BILL NUMBER: AB 1017 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 20, 2003
An act to amend Sections 59002.5, 59003, 59006, 59030.5, 59102.5,
and 59300 of, and to add Sections 59001.2, 59001.4, 59002.7, 59015,
and 59046 to, the Education Code, relating to special schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1017, as introduced, Goldberg. State special schools.
Existing law establishes the California School for the Deaf and
the California School for the Blind, known as the state special
schools. Existing law requires that pupils be maintained at the
expense of the state, except that the school district of residence of
a parent or guardian of a pupil attending a state special school,
except day pupils, is required to pay the school of attendance 10% of
the average cost of education per pupil.
This bill would make state special schools eligible to apply for
and to receive categorical education funds, unless otherwise
prohibited by law.
This bill would require the Superintendent of Public Instruction,
commencing with the 2004-05 school year, to cause a School
Accountability Report Card to be implemented for each state special
school.
This bill would require the State Department of Education to test
pupils in schools of the deaf, using specified tests, in written
English and reading and in speech and auditory skills, and to utilize
an age-equivalent American Sign Language test when it is developed.
Existing law authorizes the Superintendent of Public Instruction
to allow schools for the deaf to establish and maintain training
courses for the purpose of preparing credential holders for
instructing the hearing impaired.
This bill would set forth hiring preferences for certificated
employees and classified employees based on test scores on the
American Sign Language Proficiency Index. The bill would, commencing
the 2007-08 school year, require certificated employees to
satisfactorily complete the American Sign Language Proficiency Index
test every 3 years, except as specified.
Existing law, the federal Individuals with Disabilities Education
Act (IDEA), requires school districts, county offices of education,
and special education local plan areas to comply with state laws that
conform to the IDEA in order that the state may qualify for federal
funds available for the education of individuals with exceptional
needs. The IDEA requires that a pupil with exceptional needs be
accommodated through the creation and implementation of an
individualized education plan.
This bill, commencing with the 2004-05 school year, would require
that a pupil who is deaf but otherwise has no exceptional needs be
subject to the Standardized Testing and Reporting Program instead of
an alternative testing program, to the extent that doing so conforms
with the pupil's individualized education plan.
This bill would allow the California School for the Deaf to
maintain an "open door policy" that allows parents or guardians to
visit their child's classroom.
This bill would create a parent community advisory committee for
the California School for the Deaf.
This bill would require the State Department of Education to
conduct a study and report to the Legislature its findings concerning
the recruitment of state special school teachers and methods by
which state special schools may graduate more pupils, on or before
January 1, 2006.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 59001.2 is added to the Education Code, to
read:
59001.2. The Legislature finds and declares all of the following:
(a) It is essential for the well-being and growth of deaf and
hard-of-hearing pupils that educational programs recognize the unique
nature of deafness and ensure that all deaf and hard-of-hearing
pupils have appropriate, ongoing, and fully accessible educational
opportunities.
(b) It is essential that a deaf or hard-of-hearing pupil obtain an
education in which special education teachers, psychologists, speech
therapists, assessors, administrators, and other school and
residential program personnel understand the unique nature of
deafness and are trained to work with a deaf or hard-of-hearing
pupil.
(c) It is essential that a deaf or hard-of-hearing pupil obtain an
education in which his or her special education teachers are
proficient in the primary language mode of that pupil.
(d) It is essential that a deaf or hard-of-hearing pupil obtain an
education in which his or her parents are involved in determining
the extent, content, and purpose of programs.
(e) It is essential that a deaf or hard-of-hearing pupil, like all
pupils, have programs in which his or her unique vocational needs
are provided for, including appropriate research, curricula,
programs, staff, and outreach.
SEC. 2. Section 59001.4 is added to the Education Code, to read:
59001.4. It is the intent of the Legislature that programs at the
California School for the Deaf provide all of the following:
(a) Each pupil should be assured an education appropriate to his
or her needs in publicly supported programs through completion of his
or her prescribed course of study or until the time that he or she
has met proficiency standards.
(b) Each pupil should have his or her educational goals,
objectives, special education, and related services specified in a
written individualized education program.
(c) Procedures and materials for assessment and placement of
individuals with exceptional needs should be selected and
administered so as not to be racially, culturally, or sexually
discriminatory. No single assessment instrument should be the sole
criterion for determining placement of a pupil. The procedures and
materials for assessment and placement should be in the individual's
mode of communication of the individual. All assessment materials
and procedures should be selected and administered pursuant to
Section 56320.
(d) Psychological and health services for individuals with
exceptional needs should be available to each schoolsite.
(e) Continuous evaluation of the effectiveness of these education
programs should be made to ensure the highest quality educational
offerings.
(f) Appropriate qualified staff should be employed, consistent
with credentialing requirements, to fulfill the educational
responsibilities, and positive efforts are made to employ qualified
deaf and hard-of-hearing individuals.
(g) Educational and residential program personnel should be
adequately prepared to provide educational instruction and services
to individuals with exceptional needs in the appropriate
communication mode, including American Sign Language.
(h) There should be appropriate access to information and training
in American Sign Language for parents and pupils to ensure that they
are able to appropriately communicate with their families.
SEC. 3. Section 59002.5 of the Education Code is amended to read:
59002.5.
(a)
The Superintendent of Public Instruction,
in connection with the California
Schools
School
for the Deaf and in cooperation with public and private
agencies, may do one or more of the following:
(a)
(1)
Serve as a demonstration school to promote personnel
development through student teaching, in-service education,
internships, professional observations for special education and
related services personnel
,
in cooperation with
institutions of higher education and local education agencies.
(b)
(2)
Serve as a resource center to develop and disseminate
special curriculum, media teaching methods, and instructional
materials adapted for deaf individuals, achievement tests
,
and other assessment methods useful to the instruction of deaf
individuals.
(c)
(3)
Provide counseling and information services for parents,
guardians, and families of deaf individuals, and
provide
public information about deafness to community groups and other
agencies.
(d)
(4)
Conduct experimental programs and projects to promote
improvement in special education for deaf individuals.
(e)
(5)
Promote and coordinate community and continuing
education opportunities for deaf individuals utilizing existing
community resources.
(b) Commencing with the 2004-05 school year, the Superintendent of
Public Instruction shall, by the beginning of each school year,
cause to be implemented a School Accountability Report Card for each
state school for the deaf. The School Accountability Report Card
shall comply with Section 33126.
SEC. 4. Section 59002.7 is added to the Education Code, to read:
59002.7. Commencing with the 2004-05 school year, a deaf pupil
who has no exceptional needs other than those related to hearing
impairment shall be subject to the Standardized Testing and Reporting
Program pursuant to Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33, as though he or she was not an individual with
exceptional needs, only to the extent that this would conform with
the individualized education plan of the pupil.
SEC. 5. Section 59003 of the Education Code is amended to read:
59003. The State Department of Education in relation to the
California
Schools School
for the Deaf
shall:
(a) Prescribe rules for the government of the schools.
(b) Appoint the superintendents and other officers and employees.
(c) Remove for cause any officer, teacher, or employee.
(d) Fix the compensation of officers, teachers, and employees.
(e) Test pupils, if not already tested, using tests that are
available for use in the Standardized Testing and Reporting Program
administered pursuant to Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33 and the High School Exit Examination
administered pursuant to Section 60851, to the extent those
assessments are appropriate, in written English and reading, and
utilize intensive written English and reading curriculum for
implementation by the 2004-05 school year.
(f) Subject to the pupil's individualized education plan, test
pupils, if not already tested, in speech and auditory skills, and
provide speech and auditory skills curriculum, subject to
individualized education plans, for implementation by the 2004-05
school year.
(g) Utilize an age-appropriate American Sign Language test for
pupils in the California School for the Deaf to be implemented in the
2005-06 school year.
SEC. 6. Section 59006 of the Education Code is amended to read:
59006.
(a)
The Superintendent of Public Instruction
may authorize the California
Schools School
for the Deaf to establish and maintain teacher training courses
designed to prepare teachers of the public schools and
such
other persons holding a credential issued by the State
Board of Education as are recommended by the president of a campus of
the California State University, to give instruction to the deaf and
the hard of hearing. The Superintendent of Public Instruction shall
prescribe standards for the admission of persons to the courses, and
for the content of the courses.
The
(b) The California Schools School
for the Deaf may enter into agreements with the Trustees of the
California State University, the University of California, or any
other university or college accredited by the State Board of
Education as a teacher training educational institution, to provide
practice teaching required for issuance of the credential authorizing
the holder to teach the deaf and severely hard of hearing. The
agreement may provide a reasonable payment, for services rendered, to
teachers of the California
Schools School
for the Deaf who have practice teachers under their direction.
(c) Commencing with the 2004-05 school year, all of the following
shall become operative:
(1) For purposes of employing a certificated employee, hiring
preference shall first be given to those candidates who achieve a
minimum score of four on the American Sign Language Proficiency Index
(ASLPI) test, second to those candidates who achieve a minimum score
of three on the ASLPI test, and finally to those candidates who
achieve a minimum score of two on the ASLPI test. A candidate who
scores less than two on the ASLPI test is not eligible for
employment.
(2) For purposes of employing a classified employee who will have
contact with a pupil in the course of his or her employment, hiring
preference shall first be given to those candidates who achieve a
minimum score of two on the ASLPI test and second to those candidates
who achieve a score of one or below on the ASLPI test.
(3) For purposes of employing a classified employee who will, in
the course of his or her employment, spend at least 50 percent of the
workday in contact with pupils, hiring preference shall first be
given to those candidates who achieve a minimum score of three on the
ASLPI test, second to those candidates who achieve a minimum score
of two on the ASLPI test, and finally to those candidates who achieve
a score of one or below on the ASLPI test.
(4) For purposes of employing a substitute teacher, hiring
preference shall first be given to those candidates who achieve a
minimum score of four on the ASLPI test, second to those candidates
who achieve a minimum score of three on the ASLPI test, and finally
to those candidates who achieve a minimum score of two on the ASLPI
test. A candidate who scores less than two on the ASLPI test is not
eligible for employment.
(d) Commencing in the 2007-08 school year, a certificated employee
shall satisfactorily complete the ASLPI test every three years.
This requirement does not apply to a certificated employee who
achieves a score of four on the ASLPI test and remains continuously
employed in a school providing instruction to deaf or
hearing-impaired pupils.
(e) Failure by an employee of the ASLPI test may not result in
disciplinary action of any kind. If an employee fails the ASLPI
test, he or she shall take additional American Sign Language classes
until he or she passes the test with an appropriate score.
SEC. 7. Section 59015 is added to the Education Code, to read:
59015. (a) A parent community advisory committee shall be
established at each California School for the Deaf. The committee
shall be composed of the site superintendent, teachers at the school,
other school personnel, parents of pupils attending the school, and
community and business representatives in the community. The
majority of members of the committee shall be parents. Each
committee shall adopt bylaws for its operation.
(b) The role of the committee is to assist the school to bring
about cooperation and coordination of community resources within the
area served by the school that may be of value to the deaf and
hard-of-hearing pupils, their parents, and the school. In achieving
this purpose, the responsibilities of the committee shall be defined
in the bylaws and may include, but are not limited to:
(1) Advising the administration of the school regarding the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.).
(2) Assisting in parent and family education and in recruiting
family members and other volunteers to contribute to the school.
(3) Encouraging public involvement in the school.
(4) Facilitating communication between the school, parents, and
the school community.
(5) Providing support to parents and family members, staff,
pupils, and the school community for any programs impacting the deaf
and hard-of-hearing community.
SEC. 8. Section 59030.5 of the Education Code is amended to read:
59030.5. The Superintendent of Public Instruction shall
allow
allocate to the California
Schools
School
for the Deaf, an amount not to
exceed three hundred eighty-nine dollars ($389) per fiscal year per
unit of average daily attendance of each deaf pupil attending one of
the schools as a five-day residential pupil for the purpose of
providing transportation to and from the pupil's home on weekends and
school holiday periods. In no case shall the total apportionment
made to the schools exceed the actual total transportation
expenditures of the schools.
The
administrators administrator of
such schools each school
shall arrange
for transportation of
such
pupils utilizing the
most practical means
,
including, but not limited to,
commercial bus, rail, or air, charter bus or private passenger
vehicle.
The school shall ensure that aides or staff members
who are skilled in American Sign Language accompany pupils on
schoolbuses used on contract by the school.
SEC. 9. Section 59046 is added to the Education Code, to read:
59046. The California School for the Deaf may maintain an "open
door policy" that allows parents or guardians to visit the classroom
and view the instruction of their children, with proper notice to
administrators.
SEC. 10. Section 59102.5 of the Education Code is amended to read:
59102.5.
(a)
The Superintendent of Public Instruction,
in connection with the California School for the Blind and in
cooperation with public and private agencies, may:
(a)
(1)
Serve as a demonstration school to promote personnel
development through student teaching, in-service education,
internships, and professional observations for special education and
related services personnel, in cooperation with institutions of
higher education and local education agencies.
(b)
(2)
Serve as a resource center to develop and disseminate
special curriculum, media, teaching methods and instructional
materials adapted for visually impaired, blind, and deaf-blind
individuals, achievement tests, and other assessment methods useful
to the instruction of visually impaired, blind, and deaf-blind
individuals.
(c)
(3)
Provide counseling and information services to parents,
guardians, and families of visually impaired, blind, or deaf-blind
individuals, and
provide
public information about sensory
losses to community groups and other agencies.
(d)
(4)
Conduct experimental programs and projects to promote
improvement in special education for visually impaired, blind, and
deaf-blind individuals.
(e)
(5)
Promote community and continuing education opportunities
for visually impaired, blind, and deaf-blind individuals utilizing
existing community resources.
(b) Commencing with the 2004-05 school year, the Superintendent of
Public Instruction shall, by the beginning of each school year,
cause to be implemented a School Accountability Report Card for the
California School for the Blind. The School Accountability Report
Card shall comply with Section 33126.
SEC. 11. Section 59300 of the Education Code is amended to read:
59300.
(a)
Notwithstanding any provision of this part
to the contrary, the district of residence of the parent or guardian
of any pupil attending a state-operated school pursuant to this part,
excluding day pupils, shall pay the school of attendance for each
pupil an amount equal to 10 percent of the excess annual cost of
education of pupils attending a state-operated school pursuant to
this part.
These funds shall be earmarked solely for the state
special schools and may not be used for any other purpose by the
State Department of Education.
(b) State special schools are eligible to apply for and receive
categorical education funds, unless otherwise prohibited by law.
SEC. 12. On or before January 1, 2006, the State Department of
Education shall conduct a study and report its findings to the
Legislature concerning all of the following:
(a) Methods by which credentialed employees may be attracted to a
career in state special schools.
(b) Methods by which the number of graduates from state special
schools may be increased.

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