf
                      California Coalition of Option Schools
                      Center for Early Intervention on Deafness
          
          DIGEST:   This bill requires the California Department of  
          Education to select language benchmarks to monitor and track the  
          language acquisition and development of children age birth to  
          five years who are deaf and hard-of-hearing.

          ANALYSIS:   Existing law requires each student's individualized  
          education program (IEP) team to:


          1)Consider, among other things, the communication needs of the  
            student, and in the case of a student who is deaf or hard of  
            hearing, consider the student's language and communication  
            needs, opportunities for direct communications with peers and  








                                                                     SB 210  
                                                                    Page  2


            professional personnel in the student's language and  
            communication mode, academic level, and full range of needs,  
            including opportunities for direct instruction in the  
            student's language and communication mode.  (Education Code §  
            56341.1)  

          2)Specifically discuss the communication needs of the student,  
            consistent with "Deaf Students Education Services Policy  
            Guidance" including, among other things, the following:

             a)   The student's primary language mode and language, which  
               may include the use of spoken language with or without  
               visual cues, or the use of sign language, or a combination  
               of both. 

             b)   Appropriate, direct, and ongoing language access to  
               special education teachers and other specialists who are  
               proficient in the student's primary language mode and  
               language consistent with existing law regarding teacher  
               training requirements.

             c)   Services necessary to ensure communication-accessible  
               academic instructions, school services, and extracurricular  
               activities.  (EC § 56345)

          This bill:  

           1) Requires the California Department of Education's (CDE) Deaf  
             and Hard of Hearing unit, and the CDE'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.

           2) Limits the scope of the language benchmarks to children age  
             birth to five years.

           3) Requires the language benchmarks to be selected from the  
             language benchmarks recommended by the advisory committee  
             established by this bill.

           4) Requires the selected benchmarks to be used by a child's  
             individualized family service plan (IFSP) or IEP team to  







                                                                     SB 210  
                                                                    Page  3


             assess the progress of the child's language development using  
             both or one of the languages of American Sign Language (ASL)  
             and English.

           5) Requires each IEP and IFSP team to report progress of  
             students toward reaching the benchmarks to the CDE.

           6) Requires the CDE to 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.

           7) Requires the IEP or IFSP team, if a child does not  
             demonstrate progress in expressive and receptive language  
             skills according to the language benchmarks, to explain in  
             detail the reasons why the child is not meeting the  
             benchmarks or progressing towards the age-appropriate  
             benchmark, and requires the IEP or IFSP team to recommend  
             specific strategies, services, and programs that must be  
             provided to assist the child's success toward English  
             literacy.

           8) Requires the CDE 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 requires the CDE 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 child in becoming linguistically ready for  
             kindergarten using both or one of the languages of ASL or  
             English.

           9) Requires the Superintendent of Public Instruction to  
             establish an ad hoc advisory committee for purposes of  
             soliciting input from experts on the selection of language  
             benchmarks for children who are deaf or hard-of-hearing that  
             are equivalent to those for children who are not deaf or  
             hard-of-hearing.

           10)Requires the advisory committee to consist of 13 volunteers,  
             the majority of whom must be deaf or hard-of hearing, and all  
             of whom must be within the field of education for the deaf  
             and hard-of-hearing.  This bill requires the advisory  
             committee to include all of the following:







                                                                     SB 210  
                                                                    Page  4



              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  
                students who use the dual languages of ASL and English.

              d)    One credentialed teacher of deaf and hard-of-hearing  
                students from a state certified non-public, non-sectarian  
                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  
                students whose expertise is in curriculum and instruction  
                in ASL and English.

              h)    One credentialed teacher of deaf and hard-of-hearing  
                students 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.

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

              bb)   One professional from the dual languages of ASL and  
                English.

              cc)   One professional from spoken English, with or without  







                                                                     SB 210 
                                                                    Page  5


                the use of visual supplements.

           11)Requires the CDE, by March 1, 2016, to provide the advisory  
             committee with a list of existing language benchmarks from  
             existing standardized norms, along with any relevant  
             information held by the CDE regarding those language  
             benchmarks.

           12)Requires the advisory committee to recommend language  
             benchmarks for selection by June 1, 2016.

           13)Requires the CDE to inform the advisory committee of which  
             language benchmarks were selected, by June 30, 2016.

           14)Requires the CDE to develop specific action plans and  
             regulations to fully implement the language benchmark  
             assessment protocol and processes by January 1, 2018.

           15)Provides that implementation of this bill is subject to an  
             appropriation in the Budget Act or another measure.

           16)Defines "English" to include spoken English, written  
             English, or English with the use of visual supplements.

          Background
          
          The California Infant/Toddler Learning & Development Foundations  
          were developed by the CDE, in collaboration with many  
          researchers and stakeholders.   The Infant/Toddler foundations  
          were released in 2009.   
          [http://www.cde.ca.gov/sp/cd/re/documents/itfoundations2009.pdf]

          The California Preschool Learning Foundations were developed by  
          the CDE, in collaboration with many researchers and  
          stakeholders.  These foundations include three volumes.  Volume  
          1, released on January 22, 2008, includes language and literacy,  
          and English language development:   
          [http://www.cde.ca.gov/sp/cd/re/documents/preschoollf.pdf]

          Children with disabilities age birth to three years are provided  
          with an IFSP.  Students with disabilities age three to 22 years  
          are provided with an IEP.  

          Comments







                                                                     SB 210  
                                                                    Page  6


          
          Existing infant/toddler and preschool foundations.  The CDE  
          developed the California Infant/Toddler Learning & Development  
          Foundations and the California Preschool Learning Foundations to  
          provide guidance to providers of early education and care.  Both  
          the infant/toddler and preschool foundations are non-binding  
          (voluntary) on providers, programs, and local educational  
          agencies.
          The California Infant/Toddler Learning & Development Foundations  
          do not include any reference to the development of children who  
          are deaf or hard of hearing.  (specific to language and  
          literacy, and English language development:   
          [http://www.cde.ca.gov/sp/cd/re/itf09langdev.asp]

          The California Preschool Learning Foundations include only a  
          footnote reference to students who are deaf or hard of hearing:   
          specifically, that phonological awareness is an important skill  
          for students who are deaf, and that teachers of the deaf should  
          be consulted for strategies for facilitating phonological  
          awareness.  Phonological awareness is defined as sensitivity to  
          the sound (or phonological) structure of spoken language.

          Resources for parents.  Various resources exist for parents  
          regarding the development of children who are deaf or hard of  
          hearing; none are specific to benchmarks for language  
          development.  In 2011, a panel of parents convened with the CDE  
          to create a guide for parents that contains information to help  
          parents understand the services that may be provided through an  
          IFSP and IEP, including a focus on language development.  The  
          purpose of the Resource Guide for Parents of Infants and  
          Toddlers Who are Deaf or Hard of Hearing, released by the CDE in  
          2013, is to provide parents with an introduction to the benefits  
          of both signed and spoken language, as well as to the various  
          communication tools and educational approaches.   
          [http://www.cde.ca.gov/sp/ss/dh/documents/prgsummary.pdf]  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


           This bill creates a cost pressure potentially in the low  







                                                                     SB 210  
                                                                    Page  7


            millions to fund new local requirements to implement and  
            report upon the identified language benchmarks.

           Staff estimates administrative cost pressures to the CDE to be  
            in the low hundreds of thousands, and a possible increase in  
            costs related to mediations and due process hearings.


          SUPPORT:   (Verified5/29/15)


          California Association of the Deaf (co-source)
          California Coalition of Option Schools (co-source)
          Center for Early Intervention on Deafness (co-source)
          NorCal Services for Deaf and Hard of Hearing


          OPPOSITION:   (Verified5/29/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the California  
          Association of the Deaf, a significant number of the approximate  
          17,000 deaf pupils in California arrive at kindergarten with  
          inadequate language development necessary to achieve the  
          academic competencies and social emotional growth.  The ability  
          and right to develop one's language is central to the human  
          experience and a necessary prerequisite to literacy, cognitive,  
          emotional, linguistic, academic, and social growth.  Without  
          language, there can be no education.


          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          6/2/15 21:57:46


                                   ****  END  ****


          









                                                                     SB 210  
                                                                    Page  8