California Assembly Bill AB412 Amended / Bill

 BILL NUMBER: AB 412AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 4, 2016 AMENDED IN ASSEMBLY APRIL 13, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Chvez 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, Chvez.  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.