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 ASSEMBLY  JULY 16, 2015
	AMENDED IN ASSEMBLY  JULY 1, 2015
	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  MAY 6, 2015
	AMENDED IN SENATE  APRIL 20, 2015
	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 11, 2015

   An act to add Section 56326.5 to the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 210, as amended, Galgiani. Special education: deaf and
hard-of-hearing children: language  benchmarks. 
 developmental milestones.  
   Existing 
    (1)     Existing  law provides that
the Superintendent of Public Instruction may authorize the California
School for the  Deaf   Deaf, which is composed
of two schools, the California School for the Deaf, Northern
California, and the California School for the Deaf, Southern
California,  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, and the  department's deaf
education resource centers located in Fremont and Riverside,
  state's 2 schools for the deaf,  to jointly
select language  benchmarks   developmental
milestones  from existing standardized norms for purposes of
 monitoring and tracking   developing a resource
  for use by parents to monitor and track  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  
developmental milestones  to be selected from the language
 benchmarks  developmental milestones 
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 both or one of the languages of American Sign
Language (ASL) and English, which would be required to be reported to
the department by the child's IFSP team or IEP team. By imposing
additional duties on local educational agency officials, the bill
would impose a state-mandated local program.   provided.
The bill would require the parent resource to, among other things,
make clear that the parent resource is not a formal assessment of
language and literacy   development, and that a parent's
observations of their children may differ from formal assessment data
presented at an individualized family service plan (IFSP) or
individualized education program (IEP) meeting, but to also make
clear that a parent may bring the parent resource to an IFSP or IEP
meeting for purposes of sharing their observations about their child'
s development.  
   The bill would require the department to also develop a version of
an existing tool for educators that can be used to assess the
language and literacy development of deaf and hard-of-hearing
children, as specified. The bill would authorize the educator tool to
be used, in addition to the assessment required by federal law, by
the child's IFSP or IEP team, as applicable, to track deaf and
hard-of-hearing children's progress, and to establish or modify IFSP
or IEP plans. 
   The bill would require, if a child does not demonstrate progress
in expressive and receptive language  skills according to the
applicable language benchmarks,   skills, as measured
by the educator tool or the existing instrument used to satisfy f
  ederal law,  the child's IFSP  team 
or IEP team, as applicable, to explain in detail the reasons why the
child is not meeting the  benchmarks   language
developmental milestones  or progressing towards  the
age-appropriate benchmark,   them,  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 provision 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 language  benchmarks  
developmental milestones  to  a child's IFSP or IEP
team, including  parents and guardians of deaf or
hard-of-hearing children,  and, pursuant to federal law, to
disseminate the educator tool to local educational agencies for use
in the development and modification of IFSP and IEP plans,  and
to provide materials and training  to ensure appropriate
language growth as part of the child's existing IFSP or IEP in order
  on its use  to assist the deaf or hard-of-hearing
child in becoming linguistically ready for kindergarten using both
or one of the languages of ASL and English.  The 
    The bill would require the department, commencing on or
before July 31, 2017, and on or before each July 31 thereafter, to
produce a report that is specific to language and literacy
development of deaf and hard-of-hearing children from birth to 5
years of age, inclusive, including those who are deaf or hard of
hearing and have other disabilities, relative to their peers who are
not deaf or hard of hearing, as specified. The bill would require the
department to make the report available on its Internet Web site.
The  bill  also  would require the department, on or
before January 1, 2018, to develop specific action plans and
regulations to fully implement the  language benchmark
assessment protocol and processes.   provisions of the
bill. 
   The bill would make these provisions applicable only to children
from birth to 5 years of age, inclusive. The bill also would provide
that implementation of these provisions is subject to an
appropriation being made for these purposes in the annual Budget Act
or another statute. 
   The 
    (2)     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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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, and the 
department's deaf education resource centers located in Fremont and
Riverside,   California School for the Deaf,  shall
jointly select language  benchmarks  
developmental milestones  from existing standardized 
norms   norms, pursuant to the process specified in
subdivision (d),  for purposes of  monitoring and
tracking   developing a resource for use by parents to
monitor and track  deaf and hard-of-hearing children's
expressive and receptive language acquisition and developmental
stages toward English literacy. This parent resource shall: 

   (2) (A) The language benchmarks shall be selected from the
language benchmarks recommended by the advisory committee pursuant to
subdivision (d), 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 both or one of the languages of American
Sign Language (ASL) and English, which shall be reported to the
department by the child's IFSP team or IEP team.  
   (1) Include the language developmental milestones selected
pursuant to the process specified in subdivision (d).  
   (2) Be appropriate for use, in both content and administration,
with 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 (ASL) and English. For purposes of this section, "English"
includes spoken English, written English, or English with the use of
visual supplements.  
   (3) Present the developmental milestones in terms of typical
development of all children, by age range.  
   (4) Be written for clarity and ease of use by parents.  
   (5) Be aligned to the department's existing infant, toddler, and
preschool guidelines, the existing instrument used to assess the
development of children with disabilities pursuant to federal law,
and state standards in English language arts.  
   (6) Make clear that the parent resource is not a formal assessment
of language and literacy development, and that a parent's
observations of their children may differ from formal assessment data
presented at an individualized family service plan (IFSP) or
individualized education program (IEP) meeting.  
   (7) Make clear that a parent may bring the parent resource to an
IFSP or IEP meeting for purposes of sharing their observations about
their child's development.  
   (b) The department shall also develop a version of an existing
tool for educators that can be used to assess the language and
literacy development of deaf and hard-of-hearing children. This
educator tool:  
   (1) Shall be in a standardized format that shows stages of
language development.  
   (2) Shall be developed for use by educators to track the
development of deaf and hard-of-hearing children's expressive and
receptive language acquisition and developmental stages toward
English literacy.  
   (3) Shall be a version of an existing instrument used to assess
the development of all children for measuring the development of
children with disabilities from birth to five year of age, inclusive.
 
   (4) Shall present language and literacy development in terms of
age-referenced readiness zones.  
   (5) Shall be appropriate, in both content and administration, for
use with deaf and hard-of-hearing children. 
   (6) May be used, in addition to the assessment required by federal
law, by the child's IFSP or IEP team, as applicable, to track deaf
and hard-of-hearing children's progress, and to establish or modify
IFSP or IEP plans.  
   (7) May reflect the recommendations of the advisory committee
established pursuant to subdivision (e).  
   (c) (1) The department shall disseminate the parent resource
developed pursuant to subdivision (a) to parents and guardians of
deaf and hard-of-hearing children, and, pursuant to federal law,
shall disseminate the educator tool developed pursuant to subdivision
(b) to local educational agencies for use in the development and
modification of IFSP and IEP plans, and shall provide materials and
training on its use, to assist deaf and hard-of-hearing children in
becoming linguistically ready for kindergarten using both or one of
the languages of ASL and English.  
   (2) If a deaf or hard-of-hearing child does not demonstrate
progress in expressive and receptive language skills, as measured by
the educator tool developed pursuant to subdivision (b) or the
existing instrument used to assess the development of children with
disabilities pursuant to federal law, the child's IFSP or IEP team,
as applicable, shall, as part of the process required by federal law,
explain in detail the reasons why the child is not meeting the
language developmental milestones or progressing towards them, and
shall recommend specific strategies, services, and programs that
shall be provided to assist the child's success toward English
literacy.  
   (B) 
    (d)    (1)  On or before March 1,
2016, the department shall provide the advisory committee 
established pursuant to subdivision (e)  with a list of existing
language  benchmarks   developmental milestones
 from existing standardized norms, along with any relevant
information held by the department regarding those language 
benchmarks.   developmental milestones for possible
inclusion in the parent resource developed pursuant to subdivision
(a). These language developmental milestones shall be aligned to the
department's existing infant, toddler, and preschool guidelines, the
existing instrument used to assess the development of children with
disabilities pursuant to federal law, and the state standards in
English language arts. 
   (C) 
    (2)  On or before June 1, 2016, the advisory committee
shall recommend language  benchmarks  
developmental milestones  for selection pursuant to 
paragraph (1).   subdivision (a).  
   (D) 
    (3)  On or before June 30, 2016, the department shall
inform the advisory committee of which language  benchmarks
  developmental milestones  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) For purposes of this section, "English" includes spoken
English, written English, or English with the use of visual
supplements.  
   (c) (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 language benchmarks to a
child's IFSP or IEP team, including parents and guardians of deaf or
hard-of-hearing children, 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 both or one of
the languages of ASL and English.  
   (d) 
    (e)  (1) The Superintendent shall establish an ad hoc
advisory committee for purposes of soliciting input from experts on
the selection of language  benchmarks  
developmental milestones  for children who are deaf or hard of
hearing that are equivalent to those for children who are not deaf or
hard of  hearing.   hearing, for inclusion in
the parent resource developed pursuant to subdivision (a). The
advisory committee may also make recommendations on the design and
administration of the educator tool developed pursuant to subdivision
(b). 
   (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 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.
   (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.
   (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 credentialed teacher of deaf and hard-of-hearing pupils
whose expertise is in ASL and English language assessment.
   (M) One speech pathologist from spoken English, with or without
the use of visual supplements. 
   (f) The advisory committee established pursuant to subdivision (e)
may 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, as
used to assess deaf and hard-of-hearing children's language and
literacy development to ensure the appropriate use of that instrument
with those children, and may make recommendations regarding future
research to improve the measurement of progress of deaf and
hard-of-hearing children in language and literacy.  
   (g) Commencing on or before July 31, 2017, and on or before each
July 31 thereafter, the department shall annually produce a report,
using existing data reported in compliance with the federally
required state performance plan on pupils with disabilities, that is
specific to language and literacy development of deaf and
hard-of-hearing children from birth to five years of age, inclusive,
including those who are deaf or hard of hearing and have other
disabilities, relative to their peers who are not deaf or hard of
hearing. The department shall make this report available on its
Internet Web site.  
   (h) All activities of the department in implementing this section
shall be consistent with federal law regarding the education of
children with disabilities and federal law regarding the privacy of
pupil information.  
   (e) 
    (i)  The department shall, on or before January 1, 2018,
develop specific action plans and regulations to fully implement
 the language benchmark assessment protocol and processes.
  this section.  
   (j) For the purpose of this section, the term "language
developmental milestones" means milestones of development aligned
with the existing state instrument used to meet the requirements of
federal law for the assessment of children from birth to five years
of age, inclusive.  
   (f) 
    (k)  This section shall apply only to children from
birth to five years of age, inclusive. 
   (g) 
    (l)  Implementation of this section is subject to an
appropriation being made for purposes of this section in the annual
Budget Act or another statute.
  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.