SB 210: Special education: deaf and hard-of-hearing children: language developmental milestones.

(1)Existing law provides that the Superintendent of Public Instruction may authorize the California School for the Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, 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 Educations Deaf and Hard of Hearing unit and the states 2 schools for the deaf to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing childrens expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language developmental milestones to be selected from the language developmental milestones recommended by an ad hoc advisory committee, which the bill would establish, as provided. The bill would require the parent resource to, among other things, make clear that it is not a formal assessment of language and literacy development, and that a parents observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their childs development.

The bill would require the department to also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tools or assessments to be used, in addition to the assessment required by federal law, by the childs IFSP or IEP team, as applicable, to track deaf and hard-of-hearing childrens progress, and to establish or modify IFSP or IEP plans.

The bill would, if a child does not demonstrate progress in expressive and receptive language skills, as measured by one of the selected educator tools or assessments, or by the existing instrument used to satisfy federal law, require the childs IFSP or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and to recommend specific strategies, services, and programs that would be provided to assist the childs 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 developmental milestones to parents and guardians of deaf or hard-of-hearing children, and, pursuant to federal law, to disseminate the selected educator tools and assessments to local educational agencies for use in the development and modification of IFSP and IEP plans, and to provide materials and training on its use to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of American Sign Language and English.

The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site.

The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute.

(2)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.