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