Assembly Bill 1938 (AB 1938) requires that a local educational agency consider a number of factors when implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age who are deaf, hard of hearing, or deaf-blind. Specifically, AB 1938 requires the local education agencies to consider the following:
- Ensure the exclusion of pupils from regular educational environments occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
- The pupil’s individualized family service plan and individualized education program team must consider the pupil’s language and communication needs, opportunities for direct communication with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode.
- Requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’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 pupil.
- That meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil.
- The decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, which includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs.
- That an individualized education program team, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program.
- The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals.
- The importance of actively involving and respecting the input and choices of the parents or guardians of pupils.
AB 1938 requires the Department of Education to communicate the requirements of the bill on or before July 1, 2025, to all local educational agencies and charter schools, as well as nonpublic, nonsectarian schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind.
AB 1938 makes clear that none of the bill’s requirements shall be construed to modify or affect the rights of pupils with disabilities pursuant to the federal Individuals with Disabilities Education Act.
Finally, AB 1938 defines “local education agency” to mean a school district, county office of education, or charter school.
(AB 1938 adds section 56040.6 to the Education Code.)
