CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1938Introduced by Assembly Member Gallagher(Coauthor: Senator Ochoa Bogh)January 29, 2024 An act to add Section 56040.6 to the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 1938, as introduced, Gallagher. Special education: inclusive practices and strategies.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. This bill would require, for children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes to mean placement in settings that provide full access to language and specialized services, as provided. The bill would require any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting to ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities, as provided. To the extent that this bill would require a new duty of a local educational agency, the bill would impose a state-mandated local program. 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56040.6 is added to the Education Code, to read:56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1938Introduced by Assembly Member Gallagher(Coauthor: Senator Ochoa Bogh)January 29, 2024 An act to add Section 56040.6 to the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 1938, as introduced, Gallagher. Special education: inclusive practices and strategies.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. This bill would require, for children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes to mean placement in settings that provide full access to language and specialized services, as provided. The bill would require any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting to ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities, as provided. To the extent that this bill would require a new duty of a local educational agency, the bill would impose a state-mandated local program. 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1938
Introduced by Assembly Member Gallagher(Coauthor: Senator Ochoa Bogh)January 29, 2024
Introduced by Assembly Member Gallagher(Coauthor: Senator Ochoa Bogh)
January 29, 2024
An act to add Section 56040.6 to the Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1938, as introduced, Gallagher. Special education: inclusive practices and strategies.
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. This bill would require, for children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes to mean placement in settings that provide full access to language and specialized services, as provided. The bill would require any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting to ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities, as provided. To the extent that this bill would require a new duty of a local educational agency, the bill would impose a state-mandated local program. 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 the statutory provisions noted above.
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.
This bill would require, for children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes to mean placement in settings that provide full access to language and specialized services, as provided. The bill would require any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting to ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities, as provided. To the extent that this bill would require a new duty of a local educational agency, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 56040.6 is added to the Education Code, to read:56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 56040.6 is added to the Education Code, to read:56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
SECTION 1. Section 56040.6 is added to the Education Code, to read:
### SECTION 1.
56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
56040.6. (a) For children who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, inclusive practices and strategies to improve pupil outcomes shall mean placement in settings that provide full access to language and specialized services. Placement settings that provide full access to language and specialized services for deaf, hard of hearing, blind, visually impaired, or deaf-blind children shall be considered by the team implementing the individualized education program or family service plan to serve as the least restrictive environment for the child. For purposes of this section, the least restrictive environment may include, but not necessarily be limited to, the California Schools for the Deaf, the California School for the Blind, or nonprofit organizations, including, but not limited to, nonpublic, nonsectarian schools or agencies certified pursuant to Section 56366.1 that specialize in serving deaf, hard of hearing, blind, visually impaired, or deaf-blind infants and children. For purposes of this section, full access to language and specialized services means a level of access consistent with the findings and declarations in subdivision (b) of Section 56000.5.
(b) In implementing this section, any discussion of deaf, hard of hearing, blind, visually impaired, or deaf-blind pupils in the local educational agency setting, including for generalization trainings or universal design for learning, shall ensure the input and participation of the deaf, hard of hearing, blind, visually impaired, or deaf-blind communities through the community advisory committees, established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(c) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program teams determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
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.
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.
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.
### SEC. 2.