SB 354: Special education: individualized education programs: translation services.

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.