Bill Text: CA AB1938 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1938

CA State Legislature page for AB1938

Bill Title: Special education: inclusion and universal design for learning.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2024-08-15 - From committee: Do pass. (Ayes 7. Noes 0.) (August 15). [AB1938 Detail]

Download: California-2023-AB1938-Amended.html

Amended IN Assembly April 29, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1938

Introduced by Assembly Member Gallagher
(Coauthor: Senator Ochoa Bogh)

January 29, 2024

An act to add Section 56040.6 to the Education Code, relating to special education.

LEGISLATIVE COUNSEL'S DIGEST

AB 1938, as amended, Gallagher. Special education: ~~inclusive practices and strategies.~~ inclusion and universal design for learning.

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.

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 local program.
This bill would require a school district, county office of education, and charter school, when implementing inclusion and universal design for learning initiatives, to consider specified things with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, for the determination of the least restrictive environment, as provided. The bill would require individualized family service plan teams and individualized education program teams, when determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, to consider the language needs of the pupil, as provided, and to review the full continuum of placements and services available to the pupil. By imposing additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. The bill would require the State Department of Education, on or before July 1, 2025, to communicate these requirements to all school districts, county offices of education, and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, the special education local plan areas, the California School for the Deaf, and the California School for the Blind of these provisions.

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.

Section 56040.6 is added to the Education Code, to read:

56040.6.
(a) When implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency and a charter school shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (a) of Section 56326.5, for the determination of the least restrictive environment:
(1) The legislative findings and declarations in subdivision (b) of Section 56000.5.
(2) The importance of taking into consideration the legislative findings and declarations in subdivision (b) of Section 56000.5 when determining the least restrictive environment for a pupil who is deaf, hard of hearing, or deaf-blind.
(3) Section 300.114(a)(2)(ii) of Title 34 of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(4) Section 300.324(a)(2)(iv) of Title 34 of the Code of Federal Regulations, and paragraph (4) of subdivision (b) of Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode.
(5) Section 300.324(a)(2)(iii) of Title 34 of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil.
(6) Federal guidance, which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil.
(7) Federal guidance, which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs.
(8) Subdivision (c) of Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program.
(9) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals who can check to ensure that any design and implementation of inclusion and universal design for learning initiatives are in alignment with the existing laws and requirements when serving deaf, hard of hearing, or deaf-blind infants, toddlers, and pupils.
(10) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, and ensuring that their rights and preferences are a central part of the decisionmaking process, by including all of the following:
(A) Considering a pupil’s language development as specified in Section 56326.5.
(B) Considering a pupil’s academic progress.
(C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences.
(D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program.
(b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following:
(1) Consider the language needs, as described in paragraph (2) of subdivision (a) of Section 56326.5, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of Section 56341.1 and the findings and declarations in Section 56000.5.
(2) Review the full continuum of placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic, nonsectarian school or an agency certified by the state, and the California School for the Deaf.
(c) The department shall, on or before July 1, 2025, communicate the requirements of this section to all local educational agencies and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section.
(d) 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.
(e) For purposes of this section, “local educational agency” means a school district or county office of education.

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 56040.6 is added to the Education Code, to read:
56040.6.
(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 that 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) of Chapter 2.
(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. 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.