BILL NUMBER: SB 210 CHAPTERED
BILL TEXT
CHAPTER 652
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY AUGUST 28, 2015
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, Galgiani. Special education: deaf and hard-of-hearing
children: language developmental milestones.
(1) Existing law provides that the Superintendent of Public
Instruction may authorize the California School for the 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 state's 2 schools for the deaf to
jointly select language developmental milestones from existing
standardized norms for purposes of 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
developmental milestones to be selected from the language
developmental milestones recommended by an ad hoc advisory committee,
which the bill would establish, as provided. The bill would require
the parent resource to, among other things, make clear that it 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 select existing
tools or assessments 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 tools
or assessments 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, if a child does not demonstrate progress in
expressive and receptive language skills, as measured by one of the
selected educator tools or assessments, or by the existing instrument
used to satisfy federal law, require the child's IFSP or IEP team,
as applicable, to explain in detail the reasons why the child is not
meeting the language developmental milestones or progressing towards
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 developmental milestones to
parents and guardians of deaf or hard-of-hearing children, and,
pursuant to federal law, to disseminate the selected educator tools
and assessments to local educational agencies for use in the
development and modification of IFSP and IEP plans, and to provide
materials and training 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 American Sign
Language and English.
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 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.
(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.
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) The department's Deaf and Hard of Hearing unit and
the California School for the Deaf shall jointly select language
developmental milestones from existing standardized norms, pursuant
to the process specified in subdivision (d), for purposes of
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:
(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 select existing tools or assessments
for educators that can be used to assess the language and literacy
development of deaf and hard-of-hearing children. These educator
tools or assessments:
(1) Shall be in a format that shows stages of language
development.
(2) Shall be selected 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 selected from existing instruments or assessments
used to assess the development of all children from birth to five
years of age, inclusive.
(4) Shall be appropriate, in both content and administration, for
use with deaf and hard-of-hearing children.
(5) 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.
(6) 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 tools and assessments selected
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
one of the educator tools or assessments selected pursuant to
subdivision (b), or by 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.
(d) (1) On or before March 1, 2017, the department shall provide
the advisory committee established pursuant to subdivision (e) with a
list of existing language developmental milestones from existing
standardized norms, along with any relevant information held by the
department regarding those language 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.
(2) On or before June 1, 2017, the advisory committee shall
recommend language developmental milestones for selection pursuant to
subdivision (a).
(3) On or before June 30, 2017, the department shall inform the
advisory committee of which language developmental milestones were
selected.
(e) (1) The Superintendent shall establish an ad hoc advisory
committee for purposes of soliciting input from experts on the
selection of language 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, for inclusion in the parent
resource developed pursuant to subdivision (a). The advisory
committee may also make recommendations on the selection and
administration of the educator tools or assessments selected 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.
(i) 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.
(j) This section shall apply only to children from birth to five
years of age, inclusive.
(k) 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.