Bill Text: CA AB2541 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2541 (Prior Session Legislation)

Bill Title: Special education: funding: deaf and hard of hearing children.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2541 Detail]

Download: California-2021-AB2541-Amended.html

Amended IN Assembly April 19, 2022

Amended IN Assembly March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2541

Introduced by Assembly ~~Member Quirk-Silva~~ Members Quirk-Silva and Gallagher
(Principal coauthor: Senator Nielsen)
(Coauthors: Assembly Members Megan Dahle and Medina)

February 17, 2022

An act to amend Sections 56836.39 and 56836.40 of the Education Code, relating to special education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2541, as amended, Quirk-Silva. Special education: funding: deaf and hard of hearing children.

Existing law establishes the special education early intervention preschool grant, which requires the Superintendent of Public Instruction, in any year moneys are appropriated for this purpose, to allocate grant funding to school districts for preschool children with exceptional needs, as provided. Existing law requires the Superintendent to make specified computations to determine the amount of grant funding for each school district.

This bill would require the Superintendent to add to that calculation an unspecified dollar amount, based on the total number of children from birth to 5 years of age, inclusive, who are deaf and hard of hearing to the amount to be apportioned to each school district in order to contract with the California ~~School~~ Schools for the Deaf or nonprofit organizations for purposes of providing specified services to children from birth to 5 years of age, inclusive, who are deaf and hard of hearing, as provided. The bill would require this funding to be allocated to settings that offer both or one of the languages of American Sign Language and English, as defined. The bill would require the funding allocated to school districts pursuant to these provisions to be used to provide specified services to children from birth to 5 years of age, inclusive, who are deaf and hard of hearing, including for strategies to improve outcomes for deaf and hard of hearing children that involve early intensive language services and related specialized services, as provided. The bill would also make related findings and declarations regarding the need for early intervention services for deaf and hard of hearing pupils.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 56836.39 of the Education Code is amended to read:

56836.39.

The Legislature finds and declares all of the following:

(a) A quality education ensures that pupils receive appropriate interventions and services as needed before the pupil falls behind academically.

(b) Early intervention services and supports provided to children who are at risk of falling significantly behind, including children with disabilities, can reduce the need for additional services in future years.

(c) Pupils with disabilities who are taught within the general education classroom with supports and systematic instruction achieve better outcomes in the areas of academics, communication, and behavior.

(d) In order for deaf and hard of hearing pupils to succeed with an appropriate education, access to language and language development, in both or one of the languages of American Sign Language and English, with intensive language services and related specialized, supplemental services consistent with a pupil’s individualized education program or individualized family service plan, should be provided from birth to five years of age, inclusive, and beyond so they are ready to learn when they reach kindergarten, consistent with the purpose of Section 56326.5. For purposes of this subdivision, “English” includes spoken English, written English, or English with the use of visual supplements.

(e) In order to ensure the success of pupils with disabilities, additional resources for early intervention and preschool should be provided to school districts to support young learners with disabilities and those at risk of requiring related services.

SEC. 2.

Section 56836.40 of the Education Code is amended to read:

56836.40.

(a) For any fiscal year in which moneys are appropriated for purposes of this section, the Superintendent shall make the following computations to determine the amount of funding for each school district for the special education early intervention preschool grant:

(1) For each school district, determine the total number of pupils in grade 1 with exceptional needs residing in that school district using Fall 1 Census special education data.

(2) The sum of the totals determined pursuant to paragraph (1) is the “total statewide number of preschool children with exceptional needs” for the applicable fiscal year.

(3) Calculate a per pupil special education early intervention preschool grant by dividing the amount appropriated in the annual Budget Act for purposes of this section by the total statewide number of preschool children with exceptional needs calculated in paragraph (2).

(4) (A) Calculate the special education early intervention preschool grant for each school district by multiplying the per pupil grant calculated in paragraph (3) by the total number calculated in paragraph (1) for the school district.

(B) Notwithstanding any other law, the Superintendent shall add ____ dollars ($____) to the calculation made pursuant to subparagraph (A), which shall be based on the total number of children from birth to five years of age, inclusive, who are deaf and hard of hearing, to the amount to be apportioned to each school district pursuant to paragraph (5) in order to contract with the California ~~School~~ Schools for the Deaf, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1, for the purposes of providing the following services to children from birth to five years of age, inclusive, who are deaf and hard of hearing, consistent with the child’s individualized education program or individualized family service plan:

(i) Highly specialized services to provide full access for early language intervention services, beyond the scope of services provided through a local educational agency.

(ii) Services with a frequency and intensity beyond the capacity of the local educational agency.

(5) The Superintendent shall allocate the amount of funds calculated for each school district in paragraph (4) to the applicable school district.

(b) The funds allocated pursuant to this section shall supplement existing special education resources currently required to be provided pursuant to federal and state law and promote a targeted focus on services and supports being offered in inclusive settings, to the extent practicable. Funding for children who are deaf and hard of hearing from birth to five years of age, inclusive, shall be allocated to settings that offer both or one of the languages of American Sign Language and English.

(c) Funding allocated to school districts under this section shall be used to provide services and supports in inclusive settings, and for deaf and hard of hearing settings, that offer both or one of the languages of American Sign Language and English for the purposes of providing fully accessible language development, that have been determined to improve school readiness and long-term outcomes for infants, toddlers, and preschool pupils from birth to five years of age, inclusive, including, but not limited to, all of the following:

(1) Early intervention services, including preschool and supportive services for children from birth to five years of age, inclusive, who are not meeting age-appropriate developmental milestones and are at risk for being identified as eligible for special education and related services. This may include children who received individualized family support plan services but did not qualify for an individualized education program, and children who have not received an individualized family support plan nor an individualized education program.

(2) One-time programs, services, or resources for preschool children with exceptional needs that may not be medically or educationally necessary or required by an individualized education program or in an individualized family support plan, but which the school district has determined will have a positive impact on a young child.

(3) (A) Strategies to improve pupil outcomes as identified through the state system of support, including inclusive educational programming that ensures a pupil’s right to placement in the least restrictive educational environment.

(B) Notwithstanding subparagraph (A), for deaf and hard of hearing children, strategies to improve pupil outcomes identified through the state system of support, including placement in settings that provide the greatest access to language, are the least isolating, and are the least restrictive environment for the child. For purposes of this subparagraph, the least restrictive environment is may include the California ~~School~~ Schools for the Deaf or nonprofit organizations who specialize in serving deaf and hard of hearing infants and children.

(4) (A) Strategies to improve outcomes for children who are deaf and hard of hearing that involve early intensive language services and related specialized services for children who use both or one of the languages of American Sign Language and English to be continued when transitioning from an individualized family service plan to an individualized education program for children three years of age to the age of entering kindergarten.

(B) Early intervention language services and related specialized services for children from birth to five years of age, inclusive, who are deaf and hard of hearing and are developing proficiency in both or one of the languages of American Sign Language and English may include services described in Section 1401(26) of Title 20 of the United States Code and Section 300.34 of Title 34 of the Code of Federal Regulations, and including, but not limited to, consistent with the child’s individualized family service plan or individualized education program, all of the following services:

(i) Deaf and hard of hearing mentor and coaching services.

(ii) Language and speech services with a professional equipped with the skills and knowledge to maximize the child’s language and speech development.

(iii) Specialized deaf and hard of hearing services with a teacher who uses both or one of the languages of American Sign Language or English.

(iv) Interpreting services as described in ~~Section 300.34(c)(4)of~~ Section 300.34(c)(4) of Title 34 of the Code of Federal Regulations.

(v) Audiological services as described in Section 300.34(c)(1) of Title 34 of the Code of Federal Regulations.

(vi) Transportation services, including reimbursement to parents or legal guardian for miles traveled.

(5) Wraparound services for preschool children with exceptional needs not required by federal or state law.

(6) Expansion of inclusive practices to ensure that preschool children with exceptional needs have access to learn in the least restrictive environment.

(7) Expansion of early intensive language services and related specialized services, for children who are deaf and ~~hard of hearing ,~~ hard of hearing, and use of language development milestones for 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 and English as determined by the child’s individualized education program or individualized family service plan and that are consistent with Section 56326.5.

(8) Professional development for preschool teachers, administrators, and paraprofessionals on evidence-based strategies to build capacity to serve preschool children with exceptional needs in more inclusive settings. For deaf and hard of hearing pupils, professional development trainings shall be consistent with Section 56326.5. This professional development may also include training for teachers, administrators, and paraprofessionals on the development of physical, social, emotional, and academic skills and on developing appropriate individualized education programs for preschool children with exceptional needs that ensure access to a free, appropriate public education in the least restrictive environment.

(d) For purposes of this section, the following definitions shall apply:

(1) “English” means spoken English, written English, or English with the use of visual supplements.

(2) “Preschool child with exceptional needs” means a child between three and five years of age, inclusive, who has been identified as an individual with exceptional needs, as defined in Section 56026, and is receiving individualized education program or individualized family service plan services, except those enrolled in kindergarten or a transitional kindergarten program.

(3) “Transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.

(4) “Wraparound services” means integrated services and supports that address a child’s holistic needs, including, but not limited to, academic, health, and social services.