Amended  IN  Assembly  September 01, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 354

Introduced by Senator Ochoa Bogh

February 08, 2023

An act to add Article 8 (commencing with Section 56194.5) to Chapter 2 of Part 30 of Division 4 of Title 2 of the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


SB 354, as amended, Ochoa Bogh. Special education: inclusive education: universal design for learning: inclusive practices.
Existing law finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs. Existing law provides that it is the intent of the Legislature that education programs are provided under an approved local plan for special education, as provided. Existing law further provides that it is the intent of the Legislature that appropriate qualified staff are employed, consistent with credential requirements, to fulfill the responsibilities of the local plan. Existing law establishes in state government the Commission on Teacher Credentialing and requires it to adopt standards for the issuance of teaching credentials, as provided.
This bill would require the commission, on or before January 1, June 30, 2025, to revise its administrative services credential standards and performance expectations to include and strengthen preparation for inclusion, with a focus on, among other things, universal design for learning (UDL), as defined. The bill would require administrator preparation programs to ensure faculty are prepared in, among other things, UDL and inclusive practices, as defined.
Contingent upon an appropriation, the bill would require the State Department of Education, in consultation with the commission, on or before March 31, 2025, 2027, to develop and disseminate joint guidance clarifying the ways in which inclusive classrooms and placements may be staffed under current law, as provided. The bill would require the department, in consultation with the commission, on or before March 31, 2025, 2026, to submit a report to the Legislature on recommendations for statutory or regulatory changes necessary to eliminate barriers to the staffing of inclusive placements.
This bill would require, for children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes to mean placement in settings that provide full access to language and specialized services, as provided. The bill would require any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting to ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities, as provided. To the extent that this bill would require a new duty of a local educational agency, the bill would impose a state-mandated program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of this act that all of the following are achieved:
(a) Improve outcomes for pupils with disabilities by providing support necessary to implement meaningful, evidence-based, inclusive practices in California schools.
(b) Require appropriate teacher and administrator preparation be designed for all learners, address barriers that make inclusion difficult to implement, and promote the development of instructional materials that promote inclusive practices.
(c) Establish a definition for universal design for learning and inclusive practices.
(d) Seek to establish supports necessary to achieve schools in which all pupils’ potential is fully realized, including, but not limited to, effects of mindsets, culture, and the promotion of environments free from ableism.

SEC. 2.

 Article 8 (commencing with Section 56194.5) is added to Chapter 2 of Part 30 of Division 4 of Title 2 of the Education Code, to read:
Article  8. Inclusive Education and Universal Design for Learning

56194.5.
 For purposes of this article, the following definitions apply:
(a) “Commission” means the Commission on Teacher Credentialing.
(b) “Inclusive practices” means evidence-based approaches to education based on a proactive design of learning environments, social-emotional supports, and instruction to address learner variability and identified barriers. Inclusive practices includes the structural, professional development and leadership drivers that recognize and value the diversity of all pupils, and equip support staff, teachers, and administrators with the knowledge and resources to provide effective instruction to diverse learners. Inclusive practices ensure the active engagement of all pupils in their school community in every aspect of pupil life.
(c) “Universal design for learning” or “UDL” means a coherent system of education that provides instruction, services, and supports to pupils as they are needed, as well as professional learning for educator training. UDL also means a set of principles for designing learning opportunities that provide all pupils equal opportunities to learn. These principles include all of the following:
(1) Multiple means of representation, using a variety of methods to present information, providing a range of means to support pupils.
(2) Multiple means of action and expression to provide learners with alternative ways to act skillfully and demonstrate what they know.
(3) Multiple means of engagement to tap into learners’ interests by offering choices of content and tools, thereby motivating learners by offering adjustable levels of challenge, including varied and flexible ways to present or access information, concepts, and ideas; plan and execute learning tasks; and increase engagement in learning.

56194.6.
 (a) On or before January 1, June 30, 2025, the commission shall revise its administrative services credential standards and performance expectations to include and strengthen preparation for inclusion with a focus on inclusive learning environments, UDL, multi-tiered system of supports (MTSS), effects of mindsets, culture, and the promotion of equitable environments that includes, but is not limited to, an overview of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.), as amended, and its implementing regulations; Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), as amended, and its implementing regulations; the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), as amended, and its implementing regulations; individualized education programs; child find requirements under applicable law; and effective general education inclusive classroom practices.
(b) Administrator preparation programs shall ensure faculty are prepared in inclusive practices, UDL, MTSS, coteaching, the history of disability and justice, and other evidence-based and high-leverage practices. The faculty in these programs shall be encouraged to work directly with local educational agencies implementing model inclusion practices to link instruction to practice within general education classrooms.

56194.7.
 (a) The department, upon an appropriation made by the Legislature for these purposes, and in consultation with the commission, shall on or before March 31, 2025, 2027, develop and disseminate joint guidance clarifying the ways in which inclusive classrooms and placements may be staffed under current law. The joint guidance shall include all of the following:
(1) Guidance on staffing of inclusive classrooms, including those in which coteaching is used for instruction.
(2) Guidance on staffing of case management of pupils with disabilities, including ways of reducing the administrative burden on special education teachers so that they may focus more on instruction of pupils and collaboration with general education teachers.
(3) Guidance for teacher, early childhood educator, and administrator preparation programs emphasizing general and special educator competencies for collaboratively delivering instruction and assessment to all pupils, including pupils with disabilities.
(4) Guidance on providing related services in the general education setting.
(5) Recommendations relating to state laws and regulations that produce obstacles to inclusion and whether those laws should be amended or repealed.
(b) (1) On or before March 31, 2025, the The department, upon an appropriation by the Legislature for these purposes, and in consultation with the commission, shall shall, on or before March 31, 2026, submit a report to the appropriate fiscal and policy committees of the Legislature on recommendations for statutory or regulatory changes necessary to eliminate barriers to the staffing of inclusive placements.
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on March 31, 2029. 2030.

56194.8.
 (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 and who specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, “full access to language and specialized services” means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.
(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190).
(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.

SEC. 3.

 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.