BILL NUMBER: AB 1337	CHAPTERED  10/12/03

	CHAPTER  893
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 24, 2003
	AMENDED IN SENATE  JULY 17, 2003
	AMENDED IN SENATE  JULY 3, 2003
	AMENDED IN SENATE  JUNE 26, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003

INTRODUCED BY   Assembly Member Daucher

                        FEBRUARY 21, 2003

   An act to amend Section 56505.2 of the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, Daucher.  Special education.
   Existing law provides procedural safeguards, including due process
hearings, for the resolution of complaints regarding alleged
violations of the law relative to special education.  Existing law
provides that a hearing officer may not render a decision that
results in the placement of an individual with exceptional needs in a
nonpublic, nonsectarian school, or in a service for an individual
with exceptional needs provided by a nonpublic agency, if the school
or agency has not been certified.  Existing law requires a hearing
officer to consider certain provisions of law relating to nonpublic,
nonsectarian schools and agencies, including those relating to
certification, during a due process hearing concerning an issue of
placement of an individual with exceptional needs in a nonpublic,
nonsectarian school or services for an individual with exceptional
needs provided by a nonpublic, nonsectarian agency.
   This bill would prohibit a hearing officer from rendering a
decision that results in the placement or reimbursement for the
placement of an individual with exceptional needs in a nonpublic,
nonsectarian school, or in a service or reimbursement for a service
for an individual with exceptional needs provided by a nonpublic,
nonsectarian agency, unless the hearing officer issues a written
finding with respect to the school district's program  or program
offer compliance with the law, as specified.


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


  SECTION 1.  Section 56505.2 of the Education Code is amended to
read:
   56505.2.  (a) A hearing officer may not render a decision that
results in the placement of an individual with exceptional needs in a
nonpublic, nonsectarian school, or that results in a service for an
individual with exceptional needs provided by a  nonpublic,
nonsectarian agency, if the school or agency has not been certified
pursuant to Section 56366.1.
   (b) A hearing officer shall consider Sections 56365, 56365.5,
56366, and 56366.1 during a due process hearing concerning an issue
of placement of an individual with exceptional needs in a nonpublic,
nonsectarian school, or services for an individual with exceptional
needs provided by a nonpublic, nonsectarian agency.
   (c) A hearing officer may not render a decision that results in
the placement of an individual with exceptional needs in a nonpublic,
nonsectarian school, or that results in a service for an individual
with exceptional needs being provided by a nonpublic, nonsectarian
agency, unless the hearing officer issues a written finding that the
district's program or program offer  has not complied with legal
requirements.
   (d) A hearing officer may not render a decision that results in
the reimbursement  for the placement of an individual with
exceptional needs in a nonpublic, nonsectarian school, or that
results in reimbursement for a service for an individual with
exceptional needs being provided by a nonpublic, nonsectarian agency,
unless the hearing officer issues a written finding that the
district's program or program offer did not comply with legal
requirements during the time period relevant to the reimbursement
request.
   (e) Nothing in subdivision (c) or (d) shall be construed to alter
the burden of proof required in a due process hearing, or prevent a
hearing officer from ordering a compensatory remedy for an individual
with exceptional needs.