Bill Text: CA SB210 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Special education: deaf and hard-of-hearing children: language developmental milestones.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 652, Statutes of 2015. [SB210 Detail]

Download: California-2015-SB210-Amended.html

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BILL NUMBER: SB 210	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 11, 2015

   An act to  amend Sections 42651, 42652, 42653, and 42654
of the Food and Agricultural Code, relating to fruit, nut, and
vegetable standards.   add Section 56326.5 to the
Education Code, relating to special education. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 210, as amended, Galgiani.  Fruit, nut, and vegetable
standards: enforcement.   Special education: deaf and
hard-of-hearing children: language benchmarks.  
   Existing law provides that the Superintendent of Public
Instruction may authorize the California School for the Deaf 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, the California School for the Deaf,
Fremont, and the California School for the Deaf, 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. The bill would require
the language benchmarks to be selected from the language benchmarks
recommended by an ad hoc advisory committee, which the bill would
establish, as provided, and would require the language benchmarks to
be used by a child's individualized family service plan (IFSP) team
or individualized education program (IEP) team, as applicable, to
assess the progress of the child's language development using one or
both of the dual languages of American Sign Language (ASL) and
English, which would be required to be reported to the department. To
the extent using the language benchmarks would impose additional
duties on local educational agency officials, the bill would impose a
state-mandated local program.  
   The bill would require, if a child does not demonstrate progress
in expressive and receptive language skills according to the
applicable language benchmarks, the child's IFSP team or IEP team, as
applicable, to explain in detail the reasons why the child is not
meeting the benchmarks or progressing towards the age-appropriate
benchmark, 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 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 overall goals for the language
benchmarks to the parents or guardians of deaf or hard-of-hearing
children, and a child's IFSP or IEP team, and 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 deaf or
hard-of-hearing child in becoming linguistically ready for
kindergarten using one or both of the dual languages of ASL and
English. The bill would require the department, on or before January
1, 2017, to develop specific action plans and regulations to fully
implement the language benchmark assessment protocol and processes.
 
   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.  
   Existing law requires the Director of Food and Agriculture and the
commissioners of each county of the state, and their deputies and
inspectors, under the supervision and control of the director, to
enforce specified provisions governing the failure of food and
agricultural officers to carry out orders and directions of the
director, the enforcement of specified fruit, nut, and vegetable
standards, and the maintenance of state inspection stations.
 
   This bill would make nonsubstantive changes to these provisions,
including changing the reference from Director of Food and
Agriculture to the Secretary of Food and Agriculture. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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) (1) The department's Deaf and Hard of Hearing unit,
the California School for the Deaf, Fremont, and the California
School for the Deaf, Riverside, shall 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) (A) The language benchmarks shall be selected from the
language benchmarks recommended by the advisory committee pursuant to
subdivision (c), and shall be used by a child's individualized
family service plan (IFSP) team or individualized education program
(IEP) team, as applicable, to assess the progress of the child's
language development using one or both of the dual languages of
American Sign Language (ASL) and English, which shall be reported to
the department.
   (B) On or before March 1, 2016, the department shall provide the
advisory committee with a list of existing language benchmarks from
existing standardized norms, along with any relevant information held
by the department regarding those language benchmarks.
   (C) On or before June 1, 2016, the advisory committee shall
recommend language benchmarks for selection pursuant to subdivision
(a).
   (D) On or before June 30, 2016, the department shall inform the
advisory committee of which language benchmarks were selected.
   (3) The department shall 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.
   (b) (1) If a child does not demonstrate progress in expressive and
receptive language skills according to the applicable language
benchmarks, the child's IFSP team or IEP team, as applicable, shall
explain in detail the reasons why the child is not meeting the
benchmarks or progressing towards the age-appropriate benchmark, and
shall recommend specific strategies, services, and programs that
shall be provided to assist the child's success toward English
literacy.
   (2) The department shall disseminate the overall goals for the
language benchmarks to the parents or guardians of deaf or
hard-of-hearing children, and a child's IFSP or IEP team, and shall
provide materials and training to ensure appropriate language growth
as part of the child's existing IFSP or IEP in order to assist the
deaf or hard-of-hearing child in becoming linguistically ready for
kindergarten using one or both of the dual languages of ASL and
English.
   (c) (1) The Superintendent shall 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.
   (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 public 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 English only.
   (G) One curriculum and instructional specialist in ASL and
English.
   (H) One curriculum and instructional specialist in English only.
   (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 English only.
   (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 professional from the dual languages of ASL and English.
   (M) One professional from English only, with or without the use of
visual supplements.
   (d) The department shall, on or before January 1, 2017, develop
specific action plans and regulations to fully implement the language
benchmark assessment protocol and processes.
   (e) For purposes of this section, "English" includes spoken
English, written English, or English with the use of visual
supplements. 
   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.  
  SECTION 1.    Section 42651 of the Food and
Agricultural Code is amended to read:
   42651.  The secretary and the commissioners of each county of the
state, and their deputies and inspectors, under the supervision and
control of the secretary shall enforce this division. 

  SEC. 2.    Section 42652 of the Food and
Agricultural Code is amended to read:
   42652.  The refusal of any officer who is authorized under this
division to carry out the orders and directions of the secretary in
the enforcement of this division is neglect of duty. However, the
failure of any such officer to carry out those orders and directions
shall not be neglect of duty if funds necessary to carry out those
orders and directions are not provided.  
  SEC. 3.    Section 42653 of the Food and
Agricultural Code is amended to read:
   42653.  The secretary, through the chief of the branch of the
department that has jurisdiction over the enforcement of this
division, or any deputy, inspector, or agent of the department, may
enforce and make inspections of grade, standard of quality, and other
provisions of any fruit, nut, or vegetable marketing program that is
adopted under the authority of the United States or of this state.
 
  SEC. 4.    Section 42654 of the Food and
Agricultural Code is amended to read:
   42654.  The secretary may maintain state inspection stations at
those places as he or she deems necessary for the purpose of
enforcing the standardization provisions of this code.