BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 210


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          Date of Hearing:  July 15, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          210 (Galgiani) - As Amended July 1, 2015


          SENATE VOTE:  40-0


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


          SUMMARY:  Requires the California Department of Education (CDE)  
          to select benchmarks for tracking the progress of deaf and hard  
          of hearing students in language and literacy development,  
          establishes an advisory committee to recommend benchmarks, and  
          requires information from use of the benchmarks to be used  
          locally and to be reported to the CDE.  Specifically, this bill:  
           


          1)Requires the CDE's 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.











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          2)Requires that the language benchmarks be selected from the  
            language benchmarks recommended by an advisory committee  
            created by the bill, and be used by a child's individualized  
            family service plan (IFSP) team or individualized education  
            program (IEP) team to assess the progress of the child's  
            language development using both or one of the languages of  
            American Sign Language (ASL) and English.



          3)Requires individual data on the progress of each student on  
            these benchmarks be reported to the department by the child's  
            IFSP team or IEP team.



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



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



          6)Requires, by June 30, 2016, the department shall inform the  
            advisory committee of which language benchmarks were selected.



          7)Requires the CDE to track developmental 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.
          8)Defines "English," for purposes of the section created by this  








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            bill, includes spoken English, written English, or English  
            with the use of visual supplements.





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



          10)Requires the CDE to disseminate the language benchmarks to  
            IFSP and IEP teams, including parents and guardians of deaf or  
            hard-of-hearing children, and provide materials and training  
            to ensure appropriate language growth as part of the child's  
            existing IFSP or IEP in order to assist deaf or  
            hard-of-hearing children in becoming linguistically ready for  
            kindergarten using both or one of the languages of ASL and  
            English.



          11)Requires the SPI 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.  



          12)Requires that the committee consist of 13 volunteers, the  
            majority of whom are deaf or hard of hearing, and all of whom  








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            are within the field of education for the deaf and hard of  
            hearing. Requires the committee to consist of:



             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









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             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 credentialed teacher of deaf and hard-of-hearing  
               pupils whose expertise is in ASL and English language  
               assessment
             cc)  one speech pathologist from spoken English, with or  
               without the use of visual supplements


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



          2)States that this section applies only to children from birth  
            to five years of age.






          3)Makes implementation of this section subject to an  
            appropriation being made for purposes of this section in the  
            annual Budget Act or another statute.









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          EXISTING LAW:   


          1)Requires that children with disabilities age birth to three  
            years are provided with an IFSP, and that students with  
            disabilities age three to 22 years are provided with an  
            individualized education IEP.  



          2)Requires each student's IEP team to:



             a)   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 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.  

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



               1.     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

               2.     Appropriate, direct, and ongoing language access to  








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                 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

               3.     Services necessary to ensure  
                 communication-accessible academic instructions, school  
                 services, and extracurricular activities
           

          1)Establishes the California School for the Deaf, Northern  
            California (Fremont), and the California School for the Deaf,  
            Southern California (Riverside) and three diagnostic centers,  
            all under the administration of the CDE.


          2)Establishes the Deaf Student's Bill of Rights which states,  
            among other things, that it is essential that hard-of-hearing  
            and deaf students have an education in which their unique  
            communication mode is respected, utilized, and developed; that  
            students have an education with a sufficient number of  
            language mode peers with whom they can communicate; and that  
            students' parents be involved in determining the extent,  
            content, and purpose of their educational programs.


          3)Establishes the California Early Intervention Services Act,  
            commonly known as the Early Start Program, to provide various  
            early intervention services for infants and toddlers who have  
            disabilities to enhance their development and to minimize the  
            potential for developmental delays.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, cost pressure potentially in the low millions to fund  
          new local requirements to implement and report upon the  
          identified language benchmarks; and cost pressures to the CDE in  
          the low hundreds of thousands, and a possible increase in costs  








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          related to mediations and due process hearings.





          COMMENTS:  


          Need for the bill. The author's office states, "Children who are  
          deaf and hard of hearing have the same ability and capability to  
          learn language as their peers who are not deaf and hard of  
          hearing. The ability and right to develop one's language is  
          central to the human experience and a necessary prerequisite to  
          any literacy, cognitive, emotional, linguistic, academic, and  
          social growth. Without language, there can be no education.





          Current statistics show that many children who are deaf and hard  
          of hearing arrive at Kindergarten with severe language delays  
          and in many cases, language deprivation.  These children begin  
          Kindergarten without the necessary language skills to acquire  
          the knowledge and academic competences, which will allow them to  
          be successful in school and life.  Currently, there are no  
          requirements to assess the language development of children  
          birth to five who are deaf and hard of hearing or to monitor  
          their progress in the languages most commonly used by  
          individuals who are deaf and hard of hearing in the United  
          States: American Sign Language and English."


          Language deprivation among deaf and hard of hearing students in  
          California.  According the CDE, in California there are  
          approximately 17,000 students, ages birth to 22, who are deaf or  
          hard of hearing.  The CDE notes that historically most deaf and  
          hard of hearing students struggle academically because of their  








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          limited access to language.  This lack of access to language,  
          sometimes called "language deprivation," can cause language  
          delays, and because language and cognition are closely related,  
          language deprivation may lead to cognitive delays.  


          However, research has demonstrated that children who are deaf  
          are identified and enrolled in appropriate Early Start services  
          by six months of age can develop language and cognitive skills  
          commensurate with their non-deaf peers.  


          The largest data set representing the language development of  
          deaf and hard of hearing students on standardized tests comes  
          from a longitudinal study using the Stanford Achievement Test.   
          This study began in 1969 and ran for over thirty years.  It  
          measured normative performance of deaf and hard-of-hearing  
          students ages 8 to 18 on reading comprehension tests, and found  
          that, between 1974 and 2003, median performance never exceeded  
          the fourth-grade equivalent for any age cohort.  It also noted  
          persistent problems in designing a valid and reliable way to  
          measure the academic performance of deaf and hard of hearing  
          students.


          Data from the 2008 administration of the California Standards  
          Tests of English language arts show that less than 10% of deaf  
          and 23% of hard of hearing students scored at the "proficient"  
          or higher levels.  51% of deaf students scored at the "far below  
          basic" level, the lowest category of performance. This is the  
          only publicly available state data disaggregated for these  
          students.


          Universal newborn screening creates new opportunity to intervene  
          in critical early years.  In numerous policy statements and  
          recommendations relating to the education of deaf and hard of  
          hearing students there is universal recognition that early  
          identification and intervention is critical to language  








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          development.  


          As late as 2000, the average age of identification of deaf and  
          hard of hearing children was 2.5 years.  Recognition of the  
          importance of early identification has led to policies  
          increasing newborn screening from 46% in 1999 to 98% in 2011,  
          according to the Centers for Disease Control and Prevention.


          Research has demonstrated that identification of hearing  
          difficulty prior to six months is associated with significantly  
          better language scores than identification after 6 months of  
          age.  For children with normal cognitive abilities, this  
          advantage holds true across ages, communication modes, degrees  
          of hearing loss, socioeconomic status, gender, race, and the  
          presence or absence of additional disabilities.  


          One longitudinal study found that the age of intervention  
          accounted for over 55% of the difference in language ability at  
          age five.  Other research found that parental involvement  
          accounts for 35% of language ability differences at age five.   
          An estimated 96% of deaf and hard of hearing children are born  
          to hearing parents, who often lack information and skill which  
          could help them promote language and literacy development in the  
          critical early years.  


          Recognizing the importance of early intervention, as well as the  
          vital role of parents, this bill is intended to provide parents,  
          educators, and policy makers tools for addressing language  
          deprivation among deaf and hard of hearing children during the  
          children's early years.  The Committee may wish to consider what  
          progress could be in promoting language development now that  
          earlier identification has been realized and early intervention  
          is so clearly indicated.










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          No publicly available state data on deaf and hard of hearing  
          language outcomes.  While the CDE collects data on the progress  
          of students with disabilities in English language arts in grades  
          3 - 8 and 11, this data is reported as the performance of all  
          students with disabilities, with no disaggregation by  
          disability.  And while the state collects data on language  
          development of children with disabilities ages birth to five at  
          state funded child care/development and preschool programs for  
          purposes of reporting to the federal government, it is also not  
          disaggregated by disability.  


          As a result it is not possible to examine the language  
          development of deaf and hard of hearing students, or view trends  
          over time to measure the impact of policy and programmatic  
          changes.  The proponents of this bill support such reporting,  
          and a reporting requirement is included in the staff recommended  
          amendments listed at the end of this analysis.


          Desired Results Developmental Profile provides information  
          useful for both individual children and state policy.  To meet  
          federal requirements to monitor the educational and  
          developmental progress of children with disabilities, the CDE  
          has developed the Desired Results Developmental Profile  
          instrument (DRDP).  The DRDP is an assessment instrument based  
          on a developmental continuum from early infancy to kindergarten  
          entry.  The DRDP is administered twice every year to children in  
          state funded child care/development and preschool programs, and  
          provides an individual profile of a child's developmental and  
          school readiness skills in eight domains, including language and  
          literacy, math and science, social-emotional development, and  
          English language development.   Children's development is  
          presented along a continuum using levels labeled responding,  
          exploring, building, and integrating.


          The CDE uses the results of the DRDP assessment to meet federal  
          accountability requirements under the individuals with  








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          Disabilities Education Act (IDEA) (known in this context as DRDP  
          Access), and it is used with children who deaf and hard of  
          hearing.  The DRDP was developed according to the principles of  
          universal design, and allows children the opportunity to  
          demonstrate their knowledge and skills in a variety of ways.   
          Each child's DRDP data is used to provide an overall summary of  
          progress, determined by comparing each child's level of  
          functioning and individual progress to a sample of same-aged  
          peers.   Special Education Local Plan Areas (SELPAs) are  
          required to report DRDP assessment data to the CDE through the  
          California Special Education Management Information System  
          (CASEMIS).   The DRDP is aligned to the Common Core state  
          standards for kindergarten.  


          The DRDP is an evidence-based, valid and reliable assessment.   
          DRDP statewide data can be disaggregated by disability and, as  
          required by this bill, reports can be created for deaf and hard  
          of hearing students' performance relative to their non-deaf and  
          hard of hearing peers.  The Committee may wish to consider that  
          the proponents of this bill express concern that this assessment  
          does not adequately measure the language development of deaf and  
          hard of hearing children.  For that reason, this bill, as  
          proposed to be amended (see Recommended Amendments) would  
          require that the advisory committee created by the bill provide  
          recommendations on the design and administration of the DRDP for  
          deaf and hard of hearing children, and also require that a  
          version of the DRDP be developed to meet the needs of these  
          children. 


          Infant/Toddler and Preschool Learning Foundations.  The  
          California Infant/Toddler Learning and Development Foundations  
          were developed by the CDE, in collaboration with many  
          researchers and stakeholders.   The Infant/Toddler foundations  
          were released in 2009.  The California Preschool Learning  
          Foundations were developed by the California Department of  
          Education, in collaboration with many researchers and  
          stakeholders.  These foundations include three volumes.  Volume  








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          1, released on January 22, 2008, includes language and literacy,  
          and English language development.  The Learning Foundations are  
          aligned to the Common Core state standards for kindergarten.  


          Best Practices for Early Start for Infants and Toddlers who are  
          Deaf and Hard of Hearing.  To help ensure that families of  
          infants with hearing loss in California received appropriate  
          services, the CDE established a Deaf and Hard of Hearing Early  
          Start Workgroup.  The Workgroup was tasked with developing a  
          document to provide guidance to Early Start providers, parents,  
          and others in the appropriate provision of early intervention  
          services.  In 2005, the Workgroup published "Best Practices for  
          Early Start for Infants and Toddlers who are Deaf and Hard of  
          Hearing."  


          Resource Guide for Parents of Infants and Toddlers Who are Deaf  
          or Hard of Hearing.  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, with 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 various  
          communication tools and educational approaches.


          Can the educator tool required by this bill function as  
          intended?  The recommended amendments below (2) require the  
          creation of a version of the DRDP for use with deaf and hard of  
          hearing children to measure language and literacy development.   
          This proposal raises several questions which the Committee may  
          wish to consider:


          1)Is the DRDP sufficient for use with deaf and hard of hearing  
            students to measure language and literacy development?  The  








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            CDE states that it is, but proponents of this bill are  
            concerned that it does not adequately measure language  
            development for deaf and hard of hearing students.  The CDE's  
            DRDP contractor has expressed interest in receiving input from  
            the deaf and hard of hearing advisory committee created by  
            this bill.  Amendments proposed below specifically authorize  
            the committee to make such recommendations.


          2)Can a version of the DRDP which meets the requirements of this  
                                                           bill remain a valid and reliable instrument capable of  
            accurately measuring the language development of these  
            children compared to typically developing children?  CDE's  
            contractor has indicated that they are considering developing  
            a "readiness zone" model of the existing assessment, but also  
            note that any changes to the assessment must be made on the  
            basis of empirical evidence, recognized standards of test  
            construction, and remain consistent with principles of  
            authentic assessment.


          3)Is it an appropriate precedent to require the development of a  
            version of an assessment designed for all pupils for a  
            specific group of students?  Proponents of the bill argue that  
            it is, because deaf and hard of hearing children's  
            communication requires assessment modifications, and because  
            language deprivation is such a serious, pervasive, and  
            long-standing issue.  However this bill might create pressure  
            for the CDE to develop other versions of the DRDP - an  
            assessment designed to be administered to all students. 


          Recommended amendments.  Staff recommends the following  
          amendments: 


          1)Require the development of a resource for parents for the  
            purpose of monitoring deaf and hard-of-hearing children's  
            (ages 0-5) language and literacy development.  The resource  








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            would be appropriate for use with deaf and hard of hearing  
            children, present milestones in terms of typical development  
            of all children, be aligned to existing state standards and  
            assessments, be written for ease of use and clarity for  
            parents, make clear that it is not a formal assessment, and  
            that parents can bring the resource to an IEP or IFSP meeting  
            for the purpose of sharing their observations about their  
            children's development.



          2)Require the development of a version of an existing tool for  
            educators which can be used to assess the language and  
            literacy development of children who are deaf and hard of  
            hearing.  The tool would be in a standardized format that  
            shows stages of language development and outcomes, present  
            language and literacy development in terms of age-referenced  
            readiness zones, be appropriate, in both content and  
            administration, for use with deaf and hard of hearing  
            children.  It could be used in the development and  
            modification of IEPs and IFSPs, and could reflect the  
            recommendations of the advisory committee established by the  
            bill.



          3)Require the CDE to disseminate the parent resource and  
            educator tool to parents and local educational agencies  
            respectively, and provide materials and training on its use.  



          4)Require the advisory committee to recommend language  
            development milestones for inclusion in the parent resource,  
            and authorize it to make recommendations on the design and  
            administration of the educator tool.











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          5)Authorize the advisory to committee to 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 to ensure  
            its appropriate use with those children, and to make  
            recommendations regarding future research to improve the  
            measurement of progress of deaf and hard of hearing children  
            in language and literacy.



          6)Require the CDE, beginning in 2017, to annually produce a  
            report, using existing data reported in compliance with the  
            federal state performance plan on pupils with disabilities, on  
            the language and literacy development of deaf and hard of  
            hearing children (including those who have other  
            disabilities), relative to their peers who are not deaf or  
            hard of hearing, and post this report on the department's  
            website.



          7)Require that all activities conducted to implement the act be  
            in consistent with federal law on students with disabilities  
            and privacy of student information.



          8)Define language milestones to mean milestones of development  
            used in existing state instruments used to meet the  
            requirements of federal law.
          


          Prior legislation.  AB 455 (Medina) of the 2013-2014 Session  
          would have required the Superintendent of Public Instruction to  
          develop standards in Braille and American Sign Language that are  
          aligned to the common core standards. AB 455 was held in the  
          Senate. 








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          AB 2072 (Mendoza) of the 2009-10 Session would have required the  
          Department of Health Care Services to develop an unbiased,  
          comprehensive, evidence-based informational pamphlet for  
          newborns and infants identified as deaf or hard of hearing about  
          visual and auditory communication and language options that is  
          sufficient to allow a parent to make an informed decision on  
          which options to choose for his or her child. AB 2072 was vetoed  
          by the Governor.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of the Deaf (sponsor)


          California Coalition of Options Schools (sponsor) 


          Center for Early Intervention on Deafness (sponsor)


          California Coalition of Agencies Serving the Deaf and Hard of  
          Hearing










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          California Educators of the Deaf and Hard of Hearing


          California Hands and Voices


          Center for Early Intervention on Deafness


          Deaf and Hard of Hearing Service Center


          NorCal Services for Deaf and Hard of Hearing




          Opposition


          None on file




          Analysis Prepared by:Tanya Lieberman / ED. / (916)  
          319-2087