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AB-1021 Pupils with exceptional needs: individualized education programs.(2019-2020)

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Date Published: 01/06/2020 02:00 PM
AB1021:v96#DOCUMENT

Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1021


Introduced by Assembly Member Frazier

February 21, 2019


An act to add Section 37203 to amend Section 56341.5 of the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1021, as amended, Frazier. Pupils with exceptional needs: summer school. individualized education programs.
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs. Existing law requires a local educational agency to give a parent or guardian a copy of the individualized education program, at no cost to the parent or guardian.
This bill would additionally require the local educational agency, at least 72 hours before the individualized education program meeting, to make available to the parent or guardian a preliminary draft of the individualized education program in electronic form and to mail to the parent or guardian a hard copy of that preliminary draft, at no cost to the parent or guardian, as provided. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes a system of public elementary and secondary schools throughout the state. These schools are operated by local educational agencies and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive.

Existing law requires that every individual with exceptional needs, as defined, who is eligible be provided with educational instruction, services, or both, at no cost to the pupil’s parent or guardian or, as appropriate, to the pupil. A free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act.

This bill would require school districts to provide summer school instruction for pupils with intellectual disabilities or autism on weekdays from the last day of the regular school year to the first day of summer school and from the last day of summer school to the first day of the regular school year. By adding to the duties of school districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 56341.5 of the Education Code is amended to read:

56341.5.
 (a) Each local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents or guardians of the individual with exceptional needs are present at each individualized education program meeting or are afforded the opportunity to participate.
(b) Parents or guardians shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend.
(c) The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. Parents or guardians also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and inform the parents of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program.
(d) As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of his or her the individual’s individualized education program team.
(e) For an individual with exceptional needs, beginning no later than the effective date of the individualized education program in effect when the individual reaches the age of 16 years, or younger if determined appropriate by the individualized education program team, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations.
(f) The local educational agency, to the extent appropriate, with the consent of the parents or individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(g) Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent or guardian can attend the meeting, the local educational agency shall use other methods to ensure parent or guardian participation, including individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent or guardian and the local educational agency may agree to use alternative means of meeting participation.
(h) A meeting may be conducted without a parent or guardian in attendance if the local educational agency is unable to convince the parent or guardian that he or she they should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as:
(1) Detailed records of telephone calls made or attempted and the results of those calls.
(2) Copies of correspondence sent to the parents or guardians and any responses received.
(3) Detailed records of visits made to the home or place of employment of the parent or guardian and the results of those visits.
(i) The local educational agency shall take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English.
(j) The local educational agency shall give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian.
(k) (1) At least 72 hours before the individualized education program meeting, the local educational agency shall make available to the parent or guardian a preliminary draft of the individualized education program in electronic form and shall mail to the parent or guardian a hard copy of the preliminary draft of the individualized education program, at no cost to the parent or guardian. Each page of the preliminary draft of the individualized education program shall be clearly labeled with the term “Draft Copy.”
(2) (A) The preliminary drafts of the individualized education program made available or mailed to a parent or guardian pursuant to paragraph (1) shall constitute solely preliminary recommendations for review and discussion with the parent or guardian and shall not be considered final.
(B) Both preliminary drafts provided to a parent or guardian pursuant to paragraph (1) shall include a statement that contains the information in subparagraph (A).
(3) It is the intent of the Legislature that providing preliminary drafts of the individualized education program to parents or guardians pursuant to paragraph (1) does not constitute a violation of Section 1415(f)(3)(E)(ii) of Title 20 of the United States Code.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 37203 is added to the Education Code, to read:
37203.

A school district shall provide summer school instruction for pupils with intellectual disabilities or autism on weekdays during the following periods:

(a)The last day of the regular school year to the first day of summer school, inclusive.

(b)The last day of summer school to the first day of the regular school year, inclusive.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.