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SB-1174 Special education: dyslexia testing.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
SB1174:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1174


Introduced by Senator Portantino

February 20, 2020


An act to amend Section 56337.5 of the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


SB 1174, as introduced, Portantino. Special education: dyslexia testing.
Existing law requires the Superintendent of Public Instruction to develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents to identify and assess pupils with dyslexia, as provided. Existing law requires a pupil who is assessed as being dyslexic and meets specified eligibility criteria to be entitled to special education and related services.
This bill would require, on or before June 30, 2021, the State Board of Education to identify at least one assessment or series of assessments to be used by a local educational agency, as defined, to screen pupils for risk of dyslexia, as provided. The bill would require, beginning in the 2021–22 school year, and annually thereafter, a local educational agency serving pupils in any of the grades kindergarten to grade 2, inclusive, to screen each pupil in those grades for dyslexia by using the assessment identified above, as provided. The bill would require results from the screening, among other things, to be made available to an assessed pupil’s parent or guardian in a timely manner. By expanding the duties of a local educational agency, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 56337.5 of the Education Code is amended to read:

56337.5.
 
(a) (1) (A) On or before June 30, 2021, the board shall identify at least one assessment or series of assessments to be used by a local educational agency to screen pupils for risk of dyslexia. The tools used in the assessment shall include, but not be limited to, all of the following:
(i) Phonological and phonemic awareness.
(ii) Sound symbol recognition.
(iii) Alphabet knowledge.
(iv) Decoding skills.
(B) This paragraph does not prohibit the board from periodically adding to the list described in subparagraph (A).
(2) Beginning in the 2021–22 school year, and annually thereafter, a local educational agency serving pupils in any of the grades kindergarten to grade 2, inclusive, shall screen each pupil in kindergarten to grade 2, inclusive, for dyslexia by using a state-approved assessment identified in paragraph (1), unless objected to in writing by the pupil’s parent or guardian.
(3) Results from the screening shall be made available to an assessed pupil’s parent or guardian in a timely manner and shall include information as to how the parent or guardian can access, on the department’s internet website, information about dyslexia program guidelines developed by the Superintendent pursuant to Section 56335.
(4) If a pupil from another state enrolls for the first time in any of the grades kindergarten to grade 2, inclusive, in the middle of the school year, the local educational agency shall screen the pupil for dyslexia upon enrollment, unless the parent or guardian objects in writing or presents documentation that the pupil had a similar screening in their prior state of residence and the parent or guardian was made aware of the results.
(5) For purposes of this subdivision, a “local educational agency” means a school district, county office of education, or charter school.

(a)

(b) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) category of specific learning disabilities is entitled to special education and related services.

(b)

(c) If a pupil who exhibits the characteristics of dyslexia or another related reading dysfunction is not found to be eligible for special education and related services pursuant to subdivision (a), (b), the pupil’s instructional program shall be provided in the regular education program.

(c)

(d) It is the intent of the Legislature that the assessment identified in subdivision (a) and the program guidelines developed pursuant to Section 56335 and Section 2 of Chapter 1501 of the Statutes of 1990, for specific learning disabilities, including dyslexia and other related disorders, be available for use by teachers and parents in order for them the teachers and parents to have knowledge of the strategies that can be utilized used with pupils for the remediation of the various types of specific learning disabilities. disabilities and so that parents understand their rights.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.