Governor Newsom Signs Senate Bill 445 into Law

Authored by Senator Portantino, and co-sponsored by Innovate Public Schools, Disability Rights California, and Educate.Advocate. SB 445 requires the forthcoming statewide IEP template under development by the California Collaborative for Excellence in Education to be translated into the top 10 most commonly spoken languages used across the state and to make those templates available on its website by January 1, 2027, or no later than 18 months after the template is digitally posted.

On September 28, 2024, Governor Gavin Newsom signed Senate Bill 445 into law. SB 445 was authored by Senator Portantino and co-sponsored by Innovate Public Schools, Disability Rights California, and Educate.Advocate. Over the past two years, Innovate co-led a coalition of community based organizations to champion this bill and urge the state to prioritize the needs of students with learning differences and their families. The coalition included Disability Rights California, Educate.Advocate., SpEducational, EdVoice, Visión y Compromiso, TeachPlus, Special Needs Network, Parents Helping Parents, and GO Public Schools, among others. This new legislation represents an important step forward in addressing the language barrier many parents of special education students face as they navigate the Individualized Education Program (IEP).

SB 445 requires the forthcoming statewide IEP template under development by the California Collaborative for Excellence in Education to be translated into the top 10 most commonly spoken languages used across the state and to make those templates available on its website by January 1, 2027, or no later than 18 months after the template is digitally posted.

“Many parents don’t speak English but yet have students who require IEPs. Some schools take as long as a year to properly translate them, shortchanging an entire year of education for too many students,” stated Senator Portantino. “We should be doing everything we can, as early as possible in a child’s academic life, to provide the services necessary for each child to reach their potential and achieve success. Though I had hoped to move the needle further, I am heartened by this incremental step forward and thankful to the Governor for signing the measure into law. SB 445 is a path forward for parents to be able to understand their child’s IEP and be involved in their child’s academic life.”

The IEP process can be overwhelming and intimidating for parents and guardians who are not familiar with the terminology – especially, if their home language is not English. Local education agencies (LEAs) are required to provide translated copies of the IEP, if requested. However, there are no federal or state laws mandating how quickly translated documents must be provided or clarifying who is a qualified vendor. The result of this is some families waiting months for a translated IEP document and without the opportunity to meaningfully engage in their child’s education and/or provide informed consent. Although districts may face different barriers in finding qualified vendors or paying for written translation, families and students with learning differences should not have to bear the burden of these systemic challenges.

“For me it is an achievement, we have worked for a long time on this bill with Senator Portantino’s office. Starting to advocate on a state level for better interpretation in IEP meetings is something important, this is an issue that benefits many families, if there is a good translation parents most likely will be better involved in their children’s education. This bill empowers many families at the state level, it also makes districts do their job better and be in compliance.” says Carmen Rodriguez, a volunteer parent leader who organizes for better special education policies with Innovate Public Schools in San Francisco and at the state level.

This bill is a direct outcome of the powerful organizing work of Innovate’s local community organizing work, which successfully passed a district wide translation and interpretation policy in San Francisco Unified School District. This inspired Innovate’s Statewide Parent Leader Board  to push similar legislation at the state level, finding partnership with Senator Portantino –a well known special education champion.

“We are very glad Governor Newsom has signed SB 445 into law,” stated Joanna French, Senior Director of Research and Policy Strategies for Innovate Public Schools. “We celebrate and thank Senator Portantino for his continued leadership and commitment to this issue – he is a special education champion and we hope to find new partnership on this issue in the state legislature. Equitable and timely access to translated documents for families during the IEP process is essential to student success and meaningful family engagement. By passing SB 445, we will reduce the delays far too many families experience in getting IEPs translated into their home language. We hope this bill represents one of many more steps our state will take to prioritize students with learning differences and their families.”

Although Governor Newsom signed SB 445 into law, there’s more work to be done for special education students and students with disabilities. Parent leaders and education advocates call for a statewide approach to addressing the significant systemic challenges parents and guardians face in navigating the IEP process and to remove the barriers that hinder students from receiving a high quality educational experience.

Innovate Public Schools is a nonprofit community organization that builds the capacity of parents to organize, demand and advocate for high quality education.