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.
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.
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)
URGENT!!!
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