078-2005 No Action Yet on Special Ed Bills - But Gov Signs SB 687AB 1609.htm

CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
CAPITOL NEWS REPORT #78-2005 Sep 29, 2005 Thu
Connecting people with disabilities & seniors to rights and unified action
1225 8th Street Suite 480 - Sacramento, CA 95814 916/446-0013 Fax: 916/446-0026
Marty Omoto - director email: martyomoto@rcip.com    website: www.cdcan.us

Education Issues For People with Disabilities:
* No Action Yet By Governor on Special Ed Bills
* Approves SB 687/AB 1609 School Accountability Report Card
* SCR 51 Touches on Needs of Special Ed Students with Autism

SACRAMENTO - Gov. Schwarzenegger signed into law SB 687 by Sen. Joe Simitian (D-Palo Alto) that imposes new specific reporting requirements in the existing state School Accountability Report Card that advocates hope will provide a better measure of spending of public education resources in specific schools. While the bill does not specifically mention special education programs, it will require more information on how school districts are spending funds for teachers and other resources in specific school, especially those in low-income areas, according to supporters of the bill.

Sen. Simitian, who also chairs the Senate Human Services Committee that reviews legislation impacting services and supports for people with developmental and other disabilities and seniors, said, regarding SB 687, that "....It is important to make information available so as to guarantee equity and equality in per pupil spending."

SB 687 will require schools to report the actual salaries of personnel assigned to the school and be subtotaled by restricted and by unrestricted revenue sources, and requires that the average salary of teachers actually assigned to that specific school be reported on the school report card. Under current state law, school districts are allowed to use the average salary of teachers employed in the entire school district to estimate per student expenditures at each school site, rather than calculating the average salaries of teachers actually assigned at that school.

Another bill, linked to SB 687, AB 1609, was also approved by the Governor, on September 27, and requires that the report card include information relating to a school's lack of adequate school books or other school materials, and also include career technical education information.

SCR 51 Autism Commission Recommendations Will Have Impact Special Needs Students
Earlier this month the Secretary of State formally, on September 14, made SCR 51 effective after it passed both houses late August with no opposition votes. The resolution authorizes the creation of a Legislative Autism Commission. The resolution - which is not a bill and did not require approval of the Governor, does touch on current and future needs of special education students who have autism.
Authored by Senate President Pro Tem Don Perata (D-Oakland, 9th District), the resolution creates a 16 member commission, with 8 members appointed by the Assembly Speaker, and 8 members picked by the Senate President Pro Tem. The commission, among other duties, would Identify gaps in programs, services, and funding related to the early identification of autism and provide recommendations to close the identified gaps. Though not the single focus of the commission, their duties include identifying gaps in programs and services related to the education and treatment of children, adolescents, transitional youth, and adults with autism and making recommendations.

“The commission provides an opportunity for the legislature to link the science, knowledge, and best practices of autism to public policy,” said Senate President pro Tem Don Perata after the resolution passed the Senate in August. “This group will be inclusive, diverse, and include the brightest and most innovative leaders in California.”

No Action Yet on Bills Impacting Special Needs Students
Meanwhile the Governor, as of today, has not yet taken any action on any other bills impacting people with disabilities, or bills impacting special needs or special education students:
* AB 897 - Braille Standards
* AB 1531 - High School Exit Exam - Alternative Assessments of Performance in Math/English
* AB 1662 - Aligning State Special Education Laws with changes to Federal Special Ed Laws
* SB 586 - High School Exit Exam Temporary Exemption for certain special education students
The Governor is expected to approve AB 1662, which brings state law in compliance with changes made last year by Congress to the federal special education law (the Individuals with Disabilities Education Act or IDEA). The Governor's position on SB 586 which would delay implementation of the California High School Exit Exam for special education students meeting certain requirements who are scheduled to graduate in 2006 or 2007, however is not known - and faces a possible veto. See CDCAN action alert (www.cdcan.us). The Governor has until October 9th to sign bills into law, veto them, or allow bills to become law without his signature (a practice that is virtually never done).

SUMMARY OF IHSS BILLS MENTIONED IN THIS REPORT
Note: Impact to ADA/Olmstead Decision/Lanterman Act" refers to the federal Americans with Disabilities Act, the 1999 US Supreme Court Olmstead Decision that required states to take steps to avoid unnecessary institutionalization of persons with disabilities and seniors, and the California Lanterman Developmental Disabilities Services Act, signed in 1969 under Governor Ronald Reagan - considered the civil rights act for persons with developmental disabilities in California. Those bills dealing with education will also list impact to "IDEA" - the federal Individuals with Disabilities Education Act. See previous CDCAN reports for details on other education bills impacting students with special needs.

SB 687 - School Accountability Report Card
Author: Sen. Joe Simitian (D-Palo Alto, 11th District)
What This Bill Does: (last amended on 09/02/05): Will require that the School Accountability Report Card reflect the actual salaries of personnel assigned to the school and be subtotaled by restricted and by unrestricted revenue sources,and the average salary of teachers actually assigned to the school be also reported and included in the totals of the school spending per student.
Most Current Action - 09/28/05: Approved by Governor. Filed with the Secretary of State, Chapter 358, Statutes of 2005,
Next Steps: Takes effect January 1, 2006
Impact to ADA/Olmstead Decision/Lanterman Act/IDEA: No immediate direct significant impact to IDEA, however if the bill increases accountability of a school's performance, it could have impact on that school's special education funding and resources and effectiveness.
Impact to People with Disabilities/Seniors: The new law could give parents and families of special needs students and other advocates better information on how their public school is performing, based on more school specific information regarding spending on teacher salaries and other personnel. Indirect Impact also to public school staff and teachers, including those working in special education.
CDCAN Comment: This bill was strongly supported by a large number of various community-based and state-wide social justice, religious and civil rights advocates. It is linked to AB 1609, which was also approved by the Governor. Current existing state law requires the California Department of Education and public schools to compile specific information for a "School Accountability Report Card" and make it available to the public on their web site and on the school's web site or on paper copies. The report card is required to include information about the number of fully credentialed teachers at specific schools, the number of teachers working under an emergency permit; the number of teachers who are not assigned to the right subject areas that they were licensed for; the school's test results; the number of students who pass the California High School Exit Examination and graduate; the percentage of high school students who are enrolled in and who complete requirements for admission to California State Universities, and whether a school has a college admissions test preparation course.

SCR 51 - Legislative Autism Commission
Author: Sen. Don Perata (D-Oakland, 9th District)
What this Resolution Does:   This resolution establishes, until November 30, 2007, the Legislative Blue Ribbon Commission on Autism and requires the commission to submit a report related findings and recommendations including recommendations for the planning of a comprehensive and integrated continuum of programs, services, and funding that will be required to address the "aging out" of children who comprise the current autism epidemic. to the Governor and to the Legislature no later than September 30, 2007.
Most Current Action - 09/14/05: Filed with the Secretary of State, Resolution Chapter 124, Statutes of 2005,
Next Steps: Takes effect upon filing with Secretary of State.
Impact to ADA/Olmstead Decision/Lanterman Act/IDEA: While SCR 51 does ot have the force of a law, because it is a resolution - the recommendations the commission makes - and depending on the action taken as a result by both the Governor and Legislature, could have a tremendous impact on the thousands of the children and adults with autism, their families, and the wide range of services and supports in schools, community-based organizations and other settings.
Impact to People with Disabilities/Seniors: See above.
CDCAN Comment: Please see upcoming CDCAN report on this resolution and related bills impacting children and adults with autism,

AB 1609 - School Accountability Report Card
Author: Assemblymember Carol Liu (D-Pasadena, 44th District)
What This Bill Does: (last amended on 08/31/05): Will require that the existing School Accountability Report Card include information relating to a school's lack of adequate school books or other school materials, and also include career technical education information.
Most Current Action - 09/27/05: Approved by Governor. Filed with the Secretary of State, Chapter 354 Statutes of 2005,
Next Steps: Takes effect January 1, 2006
Impact to ADA/Olmstead Decision/Lanterman Act/IDEA: see SB 687
Impact to People with Disabilities/Seniors: See SB 687
CDCAN Comment: This bill was linked to SB 687, which the Governor also approved.


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