California Assembly Bill AB2785 Amended / Bill

 BILL NUMBER: AB 2785AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 27, 2016 AMENDED IN ASSEMBLY APRIL 7, 2016 AMENDED IN ASSEMBLY MARCH 17, 2016 INTRODUCED BY Assembly Member O'Donnell FEBRUARY 19, 2016 An act to add Section 56305 to the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGEST AB 2785, as amended, O'Donnell. Special education: English learners: manual. Existing law requires local educational agencies to actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. This bill would require the State Department of Education, on or before July 1, 2018, to develop a manual providing guidance to local educational agencies on  identifying   identifying, assessing,  and supporting English learners who  may  qualify for special education services, as specified, with the goal of providing  state guidance to educators on the identification   guidance, for voluntary use by local educational agencies, including charter schools, on evidence-based and promising practices for the identification, assessment,  and support of English learners  with   who may have  disabilities and to promote a collaborative approach among  general education  teachers,  special education teachers,  school administrators, other personnel, and parents in determining the most appropriate academic placements and  supports   services  for these pupils.  The bill would require the department to post the manual on its Internet Web site and on its professional development Internet Web site.  In developing the manual, the bill would require the department to review manuals  and other resources  produced on this topic by  other states   local educational agencies, special education administrators, other organizations, other states, and the federal government,  and to establish and consult with a stakeholder group comprised of specified experts and practitioners. As part of implementing these provisions, the bill would require the department, with input from the stakeholder group, to develop a plan for dissemination of the manual and providing professional development  for staff at schoolsites and administrators of local educational agencies  on the content of the manual, as specified, and would require the department to submit the plan to the State Board of Education, the Department of Finance, the Legislative Analyst's Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special   Education,  and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. The bill would state the intent of the Legislature that its provisions be funded with federal funds, to the extent permissible. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) There are approximately 1.4 million English learners in California public schools, representing 22 percent of the state's enrollment. Some of these English learners are also pupils  with disabilities.   who qualify for special education services.  (b) The accurate identification of English learners  for   who qualify for  special education  services,  and the determination of  the best academic placement   appropriate services  for these  pupils   pupils,  is in the interest of pupils, families, educators, local educational agencies, and the state. (c) The identification of English learners  for   who qualify for  special education  services  involves complex and interrelated processes, and educators would benefit from state guidance on how best to identify these pupils. (d) Educators would also benefit from state guidance about how to support the learning needs of English learners  with disabilities.  who qualify for special education services.  (e) Other states have provided their educators with such guidance through manuals on  the topic of English learners and special education. The federal government recommends that states develop guidance for educators on this topic. (f) California, which enrolls one in every three English learners in the country,  and 35 percent of all English learners who receive special education services in the United States,  should provide such guidance for its educators in the form of a manual and professional development on  identifying   identifying, assessing,  and serving English learners  with disabilities.   who qualify for special education services.  SEC. 2. Section 56305 is added to the Education Code, to read: 56305. (a) On or before July 1, 2018, the department shall develop a manual providing guidance to local educational agencies on  identifying   identifying, assessing,  and supporting English learners who  may  qualify for special education services. (b) The goal of the manual shall be to provide  state guidance to educators on the identification   guidance, for voluntary use by local educational agencies, including charter schools, on evidence-based and promising practices for the iden   tification, assessment,  and support of English learners  with   who may have  disabilities and to promote a collaborative approach among  general education  teachers,  special education teachers,  school administrators, other personnel, and parents in determining the most appropriate academic placements and  supports   services  for these pupils. (c) In developing the manual, the department shall do both of the following: (1) Review manuals  and other resources  produced on this topic by  other states.   local educational agencies, special education administrators, other organizations, other states, and the federal government.  (2) Establish and consult with a stakeholder group comprised of experts and practitioners. These individuals shall have expertise or experience in either special education, English learner education, or in both. (d) The manual shall include all of the following topics: (1) Guidance for accurately identifying English learners  with   who may have  disabilities, including guidance on avoiding the over-identification and under-identification of these  pupils.   pupils for special education services and in different disability categories and in different grade spans.  (2) Information on second language acquisition and  progress.   progress, including guidance on distinguishing between language acquisition and disabilities. (3)  A sample   Examples of  prereferral  or intervention program.   strategies, early interventions, and early intervening strategies specifically addressing the needs of English   learners, including examples of early interventions for pupils in preschool and the primary grades who are acquiring foundational language and literacy skills.  (4) Guidance on referral processes. (5) Guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations for both language and  disability.   disability, including assessment accommodations in primary languages.   (6) Guidance on the consideration of extrinsic factors, such as vision and health, in the identification of pupils.   (6)   (7)  Guidance on the development of individualized education programs for English  learners.   learners, including the composition of individualized education program teams.   (7)   (8)  Guidance on how to support the language and content learning needs of English learners  with   who may have  disabilities, including how to do so in  inclusive settings.   the least restrictive environment, as described in Section 56040.1.   (9) Guidance regarding placement or continued placement in bilingual programs and on providing services and instruction in primary languages.   (10) Guidance on special education exit and English learner reclassification processes for English learners with disabilities.   (8)   (11)  Information on the role of culture and  acculturation.   acculturation, to the extent it is related to the process of identifying English learners for special education services.   (9)   (12)  Guidance for working with families, including guidance on meeting the needs of nonnative English  speakers   speaking parents, guardians, and educational rights holders  in special education proceedings.  (10) A sample plan   (13)     Examples of any plans or processes used by local educational agencies  for continuous evaluation and systemic review, including guidance on tracking effectiveness and sharing information between special education and English learner programs within local educational agencies, to the extent permitted under state and federal law.  (11) Laws and regulations   (14)     State and federal law   , regulations, and guidance  related to the rights of English learners and pupils with disabilities.  (e) All guidance in the manual shall be consistent with state and federal law, regulations, and guidance regarding English learners and special education.   (e)   (f)  The manual shall be written for ease of use by  educators and shall include   educators. The department is encouraged to incorporate  graphic organizers and other helpful features such as flowcharts, checklists, sample forms, and case examples.  (g) The department shall post the manual on its Internet Web site and on its professional development Internet Web site.   (h) For purposes of this section, the following terms have the following meanings:   (1) "English learners" includes pupils who have been classified as English learners and those who may later be classified as English learners.   (2) "Pupils with disabilities" includes pupils who have been or may be identified as individuals with exceptional needs, as defined in Section 56026, including pupils who have been or may be identified as having a low incidence disability, as defined in Section 56026.5, or a severe disability, as defined in Section 56030.5.   (f)   (i)  (1) In implementing this section, the department, with input from the stakeholder group, shall develop a plan for dissemination of the manual and providing professional development  for staff at schoolsites and administrators of local educational agencies  on the content of the manual. The plan shall address how  the state and  local educational agencies can collaborate  with the department  in meeting both of these objectives. (2) The plan shall be submitted to the state board, the Department of Finance, the Legislative Analyst's Office,  the California Collaborative for Educational Excellence,   the Advisory Commission on Special Education,  and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018.  (g)   (j)  It is the intent of the Legislature that this section be funded with federal funds, to the extent permissible.