AB 1662 updated Analysis by Assembly Committee

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THIS IS CALIFORNIA LAW - THEY ARE HAVING A REALLY BAD TIME OUT THERE --- BUT

, AS CALIFORNIA GOES, SO GOES THE NATION - IT WON'T BE LONG BEFORE THEY TRY

TO DO IT HERE ---- COMMENTS, QUESTIONS??? -TERRY

Re: [CAPCAWEB] AB 1662 updated Analysis by Assembly Committee

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>

>> OK TO FORWARD TO ORCO SPED RELIANCE TASK FORCE?

>> ronlackey@...

>> =======================================

>> --- Sally Kirk <marinkirks@...> wrote:

>>

>>> AnalysesAssembly Committee - 05/24/2005 - 7348 bytes

>>>

>>> AB 1662

>>>

>>> Page 1

>>>

>>> Date of Hearing: May 25, 2005

>>>

>>> ASSEMBLY COMMITTEE ON

>>> APPROPRIATIONS

>>> Judy Chu, Chair

>>>

>>> AB 1662 (Lieber) - As Amended:

>>> May 11, 2005

>>>

>>> Policy Committee:

>>> Education

>>> Vote:11-0

>>>

>>> Urgency: Yes State

>>> Mandated Local Program:

>>> Yes Reimbursable: Yes

>>>

>>> SUMMARY

>>>

>>> This bill makes changes to state special

>>> education law to

>>> conform to the 2004 reauthorization of the

>>> federal Individuals

>>> with Disabilities Education Improvement

>>> Act (IDEA), including

>>> the following major provisions:

>>>

>>> 1)Deletes state law that authorizes local

>>> education agencies to

>>> invite an individual with exceptional

>>> needs beginning at age

>>> 14, or younger, to attend the

>>> individualized education program

>>> (IEP) meeting regarding the transition

>>> services of individuals

>>> (federal law now requires transition

>>> services to begin at 16).

>>>

>>>

>>> 2)Defines " highly qualified teacher " for

>>> special education

>>> teachers in accordance to the federal No

>>> Child Left Behind Act

>>> of 2001.

>>>

>>> 3)Changes, in accordance with federal law,

>>> the contents of an

>>> IEP for an individual with exceptional

>>> needs.

>>>

>>> 4)Requires the parties to execute a

>>> legally binding agreement if

>>> a signed confidential resolution is

>>> reached regarding a

>>> dispute between the LEA and a parent or

>>> guardian. Specifies

>>> that this signed resolution is

>>> enforceable in any state and

>>> federal court.

>>>

>>> 5)Authorizes a court to award reasonable

>>> attorney's fees as part

>>> of costs to a prevailing party who is a

>>> state educational

>>> agency or LEA, as specified.

>>>

>>> FISCAL EFFECT

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>> AB 1662

>>>

>>> Page 2

>>>

>>>

>>> Cost neutral, with potential minor General

>>> Fund savings. The

>>> bill updates statutes to properly enforce

>>> IDEA. There are no

>>> additional mandates, beyond what is

>>> required by federal law and

>>> regulations.

>>>

>>> The proposed 2005-06 budget contains $1

>>> billion in federal

>>> special education funding and $3 billion

>>> in state special

>>> education funds.

>>>

>>> COMMENTS

>>>

>>> 1)Purpose . The Superintendent of

>>> Public Instruction (SPI) is

>>> sponsoring this bill to ensure that

>>> California law is aligned

>>> with the 2004 reauthorization of IDEA.

>>> Changes were made in

>>> areas related to teacher qualifications,

>>> modifications to

>>> Individualized Education Programs

>>> (IEPs), conflict resolution,

>>> transition, and procedural safeguards.

>>> All changes to IDEA are

>>> effective July 1, 2005, except the

>>> definition of " highly

>>> qualified " special education teacher, as

>>> aligned with the

>>> federal No Child Left Behind Act (NCLB).

>>> The teacher

>>> qualification provisions became

>>> effective on December 3, 2004,

>>> per NCLB.

>>>

>>> According to the SPI, this bill " will

>>> ensure that California

>>> receives its share of federal special

>>> education funds, which

>>> is estimated at $1 billion for the

>>> 2005-2006 fiscal year.

>>> Secondly, it will help alleviate

>>> confusion and non-compliance

>>> issues in the field by creating uniform

>>> special education laws

>>> at the federal and state levels,

>>> potentially saving local

>>> education agencies, parents and the

>>> state litigation costs. "

>>>

>>> 2)Should the state end the inclusion of

>>> 14 year olds in IEP

>>> meeting regarding transitional services

>>> ? Transitional

>>> services are set of coordinated

>>> activities for an individuals

>>> with exceptional needs that are designed

>>> to help promote

>>> movement from school to post-school

>>> activities, including

>>> vocational training, postsecondary

>>> education, independent or

>>> supported employment, adult education,

>>> independent living, or

>>> community participation.

>>>

>>> State law requires LEAs to invite, as

>>> appropriate, students

>>> beginning at age 14 to an IEP meeting

>>> about transitional

>>> services. The reauthorization of IDEA

>>> requires LEAs to begin

>>> inviting students at the age of 16. The

>>> state can retain its

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>>

>>> AB 1662

>>>

>>> Page 3

>>>

>>> current law, which invites students at

>>> the age of 14, without

>>> violating IDEA. The committee may wish

>>> to consider amending

>>> the bill to do this.

>>>

>>>

>>> Analysis Prepared by :

>>> / APPR. / (916)

>>> 319-2081

>>>

>>>

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>>>

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