Bill Text: CA AB412 | 2015-2016 | Regular Session | Amended
Bill Title: Special education: nonverbal pupils.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB412 Detail]
Download: California-2015-AB412-Amended.html
BILL NUMBER: AB 412 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Ch�vez
FEBRUARY 19, 2015
An act to amend Section 51210 56000.5
of the Education Code, relating to pupil instruction.
special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 412, as amended, Ch�vez. Pupil instruction: required
courses of study: physical education complaint procedure.
Special education: nonverbal pupils.
Existing law makes certain findings and declarations relating to
the education of hard-of-hearing and deaf pupils.
This bill would revise those findings and declarations to include
nonverbal pupils.
Existing law requires the adopted course of study for grades 1 to
6, inclusive, to include certain areas of study, including, among
others, English, mathematics, social sciences, science, and physical
education, as specified. Existing law requires that physical
education have a total period of time of not less than 200 minutes
each 10 schooldays, as provided.
This bill would authorize a complaint that a school district or
county superintendent of schools has not complied with the physical
education requirements of the adopted course of study for grades 1 to
6, inclusive, to be filed with the school district or county
superintendent of schools pursuant to the local complaint procedures,
if any, or the Uniform Complaint Procedures, as specified. The bill
would authorize a complainant not satisfied with the school district'
s or county superintendent of schools decision to file an appeal with
the Superintendent of Public Instruction. If a school district or
county superintendent of schools finds merit in the complaint, or the
Superintendent finds merit in the appeal, the bill would require the
school district or county superintendent of schools to provide a
remedy, as provided. To the extent this bill would impose additional
duties on school districts or county education officials, the bill
would impose a state-mandated local program. The bill would prohibit
specified civil actions against a school district or county
superintendent of schools relating to noncompliance with the physical
education requirements unless the complainant first follows local
complaint procedures, if any, or the Uniform Complaint Procedures, if
no local complaint procedures exist.
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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56000.5 of the
Education Code is amended to read:
56000.5. (a) The Legislature finds and declares that:
(1) Pupils with low-incidence disabilities, as a group, make up
less than 1 percent of the total statewide enrollment for
kindergarten through grade 12.
(2) Pupils with low-incidence disabilities require highly
specialized services, equipment, and materials.
(b) The Legislature further finds and declares that:
(1) Deafness involves the most basic of human needs--the ability
to communicate with other human beings. Many hard-of-hearing
and deaf hard-of-hearing , deaf, and
nonverbal children use an appropriate communication mode, sign
language, which may be their primary language, while others express
and receive language orally and aurally, with or without visual signs
or cues. Still others, typically young hard-of-hearing and
deaf hard-of-hearing , deaf, and nonverbal
children, lack any significant language skills. It is essential
for the well-being and growth of hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children that educational programs recognize the unique nature of
deafness and ensure that all hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children have appropriate, ongoing, and fully accessible educational
opportunities.
(2) It is essential that hard-of-hearing and deaf
hard-of-hearing, deaf, and nonverbal
children, like all children, have an education in which their unique
communication mode is respected, utilized, and developed to an
appropriate level of proficiency.
(3) It is essential that hard-of-hearing and deaf
hard-of-hearing, deaf, and nonverbal children
have an education in which special education teachers, psychologists,
speech therapists, assessors, administrators, and other special
education personnel understand the unique nature of deafness and are
specifically trained to work with hard-of-hearing and deaf
hard-of-hearing, deaf, and nonverbal pupils. It
is essential that hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal children have
an education in which their special education teachers are proficient
in the primary language mode of those children.
(4) It is essential that hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children, like all children, have an education with a sufficient
number of language mode peers with whom they can communicate directly
and who are of the same, or approximately the same, age and ability
level.
(5) It is essential that hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children have an education in which their parents and, where
appropriate, hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
people are involved in determining the extent, content, and purpose
of programs.
(6) Hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children would benefit from an education in which they are exposed to
hard-of-hearing and deaf hard-of-hearing
, deaf, and nonverbal role models.
(7) It is essential that hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children, like all children, have programs in which they have direct
and appropriate access to all components of the educational process,
including, but not limited to, recess, lunch, and extracurricular
social and athletic activities.
(8) It is essential that hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal
children, like all children, have programs in which their unique
vocational needs are provided for, including appropriate research,
curricula, programs, staff, and outreach.
(9) Each hard-of-hearing and deaf
hard-of-hearing , deaf, and nonverbal child should
have a determination of the least restrictive educational environment
that takes into consideration these legislative findings and
declarations.
(10) Given their unique communication needs,
hard-of-hearing and deaf hard-of-hearing ,
deaf, and nonverbal children would benefit from the development
and implementation of regional programs for children with
low-incidence disabilities.
SECTION 1. Section 51210 of the Education Code
is amended to read:
51210. (a) The adopted course of study for grades 1 to 6,
inclusive, shall include instruction, beginning in grade 1 and
continuing through grade 6, in the following areas of study:
(1) English, including knowledge of, and appreciation for
literature and the language, as well as the skills of speaking,
reading, listening, spelling, handwriting, and composition.
(2) Mathematics, including concepts, operational skills, and
problem solving.
(3) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America; the development of the American economic system, including
the role of the entrepreneur and labor; the relations of persons to
their human and natural environment; eastern and western cultures and
civilizations; contemporary issues; and the wise use of natural
resources.
(4) Science, including the biological and physical aspects, with
emphasis on the processes of experimental inquiry and on the place of
humans in ecological systems.
(5) Visual and performing arts, including instruction in the
subjects of dance, music, theater, and visual arts, aimed at the
development of aesthetic appreciation and the skills of creative
expression.
(6) Health, including instruction in the principles and practices
of individual, family, and community health.
(7) Physical education, with emphasis upon the physical activities
for the pupils that may be conducive to health and vigor of body and
mind, for a total period of time of not less than 200 minutes each
10 schooldays, exclusive of recesses and the lunch period.
(8) Other studies that may be prescribed by the governing board.
(b) (1) A complaint that a school district or county
superintendent of schools has not complied with the physical
education requirements of paragraph (7) of subdivision (a) may be
filed with a school district or county superintendent of schools
pursuant to the local complaint procedures, if any, or the Uniform
Complaint Procedures set forth in Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(2) A complainant not satisfied with the decision of the school
district or county superintendent of schools may appeal the decision
to the Superintendent and shall receive a written appeal decision
within 60 days of the Superintendent's receipt of the appeal.
(3) If a school district or county superintendent of schools finds
merit in a complaint filed pursuant to this subdivision, or if the
Superintendent finds merit in an appeal made pursuant to paragraph
(2), the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.
(4) A private right of action or civil action shall not be brought
against a school district or county superintendent of schools
relating to noncompliance with the physical education requirements of
paragraph (7) of subdivision (a) unless the complainant first
follows the local complaint procedures, if any, or the Uniform
Complaint Procedures, pursuant to Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, if no local complaint procedures exist.
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.
