Bill Text: CA AB2171 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Individuals with disabilities: special education and related services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-08-30 - Ordered to inactive file at the request of Senator Galgiani. [AB2171 Detail]

Download: California-2017-AB2171-Amended.html

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Amended  IN  Assembly  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2171

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Introduced by Assembly Member Frazier

February 12, 2018

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An act to amend Section 56475 of of, and to add Section 56461.5 to, the Education Code, relating to special education. and to amend Section 19013 of the Welfare and Institutions Code, relating to individuals with disabilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2171, as amended, Frazier. Special Individuals with disabilities: special education and related services: interagency agreements.

Existing

(1) Existing law requires the Superintendent of Public Instruction to develop written interagency agreements, or adopt joint regulations that include responsibilities, in accordance with specified federal law, with the directors of certain state departments, for the provision of special education and related services to individuals with exceptional needs in the state. Existing law requires the Superintendent to develop interagency agreements with other state and local public agencies, as deemed necessary by the Superintendent, to carry out the provisions of state and federal law.

This bill would require the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to develop an develop, or amend an existing, interagency agreement that ensures to ensure the seamless and coordinated delivery of services and supports to an individual with exceptional needs who is individuals with disabilities who are eligible for special education services or who is are eligible for services provided by the State Department of Education, the State Department of Developmental Services, or the Department of Rehabilitation for individuals with developmental disabilities. The bill would require the interagency agreement to include specified components and to be submitted to the Legislature on or before January 1, 2020.

(2) Existing law establishes the Employment First Policy, which is the policy that opportunities for integrated, competitive employment be given the highest priority for working age individuals with developmental disabilities, regardless of the severity of their disabilities.

This bill would require the State Department of Education, and the Department of Rehabilitation, to adopt the Employment First Policy, as provided.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 56461.5 is added to the Education Code, to read:

56461.5.

 The department shall adopt the Employment First Policy described in Section 4869 of the Welfare and Institutions Code and shall apply it to all transition related services and supports, in accordance with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, an individual with exceptional needs is entitled to, or may be entitled to, from the department.

SECTION 1.SEC. 2.

 Section 56475 of the Education Code is amended to read:

56475.

 (a) The Superintendent and the directors of the State Department of Health Care Services, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Employment Development Department shall develop written interagency agreements or adopt joint regulations that include responsibilities, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, for the provision of special education and related services to individuals with exceptional needs in the State of California.

(b) Consistent with Section 4869 of the Welfare and Institutions Code, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall develop an develop, or amend an existing, interagency agreement that ensures to ensure the seamless and coordinated delivery of services and supports to an individual with exceptional needs who is individuals with disabilities who are eligible for services pursuant to Section 56031 or who is are eligible for services provided by the State Department of Education, the State Department of Developmental Services, or the Department of Rehabilitation for individuals with developmental disabilities.

(1) The interagency agreement pursuant to this subdivision shall include all of the following:

(A) A plan for strengthening the person-centered planning processes across all three departments described in this subdivision, to further the Employment First Policy in Section 4869 of the Welfare and Institutions Code.

(B) A data collection method that shall establish a uniform identifying code for each individual receiving services from one or more of the departments described in this subdivision, and that shall facilitate data collection and data sharing across those departments to improve coordination and collaboration to achieve competitive integrated employment. The purpose of the uniform identifying code is to effectively track integrated competitive employment outcomes across those departments while protecting individuals’ privacy. This information shall be provided to the extent permitted under applicable federal statutes and regulations related to privacy.

(A)A method

(C) A streamlined mechanism that will provide the an eligible individual, or the individual’s parent, the ability to independently access and review the individual’s records of the individual that are held by each department for purposes of sharing this information with other entities, and a described in this subdivision. The purpose of the mechanism is to promote self-advocacy and enable the individual and the individual’s parent to review the individual’s records and share those records at their discretion among the departments described in this subdivision, for the purpose of facilitating collaboration and coordination in the planning for, and delivery of, services and accommodations. This information shall be provided to the extent permitted under applicable federal statutes and regulations related to privacy.

(D) A description of any other mechanisms that can potentially be used to share information across the three departments. departments with the consent of the eligible individual and the individual’s parent.

(B)A comprehensive plan that can be used as a unified plan across the three departments, in

(E) In furtherance of the goals of the Employment First Policy in Section 4869 of the Welfare and Institutions Code, for each of the departments described in this subdivision shall create within the plans described in clauses (i), (ii), or (iii) a section of the plan that specifies how each department will support the individual in obtaining or retaining competitive integrated employment, including what accommodations each department will provide to the individual, in cooperation and collaboration with the other departments. The plans shall include all of the following:

(i) Transition planning included in the individualized education program pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(ii) The individual program plan pursuant to Section 4646 of the Welfare and Institutions Code.

(iii) The individualized plan for employment pursuant to Section 19104 of the Welfare and Institutions Code.

(C)A plan for strengthening the person-centered planning processes across all three departments, to further the Employment First Policy in Section 4869 of the Welfare and Institutions Code.

(2) On or before January 1, 2020, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall submit the interagency agreement to the Legislature, in compliance with Section 9795 of the Government Code.

(c) The Superintendent shall develop interagency agreements with other state and local public agencies, as deemed necessary by the Superintendent, to carry out the provisions of state and federal law.

SEC. 3.

 Section 19013 of the Welfare and Institutions Code is amended to read:

19013.

 (a) (1) The department may cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this division to individuals with disabilities, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this division, such programs, facilities, and services as may be necessary or desirable.

(2) Cooperation may include contracts and cost-sharing agreements, to the extent permitted by the Rehabilitation Act of 1973 (P.L. (Public Law 93-112), as amended, and the implementing federal regulations.

(3) Within the scope of the federal Rehabilitation Act, through cooperative agreements with other public agencies, the department shall maximize the resources of each agency to better mutually serve individuals with disabilities through enhanced services. To provide these services, within the provisions of federal law, the department and other agencies shall share facilities, utilize existing eligibility and assessment information, participate in cross-training for agencies participating in cooperative programs, and engage in other cooperative activities to reduce duplication of services and to provide a new enhanced pattern of services for individuals with disabilities.

(b) The department may cooperate with the State Department of Education and with the state public postsecondary education system to provide instruction, individual counseling and guidance, and related rehabilitation services for eligible students with disabilities.

(c) The department may cooperate with school districts, with public secondary schools, and with the state public postsecondary education system to employ personnel to assist in the vocational orientation of students with disabilities.

(d) The department shall adopt the Employment First Policy described in Section 4869 and shall apply it to all transition or employment related services and supports an individual with disabilities is entitled to, or may be entitled to, from the department.