BILL NUMBER: AB 1564 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 13, 2004
AMENDED IN ASSEMBLY JANUARY 5, 2004
AMENDED IN ASSEMBLY APRIL 7, 2003
INTRODUCED BY Assembly Member Chavez
FEBRUARY 21, 2003
An act to amend Section 56000 of, to add Section 56000.6 to, and
to add Article 7 (commencing with Section 79220) to Chapter 9 of Part
48 of, the Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1564, as amended, Chavez. Special education: community
colleges.
Existing law declares the intent of the Legislature that
special education programs in California not be construed to abrogate
any right provided individuals with exceptional needs and their
parents or guardians all individuals with exceptional
needs be provided their rights to appropriate programs and services
designed to meet their unique needs under the Individuals with
Disabilities Education Act.
This bill would specify that those rights include the
ability of students who are between 18 and 22 years of age and who
have not received a high school diploma to receive services on a
community college campus, as specified make a
nonsubstantive change to that provision .
This bill would require the Chancellor of the California Community
Colleges to conduct a an annual public
hearing twice each year to discuss with the
Advisory Commission on Special Education, the State Board of
Education, the Secretary of Education, and other interested
stakeholders the role community colleges play in meeting the
education needs of special education students who are between 18 and
22 years of age.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56000 of the Education Code is amended to read:
56000. The Legislature finds and declares that all individuals
with exceptional needs have a right to participate in free
appropriate public education and that special educational instruction
and services for these persons are needed in order to ensure them of
the right to an appropriate educational opportunity to meet their
unique needs.
It is the intent of the Legislature to unify and improve special
education programs in California under the flexible program design of
the Master Plan for Special Education. It is the further intent of
the Legislature to ensure that all individuals with exceptional needs
are provided their rights to appropriate programs and services which
are designed to meet their unique needs under the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
It is the further intent of the Legislature that nothing in this
part shall be construed to abrogate any right provided individuals
with exceptional needs and their parents or guardians under the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.). It is also the intent of the Legislature that nothing in this
part shall be construed to set a higher standard of educating
individuals with exceptional needs than that established by Congress
under the Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.). This includes the ability of students who
are between 18 and 22 years of age and who have not received a high
school diploma, to receive services on a community college campus
when it is designated in the transition plan section of the
individualized education plan.
It is the further intent of the Legislature that the Master Plan
for Special Education provide an educational opportunity for
individuals with exceptional needs that is equal to or better than
that provided prior to the implementation of programs under this
part, including, but not limited to, those provided to individuals
previously served in a development center for handicapped pupils.
It is the intent of the Legislature that the restructuring of
special education programs as set forth in the Master Plan for
Special Education be implemented in accordance with provisions of
this part by all school districts and county offices during a
two-year transitional period commencing with fiscal year 1980-81,
with full implementation to be completed by June 30, 1982.
SEC. 2. Section 56000.6 is added to the Education Code, to read:
56000.6. The Legislature finds and declares all of the following:
(a) Implementation of the California High School Exit Examination
will lead to an increasing number of pupils with learning
disabilities who will not receive a high school diploma and who will
be eligible to continue to receive special education services under
the Individuals with Disabilities Education Act beyond age 18.
(b) A high school campus does not include age-appropriate peers
for pupils with disabilities who are 18 to 22 years old.
(c) A community college campus is an appropriate setting for
pupils with disabilities who are 18 to 22 years old to receive
services with age-appropriate peers when the transition plan
designates these services .
(d) While the primary responsibility for transition planning for
18- to 22-year-old students with disabilities will remain with the
school district of residence, community colleges need to provide
facilities and access to classes and services to ensure that pupils
with disabilities are served in the least restrictive environment
with age-appropriate peers.
(e) Pupils with disabilities who are from 18 to 22 years old, and
who have not received a high school diploma, should not have to give
up their educational rights under the Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) to receive appropriate
transition services on a community college campus.
(f)
(d) Community colleges need to be included as members of
special education local plan areas to ensure that a full range of
age-appropriate services is available to all pupils with
disabilities.
SEC. 3. Article 7 (commencing with Section 79220) is added to
Chapter 9 of Part 48 of the Education Code, to read:
Article 7. Special Education
79220. The Chancellor of the California Community Colleges shall
conduct a public hearing twice each year an
annual public hearing to discuss with the Advisory Commission
on Special Education, the State Board of Education, the Secretary of
Education, and other interested stakeholders the role of community
colleges in meeting the education needs of special education students
who are between 18 and 22 years of age.
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