Bill Text: CA AB1296 | 2009-2010 | Regular Session | Amended

California Assembly Bill 1296 (Prior Session Legislation)

Bill Title: Special education: nonpublic, nonsectarian schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1296 Detail]

Download: California-2009-AB1296-Amended.html

BILL NUMBER: AB 1296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Blumenfield
    (   Coauthor:   Senator   Wolk
  ) 

                        FEBRUARY 27, 2009

    An act to amend Section 4648.4 of the Welfare and
Institutions Code, relating to developmental services.  
An act to amend Section 56366.10 of the Education Code, relating to
special education. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1296, as amended, Blumenfield.  Developmental services:
regional centers.   Special education: nonpublic,
nonsectarian schools.  
   Existing law requires that services provided by nonpublic,
nonsectarian schools and agencies be made available to local
educational agencies and parents for the purpose of providing
alternative special education services to individuals with
exceptional needs. Existing law requires a nonpublic, nonsectarian
school that provides special education and related services to an
individual with exceptional needs to certify in writing to the
Superintendent of Public Instruction that the school satisfies
various requirements, including, among others, that it will not
accept a pupil with exceptional needs if it cannot provide or ensure
the provision of the services outlined in the pupil's individualized
education program (IEP).  
   This bill would revise that requirement regarding pupil acceptance
to allow a nonpublic, nonsectarian school to accept a pupil if the
local educational agency and the parent or guardian of the pupil
agree that the pupil may be accepted when, on a temporary basis, the
nonpublic, nonsectarian school cannot provide one or more of the
services outlined in the pupil's IEP due to a shortage of qualified
professionals.  
   Under existing law, the State Department of Developmental Services
provides funding for regional centers for the provision or purchase
of services and supports to persons with developmental disabilities.
 
   Existing law, with certain exceptions, prohibits a regional center
from paying any provider of specified services a rate that is
greater than the rate that is in effect on June 30, 2008, unless the
increase is required by contract between the regional center and the
vendor that is in effect on June 30, 2008.  
   This bill would make technical, nonsubstantive changes to the
above provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 56366.10 of the  
Education Code   is amended to read: 
   56366.10.  In addition to the certification requirements set forth
in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that
provides special education and related services to an individual
with exceptional needs shall certify in writing to the Superintendent
that it meets all of the following requirements:
   (a) It will not accept a pupil with exceptional needs if it cannot
provide or ensure the provision of the services outlined in the
pupil's individualized education program  , unless the local
educational agency and the parent or guardian of the pupil agree that
the pupil may be accepted when, on a temporary basis, the nonpublic,
nonsectarian school cannot provide one or more of the services due
to a shortage of qualified professionals  .
   (b) Pupils have access to the following educational materials,
services, and programs that are consistent with each pupil's
individualized education program:
   (1) (A) For kindergarten and grades 1 to 8, inclusive,
state-adopted, standards-based, core curriculum and instructional
materials.
   (B) For grades 9 to 12, inclusive, standards-based, core
curriculum and instructional materials used by any local educational
agency that contracts with the nonpublic, nonsectarian school.
   (2) College preparation courses.
   (3) Extracurricular activities, such as art, sports, music, and
academic clubs.
   (4) Career preparation and vocational training, consistent with
transition plans pursuant to state and federal law.
   (5) Supplemental assistance, including individual academic
tutoring, psychological counseling, and career and college
counseling.
   (c) The teachers and staff provide academic instruction and
support services to pupils with the goal of integrating pupils into
the least restrictive environment pursuant to federal law.
   (d) The school has and abides by a written policy for pupil
discipline which is consistent with state and federal law and
regulations. 
  SECTION 1.    Section 4648.4 of the Welfare and
Institutions Code is amended to read:
   4648.4.  (a) Notwithstanding any other provision of law or
regulation, commencing July 1, 2006, rates for services listed in
paragraphs (1), (2), with the exception of travel reimbursement, (3)
to (8), inclusive, (10), and (11) of subdivision (b), shall be
increased by 3 percent, subject to funds that are specifically
appropriated for this increase in the Budget Act of 2006. The
increase shall be applied as a percentage, and the percentage shall
be the same for all providers. Any subsequent change shall be
governed by subdivision (b).
   (b) Notwithstanding any other provision of law or regulation,
except for subdivision (a), no regional center may pay any provider
of the following services or supports a rate that is greater than the
rate that is in effect on or after June 30, 2008, unless the
increase is required by a contract between the regional center and
the vendor that is in effect on June 30, 2008, or the regional center
demonstrates that the approval is necessary to protect the consumer'
s health or safety and the department has granted prior written
authorization:
   (1) Supported living services.
   (2) Transportation, including travel reimbursement.
   (3) Socialization training programs.
   (4) Behavior intervention training.
   (5) Community integration training programs.
   (6) Community activities support services.
   (7) Mobile day programs.
   (8) Creative art programs.
   (9) Supplemental day services program supports.
   (10) Adaptive skills trainers.
   (11) Independent living specialists.