Bill Text: CA AB1517 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Special education: special education local plan areas: local plans.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB1517 Detail]

Download: California-2023-AB1517-Amended.html

Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1517


Introduced by Assembly Member Gallagher

February 17, 2023


An act to amend Section 56127 of the Education Code, relating to special education. An act to amend Sections 52062, 52071, 56122, and 56205 of the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1517, as amended, Gallagher. Special education: Superintendent of Public Instruction. Special education: special education local plan areas: local plans.
(1) Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee for review and comment, as provided.
This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program.
(2) Existing law requires the county superintendent of schools to provide technical assistance for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided.
When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because this bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program.
(3) Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, on July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
This bill would move up the date by which each local plan is required to include an annual assurances support plan to July 1, 2025, and would require the department to develop and publish the annual assurances support plan template by July 1, 2024. The bill would require the inclusion of additional detail and new elements in an annual assurances support plan, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
(4) Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things.
This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program.
(5) 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 requires the Superintendent of Public Instruction to make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.

This bill would make nonsubstantive changes to this law.

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

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Special education local plan areas provide technical assistance, professional development, direct services, and monitoring activities to its member local educational agencies as directed by the governing body of the special education local plan area and the State Department of Education.
(b) Special education local plan areas provide participating local educational agencies support for improved outcomes for pupils with disabilities in alignment with the statewide system of support.
(c) Special education local plan areas are integral to the statewide system of support and, in collaboration with the State Department of Education and the California Collaborative for Educational Excellence, they are focused on improving outcomes for pupils with disabilities and addressing pupil needs in various specialized areas by strengthening special education local plan areas support to local educational agencies while ensuring compliance with state and federal regulations.

SEC. 2.

 Section 52062 of the Education Code is amended to read:

52062.
 (a) Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee established pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3) The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4) The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5) The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6) The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.
(b) (1) A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2) A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c) A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.

SEC. 3.

 Section 52071 of the Education Code is amended to read:

52071.
 (a) If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraphs (1) or (2) subparagraphs (A) and (B) of paragraph (1) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b) If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c) (1) For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance focused on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:

(1)

(A) Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.

(2)

(B) Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.

(3)

(C) Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in paragraphs (1) and (2), subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving pupil outcomes.

(4)

(D) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(2) When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.
(d) Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e) A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) subparagraph (C) of paragraph (1) of subdivision (c).
(f) This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.

SEC. 4.

 Section 56122 of the Education Code is amended to read:

56122.
 (a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b) On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c) Commencing July 1, 2027, 2025, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop and publish a template for the annual assurances support plan by July 1, 2026. 2024. The annual assurances support plan shall include all of the following elements:
(1) A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2) A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support. support, including technical assistance offered through the special education resource leads.
(3) A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(4) A description of how the governing board of the special education local plan area has determined the technical assistance, direct services, monitoring activities, and professional development the special education local plan area will provide its participating agencies to support improved outcomes for pupils with disabilities is in alignment with the statewide system of support.
(5) A description of how the governing board of the special education local plan area has determined it will recruit, maintain, and support an active community advisory committee, established pursuant to Section 56190, including involvement in an advisory manner of the development of all sections of the local plan and participation in the local control and accountability plans of their respective member agencies.

SEC. 5.

 Section 56205 of the Education Code is amended to read:

56205.
 (a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:
(1) Free appropriate public education.
(2) Full educational opportunity.
(3) Child find and referral.
(4) Individualized education programs, including development, implementation, review, and revision.
(5) Least restrictive environment.
(6) Procedural safeguards.
(7) Annual and triennial assessments.
(8) Confidentiality.
(9) Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10) Children in private schools.
(11) Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12) (A) A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B) A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C) Verification that a community advisory committee has been established pursuant to Section 56190.
(D) Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i) Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii) Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I) The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II) The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III) The operation of special education programs.
(IV) Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V) The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii) Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E) The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13) Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14) Performance goals and indicators.
(15) Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16) Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17) Maintenance of financial effort.
(18) Opportunities for public participation before adoption of policies and procedures.
(19) Suspension and expulsion rates.
(20) Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21) Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22) Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b) Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A) A description of the special education local plan area’s allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B) All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C) A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D) A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E) A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F) A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2) An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3) An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4) A description of programs for early childhood special education from birth through five years of age.
(5) A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6) A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7) Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8) A description of the process being utilized to meet the requirements of Section 56303.
(c) A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupil’s individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d) The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
(e) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department. Technical assistance shall include all of the following:
(1) Conduct professional development addressing any identified area for improvement by the department.
(2) Participate, in collaboration with county offices of education, in differentiated assistance activities for pupils with disabilities.
(3) Participate in activities designed to improve local educational agency performance on the California School Dashboard for pupils with disabilities.
(4) Under the direction of the department, provide leadership and coordination of compliance and improvement monitoring activities for local educational agencies in need of universal, targeted, and intensive supports.
(5) Coordinate, review, provide feedback, and certify individualized education plan implementation monitoring, as required by the department.
(6) Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System special education data, as required by the department.

SEC. 6.

 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 56127 of the Education Code is amended to read:
56127.

The superintendent shall make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.

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