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Marty Omoto -  martyomoto@rcip.com   website:   www.cdcan.us

 Report #070-2008  -  April 15, 2008 - Tuesday

 

Assembly Human Services Committee

*AB 1768 SPECIAL EDUCATION "STAY PUT" BILL PASSES

* ASSEMBLY HUMAN SERVICES COMMITTEE VOTES 6 to 0

* Heads Next To Assembly Appropriations Committee

* Issue Seen As Critical Disability Rights Issue

Committee Also Approves AB 2263 on IHSS Case Management and Payroll System; AB 2424 On Education and Employment and AB 1872 Special Ed Autism Spectrum Clearinghouse

 

SACRAMENTO (CDCAN) -  AB 1768 by Assemblymember Noreen Evans (Democrat - Santa Rosa, 7th District), which would reinstate a provision in the State special education law that would require a school district to continue to provide the same services a child with special needs received in early intervention if a dispute on whether those services should continue was being appealed in fair hearing - sometimes referred to as "stay put" - passed easily out of Assembly Human Services Committee today (April 15) by a vote of 6 to 0. 

 

The bill, co-authored by Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District), now heads to Assembly Appropriations Committee.   

 

Advocates say the issue impacted not only parents and family members rights regarding special education due process, but more critically impacted children with special needs turning three years old involved in those disputes. 

 

Assemblymember Todd Spitzer (Republican - Orange, 71st District) was not present when the votes were called on the bill.  The bill needed 4 votes of the 7 member committee to pass. 

 

The motion to pass the bill out of committee was seconded by Republican Assemblymember Tom Berryhill (Republican - Modesto, 25th District). 

 

CDCAN VOTE RECORD REPORT

AB 1768 (EVANS) - SPECIAL EDUCATION: DUE PROCESS ("Stay Put")

ACTION 04/15/08: Do Pass and refer to Assembly Appropriations Committee

Voting AYE (6)

* Democrats (5): Beall, Davis, DeSaulnier, Furutani, Krekorian

* Republicans (1): Berryhill

Voting NO (0):

Not Voting/Absent (1)

* Republicans (1): Spitzer

 

Beall Urged Passage Saying Bill "Good Policy"

The Assembly Human Services Committee chair, Assemblymember Jim Beall (Democrat - San Jose, 24th District), who is a parent of an adult son with developmental disabilities, said he was strongly in favor of the bill because "...if there is a dispute about the hand off [from early intervention services to public school services], let the kid stay where he is.  Leave the child there. Stay put. That is kind of my take on this...based on my experience [as a parent]...it's a good policy....if we don't do that, what happens to that kid when everyone is fighting about it [dispute of services]?  We don't want that to happen"

 

Issue Seen By Advocates As Critical Disability Rights Issue

The "stay put" provision is viewed by many parents with young children with disabilities - including autism - as a critical right.  The bill is supported by several disability groups including the California Association of Parent-Child Advocacy, the sponsor of the bill, and also Alliance of CA Autism Organizations, Arc of California, Association of Regional Center Agencies, CARE Parent Network, CDCAN (California Disability Community Action Network), Contra Costa County, Learning Disabilities Association of California, Placer County SELPA Community Advisory Committee, Protection & Advocacy, Inc.

 

Those opposed to the bill say that reinstating the provision would increase costs and that the requirement was taken out of the federal special education law when it changed in 2005 - a position that supporters of the bill dispute.  While only one organization showed up to oppose the bill, several organizations sent in letters of opposition including: the Association of California School Administrators , California Association of School Psychologist (CASP), California School Boards Association, Coalition for Adequate Funding for Special Education, Saddleback Valley Unified School District, San Francisco Unified School District and Special Education Local Plan Area Administrators

 

AB 1663 from Last Year Removed "Stay Put" Provision

The "stay put" provision was removed as a result of legislation last year - AB 1663 also by Assemblymember Evans, which was meant to put state laws in compliance changes made to the federal Individuals with Disabilities Education Act (IDEA) in 2005.  Disability advocates say that removal was a mistake and that the changes in federal special education law did not require a state to eliminate "stay put" provisions.  Opponents disagree but also say the issue is lack of funding from the State and federal governments. 

 

It was Lieber during the last day of the 2007 Legislative session, got a commitment from the Assembly leadership when AB 1663 was called up for a final vote on the floor, that the "stay put" issue would be addressed and resolved in the 2008 session.

 

The issue was brought up by many parents and family members during public hearings of the Legislative Blue Ribbon Commission on Autism, created by SCR 55 by Senate President Pro Tem Don Perata (Democrat - Oakland, 9th District) and chaired by Sen. Darrell Steinberg (Democrat - Sacramento, 6th District), who will be elected as Perata's successor as Senate leader on August 21. 

 

Next Steps for AB 1768

ASSEMBLY APPROPRIATIONS COMMITTEE

* Bill heads to this committee for hearing. After the bill is heard no action will be taken at that time - it will be referred, like most other bills referred to this committee, to what they call a "suspense file".  During the week of May 19th, the committee will meet and announce which bills will be reported out and which bills will be held in committee.

* Must be reported out of Assembly Appropriations on or before May 23rd (deadline to report Assembly bills in Assembly Appropriations Committee to the Assembly floor). Those bills that are held in committee are essentially "dead". 

* With the state budget shortfall in the billions of dollars with no agreement on a solution to bridge the enormous gap, most bills referred to Assembly and Senate Appropriations Committee will face a steep hurdle to pass out. 

ASSEMBLY FLOOR

* If AB 1768 passes out of Assembly Appropriations Committee, it will be voted on the Assembly Floor.

* Deadline for the Assembly Floor to pass Assembly bills to the Senate is on or before May 30th. 

* If it passes the Assembly Floor (41 votes are needed for passage), then it heads to the Senate, where the process is repeated. 

 

Other bills that passed out of Assembly Human Services Committee today:

 

AB 1824 (BEALL) - REGIONAL CENTERS: EMPLOYEE LIABILITY

ACTION 04/15/08: Passed Assembly Human Services Committee without opposition (on Consent Calendar). Referred to Assembly Appropriations Committee. 

NEXT STEPS: Heads to Assembly Floor for final vote.

 

AB 1872 (COTO) - SPECIAL EDUCATION: AUTISM SPECTRUM DISORDER CLEARINGHOUSE

ACTION 04/15/08: Passed Assembly Human Services Committeee by vote of .5 to 0. 

NEXT STEPS: Heads to Assembly Appropriations Committee.

 

AB 2038 (LIEBER) - PERSONS WITH DISABILITIES: VICTIMS OF CRIME

ACTION 04/15/08: PASSED with amendments, Assembly Human Services Committee by vote of 5 to 1. 

NEXT STEPS: Heads to Assembly Appropriations Committee. 

ACTION 04/15/08: Passed out of Assembly Human Services Committee by vote of 5 to 1.

NEXT STEPS: Heads to Assembly Appropriations Committee.

 

AB 2424 (BEALL) - PERSONS WITH DEVELOPMENTAL DISABILITIES: EDUCATION AND EMPLOYMENT

ACTION 04/15/08: PASSED Assembly Human Services Committee by vote of 4-2 with Krekorian absent.

NEXT STEPS: Heads to Assembly Appropriation Committee

 

AB 2891 (LEVINE) - LANTERMAN ACCESSIBLE AND AFFORDABLE HOUSING PROGRAM

ACTION 04/15/08: PASSED Assembly Human Services Committee by vote of 4-1.

NEXT STEPS: Heads to Assembly Appropriation Committee

CDCAN VOTE RECORD REPORT

AYES (4):

* Democrats (4): Beall, Davis, DeSaulnier and Furutani

* Republicans (0): -none-

NO (1):

* Democrats (0): -none-

* Republicans (1): Berryhill

NOT VOTING/ABSENT (2)

* Democrats (1): Krekorian

* Republicans (1): Spitzer

 

 

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