Bill Text: CA SB445 | 2023-2024 | Regular Session | Amended

California Senate Bill 445 (Prior Session Legislation)

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

Bill Title: Special education: standardized individualized education program template: translation.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State. Chapter 906, Statutes of 2024. [SB445 Detail]

Download: California-2023-SB445-Amended.html

Amended IN Assembly June 27, 2024

Amended IN Assembly June 13, 2024

Amended IN Senate May 18, 2023

Amended IN Senate March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 445

Introduced by Senator Portantino
(Principal coauthor: Senator Wilk)
(Coauthors: Assembly Members Boerner, Davies, and Lackey)

February 13, 2023

An act to add Section 56348 to the Education Code, relating to special education.

LEGISLATIVE COUNSEL'S DIGEST

SB 445, as amended, Portantino. Special education: individualized education programs: guidance for translation services.

Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent of the individual with exceptional needs understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English.

Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and assigns to the department numerous responsibilities relating to the governance of the public elementary and secondary schools in the state.

This bill would require the department to, no later than July 1, 2025, develop and issue guidance advising school districts, county offices of education, and charter schools on best practices in translating a pupil’s individualized education program written documents into the native language of a parent who is limited in English proficiency, as provided. The bill would require the department, in developing the guidance, to, among other things, consult with relevant stakeholders and no later than April 1, 2025, convene a workgroup ~~with relevant special education advocacy organizations, as specified.~~ with, among others, parents who are limited in English proficiency and have children with an individualized education program. The bill would require the guidance to include, among other things, a recommendation that local educational agencies translate specified documents within 30 calendar days of certain meetings or within 30 calendar days of a later request of a parent who is limited in English proficiency. The bill would require the department to post the completed guidance as an informational resource page on its internet website. The bill would require the department to, no later than 6 months after the forthcoming statewide IEP template is developed by the California Collaborative for Excellence in Education, translate that template into the top 10 most commonly spoken languages used across the state other than English and make those templates available on its internet website, as provided.

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

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

SECTION 1.

Section 56348 is added to the Education Code, to read:

56348.

(a) The department shall do all of the following:

(1) (A) No later than July 1, 2025, develop and issue guidance advising local educational agencies on best practices in translating a pupil’s individualized education program (IEP) written documents into the native language of a Limited English Proficient (LEP) parent.

(B) In developing the guidance pursuant to subparagraph (A), do all of the following:

(i) Ensure the guidance on written translation is consistent with federal law, including, but not limited to, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d et seq.), and the federal Equal Educational Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.).

(ii) Review local plans submitted by special education local plan areas, specifically for existing ~~guidance~~ practices on the translation of IEP documents.

(iii) Consult with relevant stakeholders, including, but not limited to, administrators, special education teachers, and LEP parents whose child has an IEP.

(iv) No later than April 1, 2025, convene a workgroup to review and provide input on the guidance as it is being developed that includes, but is not limited to, all of the ~~following relevant special education advocacy organizations:~~ following:

~~(I)Disability Rights California, a protection and advocacy organization for people with disabilities.~~
~~(II)Innovate Public Schools.~~
~~(III)Educate. Advocate.~~
(I) Organizations representing LEP parents of children that have an IEP.
(II) Organizations that protect and advocate for pupils with disabilities and the families of those pupils.
(III) Representatives of local educational agencies, including teachers of pupils with IEPs and administrators.
(IV) LEP parents of children that have an IEP.

(i) Information that explains the responsibility of a local educational agency to, pursuant to subdivision (j) of Section 56341.5, Section 3040 of Title 5 of the California Code of Regulations, and Section 300.322(f) of Title 34 of the Code of Federal Regulations, provide written translated copies of certain IEP documents into the native language of an LEP parent of a pupil with exceptional needs, at no cost to the LEP parent.

(ii) A recommendation to, upon a LEP parent’s request, translate the following documents within 30 calendar days of the IEP team meeting, or within 30 calendar days of a later request by the LEP parent, into the native language of the LEP parent, or into another mode of communication used by the LEP parent, such as an agreed upon preferred language specified by the LEP parent:

(I) The pupil’s drafted IEP, as described in Section 56345, before the IEP team meeting.

(II) The pupil’s completed IEP, as described in Section 56345, and any revisions to the pupil’s IEP.

(III) Documents required to be translated pursuant to Section 3040 of Title 5 of the California Code of Regulations, or any successor regulation.

(IV) Any evaluation, assessment, ~~progress data,~~ or other document used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.

(V) ~~Other~~ To the extent that these documents are vital to parents understanding their children’s education placement, progress, and recommendations from the local educational agency, other vital written materials associated with an IEP, including, but not limited to, parent notification of an IEP meeting, parent notification of IEP meeting recommendations, notice of procedural safeguards for parents of pupils with disabilities, parent consent for initial evaluation, parent consent for reevaluation, evaluation reports, eligibility determination, manifestation determination review documents, IEP progress reports, prior written notice, and Medicaid consent forms.

(iii) A recommendation to notify parents, in writing, before each IEP meeting, of their right to request the translation of specified IEP documents outlined in clause (ii), how to request translated documents, and who to contact if the parent has questions or complaints about the translated documents. The written notice shall be encouraged to be provided in English, common languages, and in the parent’s preferred language, if known and practicable.

(iv) (I) A recommendation for the use of qualified translators, regardless of whether the individual is an employee of the local educational agency or is an outside vendor or contractor, and the recommended criteria for meeting the definition of a qualified translator, including, at a minimum, that a qualified translator meets all of the following criteria:

(ia) Is proficient and literate in English and the non-English language to be used.

(ib) Has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations.

(ic) Has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.

(id) Has undergone sufficient professional training to adequately utilize and translate special education terminology.

(II) A recommended process that local educational agencies can follow to find qualified vendors for translating services, including any certifications that may signify the vendor has qualified translators.

(v) A recommendation that if a local educational agency provides an interim computer-generated translated IEP document, it should not extend the recommended timeline pursuant to clause (ii) for completing an official translation by a qualified translator.

(vi) A recommendation that local educational agencies track data related to the need for translation services during the IEP process, including, but not limited to, all of the following:

(I) The total number of IEPs involving pupils with LEP parents, disaggregated by language.

(II) The total number of translation requests from LEP parents for IEPs and related documents, disaggregated by language.

(III) The total number of translations of IEPs and related documents completed annually, disaggregated by language.

(2) After the completion of the guidance developed pursuant to paragraph (1), post the guidance as an informational resource page on its internet website, review and, if necessary, update, the information on the resource page, as often as needed, but at a minimum every two years, and shall notify local educational agencies and other relevant stakeholders when an update is made.

(3) (A) No later than six months after the forthcoming statewide IEP template is developed by the California Collaborative for Excellence in Education, translate the template into the top 10 most commonly spoken languages used across the state other than English and make those templates available on its internet website.

(B) Notify local educational agencies and other relevant stakeholders that the IEP template, including all translated templates, are available on its internet website and via other methods of dissemination upon request.

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

(1) “Limited English Proficient” or “LEP” means an individual who is limited in their English proficiency on account of their national origin, including, but not limited to, their ancestry, foreign birth, or home languages other than English.

(2) “Local educational agency” means a school district, county office of education, or charter school.

(3) “Native language” has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.

(4) “Parent” has the same meaning as defined in Section 56028.

(5) “Vital written materials” means, pursuant to the Statement of Interest filed by the United States Department of Justice and the United States Department of Education on June 4, 2016, a pupil’s ~~IEP,~~ IEP and other documents related to the pupil’s ~~IEP,~~ IEP and the pupil’s regular education ~~program.~~ program that are vital to parents understanding their children’s education placement, progress, and recommendations from the local educational agency.

(c) If any recommendations in the guidance developed pursuant to this section exceed the requirements of state or federal law or regulations, or federal guidance, that recommendation shall be considered a best practice and is not a mandate that exceeds the requirements of state or federal law or regulations, or federal guidance.
~~(c)~~

(d) Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.