Bill Text: CA SB1113 | 2021-2022 | Regular Session | Amended
Bill Title: Special education: inclusive education: universal design for learning.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Vetoed) 2022-09-29 - In Senate. Consideration of Governor's veto pending. [SB1113 Detail]
Download: California-2021-SB1113-Amended.html
Amended
IN
Assembly
August 23, 2022 |
Amended
IN
Assembly
August 15, 2022 |
Amended
IN
Assembly
June 06, 2022 |
Amended
IN
Senate
May 19, 2022 |
Amended
IN
Senate
April 19, 2022 |
Amended
IN
Senate
March 28, 2022 |
Amended
IN
Senate
March 16, 2022 |
Introduced by Senator Ochoa Bogh (Principal coauthor: Senator Rubio) (Coauthor: Senator Nielsen) (Coauthors: Assembly Members Aguiar-Curry, Chen, Megan Dahle, Gallagher, Cristina Garcia, and Lackey) |
February 16, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would also require the department, contingent upon an appropriation, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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:(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)
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 pupil’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 1,000 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.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:56194.6.
(a) On or before January 1, 2024, 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, multitiered system of supports strategies (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.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, 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:(a)The department, contingent upon an appropriation made by the Legislature for these purposes, 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.