SB 354: Special education: individualized education programs: translation services.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-04
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified. Existing law requires that a person who meets the definition of parent, except for a surrogate parent, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would instead require that a person who meets the definition of parent, including all categories of people included in that definition, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
The bill would instead require a local educational agency to take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The bill would require this action to include, as applicable, communicating in the native language of the parent, or in another mode of communication used by the parent, arranging for an interpreter, providing translation services, and providing alternative communication services, as specified. The bill would require a local educational agency, upon request by a pupils parent, to translate in the native language of the parent, or in another mode of communication used by the parent, the pupils completed individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting. The bill would require, for a parent whose native language is one of the 8 most commonly spoken languages, as provided, excluding English, in a local educational agency, that the completed individualized education program and any revisions to the individualized education program be translated within 30 calendar days of that meeting or within 30 calendar days of a later request. The bill would require the documents to be translated by a qualified translator, as defined. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law defines local educational agency to include, among others, a nonprofit charter school participating as a member of a special education local plan area.
The bill would revise the definition of local educational agency to include, among others, a charter school participating as a member of a special education local plan area. To the extent that this revision would impose duties on additional charter schools, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified. Existing law requires that a person who meets the definition of parent, except for a surrogate parent, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would instead require that a person who meets the definition of parent, including all categories of people included in that definition, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
The bill would instead require a local educational agency to take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The bill would require this action to include, as applicable, communicating in the native language of the parent, or in another mode of communication used by the parent, arranging for an interpreter, providing translation services, and providing alternative communication services, as specified. The bill would require a local educational agency, upon request by a pupils parent, to translate in the native language of the parent, or in another mode of communication used by the parent, the pupils completed individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting. The bill would require, for a parent whose native language is one of the 8 most commonly spoken languages, as provided, excluding English, in a local educational agency, that the completed individualized education program and any revisions to the individualized education program be translated within 30 calendar days of that meeting or within 30 calendar days of a later request. The bill would require the documents to be translated by a qualified translator, as defined. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law defines local educational agency to include, among others, a nonprofit charter school participating as a member of a special education local plan area.
The bill would revise the definition of local educational agency to include, among others, a charter school participating as a member of a special education local plan area. To the extent that this revision would impose duties on additional charter schools, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified. Existing law requires that a person who meets the definition of parent, except for a surrogate parent, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would instead require that a person who meets the definition of parent, including all categories of people included in that definition, be determined to be the parent for purposes of these provisions if there is a judicial decree or order identifying that person, as specified.
The bill would instead require a local educational agency to take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The bill would require a local educational agency to communicate this action to include, as applicable, communicating in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by arranging for an interpreter, providing translation services for a pupils parent, as specified. services, and providing alternative communication services, as specified. The bill would require the a local educational agency, if requested upon request by a pupils parent, to provide the parent with a copy translate in the native language of the parent of parent, or in another mode of communication used by the parent, the pupils completed individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting meeting. The bill would require, for a parent whose native language is one of the 8 most commonly spoken languages, excluding English, in a local educational agency, that the completed individualized education program and any revisions to the individualized education program be translated within 45 30 calendar days of that meeting or within 45 30 calendar days of a later request, except as otherwise determined by a consent decree. request. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would provide that these requirements apply only for the top 8 languages, other than English, in each school district, as determined by the State Department of Education and reported on DataQuest. defined. The bill would require the department State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires written notice to a parent of his or her rights in language easily understood by the general public and in the native language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible. This bill would instead require that notice to be given to a parent unless doing so creates an undue burden, as specified. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.Existing law defines local educational agency to include, among others, a nonprofit charter school participating as a member of a special education local plan area.
The bill would revise the definition of local educational agency to include, among others, a charter school participating as a member of a special education local plan area. To the extent that this revision would impose duties on additional charter schools, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would require a local educational agency to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by providing translation services for a pupils parent, as specified. The bill would require the local educational agency, if requested by a pupils parent, to provide the parent with a copy in the native language of the parent of the individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting within 45 days of that meeting or within 45 days of a later request, except as otherwise determined by a consent decree. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would provide that these requirements apply only for the top 8 languages, other than English, in each school district, as determined by the State Department of Education and reported on DataQuest. The bill would require the department to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires written notice to a parent of his or her rights in language easily understood by the general public and in the native language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible.
This bill would instead require that notice to be given to a parent unless doing so creates an undue burden, as specified. To the extent the bill would impose additional duties on local educational agency officials, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would require a local educational agency to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by providing translation services for a pupils parent, as specified. The bill would require the local educational agency, if requested by a pupils parent, to provide the parent with a copy in the native language of the parent of the individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting within 30 45 days of that meeting or within 30 45 days of a later request. request, except as otherwise determined by a consent decree. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would provide that these requirements apply only for the top 8 languages, other than English, in each school district, as determined by the State Department of Education and reported on DataQuest. The bill would require the State Department of Education department to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires written notice to a parent of his or her rights in language easily understood by the general public and in the native language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible.
This bill would instead require that notice to be given to a parent unless doing so creates an undue burden, as specified. To the extent the bill would impose additional duties on local educational agency officials, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would require a local educational agency to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by providing translation services for a pupils parent, as specified. The bill would require the local educational agency, if requested by a pupils parent, to provide the parent with a copy in the native language of the parent of the individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting within 30 days of that meeting or within 30 days of a later request. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires written notice to a parent of his or her rights in language easily understood by the general public and in the native language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible.
This bill would instead require that notice to be given to a parent unless doing so creates an undue burden, as specified. To the extent the bill would impose additional duties on local educational agency officials, 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 requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines parent for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the childs parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified.
This bill would revise the definition of parent to specify that it also includes the educational rights holder and the conservator of a child. The bill would require a local educational agency to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by providing translation services for a pupils parent, as specified. The bill would require the local educational agency, if requested by a pupils parent, to provide the parent with a copy in the native language of the parent of the individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting within 30 days of that meeting or within 30 days of a later request. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires written notice to a parent of his or her rights in language easily understood by the general public and in the native language of the parent or other mode of communication used by the parent, unless to do so is clearly not feasible.
This bill would instead require that notice to be given to a parent unless doing so creates an undue burden, as specified. To the extent the bill would impose additional duties on local educational agency officials, 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.
Local educational agency means a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.
SEC. 2.Section 56028 of the Education Code is amended to read:56028.(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (7), inclusive, of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 3.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 4.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The action required pursuant to this subdivision shall include, as applicable, communicating in the parents native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or in another mode of communication used by the parent, arranging for an interpreter for a parent with deafness or whose native language is a language other than English, providing translation services as required pursuant to Section 56348, and providing alternative communication services as required pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 5.Section 56348 is added to the Education Code, to read:56348.(a)(1)For purposes of this part, a local educational agency shall, upon the parents request, translate the following documents in the native language of the parent, or in another mode of communication used by the parent, as follows:
(A)The pupils completed individualized education program, as described in Section 56345, and any revisions to the pupils individualized education program.
(B)Any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education program that is discussed at an individualized education program team meeting.
(2)(A)For a parent whose native language is one of the eight most commonly spoken languages, excluding English, in a local educational agency, as determined by the department and reported through DataQuest or any successor system, the documents specified in subparagraph (A) of paragraph (1) shall be translated within 30 calendar days of the individualized education program team meeting, or within 30 calendar days of a later request by the parent. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as defined in Section 56021.1 and as specified in Section 56346, to part or all of the individualized education program.
(B)If the list of the eight most commonly spoken languages in a local educational agency includes an other category of multiple non-English languages, that category shall not be included in the top eight most commonly spoken languages for purposes of subparagraph (A).
(b)The documents required to be translated pursuant to this section and Section 3040 of Title 5 of the California Code of Regulations, or any successor regulation, shall be translated by a qualified translator.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as required by this section.
(d)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
(e)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 6.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.
Local educational agency means a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area.
SEC. 2.Section 56028 of the Education Code is amended to read:56028.(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (7), inclusive, of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 3.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 4.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The action required pursuant to this subdivision shall include, as applicable, communicating in the parents native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or in another mode of communication used by the parent, arranging for an interpreter for a parent with deafness or whose native language is a language other than English, providing translation services as required pursuant to Section 56348, and providing alternative communication services as required pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 5.Section 56348 is added to the Education Code, to read:56348.(a)(1)For purposes of this part, a local educational agency shall, upon the parents request, translate the following documents in the native language of the parent, or in another mode of communication used by the parent, as follows:
(A)The pupils completed individualized education program, as described in Section 56345, and any revisions to the pupils individualized education program.
(B)Any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education program that is discussed at an individualized education program team meeting.
(2)(A)For a parent whose native language is one of the eight most commonly spoken languages, excluding English, in a local educational agency, as determined by the department and reported through DataQuest or any successor system, the documents specified in subparagraph (A) of paragraph (1) shall be translated within 30 calendar days of the individualized education program team meeting, or within 30 calendar days of a later request by the parent. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as defined in Section 56021.1 and as specified in Section 56346, to part or all of the individualized education program.
(B)If the list of the eight most commonly spoken languages in a local educational agency includes an other category of multiple non-English languages, that category shall not be included in the top eight most commonly spoken languages for purposes of subparagraph (A).
(b)The documents required to be translated pursuant to this section and Section 3040 of Title 5 of the California Code of Regulations, or any successor regulation, shall be translated by a qualified translator.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as required by this section.
(d)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
(e)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 6.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.
Local educational agency means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, or a special education local plan area.
SECTION 1.SEC. 2.Section 56028 of the Education Code is amended to read:56028.(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (5), (7), inclusive, and (7) of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 2.SEC. 3.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 3.SEC. 4.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings at a meeting, including during the planning process for the individualized education program, including during the individualized education program team meeting. The action required pursuant to this subdivision shall include, as applicable, communicating in the parents native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or in another mode of communication used by the parent, arranging for an interpreter for a parent with deafness or whose native language is a language other than English. English, providing translation services as required pursuant to Section 56348, and providing alternative communication services as required pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 4.SEC. 5.Section 56348 is added to the Education Code, to read:56348.(a)(1)For purposes of this part, a local educational agency shall communicate shall, upon the parents request, translate the following documents in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, including during the individualized education program team meeting, and shall provide alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, including by providing translation services for a parent as follows:
(1)The local educational agency shall provide a pupils parent with a copy of the(A)The pupils completed individualized education program program, as described in Section 56345, and any revisions to the pupils individualized education program in the native language of the parent, or in another mode of communication used by the parent, within 45 days of the individualized education program team meeting, if requested by the pupils parent, except as otherwise determined by a consent decree, or within 45 days of a later request by the pupils parent, except as otherwise determined by a consent decree. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as specified in Sections 56021.1 and 56346, to part or all of an individualized education program.
(2)The local educational agency shall provide a pupils parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any(B)Any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education plan program that is discussed at an individualized education program team meeting within 45 days of the individualized education program team meeting, if requested by the pupils parent, except as otherwise determined by a consent decree. meeting.
(2)For a parent whose native language is one of the eight most commonly spoken languages, excluding English, in a local educational agency, as determined by the department and reported through DataQuest or any successor system, the documents specified in subparagraph (A) of paragraph (1) shall be translated within 30 calendar days of the individualized education program team meeting, or within 30 calendar days of a later request by the parent. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as defined in Section 56021.1 and as specified in Section 56346, to part or all of the individualized education program.
(b)The documents required to be translated pursuant to this section and Section 3040 of Title 5 of the California Code of Regulations, or any successor regulation, shall be translated by a qualified translator who is proficient in both the English language and the non-English language to be used. translator.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as authorized required by this section.
(d)The requirements of this section shall apply only for the top eight languages, other than English, in each school district, as determined by the department and reported on DataQuest.(e)(d)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who has met the testing or certification standards for outside or contract translators, is proficient in and literate in English and the non-English language to be used, and has the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, confidentiality, privacy, neutrality, accuracy, completeness, and transparency.
(f)(e)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 5.Section 56506 of the Education Code is amended to read:56506.In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent:(a)Written notice to the parent of his or her rights in language easily understood by the general public and in the native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, of the parent, or in another mode of communication used by the parent, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, unless doing so creates an undue hardship, as specified in Section 11162 of Title 2 of the California Code of Regulations or any successor regulation. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.(b)The right to initiate a referral of a child for special education services pursuant to Section 56303.(c)The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.(d)The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.(e)Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupils parent has failed to respond.(f)Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.(g)A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.SEC. 6.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.
REVISIONS: HeadingLine 2.(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (5), inclusive, and (7) of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 2.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 3.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is a language other than English.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 4.Section 56348 is added to the Education Code, to read:56348.(a)For purposes of this part, a local educational agency shall communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, including during the individualized education program team meeting, and shall provide alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, including by providing translation services for a parent as follows:
(1)The local educational agency shall provide a pupils parent with a copy of the pupils completed individualized education program and any revisions to the pupils individualized education program in the native language of the parent, or in another mode of communication used by the parent, within 45 days of the individualized education program team meeting, if requested by the pupils parent, except as otherwise determined by a consent decree, or within 45 days of a later request by the pupils parent, except as otherwise determined by a consent decree. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as specified in Sections 56021.1 and 56346, to part or all of an individualized education program.
(2)The local educational agency shall provide a pupils parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education plan that is discussed at an individualized education program team meeting within 45 days of the individualized education program team meeting, if requested by the pupils parent, except as otherwise determined by a consent decree.
(b)The documents required to be translated pursuant to this section shall be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as authorized by this section.
(d)The requirements of this section shall apply only for the top eight languages, other than English, in each school district, as determined by the department and reported on DataQuest.
(e)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency.
(f)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 5.Section 56506 of the Education Code is amended to read:56506.In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent:
(a)Written notice to the parent of his or her rights in language easily understood by the general public and in the native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, of the parent, or in another mode of communication used by the parent, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, unless doing so creates an undue hardship, as specified in Section 11162 of Title 2 of the California Code of Regulations or any successor regulation. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.
(b)The right to initiate a referral of a child for special education services pursuant to Section 56303.
(c)The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.
(d)The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.
(e)Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupils parent has failed to respond.
(f)Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.
(g)A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.
SEC. 6.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.
(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (5), inclusive, and (7) of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 2.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 3.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is a language other than English.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 4.Section 56348 is added to the Education Code, to read:56348.(a)For purposes of this part, a local educational agency shall communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, including during the individualized education program team meeting, and shall provide alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, including by providing translation services for a parent as follows:
(1)The local educational agency shall provide a pupils parent with a copy of the pupils completed individualized education program and any revisions to the pupils individualized education program in the native language of the parent, or in another mode of communication used by the parent, within 30 45 days of the individualized education program team meeting, if requested by the pupils parent, except as otherwise determined by a consent decree, or within 30 45 days of a later request by the pupils parent. parent, except as otherwise determined by a consent decree. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as specified in Sections 56021.1 and 56346, to part or all of an individualized education program.
(2)The local educational agency shall provide a pupils parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education plan that is discussed at an individualized education program team meeting within 30 45 days of the individualized education program team meeting, if requested by the pupils parent. parent, except as otherwise determined by a consent decree.
(b)The documents required to be translated pursuant to this section shall be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as authorized by this section.
(d)The requirements of this section shall apply only for the top eight languages, other than English, in each school district, as determined by the department and reported on DataQuest.
(d)(e)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency.
(e)(f)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 5.Section 56506 of the Education Code is amended to read:56506.In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent:
(a)Written notice to the parent of his or her rights in language easily understood by the general public and in the native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, of the parent, or in another mode of communication used by the parent, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, unless doing so creates an undue hardship, as specified in Section 11162 of Title 2 of the California Code of Regulations or any successor regulation. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.
(b)The right to initiate a referral of a child for special education services pursuant to Section 56303.
(c)The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.
(d)The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.
(e)Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupils parent has failed to respond.
(f)Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.
(g)A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.
SEC. 6.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.
(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code or one who is otherwise the educational rights holder for the child.
(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (5), inclusive, and (7) of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 2.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years of age or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 3.Section 56341.5 of the Education Code is amended to read:56341.5.(a)A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents of the individual with exceptional needs is present at each individualized education program meeting or is afforded the opportunity to participate.
(b)A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches the age of 16 years, 16 years of age, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f)The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent can attend the meeting, the local educational agency shall use other methods to ensure parent participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent in attendance if the local educational agency is unable to convince the parent that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is a language other than English.
(j)The local educational agency shall give the parent a copy of the individualized education program, at no cost to the parent, and as specified in Section 56348, if applicable.
SEC. 4.Section 56348 is added to the Education Code, to read:56348.(a)For purposes of this part, a local educational agency shall communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, including during the individualized education program team meeting, and shall provide alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, including by providing translation services for a parent as follows:
(1)The local educational agency shall provide a pupils parent with a copy of the pupils completed individualized education program and any revisions to the pupils individualized education program in the native language of the parent, or in another mode of communication used by the parent, within 30 days of the individualized education program team meeting, if requested by the pupils parent, or within 30 days of a later request by the pupils parent. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as specified in Sections 56021.1 and 56346, to part or all of an individualized education program.
(2)The local educational agency shall provide a pupils parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education plan that is discussed at an individualized education program team meeting within 30 days of the individualized education program team meeting, if requested by the pupils parent.
(b)The documents required to be translated pursuant to this section shall be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as authorized by this section.
(d)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency.
(e)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 5.Section 56506 of the Education Code is amended to read:56506.In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent:
(a)Written notice to the parent of his or her rights in language easily understood by the general public and in the native language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, of the parent, or in another mode of communication used by the parent, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, unless doing so creates an undue hardship, as specified in Section 98211 of Title 22 11162 of Title 2 of the California Code of Regulations or any successor regulation. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.
(b)The right to initiate a referral of a child for special education services pursuant to Section 56303.
(c)The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.
(d)The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.
(e)Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupils parent has failed to respond.
(f)Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.
(g)A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.
SEC. 6.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.
(a)Parent means any of the following:
(1)A biological or adoptive parent of a child.
(2)A foster parent if the authority of the biological or adoptive parents to make educational decisions on the childs behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3)A guardian generally authorized to act as the childs parent, or parent.
(4)A person authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code. Code or one who is otherwise the educational rights holder for the child.
(4)(5)An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the childs welfare.
(5)(6)A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(7)A conservator of a child.
(b)(1)Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2)If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), (5), inclusive, and (7) of subdivision (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the parent for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c)Parent does not include the state or any political subdivision of government.
(d)Parent does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(e)Parent or guardian, as used in this part, means parent as defined in this section.
SEC. 2.Section 56043 of the Education Code is amended to read:56043.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, provide consent or refuse to provide consent for an assessment pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent or guardian to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, a parent, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, a parent, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, parent either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
(y)The timeline for the production of translated copies of special education-related documents shall be as specified in Section 56348.
SEC. 3.Section 56341.5 of the Education Code is amended to read:56341.5.(a)Each A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents or guardians of the individual with exceptional needs are is present at each individualized education program meeting or are is afforded the opportunity to participate.
(b)Parents or guardians A parent shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c)The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. Parents or guardians A parent also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and inform the parents shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d)As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her individualized education program team.
(e)For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches the age of 16 years, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program team meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f) The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g)Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent or guardian can attend the meeting, the local educational agency shall use other methods to ensure parent or guardian participation, including through the use of individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent or guardian and the local educational agency may agree to use alternative means of meeting participation.
(h)A meeting may be conducted without a parent or guardian in attendance if the local educational agency is unable to convince the parent or guardian that he or she should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1)Detailed records of telephone calls made or attempted and the results of those calls.
(2)Copies of correspondence sent to the parents or guardians parent and any responses received.
(3)Detailed records of visits made to the home or place of employment of the parent or guardian parent and the results of those visits.
(i)The local educational agency shall take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians a parent with deafness or whose native language is a language other than English.
(j)The local educational agency shall give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian. parent, and as specified in Section 56348, if applicable.
SEC. 4.Section 56348 is added to the Education Code, to read:56348.(a)For purposes of this part, a local educational agency shall communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, including during the individualized education program team meeting, and shall provide alternative communication services, as required by Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations, including by providing translation services for a parent as follows:
(1)The local educational agency shall provide a pupils parent with a copy of the pupils completed individualized education program and any revisions to the pupils individualized education program in the native language of the parent, or in another mode of communication used by the parent, within 30 days of the individualized education program team meeting, if requested by the pupils parent, or within 30 days of a later request by the pupils parent. Nothing in this paragraph shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent, as specified in Sections 56021.1 and 56346, to part or all of an individualized education program.
(2)The local educational agency shall provide a pupils parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the individualized education plan that is discussed at an individualized education program team meeting within 30 days of the individualized education program team meeting, if requested by the pupils parent.
(b)The documents required to be translated pursuant to this section shall be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
(c)The department shall revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as authorized by this section.
(d)For purposes of this section, the following definitions apply:
(1)Native language has the same meaning as specified in Section 300.29 of Title 34 of the Code of Federal Regulations.
(2)Qualified translator means a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency.
(e)Nothing in this section is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including, but not limited to, the right to alternative communication services provided for in Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and its implementing regulations.
SEC. 5.Section 56506 of the Education Code is amended to read:56506.In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent:
(a)Written notice to the parent of his or her rights in language easily understood by the general public and in the native language of the parent, language, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or other of the parent, or in another mode of communication used by the parent, unless to do so is clearly not feasible. doing so creates an undue hardship, as specified in Section 98211 of Title 22 of the California Code of Regulations or any successor regulation. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.
(b)The right to initiate a referral of a child for special education services pursuant to Section 56303.
(c)The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.
(d)The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.
(e)Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupils parent has failed to respond.
(f)Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.
(g)A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.
SEC. 6.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.
|
Date
|
Status
|
|---|---|
| Sep 26, 2018 | In Senate. Consideration of Governor's veto pending. |
| Sep 26, 2018 | Vetoed by the Governor. |
| Sep 6, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2018 | Assembly amendments concurred in. (Ayes 33. Noes 6.) Ordered to engrossing and enrolling. |
| Aug 29, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2018 | From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 14, 2018 | Coauthors revised. |
| Jan 3, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Jul 12, 2017 | July 12 hearing postponed by committee. |
| Jun 21, 2017 | June 21 set for first hearing canceled at the request of author. |
| Jun 14, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Jun 8, 2017 | Referred to Com. on ED. |
| May 31, 2017 | In Assembly. Read first time. Held at Desk. |
| May 30, 2017 | Read third time. Passed. (Ayes 33. Noes 6. Page 1270.) Ordered to the Assembly. |
| May 26, 2017 | Read second time. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass. (Ayes 5. Noes 2. Page 1183.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| May 15, 2017 | May 15 hearing: Placed on APPR. suspense file. |
| May 4, 2017 | Set for hearing May 15. |
| May 3, 2017 | May 8 hearing postponed by committee. |
| May 1, 2017 | Set for hearing May 8. |
| Apr 26, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 25, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 782.) (April 19). |
| Mar 30, 2017 | Set for hearing April 19. |
| Mar 29, 2017 | March 29 hearing postponed by committee. |
| Mar 20, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 17, 2017 | March 22 hearing postponed by committee. |
| Mar 7, 2017 | Set for hearing March 22. |
| Feb 23, 2017 | Referred to Com. on ED. |
| Feb 15, 2017 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2018 | Unfinished Business SB354 Portantino et al. Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2018 | SB 354 Portantino Senate Third Reading By THURMOND | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 13, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
|
| May 30, 2017 | Senate 3rd Reading SB354 Portantino | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 15, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Ability Now Bay Area | ** Support | Oct 9, 2018 |
| All Children Matter | ** Support | Oct 9, 2018 |
| Alliance for Children's Rights | ** Support | Oct 9, 2018 |
| American Academy of Pediatrics | ** Support | Oct 9, 2018 |
| An individual | ** Support | Apr 18, 2017 |
| Apoyo de Padres Para Padres | ** Support | Oct 9, 2018 |
| Autism Society of Los Angeles | ** Support | Oct 9, 2018 |
| California Association For Bilingual Education | ** Support | Oct 9, 2018 |
| California Association for Parent-Child Advocacy | ** Support | Oct 9, 2018 |
| California Federation Of Teachers | ** Support | Oct 9, 2018 |
| California Immigrant Policy Center | ** Support | Jun 11, 2018 |
| California Right to Life Committee | ** Against | Oct 9, 2018 |
| California State PTA | ** Support | Oct 9, 2018 |
| City Of Oakland | * Support | Apr 19, 2017 |
| Coalition for Humane Immigrant Rights | ** Support | Oct 9, 2018 |
| Coalition of California Welfare Rights Organization, Inc. | ** Support | Oct 9, 2018 |
| Disability Rights California | ** Support | Oct 9, 2018 |
| Disability Rights Education & Defense Fund | ** Support | Oct 9, 2018 |
| Families In Schools | ** Support | Jun 11, 2018 |
| JONES, HOGAN & BROOKS | * Support | Apr 19, 2017 |
| Learning Rights Law Center | ** Support | Oct 9, 2018 |
| National Association of Social Workers | * Support | Jun 13, 2018 |
| National Association Of Social Workers, California Chapter | ** Support | Oct 9, 2018 |
| Numerous individuals | ** Support | Oct 9, 2018 |
| Prepared By: Lynn Lorber | ** Against | Aug 30, 2018 |
| Public Advocates | ** Support | Oct 9, 2018 |
| Public Counsel | ** Support | Oct 9, 2018 |
| State Council on Developmental Disabilities | ** Support | Oct 9, 2018 |
| The Arc and United Cerebral Palsy California Collaboration | ** Support | Oct 9, 2018 |
| western center on law and poverty | ** Support | Oct 9, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 354 |
VETO
Bill No: SB 354
Author: Portantino (D), et al.
Amended: 8/20/18
SENATE EDUCATION COMMITTEE: 7-0, 4/19/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
SENATE FLOOR: 33-6, 5/30/17
AYES: Allen, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Moorlach, Morrell, Nielsen, Stone
NO VOTE RECORDED: Fuller
SENATE FLOOR: 33-6, 8/30/18
AYES: Allen, Atkins, Beall, Bradford, Cannella, Chang, De León, Delgado, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Moorlach, Morrell, Nielsen, Stone
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 65-10, 8/29/18 - See last page for vote
SUBJECT: Special education: individualized education programs: translation services
SOURCE: Coalition for Humane Immigrant Rights
Disability Rights California
DIGEST:
This bill requires a local educational agency (LEA), upon a parent’s request, to translate the student’s individualized education program (IEP) and other related documents in the native language of the parent within 30 calendar days of the IEP team meeting.
Existing law:
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (Education Code § 56341.5)
- Requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (EC § 56321)
- Requires LEAs to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian. (EC § 56341.5)
- Requires, through regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request. (California Code of Regulations, Title 5, § 3040)
- Provides that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless to do so is clearly not feasible. (EC § 56506)
- Defines “consent” in special education proceedings to include situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (EC § 56021.1)
- Requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or their primary language. (EC § 48985)
- Provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code §11135)
- Defines a “recipient,” for purposes of non-discrimination in state-supported programs and activities, as any contractor, local agency, or person who regularly employs five or more persons and who receives state support in an amount in excess of $10,000 in the aggregate per state fiscal year or in an amount in excess of $1,000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the state support. (California Code of Regulations, Title 2, § 11150)
- Provides that it is a discriminatory practice for a recipient to fail to take appropriate steps to ensure that alternative communication services are available to ultimate beneficiaries, except where the state agency determines that such a requirement would place an undue hardship on the recipient.
(2 CCR § 11162) - Defines “alternative communication services” as the method used or available for purposes of communicating with a person unable to read or speak or write in the English language, including but not limited to the provision of the services of a multilingual employee or an interpreter for the benefit of an ultimate beneficiary and the provision of written materials in a language other than English. (2 CCR § 11161)
This bill:
- Requires LEAs, upon the parent’s request, to translate the following documents in the native language of the parent, or in another mode of communication used by the parent:
- A copy of the student’s completed IEP and any revisions to the IEP.
- Any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.
- Requires the documents described in 1) above to be translated within 30 calendar days of the IEP team meeting, or within 30 calendar days of a later request by the parent, for a parent whose native language is one of the eight most commonly spoken languages, excluding English, in a LEA, as determined by the California Department of Education (CDE) and reported through DataQuest or any successor system.
- Provides that, if the list of the eight most commonly spoken languages in an LEA includes an “other” category of multiple non-English languages, that category is not be included in the top eight most commonly spoken languages.
- Requires the documents described in 1) above to be translated by a qualified translator.
- Provides that nothing is to be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent to part or all of the IEP.
- Modifies the existing requirement for LEAs to ensure that parents understand proceedings at a meeting to specify that:
- The LEA is to ensure that parents understand the proceeding during the planning process for the IEP, including during the IEP team meeting.
- The action required is to include, as applicable:
- Communicating in the parent’s native language or in another mode of communication used by the parent.
- Providing translation services as required by this bill and providing alternative communication services as required by existing law.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
- Defines “qualified translator” as a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including but not limited to privacy, neutrality, accuracy, completeness, and transparency.
- Expands the definition of “parent” to include a conservator of a child and a surrogate parent, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education.
Comments
Expansion of translated documents and creation of new timeline. This bill requires LEAs to translate a student’s IEP and related documents in the parent’s native language within a 30 day timeline. Existing law and regulations requires LEAs to:
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
- Provide proposed special education assessment plans to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
- Provide to a parent or guardian a copy of a student’s IEP in his or her primary language at the parent’s request.
- Send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English (not specific to documents related to special education).
This bill codifies existing regulations that require LEAs to give parents a copy of a student’s IEP in the parent’s primary language at his or her request, requires translated copies of any evaluation, assessment or progress data used in relation to an IEP, and imposes a timeline of within 30 days of the IEP team meeting. This bill limits the requirements of this bill to apply only for the top eight languages, other than English, in each school district as determined by the CDE.
Clearinghouse for Multilingual Documents. The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps LEAs find pre-existing, locally-created translations of parental notification documents (related to the requirement to provide notices in the primary language if at least 15 percent of the school’s students speak a language other than English; not specifically related to special education). Access to these documents is limited to registered users. The Clearinghouse provides free access to numerous translated documents that other LEAs are willing to make available. LEAs may find translations, review them, and revise them to suit local needs.
According to the CDE, the database of multilingual documents contains some documents that would inform IEP development, but that since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms.
Need for qualified translators. This bill requires translators to be qualified, defined as a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
In a joint letter from the United States Department of Education and the United States Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of Web-based translation of special education documents:
Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with LEP parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act. [http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- Ongoing Proposition 98 General Fund cost pressures at LEAs, potentially in the low millions of dollars, to translate special education documents. Costs would vary depending on the availability and cost of a qualified translator, the length of the IEP, and the frequency of requests. Assuming a short IEP of 10 pages at a cost of $30 to $80 per page to translate, costs could range between $6 million and $16 million statewide if 10% of the special education and English-learner population request a translation. Costs likely would impact smaller school districts more significantly than larger school districts. If the Commission on State Mandates determines this bill's requirements to be a reimbursable state mandate, potential Proposition 98 GF cost pressures.
- Ongoing GF costs, potentially in the low hundreds of thousands of dollars, to notify parents of their right to request the translation of documents, monitor LEAs' implementation of this bill, investigate parent and advocate complaints, and impose corrective action.
Coalition for Humane Immigrant Rights (co-source)
Disability Rights California (co-source)
Ability Now Bay Area
All Children Matter
Alliance for Children’s Rights
American Academy of Pediatrics
Apoyo de Padres Para Padres
Autism Society of Los Angeles
California Association for Bilingual Education
California Association for Parent-Child Advocacy
California Federation of Teachers
California State PTA
Coalition for Humane Immigrant Rights
Coalition of California Welfare Rights Organization, Inc.
Disability Rights Education & Defense Fund
Learning Rights Law Center
National Association of Social Workers, California Chapter
Public Advocates
Public Counsel
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Collaboration
Western Center on Law and Poverty
Numerous individuals
OPPOSITION: (Verified 10/5/18)
California Right to Life Committee
ARGUMENTS IN SUPPORT: According to Disability Rights California, the sponsor of this bill, “the IEP, through the identification of individual goals, objectives and services, is the cornerstone of ensuring that students with disabilities have access to a free and appropriate education. Because educational agencies have an existing state law obligation to provide translation, the required timelines in the bill are a reasonable way for districts to meet this existing obligation. SB 354 does much to level the playing field by ensuring that parents whose native language is not English have timely access to a translation of their child’s IEP and key documents to allow for meaningful involvement in their child’s education.”
ARGUMENTS IN OPPOSITION: According to the California Right to Life Committee (CRLC), “CRLC has serious concerns about the expanded definition of the concept of ‘parent’ for the purposes of SB 354. Various categories of support persons for a child are now subsumed into the concept of parent. CRLC is opposed to any effort to further separate parent from child, even in an effort to provide better services for the child requiring special education.”
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 354 without my signature.
This bill requires local schools, upon a parent's request, to translate a student's individualized education program (IEP) and other related documents prepared as part of their special education services in the native language of the parent within 30 days of the IEP meeting.
I cannot support this bill. Current law requires that non-English speaking parents understand their child's IEP, and in fact gives parents the right to have an interpreter present at their child's IEP meetings. To the extent that this is not sufficient, I think the remedy is best handled at the local school district.
ASSEMBLY FLOOR: 65-10, 8/29/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Dahle, Flora, Harper, Kiley, Melendez, Voepel, Waldron
NO VOTE RECORDED: Choi, Fong, Mayes, Patterson, Steinorth
Prepared by: Lynn Lorber / ED. /
10/9/18 10:57:32
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 354
:
SENATE EDUCATION COMMITTEE: 7-0, 4/19/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
SENATE FLOOR: 33-6, 5/30/17
AYES: Allen, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Moorlach, Morrell, Nielsen, Stone
NO VOTE RECORDED: Fuller
ASSEMBLY FLOOR: Not available
SOURCE: Coalition for Humane Immigrant Rights (co-source)
Disability Rights California (co-source)
DIGEST:
This bill requires a local educational agency (LEA), upon a parent’s request, to translate the student’s individualized education program (IEP) and other related documents in the native language of the parent within 30 calendar days of the IEP team meeting.
Assembly Amendments
delete the requirement that LEAs communicate in the native language of a parent during the planning process for an IEP, modify the timeline for translated documents to be provided to parents from 45 days to 30 calendar days, delete the requirement that the California Department of Education revise its notice of procedural safeguards, reinstate the existing standard of “clearly not feasible” relative to an LEA determining to provide written notice of procedural safeguards to parents in the native language, and modify the definition of “qualified translator.”
Existing law:
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (Education Code § 56341.5)
- Requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (EC § 56321)
- Requires LEAs to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian. (EC § 56341.5)
- Requires, through regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request. (California Code of Regulations, Title 5, § 3040)
- Provides that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless to do so is clearly not feasible. (EC § 56506)
- Defines “consent” in special education proceedings to include situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (EC § 56021.1)
- Requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or their primary language. (EC § 48985)
- Provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code §11135)
- Defines a “recipient,” for purposes of non-discrimination in state-supported programs and activities, as any contractor, local agency, or person who regularly employs five or more persons and who receives state support in an amount in excess of $10,000 in the aggregate per state fiscal year or in an amount in excess of $1,000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the state support. (California Code of Regulations, Title 2, § 11150)
- Provides that it is a discriminatory practice for a recipient to fail to take appropriate steps to ensure that alternative communication services are available to ultimate beneficiaries, except where the state agency determines that such a requirement would place an undue hardship on the recipient.
(2 CCR § 11162) - Defines “alternative communication services” as the method used or available for purposes of communicating with a person unable to read or speak or write in the English language, including but not limited to the provision of the services of a multilingual employee or an interpreter for the benefit of an ultimate beneficiary and the provision of written materials in a language other than English. (2 CCR § 11161)
This bill:
- Requires LEAs, upon the parent’s request, to translate the following documents in the native language of the parent, or in another mode of communication used by the parent:
- A copy of the student’s completed IEP and any revisions to the IEP.
- Any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.
- Requires the documents described in 1) above to be translated within 30 calendar days of the IEP team meeting, or within 30 calendar days of a later request by the parent, for a parent whose native language is one of the eight most commonly spoken languages, excluding English, in a LEA, as determined by the California Department of Education (CDE) and reported through DataQuest or any successor system.
- Provides that, if the list of the eight most commonly spoken languages in an LEA includes an “other” category of multiple non-English languages, that category is not be included in the top eight most commonly spoken languages.
- Requires the documents described in 1) above to be translated by a qualified translator.
- Provides that nothing is to be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent to part or all of the IEP.
- Modifies the existing requirement for LEAs to ensure that parents understand proceedings at a meeting to specify that:
- The LEA is to ensure that parents understand the proceeding during the planning process for the IEP, including during the IEP team meeting.
- The action required is to include, as applicable:
- Communicating in the parent’s native language or in another mode of communication used by the parent.
- Providing translation services as required by this bill and providing alternative communication services as required by existing law.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
- Defines “qualified translator” as a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including but not limited to privacy, neutrality, accuracy, completeness, and transparency.
- Expands the definition of “parent” to include a conservator of a child and a surrogate parent, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education.
Comments
Expansion of translated documents and creation of new timeline. This bill requires LEAs to translate a student’s IEP and related documents in the parent’s native language within a 30 day timeline. Existing law and regulations requires LEAs to:
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
- Provide proposed special education assessment plans to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
- Provide to a parent or guardian a copy of a student’s IEP in his or her primary language at the parent’s request.
- Send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English (not specific to documents related to special education).
This bill codifies existing regulations that require LEAs to give parents a copy of a student’s IEP in the parent’s primary language at his or her request, requires translated copies of any evaluation, assessment or progress data used in relation to an IEP, and imposes a timeline of within 30 days of the IEP team meeting. This bill limits the requirements of this bill to apply only for the top eight languages, other than English, in each school district as determined by the CDE.
Clearinghouse for Multilingual Documents. The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps LEAs find pre-existing, locally-created translations of parental notification documents (related to the requirement to provide notices in the primary language if at least 15 percent of the school’s students speak a language other than English; not specifically related to special education). Access to these documents is limited to registered users. The Clearinghouse provides free access to numerous translated documents that other LEAs are willing to make available. LEAs may find translations, review them, and revise them to suit local needs.
According to the CDE, the database of multilingual documents contains some documents that would inform IEP development, but that since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms.
Need for qualified translators. This bill requires translators to be qualified, defined as a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
In a joint letter from the United States Department of Education and the United States Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of Web-based translation of special education documents:
Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with LEP parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act. [http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf]
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Ongoing Proposition 98 General Fund cost pressures at LEAs, potentially in the low millions of dollars, to translate special education documents. Costs would vary depending on the availability and cost of a qualified translator, the length of the IEP, and the frequency of requests. Assuming a short IEP of 10 pages at a cost of $30 to $80 per page to translate, costs could range between $6 million and $16 million statewide if 10% of the special education and English-learner population request a translation. Costs likely would impact smaller school districts more significantly than larger school districts. If the Commission on State Mandates determines this bill's requirements to be a reimbursable state mandate, potential Proposition 98 GF cost pressures.
- Ongoing GF costs, potentially in the low hundreds of thousands of dollars, to notify parents of their right to request the translation of documents, monitor LEAs' implementation of this bill, investigate parent and advocate complaints, and impose corrective action.
Coalition for Humane Immigrant Rights (co-source)
Disability Rights California (co-source)
Ability Now Bay Area
All Children Matter
Alliance for Children’s Rights
American Academy of Pediatrics
Apoyo de Padres Para Padres
Autism Society of Los Angeles
California Association for Bilingual Education
California Association for Parent-Child Advocacy
California Federation of Teachers
California State PTA
Coalition for Humane Immigrant Rights
Coalition of California Welfare Rights Organization, Inc.
Disability Rights Education & Defense Fund
Learning Rights Law Center
National Association of Social Workers, California Chapter
Public Advocates
Public Counsel
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Collaboration
Western Center on Law and Poverty
Numerous individuals
OPPOSITION: (Verified 8/22/18)
California Right to Life Committee
ARGUMENTS IN SUPPORT: According to Disability Rights California, the sponsor of this bill, “the IEP, through the identification of individual goals, objectives and services, is the cornerstone of ensuring that students with disabilities have access to a free and appropriate education. Because educational agencies have an existing state law obligation to provide translation, the required timelines in the bill are a reasonable way for districts to meet this existing obligation. SB 354 does much to level the playing field by ensuring that parents whose native language is not English have timely access to a translation of their child’s IEP and key documents to allow for meaningful involvement in their child’s education.”
ARGUMENTS IN OPPOSITION: According to the California Right to Life Committee (CRLC), “CRLC has serious concerns about the expanded definition of the concept of ‘parent’ for the purposes of SB 354. Various categories of support persons for a child are now subsumed into the concept of parent. CRLC is opposed to any effort to further separate parent from child, even in an effort to provide better services for the child requiring special education.”
8/30/18 0:10:10
SENATE THIRD READING
STR Bill Id:SB 354
Author:(Portantino)
As Amended Ver:August 20, 2018
Majority vote
SENATE VOTE: 33-6
Committee | Votes | Ayes | Noes |
Education | 5-0 | O'Donnell, Kalra, McCarty, Thurmond, Weber | |
Appropriations | 13-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Requires local educational agencies (LEAs) to provide most students' parents with a translation, upon parental request, of the student's individualized education program (IEP) and other related documents in the native language of the parent within 30 days of the IEP team meeting, and requires translations to be conducted by a qualified translator. Specifically, this bill:
- Requires, during the planning process for the IEP, an LEA to communicate in the native language of the parent, as defined, or in another mode of communication used by the parent, including during IEP team meeting, including by providing translation services for a parent.
- Requires LEAs to translate the following documents in the native language of the parent, or in another mode of communication used by the parent:
- The pupil's completed IEP, and any revisions to the pupil's IEP
- Any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.
- Requires that, for a parent whose native language is one of the eight most commonly spoken languages in an LEA, excluding English and the category "other" multiple non-English languages," as determined by the California Department of Education (CDE) and reported through DataQuest or any successor system, the student's completed IEP and any revisions to the pupil's IEP be translated within 30 calendar days of the IEP team meeting, or within 30 calendar days of a later request by the parent.
- States that nothing in the above requirement shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent to part or all of the IEP.
- Requires the documents to be translated by a qualified translator. Defines "qualified translator" to mean a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
- Defines native language to mean the language normally used by that individual, as defined in federal law.
- States that nothing in these new requirements is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including the right to alternative communication services.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as required by this bill.
- Modifies the ability of LEAs to determine that it "is clearly not feasible" to provide written notice of procedural safeguards to parents in the native language, to instead use the standard of creating an "undue hardship" pursuant to existing state regulations.
- Expands the definition of "parent" to include a conservator of a child, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education.
- Clarifies that "local educational agency," for purposes of special education, includes all charter schools participating as members of a SELPA, irrespective of profit status.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Ongoing Proposition 98 General Fund cost pressures at LEAs, potentially in the low millions of dollars, to translate special education documents. Costs would vary depending on the availability and cost of a qualified translator, the length of the IEP, and the frequency of requests. Assuming a short IEP of 10 pages at a cost of $30 to $80 per page to translate, costs could range between $6 million and $16 million statewide if 10% of the special education and English-learner population request a translation. Costs likely would impact smaller school districts more significantly than larger school districts. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, potential Proposition 98 GF cost pressures.
- Ongoing GF costs, potentially in the low hundreds of thousands of dollars, to notify parents of their right to request the translation of documents, monitor LEAs' implementation of the bill, investigate parent and advocate complaints, and impose corrective action.
COMMENTS:
Need for the bill. The author's office states, "For parents/guardians/educational rights holders, the IEP process can be very overwhelming and intimidating for someone who is not familiar with the process or terminology, especially if that person's primary language is not English. Although verbal translators are made available to parents/guardians/educational rights holders during IEP meetings, some terms in documents or processes may be lost in translation. LEAs are required to provide translated copies of the IEP, if requested. The problem occurs when the LEA does not provide the IEP in a timely manner and when the translated IEP is provided, in some cases, the document has not been translated accurately."
History of federal compliance issues around interpretation and translation in special education proceedings. A 2015 joint letter from the U.S. Department of Education and the U.S. Department of Justice highlighted a number of compliance problems related to English learners and rights established by under Title VI of the Civil Rights Act of 1964. The departments noted a history of compliance problems around "fail[ure] to provide translation or an interpreter at IEP meetings."
Translation scope and timeline. Current state and federal law require that school districts take any action necessary to ensure that parents understand the proceedings at an IEP meeting. Current state regulations further require LEAs to give parents a copy of a student's IEP in his or her primary language at his or her request. No timeframe is specified. This bill exceeds current requirements for translation as shown in the table below:
Requirement | Current law: All parents whose native language is not English | SB 354: Native language is one of the top eight languages in the LEA | SB 354: Native language is not among the top eight languages in the LEA |
Translation of IEP and revisions | Must be translated but no timeline specified | Must be translated within 30 days | Must be translated but no timeline specified. |
Translation of related documents | No requirement to translate | Must be translated but no timeline specified. | Must be translated but no timeline specified. |
Qualifications of translator | No qualifications specified | Must meet definition of qualified translator | Must meet definition of qualified translator |
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004102
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 354
Author:(Portantino) – As Amended Ver:January 3, 2018
Policy Committee: | Education | Vote: | 5 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill requires local education agencies (LEAs) to provide a parent whose native language is one of the eight most-commonly spoken languages in an LEA with a translation of their student’s special education individualized education plan (IEP) and other related documents in the native language of the parent within 30 days of the IEP team meeting. It requires the translation to be conducted by a qualified translator.
FISCAL EFFECT:
- Ongoing Proposition 98 General Fund cost pressures at LEAs, potentially in the low millions of dollars, to translate special education documents. Costs would vary depending on the availability and cost of a qualified translator, the length of the IEP, and the frequency of requests. Assuming a short IEP of 10 pages at a cost of $30 to $80 per page to translate, costs could range between $6 million and $16 million statewide if 10% of the special education and English-learner population request a translation. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, potential Proposition 98 GF cost pressures.
- Ongoing GF costs, potentially in the low hundreds of thousands of dollars, to notify parents of their right to request the translation of documents, monitor LEAs’ implementation of the bill, investigate parent and advocate complaints, and impose corrective action.
COMMENTS:
- Individualized Education Plan. The federal Individuals With Disabilities Education Act requires each child with a disability who attends public school and receives special education and related services to have an individualized education program (IEP). An IEP team, which includes a general education teacher, special education teacher, and parent, gathers to discuss the student’s needs and write the IEP. The IEP includes information about the student’s disabilities and how service providers will help the student reach their full potential.
- Purpose. The author’s office states:
Existing law requires LEAs to initiate and conduct meetings for the purposes of developing, reviewing, and revising the IEP of each individual with exceptional needs in accordance with federal law. Existing law requires the LEA to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. However, existing law does not set a timeline for when documents must be translated.
For parents/guardians/educational rights holders, the IEP process can be very overwhelming and intimidating for someone who is not familiar with the process or terminology, especially if that person’s primary language is not English. Although verbal translators are made available to parents/guardians/educational rights holders during IEP meetings, some terms in documents or processes may be lost in translation. LEAs are required to provide translated copies of the IEP, if requested. The problem occurs when the LEA does not provide the IEP in a timely manner and when the translated IEP is provided, in some cases, the document has not been translated accurately.
- Related Legislation. AB 2091 (Lopez, 2016) would have required LEAs to provide parents with a translated copy of an IEP and other specified documents, upon request, and for the IEP and related documents to be translated by a qualified translator. The bill failed passage in the Senate Appropriations Committee.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: June 13, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SBPCA Bill Id:SB 354
Author:(Portantino) – As Amended Ver:January 3, 2018
SENATE VOTE: 33-6
SUBJECT: Special education: individualized education programs: translation services
SUMMARY: Requires local educational agencies (LEAs) to provide most students’ parents with a translation, upon parental request, of the student’s individualized education program (IEP) and other related documents in the native language of the parent within 30 days of the IEP team meeting, and requires translations to be conducted by a qualified translator. Specifically, this bill:
- Requires, during the planning process for the IEP, an LEA to communicate in the native language of the parent, as defined, or in another mode of communication used by the parent, including during IEP team meeting, including by providing translation services for a parent.
- Requires LEAs to translate the following documents in the native language of the parent, or in another mode of communication used by the parent:
- the pupil’s completed IEP, and any revisions to the pupil’s IEP
- any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting.
- Requires that, for a parent whose native language is one of the eight most commonly spoken languages, excluding English, in an LEA, as determined by the California Department of Education (CDE) and reported through DataQuest or any successor system, the student’s completed IEP and any revisions to the pupil’s IEP be translated within 30 calendar days of the IEP team meeting, or within 30 calendar days of a later request by the parent.
- States that nothing in the above requirement shall be construed to abridge any right granted to a parent under state or federal law, including the right to give or withhold consent to part or all of the IEP.
- Requires the documents to be translated by a qualified translator.
- Defines “qualified translator” to mean a translator who is proficient in and literate in English and the non-English language to be used, and has the ability to communicate terms and ideas between the English language and the non-English language to be used, considering regional language variations, and has knowledge of basic translator practices, including, but not limited to, privacy, neutrality, accuracy, completeness, and transparency.
- Defines native language to mean the language normally used by that individual, as defined in federal law.
- States that nothing in these new requirements is intended to affect any other state or federal law requirement regarding the translation of education-related documents, including the right to alternative communication services.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of documents as required by this bill.
- Modifies the ability of LEAs to determine that it “is clearly not feasible” to provide written notice of procedural safeguards to parents in the native language, to instead use the standard of creating an “undue hardship” pursuant to existing state regulations.
- Expands the definition of “parent” to include a conservator of a child, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education.
- Clarifies that “local educational agency,” for purposes of special education, includes all charter schools participating as members of a SELPA, irrespective of profit status.
EXISTING LAW:
- Requires LEAs to take any action necessary to ensure that in an IEP team meeting the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English.
- Requires LEAs to give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian.
- Requires, in regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request (CCR 5, Sec. 3040).
- Defines “consent” in special education proceedings as situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication.
- Requires that, if 15 percent or more of the students enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, all notices, reports, statements, or records sent to the parent or guardian of any such student by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language.
- Requires that proposed assessment plans be provided to parents “in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.”
- Title VI of the federal Civil Rights Act of 1964 prohibits recipients of federal financial assistance, including school districts, from discriminating on the basis of race, color, or national origin. Title VI’s prohibition on national origin discrimination requires school districts to take “affirmative steps” to address language barriers so that EL students may participate meaningfully in schools’ educational programs.
FISCAL EFFECT: According to the Senate Appropriations Committee, on a prior version of this bill:
- Unknown reimbursable state mandated costs, potentially in the low millions in Proposition 98 General Fund, to translate special education documents within 45 days of a request. Costs would vary depending upon a number of factors including the availability and cost of a qualified translator, how common the language is, how many pages to be translated, and the frequency of these requests.
- Minor costs to the CDE to revise its notice of procedural safeguards in multiple languages to notify parents of their right to request the translation of documents as provided in this bill.
COMMENTS:
Need for the bill. The author’s office states, “Existing law requires LEAs to initiate and conduct meetings for the purposes of developing, reviewing, and revising the IEP of each individual with exceptional needs in accordance with federal law. Existing law requires the LEA to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. However, existing law does not set a timeline for when documents must be translated.
For parents/guardians/educational rights holders, the IEP process can be very overwhelming and intimidating for someone who is not familiar with the process or terminology, especially if that person’s primary language is not English. Although verbal translators are made available to parents/guardians/educational rights holders during IEP meetings, some terms in documents or processes may be lost in translation. LEAs are required to provide translated copies of the IEP, if requested. The problem occurs when the LEA does not provide the IEP in a timely manner and when the translated IEP is provided, in some cases, the document has not been translated accurately.”
History of federal compliance issues around interpretation and translation in special education proceedings. A 2015 joint letter from the U.S. Department of Education and the U.S. Department of Justice highlighted a number of compliance problems related to English learners and rights established by under Title VI of the Civil Rights Act of 1964. The departments noted a history of compliance problems around “fail[ure] to provide translation or an interpreter at IEP meetings.”
Translation scope and timeline. Current state and federal law require that school districts take any action necessary to ensure that parents understand the proceedings at an IEP meeting. Current state regulations further require LEAs to give parents a copy of a student’s IEP in his or her primary language at his or her request. No timeframe is specified.
Some LEAs currently meet the 30 day timeline for individualized education program (IEP) translation. The Los Angeles Unified School District is required to translate IEPs, but not related documents, pursuant to a modified consent decree as a result of a lawsuit. The San Diego Unified School District has an “expected timeline” of 30 days for the initial IEP but does not provide a timeline for the translation of related documents.
This bill exceeds current requirements for translation as shown in the table below:
Requirement | Current law: All parents whose native language is not English | SB 354: Native language is one of the top eight languages in the LEA | SB 354: Native language is not among the top eight languages in the LEA |
Translation of IEP and revisions | Must be translated but no timeline specified | Must be translated within 30 days | Must be translated but no timeline specified. |
Translation of related documents | No requirement to translate | Must be translated but no timeline specified. | Must be translated but no timeline specified. |
Qualifications of translator | No qualifications specified | Must meet definition of qualified translator | Must meet definition of qualified translator |
Which documents would need to be translated within 30 days? This bill requires that, for students whose parents speak one of the top eight languages within an LEA, certain documents be translated within 30 calendar days. These documents are contained in the student’s IEP, and include:
- A statement of the individual’s present levels of academic achievement and functional performance
- A statement of measurable annual goals, including academic and functional goals,
- A description of the manner in which progress toward meeting the annual goals will be measured
- A statement of the special education and related services and supplementary aids and services, to be provided to the student
- An explanation of the extent, if any, to which the student will not participate with nondisabled pupils in the regular class and activities
- A statement of individual appropriate accommodations on assessments
- The projected date for the beginning of, and the anticipated frequency, location, and duration of services and modifications
- For students 16 years and older, transition plans
Top eight languages spoken in each LEA will comprise high percentage of target population. According to the CDE, 2.7 million students speak a language other than English in their homes. This may mean that up to 43% of the parents of public school students speak a language other than English as their primary language. The CDE collects data on 60 languages spoken by the state’s public school students, but 94% speak one of the top ten languages in the state.
Spanish is by far the most common primary language, spoken by 84% of all English learners. It is likely that many more students with disabilities who are not classified as English learners have parents whose primary language is not English.
This bill requires that specified documents be translated within 30 calendar days for the eight most commonly spoken languages in the district. While the top eight languages will vary by district, the following example, using DataQuest data for San Diego Unified School District in the 2017-18 school year, shows that the top eight languages are likely to represent a high percentage of total enrollment of pupils whose parents speak a language other than English:
Eight most commonly spoken languages in San Diego Unified School District, 2017-18 | Enrollment | Percentage of English learner enrollment |
Spanish | 20,885 | 73.17% |
Vietnamese | 1,388 | 4.86% |
Other non-English languages | 1,103 | 3.86% |
Filipino (Pilipino or Tagalog) | 981 | 3.44% |
Somali | 815 | 2.86% |
Arabic | 476 | 1.67% |
Mandarin (Putonghua) | 299 | 1.05% |
Japanese | 271 | 0.95% |
Total for top eight languages | 26,218 | |
Total for all (58+) languages spoken in the district | 28,544 |
English learners significantly overrepresented in special education. Also according to the CDE, about 14.4% of California’s English learners qualify for special education, compared to 9.1% of non-English learners. According to data provided by the CDE for the 2014-15 academic year, students with disabilities who are English learners are significantly overrepresented in the higher grades, as shown in the table below:
| K | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
ELs in Special Education | 6.3% | 7.7% | 8.6% | 10.3% | 14.3% | 17.4% | 21.5% | 23.0% | 23.9% | 21.1% | 22.4% | 22.7% | 26.2% |
Non-ELs in Special Education | 6.4% | 7.9% | 9.0% | 9.9% | 10.3% | 10.3% | 9.5% | 9.1% | 9.1% | 8.4% | 8.7% | 8.5% | 9.9% |
California also has an above average percentage of English learners in special education compared to other states. Data reported by the U.S. Department of Education’s Office of Civil Rights (OCR) indicate that in 2011-12 California identified 13.3% of English learners, compared to a national average rate of 11.9%. OCR data also show that California enrolls 35% of all English learners in special education in the country.
Pursuant to AB 2785 (O’Donnell) Chapter 579, Statutes of 2016 the CDE is currently working on the development of a manual to provide guidance to LEAs on the identification, assessment, services, and reclassification for English learners with disabilities, with the goal of reducing the over and under representation of English learners with disabilities.
Other states with far fewer English learners have translated forms on department of education websites; California does not. Translating special education documents would be easier for LEAs if they had access to standard forms already translated into commonly spoken languages.
Other state departments of education (including a number with a far smaller population of non-native English speakers) share such translated forms in various languages through their websites:
- Massachusetts: all forms available in 16 languages
- Minnesota: several forms available in 10 languages
- Oregon: standard IEP form available in 4 languages
- Washington: all forms available 7 languages
- Iowa: standard IEP form in 6 languages
- New York: all forms available in 5 languages
- Colorado, Rhode Island, Illinois, Utah, Texas: forms available in 1-3 languages
California, which has the largest population of English learners in the country (and one in three English learners nationally), does not maintain such translated forms (apart from the notice of procedural safeguards, which is translated into five languages). Such a resource would make it easier for LEAs to meet the requirements of both this bill and of other provisions of state and federal law, and ensure that translations are of sufficient quality.
The CDE does not maintain these forms because the state does not publish standard special education forms. Many LEAs use forms that they either obtain from the
Special Education Information System operated by the San Joaquin County Office of Education, or produce their own. Without standard forms, it is unlikely that there will be translated forms of those documents, as are provided in other states.
The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps LEAs find pre-existing, locally-created translations of parental notification documents. This database of multilingual documents contains some documents that would inform IEP development, but according to the CDE, since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms.
Bill appears to eliminate automated translations of IEPs. By requiring that special education documents by a qualified translator who has met the testing or certification standards for outside or contract translators, it appears that this bill would effectively prohibit the use of web-based translation of documents using services such as Google Translate. Proponents of this measure have noted problems with the accuracy of translation of special education documents using such services.
Concerns have also been raised about the privacy of student information using these translation services. In a joint letter from the U.S. Department of Education and the U.S. Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of web-based translation of special education documents:
“Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with [limited English proficient] parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act.”
How are parents informed of their rights to interpretation and translation? This bill requires that CDE revise its Notice of Procedural Safeguards, which is required to be provided by current law, to include the translation rights established by the bill.
The Notice of Procedural Safeguards explains all of the rights afforded to students and parents under IDEA and state law. The CDE provides a model Notice of Procedural Safeguards on their website, translated into four languages.
Parents may also learn about their rights by consulting with one of the Family Empowerment Centers on Disability (FECs) established by state law to help parents navigate the special education process through peer support. The FEC statute requires a center in each of the 32 regions of the state established under the Early Start Family Resource Centers. There are currently fourteen such centers, though pending legislation proposes to fund the intended 32 centers. Additionally, there are two types of federally-funded parent resources: Parent Training Information Centers and California Community Parent Resource Centers.
Related and prior legislation. AB 2704 (O’Donnell) of this Session, would require establishment of new Family Empowerment Centers (FECs) with priority given to high need regions, establish increased funding levels awarded to each center, and establish new requirements for data collection and reporting to improve coordination between the California CDE and FECs.
AB 1264 (Eduardo Garcia) of this Session would have required that parents be offered copies of any available completed school records related to the pupil’s current levels of performance, and any assessment reports, prior to a meeting regarding a student’s IEP. This bill was vetoed by the Governor, who stated:
This bill is unnecessary. The Notice of Procedural Safeguards, which is required under the Individuals with Disabilities Act, highlights parents' rights to request copies of relevant school records and reports and receive them within five business days of the request.
This document is provided to parents the first time their child is referred for a special education assessment, when they ask for a copy, each time they are given an assessment plan to evaluate their child, upon receipt of their first state or due process complaint in a school year, and when the decision is made to make a removal that constitutes a change of placement.
As a result, parents who wish to review these records and reports before an Individualized Education Program meeting can already do so.
AB 2785 (O’Donnell) Chapter 579, Statutes of 2016 requires the CDE to develop a manual providing guidance to LEAs on identifying and supporting English learners with disabilities.
AB 2091 (Lopez) of the 2015-16 Session would have required LEAs to provide parents with a translated copy of an IEP and other specified documents within 60 days, upon request, and required that the IEP and related documents be translated by a qualified translator. AB 2091 was held in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition for Humane Immigrant Rights (co-sponsor)
Disability Rights California (co-sponsor)
Alliance for Children's Rights
California Association for Bilingual Education
California Federation of Teachers
California Immigrant Policy Center
Disability Rights Education and Defense Fund
Families in Schools
National Association of Social Workers – California Chapter
Public Advocates
Western Center on Law and Poverty
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 354
:
SENATE EDUCATION COMMITTEE: 7-0, 4/19/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
SOURCE: Disability Rights California
DIGEST:
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), and requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 45 days of the IEP team meeting.
Existing law:
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (Education Code § 56341.5)
- Requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (EC § 56321)
- Requires LEAs to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian. (EC § 56341.5)
- Requires, through regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request. (California Code of Regulations, Title 5, § 3040)
- Provides that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless to do so is clearly not feasible. (EC § 56506)
- Defines “consent” in special education proceedings to include situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (EC § 56021.1)
- Requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or their primary language. (EC § 48985)
- Provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code §11135)
- Defines a “recipient,” for purposes of non-discrimination in state-supported programs and activities, as any contractor, local agency, or person who regularly employs five or more persons and who receives State support in an amount in excess of $10,000 in the aggregate per state fiscal year or in an amount in excess of $1,000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the state support. (California Code of Regulations, Title 2, § 11150)
- Provides that it is a discriminatory practice for a recipient to fail to take appropriate steps to ensure that alternative communication services are available to ultimate beneficiaries, except where the state agency determines that such a requirement would place an undue hardship on the recipient.
(2 CCR § 11162) - Defines “alternative communication services” as the method used or available for purposes of communicating with a person unable to read or speak or write in the English language, including but not limited to the provision of the services of a multilingual employee or an interpreter for the benefit of an ultimate beneficiary and the provision of written materials in a language other than English. (2 CCR § 11161)
This bill:
- Requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the IEP, including during the IEP team meeting, and provide alternative communication services including by providing translation services for a parent.
- Requires LEAs to provide a student’s parent with a copy of the student’s completed IEP and any revisions to the IEP in the native language of the parent, or in another mode of communication used by the parent, within 45 days of the IEP team meeting if requested by the parent, or within 45 days of a later request by the parent. This bill specifically excludes from the 45-day timeline any other timeline that is determined by a consent decree. This bill states that this provision shall not be construed to abridge any right of a parent, including the right to give or withhold consent to part or all of an IEP.
- Requires LEAs to provide a student’s parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting within 45 days of the IEP team meeting if requested by the parent, except as otherwise determined by a consent decree.
- Limits the requirements of this bill to apply only for the top eight languages, other than English, in each school district as determined by the California Department of Education (CDE) and reported on DataQuest.
- Requires the documents to be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Modifies the ability of LEAs to determine that it “is clearly not feasible” to provide written notice of procedural safeguards to parents in the native language to instead use the standard of creating an “undue hardship” pursuant to existing state regulations.
- Expands the statutory timelines affecting special education program to include the timeline for the production of translated copies of special education-related documents as specified by this bill (within 45 days of the IEP team meeting except as otherwise determined by a consent decree).
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
- Defines “qualified translator” as a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to confidentiality, neutrality, accuracy, completeness, and transparency.
- Expands the definition of “parent” to include a conservator of a child, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education.
Comments
Expansion of translated documents and creation of new timeline. This bill requires LEAs to translate a student’s IEP and related documents in the parent’s native language within a 30 day timeline. Existing law and regulations requires LEAs to:
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
- Provide proposed special education assessment plans to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
- Provide to a parent or guardian a copy of a student’s IEP in his or her primary language at the parent’s request.
- Send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English (not specific to documents related to special education).
This bill codifies existing regulations that require LEAs to give parents a copy of a student’s IEP in the parent’s primary language at his or her request, requires translated copies of any evaluation, assessment or progress data used in relation to an IEP, and imposes a timeline of within 45 days of the IEP team meeting except as otherwise determined by a consent decree. This bill limits the requirements of this bill to apply only for the top eight languages, other than English, in each school district as determined by the CDE.
Clearinghouse for Multilingual Documents. The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps LEAs find pre-existing, locally-created translations of parental notification documents (related to the requirement to provide notices in the primary language if at least 15 percent of the school’s students speak a language other than English; not specifically related to special education). Access to these documents is limited to registered users. The Clearinghouse provides free access to numerous translated documents that other LEAs are willing to make available. LEAs may find translations, review them, and revise them to suit local needs.
According to the CDE, the database of multilingual documents contains some documents that would inform IEP development, but that since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms.
Need for qualified translators. This bill requires translators to be qualified, defined as a translator who has met the testing or certification standards for outside or contract translators, proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency. Will some LEAs have a difficult time finding qualified translators in certain languages and as a result miss the 30-day timeline?
In a joint letter from the United States Department of Education and the United States Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of Web-based translation of special education documents:
Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with LEP parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act.
[http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf]
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Unknown reimbursable state mandated costs, potentially in the low millions in Proposition 98 General Fund, to translate special education documents within 45 days of a request. Costs would vary depending upon a number of factors including the availability and cost of a qualified translator, how common the language is, how many pages to be translated, and the frequency of these requests.
- Minor costs to the CDE to revise its notice of procedural safeguards in multiple languages to notify parents of their right to request the translation of documents as provided in this bill.
Disability Rights California (source)
Ability Now Bay Area
All Children Matter
American Academy of Pediatrics
Apoyo de Padres Para Padres
Autism Society of Los Angeles
California Association for Bilingual Education
California Federation of Teachers
California State PTA
Coalition for Humane Immigrant Rights
Coalition of California Welfare Rights Organization, Inc.
Disability Rights Education & Defense Fund
Learning Rights Law Center
National Association of Social Workers, California Chapter
Public Advocates
Public Counsel
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Collaboration
Western Center on Law and Poverty
Numerous individuals
OPPOSITION: (Verified 5/25/17)
California Right to Life Committee
ARGUMENTS IN SUPPORT: According to Disability Rights California, the sponsor of this bill, “the IEP, through the identification of individual goals, objectives and services, is the cornerstone of ensuring that students with disabilities have access to a free and appropriate education. Because educational agencies have an existing state law obligation to provide translation, the required timelines in the bill are a reasonable way for districts to meet this existing obligation. SB 354 does much to level the playing field by ensuring that parents whose native language is not English have timely access to a translation of their child’s IEP and key documents to allow for meaningful involvement in their child’s education.”
ARGUMENTS IN OPPOSITION: According to the California Right to Life Committee (CRLC), “CRLC has serious concerns about the expanded definition of the concept of ‘parent’ for the purposes of SB 354. Various categories of support persons for a child are now subsumed into the concept of parent. CRLC is opposed to any effort to further separate parent from child, even in an effort to provide better services for the child requiring special education.”
5/27/17 18:17:13
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 354 (Portantino) - Special education: individualized education programs: translation services
Version: April 26, 2017 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 15, 2017 | Consultant: Lenin Del Castillo |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 45 days of the IEP team meeting.
Fiscal Impact:
- Unknown reimbursable state mandated costs, potentially in the low millions in Proposition 98 General Fund, to translate special education documents within 45 days of a request. Costs would vary depending upon a number of factors including the availability and cost of a qualified translator, how common the language is, how many pages to be translated, and the frequency of these requests.
- Minor costs to the California Department of Education (CDE) to revise its notice of procedural safeguards in multiple languages to notify parents of their right to request the translation of documents as provided in this bill.
Background:
Existing law requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. Further, it requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. Existing law also requires LEAs to give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian.
Existing law requires an LEA to take any action necessary to ensure that a parent or guardian of an individual with exceptional needs understands the proceedings at an IEP meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. State regulations require LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language upon request.
Written notice is required to be given to parents of a child with a disability in a reasonable time before the LEA proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child. The notice is required to be written in language understandable to the general public and provided in the native language of the parent or other mode of communication by the parent, unless it is not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the LEA must take steps to ensure that the notice is translated orally or by other means.
Existing law also requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or the primary language.
Proposed Law:
This bill requires an LEA to communicate in the native language of a parent during the planning process for an IEP, requires an LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 45 days of the IEP team meeting. Specifically, this bill:
- Requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the IEP, including during the IEP team meeting, and provide alternative communication services including by providing translation services for a parent.
- Requires LEAs to provide a student’s parent with a copy of the student’s completed IEP and any revisions to the IEP in the native language of the parent, or in another mode of communication used by the parent, within 45 days of the IEP team meeting if requested by the parent, except as otherwise determined by a consent decree, or within 45 days of a later request by the parent. This bill states that this provision shall not be construed to abridge any right of a parent, including the right to give or withhold consent to part or all of an IEP.
- Requires LEAs to provide a student’s parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting within 45 days of the IEP team meeting if requested by the parent, except as otherwise determined by a consent decree.
- Requires the documents to be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
- Limits the bill’s provisions regarding translations to the top eight languages in each school district, other than English, as determined by the CDE and reported on Dataquest.
- Requires the CDE to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Modifies the ability of LEAs to determine that it “is clearly not feasible” to provide written notice of procedural safeguards to parents in the native language to instead use the standard of creating an “undue hardship” pursuant to existing state regulations.
- Expands the statutory timelines affecting special education program to include the timeline for the production of translated copies of special education-related documents as specified by this bill.
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
Related Legislation:
AB 2091 (Lopez, 2016) would have required LEAs to provide parents with a translated copy of an IEP and other specified documents, upon request, and for the IEP and related documents to be translated by a qualified translator. This bill failed passage in the Senate Appropriations Committee.
Staff Comments:
This bill expands the requirements upon LEAs to translate special education documents. This bill codifies existing state regulations requiring LEAs to give a parent or guardian a translated IEP upon request, and additionally requires that the translation happen within 45 days of the IEP team meeting. This bill also requires LEAs to provide a copy of various documents discussed at an IEP team meeting upon request, within 45 days. These documents must be translated by a “qualified translator,” as specified.
According to federal guidance, there is no requirement in the Individuals with Disabilities Education Act (IDEA) or in its accompanying regulations that all IEP documents must be translated. Specifically, the guidance reads, “while providing written translations of IEP documents is not required under IDEA, we believe that in some circumstances it may help to show that a parent has been fully informed of the services his or her child will be receiving.” Therefore, it is possible that some of the documents required to be translated in this bill could result in a reimbursable state mandate. Assuming a simple IEP, or another IEP related document, of 10 pages at a cost of $30 to $80 per page and 10 percent of the special education and English learner population request a document to be translated, statewide costs could be between $6 and $16 million.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: SB 354 Hearing Date: April 19, 2017
Author: | |||
Version: | March 20, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Special education: individualized education programs: translation services
SUMMARY
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 30 days of the IEP team meeting.
BACKGROUND
Existing law:
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (Education Code § 56341.5)
- Requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (EC § 56321)
- Requires LEAs to give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian. (EC § 56341.5)
- Requires, through regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request.
(California Code of Regulations, Title 5, § 3040)
- Provides that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless to do so is clearly not feasible. (EC § 56506)
- Defines “consent” in special education proceedings to include situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (EC § 56021.1)
- Requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or their primary language. (EC § 48985)
- Provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code §11135)
- Defines a “recipient,” for purposes of non-discrimination in State-supported programs and activities, as any contractor, local agency, or person who regularly employs five or more persons and who receives State support in an amount in excess of $10,000 in the aggregate per State fiscal year or in an amount in excess of $1000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the State support.
(California Code of Regulations, Title 2, § 11150) - Provides that it is a discriminatory practice for a recipient to fail to take appropriate steps to ensure that alternative communication services are available to ultimate beneficiaries, except where the State agency determines that such a requirement would place an undue hardship on the recipient. (2 CCR § 11162)
- Defines “alternative communication services” as the method used or available for purposes of communicating with a person unable to read or speak or write in the English language, including but not limited to the provision of the services of a multilingual employee or an interpreter for the benefit of an ultimate beneficiary and the provision of written materials in a language other than English.
(2 CCR § 11161)
ANALYSIS
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 30 days of the IEP team meeting. Specifically, this bill:
- Requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the IEP, including during the IEP team meeting, and provide alternative communication services including by providing translation services for a parent.
- Requires local educational agency (LEAs) to provide a student’s parent with a copy of the student’s completed individualized education program (IEP) and any revisions to the IEP in the native language of the parent, or in another mode of communication used by the parent, within 30 days of the IEP team meeting if requested by the parent, or within 30 days of a later request by the parent. This bill states that this provision shall not be construed to abridge any right of a parent, including the right to give or withhold consent to part or all of an IEP.
- Requires LEAs to provide a student’s parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting within 30 days of the IEP team meeting if requested by the parent.
- Requires the documents to be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
- Requires the California Department of Education (CDE) to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Modifies the ability of LEAs to determine that it “is clearly not feasible” to provide written notice of procedural safeguards to parents in the native language to instead use the standard of creating an “undue hardship” pursuant to existing state regulations.
- Expands the statutory timelines affecting special education program to include the timeline for the production of translated copies of special education-related documents as specified by this bill (within 30 days of the IEP team meeting).
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
- Defines “qualified translator” as a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to confidentiality, neutrality, accuracy, completeness, and transparency.
- Expands the definition of “parent” to include a conservator of a child, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education
STAFF COMMENTS
- Need for the bill. According to the author, “Existing law requires local educational agencies (LEAs) to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program (IEP) of each individual with exceptional needs in accordance with federal law. Existing law requires the LEA to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. However, existing law does not set a timeline for when documents must be translated. For parents/guardians/educational rights holder, the IEP process can be very overwhelming and intimidating for someone who is not familiar with the process or terminology. Especially if that person’s primary language is not English. Although verbal translators are made available to parents/guardians/educational rights holders during IEP meetings, some terms in documents or processes may be lost in translation. LEAs are required to provide translated copies of the IEP, if requested. The problem occurs when the LEA does not provide the IEP in a timely manner and when the translated IEP is provided, in some cases, the document has not been translated accurately.”
- Expansion of translated documents and creation of new timeline. This bill requires LEAs to translate a student’s IEP and related documents in the parent’s native language within a 30 day timeline. Existing law and regulations requires LEAs to:
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
- Provide proposed special education assessment plans to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
- Provide to a parent or guardian a copy of a student’s IEP in his or her primary language at the parent’s request.
- Send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English (not specific to documents related to special education).
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
This bill codifies existing regulations that require LEAs to give parents a copy of a student’s IEP in the parent’s primary language at his or her request, requires translated copies of any evaluation, assessment or progress data used in relation to an IEP, and imposes a timeline of within 30 days of the IEP team meeting. It is likely that some LEAs will find it difficult to meet the 30-day timeline. Staff recommends an amendment to lengthen the timeline from 30 days to 45 days, except as otherwise determined by a consent decree.
- Are LEAs subject to requirements of the Government Code and related regulations? This bill requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program (IEP), and to provide alternative communication services (translation services) pursuant to specified sections of the Government Code and related regulations. The Government Code and related regulations relate to non-discrimination in state-supported programs and activities. Those provisions prohibit any person from being discriminated against or denied full and equal access to the benefits of any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Regulations define “recipients” of state programs or activities as any contractor, local agency, as specified.
Regulations also provide that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless it is clearly not feasible to do so. This bill instead requires the written notice to be in the native language or other mode or communication unless doing so creates an undue hardship. - How many languages? According to the California Department of Education (CDE), 2.7 million students speak a language other than English in their homes. That number of students represents approximately 43 percent of students in California public schools. The CDE collects data on 60 languages that are spoken by students; 94 percent speak one of the top ten languages in the State. Spanish is by far the most widely-used primary language (other than English), spoken by 84 percent of all English learners. Staff recommends an amendment to limit the scope of this bill to translations to the top eight languages in each school district, other than English, as determined by the CDE and reported on Dataquest.
- Clearinghouse for Multilingual Documents. The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps local educational agency (LEAs) find pre-existing, locally-created translations of parental notification documents (related to the requirement to provide notices in the primary language if at least 15 percent of the school’s students speak a language other than English; not specifically related to special education). Access to these documents is limited to registered users. The Clearinghouse provides free access to numerous translated documents that other LEAs are willing to make available. LEAs may find translations, review them, and revise them to suit local needs.
According to the CDE, the database of multilingual documents contains some documents that would inform individualized education program (IEP) development, but that since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms. - Need for qualified translators. This bill requires translators to be qualified, defined as a translator who has met the testing or certification standards for outside or contract translators, proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency. Will some local educational agencies have a difficult time finding qualified translators in certain languages and as a result miss the 30-day timeline?
In a joint letter from the United States Department of Education and the United States Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of web-based translation of special education documents:
“Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with LEP parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act.”
[http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf]
- Some local educational agencies (LEAs) currently meeting timeline for individualized education program (IEP) translation. The Los Angeles Unified School District is required to translate IEPs, but not related documents, pursuant to a modified consent decree as a result of a lawsuit. The San Diego Unified School District, by choice, has an “expected timeline” of 30 days for the initial IEP but does not provide a timeline for the translation of related documents.
- Fiscal impact. According to the Senate Appropriations Committee analysis of prior legislation (AB 2091, 2016) would have imposed “unknown reimbursable state mandate costs, but potentially in the millions to translate special-education documents within 60 days of a request. Federal special education law does not require that all IEP related documents to be translated but there are existing provisions requiring informed consent and parental notification in a parent’s native language related to providing special education services. The Commission on State Mandates may determine additional translation requirements to be a reimbursable state mandate. Costs would vary depending upon a number of factors including the availability and cost of a qualified translator, how common the language is, how many pages each document is that is requested to be translated, and the frequency of these requests.”
- Prior legislation. AB 2091 (Lopez, 2016) was similar to this bill but imposed a 60-day, rather than 30-day, timeline. AB 2091 was held in the Senate Appropriations Committee.
AB 1876 (Lopez, 2016) prohibited the California Department of Education from approving or renewing approval of a contractor or testing center to administer tests for a high school equivalency certificate unless the contractor or testing center provides the tests in English, Spanish, and Vietnamese, and provided that an examinee shall be permitted to take the test in any of these three languages. AB 1876 was referred to but never heard by this Committee.
SUPPORT
Disability Rights California (sponsor)
Ability Now Bay Area
All Children Matter
American Academy of Pediatrics
Apoyo de Padres Para Padres
California Association for Bilingual Education
California Federation of Teachers
California State PTA
Coalition for Humane Immigrant Rights
Coalition of California Welfare Rights Organization, Inc.
Disability Rights Education & Defense Fund
National Association of Social Workers, California Chapter
Public Advocates
Public Counsel
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Colloboration
Western Center on Law and Poverty
An individual
OPPOSITION
California Right to Life Committee
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: March 29, 2017
Author: | Portantino | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 30 days of the IEP team meeting.
BACKGROUND
Existing law:
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (Education Code § 56341.5)
- Requires proposed special education assessment plans to be provided to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (EC § 56321)
- Requires LEAs to give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian. (EC § 56341.5)
- Requires, through regulations, LEAs to give a parent or guardian a copy of a student’s IEP in his or her primary language at his or her request.
(California Code of Regulations, Title 5, § 3040)
- Provides that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless to do so is clearly not feasible. (EC § 56506)
- Defines “consent” in special education proceedings to include situations in which the parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (EC § 56021.1)
- Requires schools and school districts, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English, to send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English. Existing law authorizes the response from the parent or guardian to be in English or the primary language. (EC § 48985)
- Provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code §11135)
- Defines a “recipient,” for purposes of non-discrimination in State-supported programs and activities, as any contractor, local agency, or person who regularly employs five or more persons and who receives State support in an amount in excess of $10,000 in the aggregate per State fiscal year or in an amount in excess of $1000 per transaction, by grant, contract or otherwise, directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the State support.
(California Code of Regulations, Title 2, § 11150) - Provides that it is a discriminatory practice for a recipient to fail to take appropriate steps to ensure that alternative communication services are available to ultimate beneficiaries, except where the State agency determines that such a requirement would place an undue hardship on the recipient. (2 CCR § 11162)
- Defines “alternative communication services” as the method used or available for purposes of communicating with a person unable to read or speak or write in the English language, including but not limited to the provision of the services of a multilingual employee or an interpreter for the benefit of an ultimate beneficiary and the provision of written materials in a language other than English.
(2 CCR § 11161)
ANALYSIS
This bill requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 30 days of the IEP team meeting. Specifically, this bill:
- Requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the IEP, including during the IEP team meeting, and provide alternative communication services including by providing translation services for a parent.
- Requires local educational agency (LEAs) to provide a student’s parent with a copy of the student’s completed individualized education program (IEP) and any revisions to the IEP in the native language of the parent, or in another mode of communication used by the parent, within 30 days of the IEP team meeting if requested by the parent, or within 30 days of a later request by the parent. This bill states that this provision shall not be construed to abridge any right of a parent, including the right to give or withhold consent to part or all of an IEP.
- Requires LEAs to provide a student’s parent with a copy in the native language of the parent, or in another mode of communication used by the parent, of any evaluation, assessment, or progress data used to determine eligibility or to develop the IEP that is discussed at an IEP team meeting within 30 days of the IEP team meeting if requested by the parent.
- Requires the documents to be translated by a qualified translator who is proficient in both the English language and the non-English language to be used.
- Requires the California Department of Education (CDE) to revise its notice of procedural safeguards, in English and in the primary languages for which the CDE has developed translated versions, to inform parents of their right to request the translation of documents.
- Modifies the ability of LEAs to determine that it “is clearly not feasible” to provide written notice of procedural safeguards to parents in the native language to instead use the standard of creating an “undue hardship” pursuant to existing state regulations.
- Expands the statutory timelines affecting special education program to include the timeline for the production of translated copies of special education-related documents as specified by this bill (within 30 days of the IEP team meeting).
- Provides that this bill is not intended to affect any state or federal law requirement regarding the translation of education-related documents, including but not limited to the right to alternative communication services pursuant to existing requirements in the Government Code and implementing regulations.
- Defines “qualified translator” as a translator who has met the testing or certification standards for outside or contract translators, is proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to confidentiality, neutrality, accuracy, completeness, and transparency.
- Expands the definition of “parent” to include a conservator of a child, and clarifies that a person who holds the right to make educational decisions for a student may not necessarily be the guardian, for purposes of existing statutes related to special education
STAFF COMMENTS
- Need for the bill. According to the author, “Existing law requires local educational agencies (LEAs) to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program (IEP) of each individual with exceptional needs in accordance with federal law. Existing law requires the LEA to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. However, existing law does not set a timeline for when documents must be translated. For parents/guardians/educational rights holder, the IEP process can be very overwhelming and intimidating for someone who is not familiar with the process or terminology. Especially if that person’s primary language is not English. Although verbal translators are made available to parents/guardians/educational rights holders during IEP meetings, some terms in documents or processes may be lost in translation. LEAs are required to provide translated copies of the IEP, if requested. The problem occurs when the LEA does not provide the IEP in a timely manner and when the translated IEP is provided, in some cases, the document has not been translated accurately.”
- Expansion of translated documents and creation of new timeline. This bill requires LEAs to translate a student’s IEP and related documents in the parent’s native language within a 30 day timeline. Existing law and regulations requires LEAs to:
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
- Provide proposed special education assessment plans to parents in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
- Provide to a parent or guardian a copy of a student’s IEP in his or her primary language at the parent’s request.
- Send all notices, reports, statements, or records to the parent or guardian in the primary language, in addition to English, if 15 percent or more of the students enrolled in a public school speak a single primary language other than English (not specific to documents related to special education).
- Take any action necessary to ensure that parent understands the proceedings of an IEP team meeting, including providing an interpreter.
This bill codifies existing regulations that require LEAs to give parents a copy of a student’s IEP in the parent’s primary language at his or her request, requires translated copies of any evaluation, assessment or progress data used in relation to an IEP, and imposes a timeline of within 30 days of the IEP team meeting. It is likely that some LEAs will find it difficult to meet the 30-day timeline. Staff recommends an amendment to lengthen the timeline from 30 days to 45 days.
- Are LEAs subject to requirements of the Government Code and related regulations? This bill requires LEAs to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the IEP, and to provide alternative communication services (translation services) pursuant to specified sections of the Government Code and related regulations. The Government Code and related regulations relate to non-discrimination in state-supported programs and activities. Those provisions prohibit any person from being discriminated against or denied full and equal access to the benefits of any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Regulations define “recipients” of state programs or activities as any contractor, local agency, as specified.
Regulations also provide that it is a due process right for parents to receive written notice of his or her rights in language easily understood by the general public and in the native language of the parent, or other mode of communication used by the parent, unless it is clearly not feasible to do so. This bill instead requires the written notice to be in the native language or other mode or communication unless doing so creates an undue hardship. - How many languages? According to the California Department of Education (CDE), 2.7 million students speak a language other than English in their homes. That number of students represents approximately 43 percent of students in California public schools. The CDE collects data on 60 languages that are spoken by students; 94 percent speak one of the top ten languages in the State. Spanish is by far the most widely-used primary language (other than English), spoken by 84 percent of all English learners. Staff recommends an amendment to limit the scope of this bill to translations to languages where at least 15 percent of the school’s students speak a language other than English.
- Clearinghouse for Multilingual Documents. The CDE maintains a Clearinghouse for Multilingual Documents, an online resource that helps local educational agency (LEAs) find pre-existing, locally-created translations of parental notification documents (related to the requirement to provide notices in the primary language if at least 15 percent of the school’s students speak a language other than English; not specifically related to special education). Access to these documents is limited to registered users. The Clearinghouse provides free access to numerous translated documents that other LEAs are willing to make available. LEAs may find translations, review them, and revise them to suit local needs.
According to the CDE, the database of multilingual documents contains some documents that would inform individualized education program (IEP) development, but that since this project is a Title III service (federal English learner statute) and the IEP is not a Title III obligation, it does not include special education forms. - Need for qualified translators. This bill requires translators to be qualified, defined as a translator who has met the testing or certification standards for outside or contract translators, proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used, and has knowledge of basic translator practices, including but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency. Will some local educational agencies have a difficult time finding qualified translators in certain languages and as a result miss the 30-day timeline?
In a joint letter from the United States Department of Education and the United States Department of Justice dated January 7, 2015, the departments raised several issues with regard to the use of web-based translation of special education documents:
“Some school districts have used web-based automated translation to translate documents. Utilization of such services is appropriate only if the translated document accurately conveys the meaning of the source document, including accurately translating technical vocabulary. The Departments caution against the use of web-based automated translations; translations that are inaccurate are inconsistent with the school district’s obligation to communicate effectively with LEP parents. Thus, to ensure that essential information has been accurately translated and conveys the meaning of the source document, the school district would need to have a machine translation reviewed, and edited as needed, by an individual qualified to do so. Additionally, the confidentiality of documents may be lost when documents are uploaded without sufficient controls to a web-based translation service and stored in their databases. School districts using any web-based automated translation services for documents containing personally identifiable information from a student's education record must ensure that disclosure to the web-based service complies with the requirements of the Family Educational Rights and Privacy Act.”
[http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf]
- Some local educational agencies (LEAs) currently meeting timeline for individualized education program (IEP) translation. The Los Angeles Unified School District is required to translate IEPs, but not related documents, pursuant to a modified consent decree as a result of a lawsuit. The San Diego Unified School District, by choice, has an “expected timeline” of 30 days for the initial IEP but does not provide a timeline for the translation of related documents.
- Fiscal impact. According to the Senate Appropriations Committee analysis of prior legislation (AB 2091, 2016) would have imposed “unknown reimbursable state mandate costs, but potentially in the millions to translate special-education documents within 60 days of a request. Federal special education law does not require that all IEP related documents to be translated but there are existing provisions requiring informed consent and parental notification in a parent’s native language related to providing special education services. The Commission on State Mandates may determine additional translation requirements to be a reimbursable state mandate. Costs would vary depending upon a number of factors including the availability and cost of a qualified translator, how common the language is, how many pages each document is that is requested to be translated, and the frequency of these requests.”
- Prior legislation. AB 2091 (Lopez, 2016) was similar to this bill but imposed a 60-day, rather than 30-day, timeline. AB 2091 was held in the Senate Appropriations Committee.
AB 1876 (Lopez, 2016) prohibited the California Department of Education from approving or renewing approval of a contractor or testing center to administer tests for a high school equivalency certificate unless the contractor or testing center provides the tests in English, Spanish, and Vietnamese, and provided that an examinee shall be permitted to take the test in any of these three languages. AB 1876 was referred to but never heard by this Committee.
SUPPORT
Disability Rights California (sponsor)
California Association for Bilingual Education
Coalition for Humane Immigrant Rights
Coalition of California Welfare Rights Organization, Inc.
OPPOSITION
California Right to Life Committee
-- END --
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
5MIN
Assembly Standing Committee on Education
3MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
1MIN
Senate Standing Committee on Appropriations
17MIN
Senate Standing Committee on Education
Bill Author
