CDCAN DISABILITY RIGHTS NEWS REPORT
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REPLY TO: MARTY OMOTOmartyomoto@rcip.com   website:   www.cdcan.us
 REPORT #085-2008  -  APRIL 24, 2008 - THURSDAY
 
 
California Legislative Update:
* AB 2717 "Burden of Proof" Special Ed Bill Passes
* Heads Next to Assembly Floor For Vote
* Report on Other Special Ed Bills
* Also Update on High School Exit Exam Bills
Bills Have Major Impact on Students with Disabilities, Special Needs, Families & School Districts
 
SACRAMENTO (CDCAN) -  The Assembly Education Committee passed on Wednesday (April 23) a key special education bill, AB 2717 by Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District) that would place the burden on proof on the local school agency in a special education due process hearing.   The bill heads next to the Assembly floor for a vote - and if successful there, would head to the State Senate. 
 
The bill is sponsored by the California Association for Parent-Child Advocacy and supported by a wide range of disability advocacy groups including the Disability Rights Education and Defense Fund, Area Board 10 on Developmental Disabilities, California Disability Community Action Network, Learning Disabilities Association of California, and the Alliance of Autism Organizations, which includes many autism advocacy organizations.  The legislation is opposed by the California School Boards Association, the California Teachers Association and several school districts and the California Association of School Psychologists.
 
Disability advocates see AB 2717, along with AB 1768 by Assemblymember Noreen Evans dealing with special education due process hearings and the issue of "stay put" (see below for details), as critical bills that impact the special education fair hearing process and the rights of thousands of children with special needs and disabilities and their families. School districts and those opposing those measures have cited limited resources locally and statewide.  
 
State Budget Crisis Impacting Special Education
Meanwhile advocates are also fighting against cuts to a wide range of services and supports impacting students with special needs including cuts to foster care and adoption assistance programs, regional centers, In-Home Supportive Services, Medi-Cal and more. 
 
In addition, the budget crisis that is growing worse each day also has a critical impact on overall school funding but special education in particular, with the Governor proposing as part of his 2008-2009 State budget, a $480 million cut in funding for special education.  [Note: CDCAN has issued an alert yesterday regarding taking action on the budget crisis and proposed,enacted and likely future cuts - go to www.cdcan.us to see alert or email Marty Omoto at martyomoto@rcip.com
 
High School Exit Exam Bills Included        
Also included in this report (see below) are bills currently waiting action in the Legislature in the coming weeks dealing with the California High School Exit Exam which impacts many of the over 650,000 students with special needs in special education in California public schools. 
 
Sen. Gloria Romero (Democrat - Los Angeles) is authoring SB 1446 that would provide an exemption until December 31, 2009 for eligible students with disabilities from the requirements of the high school exit exam.  The bill is an "urgency bill" which means if passed and signed by the Governor, would take effect immediately.  The bill needs 2/3rds vote to pass in both houses.  The Governor has previously indicated he would veto again such a bill. 
 
SUMMARY OF SPECIAL EDUCATION BILLS HAVING ACTION SINCE APRIL 14TH
 
AB 1768 - SPECIAL EDUCATION DUE PROCESS HEARINGS ("STAY PUT")
AUTHOR: Assemblymember Noreen Evans (Democrat - Santa Rosa, 7th District)
CDCAN SUMMARY
Requires local educational agencies, during the pendency of a hearing involving an application of a pupil for initial services under a preschool program serving individuals with exceptional needs who is no longer eligible for early intervention services because he or she has reached 3 years of age, to continue to provide of the same services that were provided under the Early Intervention Services Act.
LATEST ACTION 04/15/08: Passed out of Assembly Human Services Committee by vote of 6 to 0 and referred to Assembly Appropriations Committee
NEXT STEP: Waiting hearing in Assembly Appropriations Committee. I
CDCAN COMMENT: Passed out of Assembly Education Committee on April 2 by a vote of 10 to 0. 
 
AB 1871 - TEACHER CREDENTIALING: BILINGUAL COMPETENCE
AUTHOR: Assemblymember Joe Coto (Democrat - San Jose, 23rd District)
CDCAN SUMMARY:
* Changes existing State law which authorizes the Commission on Teacher Credentialing to issue certificates of bilingual-cross cultural competence to specified holders of credentials who will be serving limited-English proficient students.
* Authorizes this commission to issue authorization to those credential holders and would authorize candidates to demonstrate certain examination abilities by completing an approved program that consists of coursework or a combination of coursework and examinations.
LATEST ACTION 04/21/08: Passed Assembly by vote of 75 to 0. 
NEXT STEPS: Heads to State Senate for further action in Senate Education Committee.
CDCAN COMMENT: While this bill does not focus specifically on special education, the need for teachers who speak other languages is critical also for populations where English is not the primary language including children with special needs and disabilities. 
 
AB 1872 - SPECIAL EDUCATION: AUTISM SPECTRUM DISORDERS
AUTHOR: Assemblymember Joe Coto (Democrat - San Jose, 23rd District)
CDCAN SUMMARY
* Would create the State Autism Spectrum Disorder Clearinghouse within the California Department of Education to provide evidence-based and recommended information and practices regarding the education of students with autism spectrum disorders and requires use of federal special education funding for this purpose. 
* Would require that access to the clearinghouse be provided at schools, regional centers, diagnostic centers, family empowerment centers, and public libraries to make resources available to families.
LATEST ACTION 04/15/08: Passed out of Assembly Human Services Committee by vote of 6 to 0 ("Do pass") and referred to Assembly Appropriations Committee. 
NEXT STEPS: Waiting hearing in Assembly Appropriations Committee. 
CDCAN COMMENT: Passed out of Assembly Education Committee on April 2 by vote of 10 to 0. 
 
AB 2302 - TEACHER CREDENTIALING: STUDENTS WITH AUTISM
AUTHOR: Assemblymember Karen Bass (Democrat - Los Angeles, 47th District)
CDCAN SUMMARY:
* Would authorize a local education agency or school to assign a teacher who holds a level 1 education specialist credential, or a previously issued credential, that authorizes him or her to provide instruction to individuals with mild or moderate disabilities to provide instruction to students with autism spectrum disorder, if the teacher consents to the assignment and satisfies certain criteria.
LATEST STATUS 04/23/08: In Assembly. To Consent Calendar.
NEXT STEPS: Waiting final vote in Assembly and then will head next to State Senate, likely Senate Education Committee for hearing.  .
CDCAN COMMENT: This bill passed out of the Assembly Education Committee on April 16th by vote of 9 to 0.
 
AB 2424 - PERSONS WITH DEVELOPMENTAL DISABILITIES: EDUCATION
AUTHOR: Assemblymember Jim Beall (Democrat - San Jose, 24th District)
CDCAN SUMMARY:
* Enhances interagency coordination in the special education Individual Education Program (IEP) transition planning  process for students with developmental disabilities
* Would establishes an "Employment First Policy", and makes changes to the a student's  Individual Program Plan (IPP) process to increase opportunities for integrated work and other adult activities for people with developmental disabilities.
LATEST ACTION 04/15/08: Passed out of Assembly Human Services Committee by vote of 4 to 2, and referred to Assembly Appropriations Committee.
NEXT STEPS: Waiting hearing in Assembly Appropriations Committee.
CDCAN COMMENT: Passed out of Assembly Education Committee on April 2nd by vote of 7 to 0.  This bill is sponsored by the State Council on Developmental Disabilities and also Protection and Advocacy, Inc. and came from the findings resulting from SB 1270 by Sen. Wes Chesbro.
 
AB 2555 - SPECIAL EDUCATION: INITIAL ASSESSMENT: INDIVIDUALIZED
AUTHOR: Assemblymember Alberto Torrico (Democrat - Fremont, 20th District)
CDCAN SUMMARY
* Would change existing State law that requires the parent of a student be given, in writing, a proposed assessment plan within an amount of time of the referral of the student.
* Would require that the copy of the notice of parent rights include information regarding the State School for the Blind.
LATEST ACTION 04/17/08: On Assembly Floor. To Consent Calendar.
NEXT STEPS: After it passes Assembly, heads to State Senate Education Committee for a hearing.
CDCAN COMMENT: Passed out of Assembly Education Committee on April 2nd by vote of 10 to 0, and on April 16 by the Assembly Appropriations Committee by vote of 17 to 0. 
 
AB 2717 - SPECIAL EDUCATION DUE PROCESS HEARINGS: BURDEN OF PROOF
AUTHOR: Assemblymember Sally Lieber (Democrat - Mountain View, 22nd District)
CDCAN SUMMARY:
* Would place the "burden of proof" in a special education due process hearing on the responsible educational agency, except with regard to the appropriateness of a unilateral parental placement or related services in a case where the parent or guardian is seeking tuition reimbursement for the placement or  services. 
* Specifies that "burden of proof" includes the burden of persuasion and the burden of production.
LATEST ACTION 04/23/08: Passed out of Assembly Education Committee. 
NEXT STEPS: Heads to Assembly floor for vote and if successful there, goes to Senate (and Senate Education Committee for hearing).
CDCAN COMMENT: bill sponsored by the California Association for Parent-Child Advocacy and supported by a wide range of disability groups including the Alliance of California Autism Organizations, Area Board 10 on Developmental Disabilities, California Disability Community Action Network,  Disability Rights Education and Defense Fund, Learning Disabilities Association of California. The bill is opposed by the California School Boards Association, and other groups including the California Association of School Psychologists, the California Teachers Association and several school districts
 
AB 2783 - FOSTER CARE: ASSESSMENT AND INDIVIDUALIZED EDUCATION PLAN
AUTHOR: Assemblymember George Plescia (Republican - San Diego, 75th District)
CDCAN SUMMARY:
Would require a local educational agency to determine whether a student who resides in a rate classification level 12, 13, or 14 group home or a community treatment facility,  is eligible for special education services.
LATEST ACTION 04/23/08: Heard in Assembly Appropriations Committee and sent to "Suspense File". 
NEXT STEPS: If this bill is reported out of Assembly Appropriations by May 23rd (deadline to report bills out to the floor) it heads to the Assembly floor for vote, and if successful, then to the Senate (and likely Senate Education Committee)
CDCAN COMMENT: "Suspense file" is a essentially a list of all bills heard in Appropriations that may cost the State some significant amount of money.  All bills are held until the deadline of May 23 and the leadership decides which bills will be reported out - and which bills will be held in committee. Those bills held in committee after May 23 are considered "dead".  This bill passed out of Assembly Education Committee on April 9th by vote of 7 to 0.
 
SB 1281 - SPECIAL EDUCATION: WORKABILITY PROJECT GRANT FUNDS
AUTHOR: Sen. Mark Wyland (Republican - Escondido, 38th District)
CDCAN SUMMARY:
Would authorize the superintendent of a school district to use workability project grants funds to provide transition services that are not part of the project, but still include specific elements that are required in a project to individuals with special needs.
LATEST ACTION 04/16/08: In Senate Education Committee. Not Heard. 
NEXT STEPS: Bill failed to pass out of this committee by the deadline of April 18th (it needed to pass out by then and be referred to Senate Appropriations Committee).
CDCAN COMMENT: bill is considered "dead". 
 
BILLS ABOUT HIGH SCHOOL EXIT EXAM (OR IMPACTING GRADUATION)
The following are bills in either the Senate or Assembly that have had an action since April 14th and are waiting further action dealing with the high school exit exam or bills impacting graduation that could have an impact on the exit exam or special education in general. 

AB 2040 - HIGH SCHOOL EXIT EXAM
AUTHOR: Assembly Speaker Fabian Nunez (Democrat - Los Angeles, 46th District)
CDCAN SUMMARY:
Would requires recommendations regarding a standardized evidence-based assessment for eligible students with disabilities for the high school exit exam in English language arts and mathematics. 
LATEST ACTION 04/16/08: Passed Assembly Education Committee by vote of 7 to 2 and referred to Assembly Appropriations Committee.
NEXT STEPS: Waiting action in Assembly Appropriations Committee.
 
AB 2056 - ENGLISH LEARNERS: HIGH SCHOOL EXIT EXAM
AUTHOR: Assemblymember Kevin De Leon (Democrat - 45th District)
CDCAN SUMMARY:
* Would authorize school districts to use specified funds to provide intensive instruction and services designed to help students identified by a local educational agency as English learners and students with special needs who are enrolled in grade 9 or 10 and are at risk of not passing one or both portions of the high school exit examination, to pass the examination.
* Would require materials be designed to meet such learners needs. Requires the State Board of Education to review certain curriculum blueprints.
LATEST ACTION 04/22/08: In Assembly. Amended and re-referred back to Assembly Appropriations Committee.
.NEXT STEPS: Waiting action in Assembly Appropriations Committee.
CDCAN COMMENT: This bill passed with recommendation that the bill be amended, out of Assembly Education Committee on April  16th by vote of 7 to 3 and was referred to Assembly Appropriations Committee.
 
AB 2138 - FOSTER CHILDREN: HIGH SCHOOL GRADUATION REQUIREMENTS
AUTHOR: Assemblymember Anthony Adams (Republican - Hesperia, 59th District)
CDCAN SUMMARY:
* Would change existing State law that provides that the course of a study a student is required to complete while in grades 9 to 12, inclusive, to receive a diploma of graduation, including additional coursework the governing board of a school district is authorized to specify.
* Would require a school district to exempt a student in foster care who transfers to the district in grade 11 or 12 and who otherwise would not be able to graduate from high school by his or her 19th birthday from the additional coursework requirements.
LATEST ACTION 04/22/08: In Assembly. Amended and re-referred back to Assembly Appropriations Committee.
NEXT STEPS: Waiting action in Assembly Appropriations Committee.
CDCAN COMMENT: This bill passed with recommendation that the bill be amended, out of Assembly Education Committee on April  16th by vote of 9 to 0 and was referred to Assembly Appropriations Committee.
 
AB 2895 - STUDENT ACHIEVEMENT: HIGH SCHOOL EXIT EXAM
AUTHOR:Brownley (Democrat - Santa Monica, 41st District)
CDCAN SUMMARY:
Would change existing State law that requires each student completing grade 12 to successfully pass the High School Exit Examination require the evaluation to include certain additional information gathered from statewide student identifiers, including causal factors for low performance by students in schools with higher densities of minorities, students from low-income families, and English language learners.
LATEST ACTION 04/23/08: In Assembly. Amended and re-referred back to Assembly Appropriations Committee.
NEXT STEPS: Waiting action in Assembly Appropriations Committee.
CDCAN COMMENT: This bill passed with recommendation that the bill be amended, out of Assembly Education Committee on April  16th by vote of 6 to 3 and was referred to Assembly Appropriations Committee.
 
SB 1446 - HIGH SCHOOL EXIT EXAM: STUDENTS WITH DISABILITIES
AUTHOR: Sen. Gloria Romero (Democrat - Los Angeles, 24th District)
CDCAN SUMMARY:
* Would exempt until December 31, 2009, eligible students with disabilities from the requirement to pass the high school exit exam as a condition of receiving a high school diploma.
* Would provide the opportunity for eligible students with disabilities to receive a diploma by demonstrating through a standardized evidence-based assessment that they have acquired the same knowledge and skills necessary to pass the exit exam.
LATEST ACTION 04/23/08: Amended in Senate and re-referred back to Senate Appropriations Committee.
NEXT STEPS: Waiting action in Senate Appropriations Committee. If it passes out of this committee it heads to the Senate Floor, and if successful there, to the Assembly (likely Assembly Education Committee).
CDCAN COMMENT:  This is an "urgency bill", meaning it will take effect immediately upon approval of the Governor.  It also means it requires 2/3rds vote to approve in both houses.  The bill passed out of Senate Education Committee on April 17th by vote of 9 to 0. 
 
SB 1532 - HIGH SCHOOL GRADUATION
AUTHOR: Sen. Darrell Steinberg (Democrat - Sacramento, 6th District)
CDCAN SUMMARY:
* Would require the Department of Education, for the No Child Left Behind Act to establish specified criteria, including statewide target graduation rates and that a school or local educational agency shows adequate progress if it achieves the target graduation rate.
* Would call for implementation when the Longitudinal Pupil Achievement Data System is able to report an accurate graduation rate.
* Would require each school district described above to offer supplemental instructional programs.
LATEST ACTION: Set for hearing April 28, 2008 10:00 AM Senate Appropriations Committee
NEXT STEP: If it passes out of Senate Appropriations Committee, will then head to Senate floor for vote. 
CDCAN COMMENT: Passed out of Senate Education Committee on April 9th by vote of 9 to 0.  While this bill does not focus on the high school exit exam or special needs children, the overall findings and requirements - including graduation rates, etc could have impact. 
 
SOME DEADLINES & NEXT STEPS
April 18:
This was deadline for policy committees in either house to pass bills out that have a possible impact on the spending of state money ("fiscal impact") and must also be heard in the Appropriations Committees of either house. 
May 02:
Deadline for policy committees to report out bills not having spending state money ("fiscal impact") and not being referred to Appropriations Committees.
May 23:
Deadline for Appropriations Committees in either house to report out bills to the floor.
May 30:
Deadline for State Senate to pass Senate bills to the Assembly, and for the Assembly to pass Assembly bills to the Senate. 
June 27:
Deadline for policy committees in either house to hear and report out bills to the floor (meaning Senate bills in the Assembly or Assembly bills in the Senate) (any bills held in these committees after this deadline are considered "dead" unless there is a waiver of the rules)
August 15:
Deadline for the Appropriations Committees in either house to hear and report out bills to the floors (any bill held in these committees are considered "dead")
August 31
Last day to pass bills on the floor in either house (Legislature adjourns for the year on this day)
 
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