BILL NUMBER: AB 2513 CHAPTERED 09/29/06 CHAPTER 783 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 30, 2006 PASSED THE SENATE AUGUST 29, 2006 AMENDED IN SENATE AUGUST 24, 2006 AMENDED IN SENATE AUGUST 9, 2006 AMENDED IN ASSEMBLY MAY 26, 2006 AMENDED IN ASSEMBLY MAY 3, 2006 AMENDED IN ASSEMBLY APRIL 19, 2006 INTRODUCED BY Assembly Member Pavley (Coauthors: Assembly Members Hancock and Mullin) (Coauthors: Senators Bowen and Romero) FEBRUARY 23, 2006 An act to add Chapter 7.5 (commencing with Section 56846) to Part 30 of the Education Code, relating to pupils, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2513, Pavley Pupils: autism: training and information. Existing law requires every individual with exceptional needs, as defined, who is eligible to receive educational instruction, related services, or both, under existing law to receive educational instruction, related services, or both, at no cost to his or her parents or, as appropriate, to him or her. This bill would require the Superintendent of Public Instruction to convene, with input from the University of California, the California State University, relevant fiscal and policy committees of the Legislature, the Legislative Blue Ribbon Commission on Autism, the State Department of Developmental Services, and other appropriate entities, an advisory committee, as specified. The bill would require the advisory committee to develop specified recommendations that would identify the means by which public and nonpublic schools, including charter schools, may better serve children with autism. The bill would declare that the recommendations of the advisory committee are not to be construed or applied as state-imposed standards or binding on any individualized education program (IEP) team, special education official, or child with autism. The bill also would declare that its provisions do not prescribe or define an appropriate educational or habilitative program for a child with autism. The bill would declare that the recommendations developed by the advisory committee do not govern the services and supports provided pursuant to the Lanterman Developmental Disabilities Services Act. The bill also would declare that its provisions do not prescribe or define an appropriate individualized family service plan or an individual program plan, as specified, for a child with autism. The bill would require, on or before November 1, 2007, the advisory committee to submit its recommendations to the Legislature and to the Governor. The bill would appropriate $100,000 from the General Fund to the Superintendent for purposes of this act. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 7.5 (commencing with Section 56846) is added to Part 30 of the Education Code, to read: CHAPTER 7.5. Autism Training and Information 56846. (a) The Legislature hereby finds and declares all of the following: (1) Autism is the fastest growing special education eligibility category for public education in California and the nation. In the years between 1998 and 2002, the number of pupils with autism receiving services in California almost doubled, from 10,360 to 20,377. These numbers have continued to climb at a surprising rate. In 2004, there were 4,427 additional pupils diagnosed with autism, an increase of 18 percent. (2) Autism is not a rare disorder. It is a major public health problem that must be better addressed by the State Department of Education, the State Department of Developmental Services, the State Department of Social Services, the state public school system regional centers, and all other entities assisting children with autism. (3) Significant gains have been made in the expansion of research related to autism and related neurodevelopmental disorders. The findings of this research need to be more fully disseminated to parents, families, school districts, nonpublic schools, and regional centers throughout the state. (b) Accordingly, it is the intent of the Legislature, in enacting Schedule (1) of Item 4300-101-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 47, Stats. 2006), which, funded the Autistic Spectrum Disorders Initiative of the State Department of Developmental Services, and this chapter, to allow the identification and dissemination of research-based recommended practices and professional development programs for children with autism to be fully accessible and available to parents and educators. 56846.2. (a) For purposes of this chapter, a "pupil with autism" is a pupil who exhibits autistic-like behaviors, including, but not limited to, any of the following behaviors, or any combination thereof: (1) An inability to use oral language for appropriate communication. (2) A history of extreme withdrawal or of relating to people inappropriately, and continued impairment in social interaction from infancy through early childhood. (3) An obsession to maintain sameness. (4) Extreme preoccupation with objects, inappropriate use of objects, or both. (5) Extreme resistance to controls. (6) A display of peculiar motoric mannerisms and motility patterns. (7) Self-stimulating, ritualistic behavior. (b) The definition of "pupil with autism" in subdivision (a) shall not apply for purposes of the determination of eligibility for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). 56847. (a) (1) The Superintendent shall convene, with input from the University of California, the California State University, relevant fiscal and policy standing committees of the Legislature, the Legislative Blue Ribbon Commission on Autism established under Resolution Chapter 124 of the Statutes of 2005, the State Department of Developmental Services, and other appropriate entities, an advisory committee to develop recommendations identifying the means by which public and nonpublic schools, including charter schools, can better serve pupils with autism and their parents. (2) The advisory committee shall be composed of parents of children with autism, school district administrators, teachers, representatives of county offices of education, representatives of special education local plan areas, representatives of nonpublic, nonsectarian schools and agencies, autism research specialists, physicians who possess a background or expertise in a pertinent medical field, such as psychiatry or behavioral science, and individuals with a recognized expertise in the best practices for providing instruction to children with autism. (b) The recommendations developed by the advisory committee shall include, but are not limited to, all of the following: (1) Developing a policy on the most effective manner of informing schools about the status of educationally related research and outreach services available to children with autism and their families. It is the intent of the Legislature that schools utilize that information to develop educationally related programs and services for children with autism. (2) Creating a statewide clearinghouse for information on the findings of educationally related research-based, recommended practices to support children with autism that can be disseminated to schools, parents, and other interested parties. These educationally related practices shall include, but are not limited to, the early detection of, and development of, coordinated services to children with autism and the professional development of pertinent individuals. (3) The feasibility and need for establishing a program that would provide technical assistance to schools on all of the following subjects: (A) The identification and diagnosis of autism spectrum disorders. (B) The development of research-based programs that best serve children with autism in order for them to succeed academically. (C) The development of a research-based professional development program to train teachers and administrators on the best practices for providing instruction to children with autism. (c) The recommendations developed by the advisory committee shall not be construed or applied as state-imposed standards or binding on any individualized education program (IEP) team, special education official, or child with autism. This chapter does not prescribe or define an appropriate educational or habilitative program for a child with autism. (d) The recommendations developed by the advisory committee do not govern the services and supports provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). This chapter does not prescribe or define an appropriate individualized family service plan pursuant to Section 95020 of the Government Code or an individual program plan pursuant to Sections 4646 to 4648, inclusive, of the Welfare and Institutions Code for a child with autism. (e) On or before November 1, 2007, the advisory committee shall submit its recommendations to the Legislature and to the Governor. SEC. 2. The amount of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for purposes of this act.