Bill Text: CA SB210 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Special education: deaf and hard-of-hearing children: language developmental milestones.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 652, Statutes of 2015. [SB210 Detail]

Download: California-2015-SB210-Amended.html

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BILL NUMBER: SB 210	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2015
	AMENDED IN SENATE  APRIL 20, 2015
	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 11, 2015

   An act to add Section 56326.5 to the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 210, as amended, Galgiani. Special education: deaf and
hard-of-hearing children: language benchmarks.
   Existing law provides that the Superintendent of Public
Instruction may authorize the California School for the Deaf to
establish and maintain a testing center for deaf and hard-of-hearing
minors. Existing law provides that the purpose of the center shall be
to test hearing acuity and to give such other tests as may be
necessary for advising parents and school authorities concerning an
appropriate educational program for the child. Existing law
authorizes a pupil to be referred, as appropriate, to the California
School for the Deaf, among other places, for further assessment and
recommendations.
   This bill would require the State Department of Education's Deaf
and Hard of Hearing unit, and the department's deaf education
resource centers located in Fremont and Riverside, to jointly select
language benchmarks from existing standardized norms for purposes of
monitoring and tracking deaf and hard-of-hearing children's
expressive and receptive language acquisition and developmental
stages toward English literacy. The bill would require the language
benchmarks to be selected from the language benchmarks recommended by
an ad hoc advisory committee, which the bill would establish, as
provided, and would require the language benchmarks to be used by a
child's individualized family service plan (IFSP) team or
individualized education program (IEP) team, as applicable, to assess
the progress of the child's language development using both or one
of the languages of American Sign Language (ASL) and English, which
would be required to be reported to the  department. To the
extent using the language benchmarks would impose  
department by the child's IFSP team or IEP team. By imposing 
additional duties on local educational agency officials, the bill
would impose a state-mandated local program.
   The bill would require, if a child does not demonstrate progress
in expressive and receptive language skills according to the
applicable language benchmarks, the child's IFSP team or IEP team, as
applicable, to explain in detail the reasons why the child is not
meeting the benchmarks or progressing towards the age-appropriate
benchmark, and to recommend specific strategies, services, and
programs that would be provided to assist the child's success toward
English literacy. To the extent this  provision  would
impose additional duties on local educational agency officials, the
bill would impose a state-mandated local program. The bill also would
require the department to disseminate the language benchmarks to a
child's IFSP or IEP team, including parents and guardians of deaf or
hard-of-hearing children, and to provide materials and training to
ensure appropriate language growth as part of the child's existing
IFSP or IEP in order to assist the deaf or hard-of-hearing child in
becoming linguistically ready for kindergarten using both or one of
the languages of ASL and English. The bill would require the
department, on or before January 1, 2017, to develop specific action
plans and regulations to fully implement the language benchmark
assessment protocol and processes. 
   The bill would make these provisions applicable only to children
from birth to 5 years of age, inclusive. 
   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56326.5 is added to the Education Code, to
read:
   56326.5.  (a) (1) The department's Deaf and Hard of Hearing unit,
and the department's deaf education resource centers located in
Fremont and Riverside, shall jointly select language benchmarks from
existing standardized norms for purposes of monitoring and tracking
deaf and hard-of-hearing children's expressive and receptive language
acquisition and developmental stages toward English literacy.
   (2) (A) The language benchmarks shall be selected from the
language benchmarks recommended by the advisory committee pursuant to
subdivision (d), and shall be used by a child's individualized
family service plan (IFSP) team or individualized education program
(IEP) team, as applicable, to assess the progress of the child's
language development using both or one of the languages of American
Sign Language (ASL) and English, which shall be reported to the
 department.   department by the child's IFSP
team or IEP team. 
   (B) On or before March 1, 2016, the department shall provide the
advisory committee with a list of existing language benchmarks from
existing standardized norms, along with any relevant information held
by the department regarding those language benchmarks.
   (C) On or before June 1, 2016, the advisory committee shall
recommend language benchmarks for selection pursuant to paragraph
(1).
   (D) On or before June 30, 2016, the department shall inform the
advisory committee of which language benchmarks were selected.
   (3) The department shall track development stages that are
equivalent to a child's linguistically age-appropriate peers who are
not deaf or hard of hearing, with the goal of assisting children who
are deaf or hard of hearing to become kindergarten-ready.
   (b) For purposes of this section, "English" includes spoken
English, written English, or English with the use of visual
supplements.
   (c) (1) If a child does not demonstrate progress in expressive and
receptive language skills according to the applicable language
benchmarks, the child's IFSP team or IEP team, as applicable, shall
explain in detail the reasons why the child is not meeting the
benchmarks or progressing towards the age-appropriate benchmark, and
shall recommend specific strategies, services, and programs that
shall be provided to assist the child's success toward English
literacy.
   (2) The department shall disseminate the language benchmarks to a
child's IFSP or IEP team, including parents and guardians of deaf or
hard-of-hearing children, and shall provide materials and training to
ensure appropriate language growth as part of the child's existing
IFSP or IEP in order to assist the deaf or hard-of-hearing child in
becoming linguistically ready for kindergarten using both or one of
the languages of ASL and English.
   (d) (1) The Superintendent shall establish an ad hoc advisory
committee for purposes of soliciting input from experts on the
selection of language benchmarks for children who are deaf or hard of
hearing that are equivalent to those for children who are not deaf
or hard of hearing.
   (2) The advisory committee shall consist of 13 volunteers, the
majority of whom shall be deaf or hard of hearing, and all of whom
shall be within the field of education for the deaf and hard of
hearing. The advisory committee shall include all of the following:
   (A) One parent of a child who is deaf or hard of hearing who uses
the dual languages of ASL and English.
   (B) One parent of a child who is deaf or hard of hearing who uses
only spoken English, with or without visual supplements.
   (C) One credentialed teacher of deaf and hard-of-hearing pupils
who use the dual languages of ASL and English.
   (D) One credentialed teacher of deaf and hard-of-hearing pupils
from a state certified nonpublic, nonsectarian school.
   (E) One expert who researches language outcomes for deaf and
hard-of-hearing children using ASL and English.
   (F) One expert who researches language outcomes for deaf and
hard-of-hearing children using spoken English, with or without visual
supplements.
   (G) One credentialed teacher of deaf and hard-of-hearing pupils
whose expertise is in curriculum and instruction in ASL and English.
   (H) One credentialed teacher of deaf and hard-of-hearing pupils
whose expertise is in curriculum and instruction in spoken English,
with or without visual supplements.
   (I) One advocate for the teaching and use of the dual languages of
ASL and English.
   (J) One advocate for the teaching and use of spoken English, with
or without visual supplements.
   (K) One early intervention specialist who works with deaf and
hard-of-hearing infants and toddlers using the dual languages of ASL
and English.
   (L) One professional from the dual languages of ASL and English.
   (M) One professional from spoken English, with or without the use
of visual supplements.
   (e) The department shall, on or before January 1, 2017, develop
specific action plans and regulations to fully implement the language
benchmark assessment protocol and processes. 
   (f) This section shall apply only to children from birth to five
years of age, inclusive. 
  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.