(a) Of the funds appropriated in Item 6100-001-0001 of Section 2.00 of the Budget Act of 2022, two million dollars ($2,000,000) shall be allocated to the department to develop a process and tools for early identification of children at risk for developmental delays or learning disabilities. The funding in the Budget Act of 2022 that is allocated for purposes of this section shall be available for encumbrance until June 30, 2024.

(b) (1) The process and tools developed by the department pursuant to subdivision (a) shall include immediate identification, further evaluation as needed, support and remediation based on needs of the child, and additional referrals for services as deemed necessary.

(2) A process for research-based early intervention that considers the differing intervention needs children may have in areas of concern.

(3) Evidence that the process and tools are valid and reliable for identification of all delays pursuant to Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), including, but not limited to, dyslexia and other early literacy delays, and for identification of literacy and language acquisition for children two to six years of age, inclusive, who speak a home language that is not English.

(4) Communication approaches with parents and guardians to address student supports in the home learning environment.

(c) The process and tools developed by the department pursuant to subdivision (a) shall be available and appropriate for use in all California state preschool programs, transitional kindergarten programs, and kindergarten programs pursuant to guidance from the Superintendent.

(d) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction no later than six months after the process and tools determination is complete.

(2) The department shall initiate a rulemaking action to implement this subdivision within one calendar year of the management bulletin being released.

(e) On or before October 5, 2023, the department shall submit a report to the Joint Legislative Budget Committee, appropriate policy committees of the Legislature, and the Department of Finance to identify the process and tools developed pursuant to this section, the evidence required pursuant to this section, and recommendations to align local practices and implementation.

(Added by Stats. 2022, Ch. 62, Sec. 14. (AB 210) Effective June 30, 2022. See same-numbered Art. 24 as added by Stats. 2022, Ch. 915.)