DRAFT Legislation: Full Text

DRAFT

ECC and Workload Analysis Mandate Bill

Rev 9/30/22

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1. Section 56352.5 is added to the Education Code, to read:  56352.5. The Legislature finds and declares all of the following: 

(a) A child with any level of visual impairment, including a child with multiple  disabilities or who is deaf-blind, has the right to early intervention or instruction  provided by highly trained and qualified teachers of the visually impaired and certified  orientation and mobility specialists that is timely, ambitious, and results in the highest  possible achievement for each child. 

(b) A child with a visual impairment has the right to a functional vision evaluation and a learning media assessment by a highly trained and qualified teacher of the visually impaired to determine appropriate services following the initial clinical eye exam. 

(c) A parent of a child with a visual impairment has the right to assistance from a highly trained and qualified teacher of pupils with visual impairments and a  credentialed orientation and mobility specialist in interpreting the educational implications of the visual impairment, as well as the right to seek assistance rom  regional or national agencies, including consumer advocacy organizations, which can  help parents make informed decisions on behalf of their child. 

(d) As required in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a child who is blind, visually impaired, or deaf-blind shall,  pursuant to the individualized education program, have the right to instruction in braille  and the use of braille unless the individualized education plan team determines, after  an evaluation of the child’s reading and writing skills, needs, and appropriate reading  and writing media, including an evaluation of the child’s future needs for instruction  in braille or the use of braille, that instruction in braille or the use of braille is not  appropriate for the child. 

(e) A child with a visual impairment and the child’s family have the right to be  fully informed about the expanded core curriculum, as defined in subdivision (c) of  Section 56353. A child with a vision impairment has the right to assessment and  instruction, in school and in their communities, in every area of the expanded core  curriculum that is deemed appropriate by the educational team, and that includes the  parent or guardian as the primary decision makers and includes the pupil when  appropriate. The expanded core curriculum is equal in importance to the standard  academic curriculum and shall not be overlooked in the educational plan. 

(f) A child with a visual impairment has the right to receive school materials that are accessible and in the preferred format, and at the same time as their sighted peers. A child with a visual impairment has an absolute right to testing procedures and  instruments that are fair and accessible, that take into consideration the results of the  functional vision evaluation, and that include all accommodations identified in the  individualized education program. 

(g) It is the right of a child with a visual impairment and the child’s family to  have a full range of placement settings that shall be discussed at individualized education  program meetings, including the variety of unique programs and options offered in  specialized schools or services for children who are blind, visually impaired, or  deaf-blind. In this regard, the Legislature finds that a specialized school may offer the best opportunity for achievement and be the least restrictive environment for some  children. 

(h) A child with a visual impairment has the right to teams that enthusiastically assist the child in preparing for transition to independence and adulthood. 

(i) A child with a visual impairment, including a child with multiple disabilities or who is deaf-blind, has the right to be perceived and treated as an equal, active, and  contributing member of the child’s community, classroom, and school. As with all  children, their engagement through belonging increases the collective value of each  setting within which they participate. 

SEC. 2. Section 56353 of the Education Code is amended to read: 

56353. (a) The Legislature finds and declares that the both of the following:

(1) The expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired. impaired, regardless of whether the pupil has other disabilities. In order to receive an education that will enable a pupil with a vision impairment to maximize their potential, it is essential that these pupils  receive instruction in the expanded core curriculum, which is a group of concepts and  skills that often require specialized instruction in order to compensate for decreased  opportunities to learn incidentally by observing others.

(2) Although a school district has the discretion to provide these services to a  pupil who is blind, has low vision, or is visually impaired, a school district is not required to either evaluate a pupil’s need for these services or provide these services, thus depriving these pupils of essential services. 

(b) A local educational agency shall assess the need for, and to the extent deemed  necessary in a pupil’s individualized education plan, provide to each pupil who is blind,  has low vision, or is visually impaired, regardless of whether or not the pupil has other disabilities, instruction in all of the services specified in the expanded core curriculum  as defined in subdivision (c). Evaluation of the need for, and the provision of instruction  in, the services specified in the expanded core curriculum shall be carried out by a multidisciplinary team, as follows: 

1. Evaluation of the need for, and the provision of instruction in, the services  specified in paragraph (1) of subdivision (c) shall be carried out by a credentialed  teacher of the visually impaired, with the assistance of in collaboration with appropriate specialists.

2. Evaluation of the need for, and the provision of instruction in, the services specified in paragraph (2) of subdivision (c) shall be carried out by a credentialed  orientation and mobility specialist, with the assistance of in collaboration with appropriate specialists.

 3. Evaluation of the need for services specified in paragraphs (3) to (9), inclusive, of subdivision (c) shall be carried out jointly by a credentialed teacher of the visually impaired and a credentialed orientation and mobility specialist, in  collaboration with relevant specialists, as appropriate.

4. Instruction in the services specified in paragraphs (3) to (9), inclusive, of subdivision (c) shall be provided by the individuals determined as appropriate by the individualized education program team.

(c) The expanded core curriculum is defined to be all of the following: 

(1) Compensatory skills, such as braille and concept development and other skills needed to access the core curriculum. 

(2) Orientation and mobility. 

(3) Social interaction skills. 

(4) Career technical education. 

(5) Assistive technology, including optical devices. 

(6) Independent living skills. 

(7) Recreation and leisure. 

(8) Self-determination. 

(9) Sensory efficiency. 

(d) When appropriate to ensure that a pupil will receive adequate services under this section, or when providing these services during school hours would interfere with the pupil’s academic opportunities, the IEP team shall provide those services outside of school hours, subject to the consent of the student’s legal representative.

(e) Services shall be provided in a home or community setting when necessary to ensure that instruction is effective and appropriate.

(f) A local educational agency may provide training to parents and other individuals on the elements of the expanded core curriculum, as defined in subdivision 

(g) A teacher of the blind or visually impaired or an orientation and mobility specialist may, for purposes of implementing the requirements of this section, interact  with individuals and organizations that provide services to persons who are blind,  visually impaired, or deaf-blind. 

(h) For purposes of this section, “local educational agency” means a school  district, county office of education, or charter school. 

SEC. 3.  Section 56353.1 is added to the Education Code, to read:

56353.1. (a) A teacher of students with visual impairments and an orientation and mobility specialist shall have sufficient time during their contracted work hours to fulfill the requirements identified in all areas of the Expanded Core Curriculum for each student, as well as to perform all the other workload tasks required of these positions.

(b) A teacher of students with visual impairments and an orientation and mobility specialist shall, in making recommendations for both service intensity and workload level, use workload analysis tools and/or procedures that are supported by the professional literature in the field of services for pupils with visual impairment.  These workload analysis tools and/or procedures shall consider the time required for all of the following: 

(1) Direct instruction.

(2) Consultation.

(3) Preparing materials, including consideration of the availability of support staff who assist with preparing those materials.

(4) Travel needed to perform any of these duties.

(5) The time required for tasks related to adhering to applicable federal, state, and local requirements for attending meetings and producing reports.  

(c) The local area agency’s administrator responsible for overseeing vision services shall review the workload analysis at least annually.  The results of the workload analysis shall be used to make appropriate case assignments for individual teachers and to make decisions about hiring Teachers of the Visually Impaired, Orientation & Mobility Specialists, and support staff for the vision services department.

SEC. 4. 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. 

(1) Existing law establishes a right of individuals with exceptional needs to receive a free appropriate public education, and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. Existing law provides for individualized education programs for blind, low vision, and visually impaired pupils, as defined. Existing law expresses legislative findings and declarations relating to the need for blind or visually impaired pupils to receive instruction in the expanded core curriculum, as defined. Existing law authorizes school districts, county offices of education, and charter schools to consider elements of the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired.

This bill would make additional findings and declarations, and would instead require school districts, county offices of education, and charter schools to assess the need for, and to the extent deemed necessary in a pupil’s individualized education plan, provide each pupil who is blind, has low vision, or is visually impaired instruction in all of the services specified in the expanded core curriculum, as provided. The bill would authorize those local educational agencies to provide training to parents and other individuals on the elements of the expanded core curriculum and would authorize specified teachers or orientation and mobility specialists to interact with certain individuals and organizations for purposes of implementing these provisions.

By imposing new duties on local educational agencies, the bill would constitute a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.