Amended  IN  Senate  March 28, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1113

Introduced by Senator Ochoa Bogh
(Coauthor: Senator Nielsen)
(Coauthors: Assembly Members Chen, Gallagher, Cristina Garcia, and Lackey)

February 16, 2022

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, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1113, as amended, Ochoa Bogh. Special education: inclusive education: 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. 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 June 30, 2023, to form a workgroup for purposes of proposing the revision of standards and performance expectations for greater preparation for inclusion, with a focus on, among other things, universal design for learning (UDL), as defined. The bill would require the workgroup, on or before June 30, 2024, to make specified recommendations to the commission. The bill would require the commission to create preconditions for commission accreditation for administrator preparation programs that require faculty in general education candidate instruction to be trained in, among other things, UDL.
The bill would require the State Department of Education, in consultation with the commission, on or before January 1, 2024, 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 January 1, 2024, to submit a report to the Legislature on recommendations for statutory or regulatory changes necessary to eliminate barriers to the staffing of inclusive placements. The bill would appropriate $500,000 from the General Fund for these purposes.
The bill would also require the department to produce a comprehensive guidebook and video modules related to inclusive practices, as provided. The bill would require the guidebook to be completed and distributed to all local educational agencies no later than June 30, 2024. The bill would appropriate $2,000,000 from the General Fund to the department for purposes of developing the guidebook and video modules. The bill would require the department to establish and provide grants to system improvement leads of special education local plan areas and the Supporting Inclusive Practices project for purposes of certain purposes, including, among other things, identifying model sites that can both exemplify and teach essential elements of inclusive education, as provided. The bill would appropriate $85,000,000 from the General Fund to the department for this grant program.
Existing law establishes in state government the Instructional Quality Commission to study courses of study in the schools and make recommendations to the State Board of Education regarding the adoption of minimum standards for courses of study, as provided.
This bill would require the department, on or before June 30, 2024, to train members of the commission on the principles and strategies of UDL. The bill would require the commission to assess the extent to which instructional materials submitted for state adoption use UDL principles and strategies.
Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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, promote the development of instructional materials that promote inclusive practices, and ensure a comprehensive guidebook on inclusive practices is produced and disseminated among all California educators, families, family empowerment centers, and related instructional programming that is used for training purposes, including requirements established by the Commission on Teacher Credentialing, teacher and administrator preparation programs, state, county, and special education local plan area ongoing professional development offerings, and state-funded technical assistance provider offerings.
(c) Establish a definition for universal design for learning.
(d) Require the identification and funding of model sites that can both exemplify and teach essential elements of inclusive education, with sites selected to represent regions and sectors of California’s educational system, including rural or urban geographical sections of the state, and traditional and charter schools.
(e) Seek to establish supports necessary to realize a vision of 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.

 The Legislature finds and declares all of the following:
(a) This act is necessary for all of the following reasons:
(1) All California pupils deserve an education worthy of their potential. For too long, this education has been out of reach for many pupils with disabilities.
(2) Research shows that inclusion in general education classrooms improves academic and social outcomes for pupils with disabilities. When educated in inclusive classrooms, pupils with disabilities achieve higher academic performance, exhibit greater social competence, form more meaningful friendships, exhibit less disruptive behaviors, demonstrate improved communication and literacy skills, and have improved post-high school outcomes in the areas of employment and independent living.
(3) Inclusion benefits pupils without disabilities, too. Pupils without disabilities make comparable or greater gains in math and reading when learning alongside their peers with disabilities. They also benefit in nonacademic ways, including increased awareness and tolerance of differences, growth in social cognition, improvements in self-concept, and greater empathy.
(4) A significant challenge in the implementation of inclusive practices is the lack of support, resources, and clear guidance for teachers and staff. Implementing inclusion requires teachers and administrators to have the knowledge, resources, and support necessary to effectively teach all pupils.
(5) The Statewide Task Force on Special Education report from 2015 notes that, “the application of Universal Design for Learning in all of its inclusive implications sets the foundation for a coherent system of education that provides instruction, services, and supports to pupils as they are needed,” and recommends that California ensure that “Universal Design for Learning is understood, is established as a key area of professional learning for educator training, and is implemented in all schools. When the Instructional Quality Commission reviewed instructional materials for its mathematics adoption in 2013, its evaluation criteria included a requirement that “materials incorporate instructional strategies to address the needs of pupils with disabilities in both lessons and teacher’s editions, as appropriate, at every grade level and course level,” as required by current law. The evaluation criteria include a section on “universal access” but do not specifically reference universal design for learning.
(6) An inclusive classroom is one where pupils with disabilities are not merely present but are meaningfully participating as members of the school community.
(b) The Legislature further finds and declares all of the following:
(1) Every pupil needing special education services in kindergarten through 22 years of age is covered by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) as amended, and its implementing regulations (34 C.F.R. 300 et seq.). This federal law states that every child with disabilities is entitled to a free and appropriate education, with special education services delivered in the least restrictive environment possible as determined by the pupil’s individualized education program (IEP) team, and must be provided with specially designed instruction according to each pupils’s IEP.
(2) A large body of research shows that inclusive classroom environments where pupils with disabilities are included in general education classrooms and less restrictive environments benefit pupils both with and without disabilities, and that for pupils with disabilities in particular, greater inclusion brings improvements in pupil academic achievement, engagement, behavior, communication, social skills, and self-esteem.
(3) Despite federal and state guidelines making sure pupils with disabilities receive an outcomes-focused education resulting in college and career success, many pupils with disabilities and their families are being left behind in California.
(4) For the 2017–18 school year, California had one of the lowest inclusion rates in the country; 56 percent compared to a national average of 63.4 percent, ranking California at 40th out of 47 states on this measure.
(5) In 2019, 333 local educational agencies were identified for differentiated assistance; over one-half of these school districts, 187, were mandated for assistance, at least in part, because pupils with disabilities in the school district were performing poorly, particularly in the state priority areas of pupil achievement and pupil engagement.
(6) Moreover, in California, for every 1000 pupils, 66 pupils with disabilities are suspended compared to 30 pupils without disabilities.
(7) Educator preparation programs in California are required to include instruction on special education inclusive practice, laws, and regulations for general education teacher candidates, but this requirement is minimal and it is implemented unevenly in many teacher training programs, creating great variability among educators on the knowledge of federal and state laws regarding special education and best practices for inclusive classrooms.
(8) Many general education faculty in educator preparation programs have not had direct instruction or experience in inclusive education practices, which inhibits comprehensive understanding by the credentialing candidates of these practices.
(c) It is the intent of the Legislature that all educators, including paraeducators, special services providers, principals, and administrators should be mentored and evaluated on efficacy of delivery of inclusive practices of special education laws and requirements and effective special education practices, specifically including, but not limited to, inclusive learning environments, as part of the preservice training requirements for the issuing of general education teacher and administrator credentials, and that the teaching of special education laws and effective special education practices should be required for all teacher candidates in California’s educator preparation programs. General education faculty in institutions of higher education and other California educator preparation programs must be trained in this area.

SEC. 3.

 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) “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; 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 learning engagement.

56194.6.
 (a) On or before June 30, 2023, the commission shall form a workgroup for purposes of proposing the revision of standards and performance expectations for greater preparation for inclusion with a focus on inclusive learning environments, UDL, multitiered system of supports strategies (MTSS), effects of mindsets, culture, and the promotion of equitable environments. The workgroup shall recommend to the commission, on or before June 30, 2024, that new program standards for administrative services credential candidates be developed by the commission that provide each administrative services credential candidate an overview of the Americans with Disabilities Act (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) The commission shall create preconditions for commission accreditation for all administrator preparation programs that require faculty in general education candidate instruction to be trained in UDL, MTSS, coteaching, the history of disability and justice, and other evidence-based 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, in consultation with the commission, shall on or before January 1, 2024, 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 January 1, 2024, the department, in consultation with the commission, shall 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 January 1, 2028.
(c) For purposes of establishing positions in the department for these purposes and developing the joint guidance, the sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the department.

56194.8.
 (a) The department shall produce a comprehensive guidebook and video modules related to inclusive practices and promotion of equity between schools based on the research on effective practices and related areas. The guidebook and video modules shall include all of the following:
(1) Guidance for teachers, paraeducators, early childhood educators, administrators, parents, and related service providers in all educational settings on UDL principles and strategies as a part of core instruction, collaboration between general education and special education teachers to plan and deliver instruction and assessment, and systemic practices such as multitiered systems of support and schoolwide positive behavioral interventions and supports. The video modules shall be of model instruction in evidence-based inclusive practices, such as UDL, developed to provide asynchronous training for teachers, administrators, and other staff.
(2) An established definition of other inclusive practices, which shall include scientifically valid framework rooted in access and equity for guiding educational practice that reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all pupils, including pupils with disabilities, pupils with limited English proficiency, and other marginalized groups that are part of the disability community, including groups based on race, language, income level, gender, and sexual orientation, among others.
(b) The guidebook shall be completed and distributed to all local educational agencies no later than June 30, 2024.
(c) The sum of two million dollars ($2,000,000) is hereby appropriated from the General Fund to the department for purposes of developing the guidebook and video models described in this section.

56194.9.
 (a) The department shall establish and provide grants to the system improvement leads of the special education local plan areas and the Supporting Inclusive Practices project for purposes of identifying all of the following purposes:
(1) (A) The identification of model sites that can both exemplify and teach essential elements of inclusive education. The
(B) The model sites shall be selected to represent various aspects of California’s educational system, including representation from all geographic regions, urban and rural settings, and traditional and charter schools.
(2) The funding of the model sites to provide technical assistance to other schools and local educational agencies.
(3) (A) The funding of the improvement leads of special education local plan areas to provide root cause analysis to identify barriers to the implementation of inclusive practices.
(B) The improvement leads shall conduct root cause analysis to identify barriers to inclusion for specific local educational agencies. The Supporting Inclusive Practices project shall conduct technical assistance to develop local educational agency capacity for implementation of inclusive practices.
(4) The funding of the Supporting Inclusive Practices project to provide systemic training to local educational agencies and schools that have participated in the analysis described in subparagraph (B) of paragraph (3).
(b) For purposes of the grant program described in subdivision (a), the sum of eighty-five million dollars ($85,000,000) is appropriated from the General Fund to the department. Funds appropriated to the department for the purposes of this section shall be available for encumbrance by the department until January 1, 2028.

56194.10.
 On or before June 30, 2023, the department shall train the members of the Instructional Quality Commission on the principles and strategies of UDL. Following the training, the Instructional Quality Commission shall assess the extent to which instructional materials submitted for state adoption use UDL principles and strategies.