Bill Text: CA AB555 | 2021-2022 | Regular Session | Introduced


Bill Title: Special education: assistive technology devices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB555 Detail]

Download: California-2021-AB555-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 555


Introduced by Assembly Member Lackey

February 10, 2021


An act to add Section 56363.2 to the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


AB 555, as introduced, Lackey. Special education: assistive technology devices.
Existing law requires an individualized education program (IEP) team, when developing an IEP, to consider whether an individual with exceptional needs requires assistive technology devices and services, as defined. Existing law requires a local educational agency to provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.
This bill would authorize a local educational agency or special education local plan area to retain, sell, or otherwise dispose of an assistive technology device, including, but not limited to, giving the assistive technology device to the individual with exceptional needs to whom it was assigned, if specified determinations are made.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Assistive technology devices provided to individuals with exceptional needs better enables individuals with exceptional needs to achieve the goals stipulated in their individualized education program, develop important life skills, and transition into adulthood.
(2) Assistive technology devices are tools for access, independence, and academic success for individuals with exceptional needs. Assistive technology devices can range from low-technology equipment such as a calculator or audio recording device, to more sophisticated technology that is specialized and tailored to the individual needs of the pupil, and can include adaptive equipment, specialized computer software, a hearing aid, or a powered wheelchair.
(3) State law does not authorize an assistive technology device to be given to an individual with exceptional needs for whom the assistive technology device was designed and assigned for use, when the individual with exceptional needs ages out of their eligibility for special education services under the federal Individual with Disabilities Education Act (IDEA) (20 U.S.C. Sec. 1400 et seq.). This lack of authority has resulted in some assistive technology devices that cannot be reassigned to another individual with exceptional needs, due to its unique construction or design, to be rendered useless.
(b) It is the intent of the Legislature that in specified circumstances, a special education local plan area or local educational agency be authorized to sell or give an assistive technology device to the individual with exceptional needs to whom it was assigned when the individual with exceptional needs will lose their IDEA eligibility.

SEC. 2.

 Section 56363.2 is added to the Education Code, to read:

56363.2.
 In accordance with Section 200.313 of Title 2 of the Code of Federal Regulations, a local educational agency or special education local plan area may retain, sell, or otherwise dispose of an assistive technology device, as defined in Section 56020.5, including, but not limited to, giving the assistive technology device to the individual with exceptional needs to whom it was assigned, if the local educational agency or special education local plan area determines that the assistive technology device has a current per-unit fair market value of less than five thousand dollars ($5,000) and is no longer needed by the local educational agency or special education local plan area for other individuals with exceptional needs.

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