BILL NUMBER: AB 216	CHAPTERED  10/10/07

	CHAPTER  382
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN SENATE  JUNE 21, 2007
	AMENDED IN SENATE  MAY 23, 2007
	AMENDED IN ASSEMBLY  APRIL 26, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Bass
   (Coauthor: Senator Steinberg)

                        JANUARY 25, 2007

   An act to amend Section 56366.10 of the Education Code, relating
to special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 216, Bass. Special education: nonpublic, nonsectarian schools.
   Existing law requires school districts, county offices of
education, and special education local plan areas to comply with
state laws that conform to the federal Individuals with Disabilities
Education Act, in order that the state may qualify for federal funds
available for the education of individuals with exceptional needs.
School districts, county offices of education, and special education
local plan areas are required to identify, locate, and assess
individuals with exceptional needs and to provide those pupils with a
free appropriate public education in the least restrictive
environment, with special education and related services as reflected
in an individualized education program. Under certain circumstances,
a school district, county office of education, or special education
local plan area is authorized to enter into a contract for the
provision of special education and related services with a nonpublic,
nonsectarian school or agency that has been certified by the
Superintendent of Public Instruction.
   Under existing law, a nonpublic, nonsectarian school that provides
special education and related services to an individual with
exceptional needs is required to certify in writing to the
Superintendent that it meets specified requirements, including, among
others, that pupils have access to the specified educational
materials, services, and programs to the extent available at the
local educational agency in which the nonpublic school is located.
One of the specified educational materials relates to
standards-based, core curriculum and instructional materials.
   This bill, instead, would require that the educational materials,
services, and programs provided by the nonpublic, nonsectarian school
be consistent with the pupil's individualized education program. The
bill also would revise the provision relating to standards-based,
core curriculum and instructional materials.


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

  SECTION 1.  Section 56366.10 of the Education Code is amended to
read:
   56366.10.  In addition to the certification requirements set forth
in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that
provides special education and related services to an individual
with exceptional needs shall certify in writing to the Superintendent
that it meets all of the following requirements:
   (a) It will not accept a pupil with exceptional needs if it cannot
provide or ensure the provision of the services outlined in the
pupil's individualized education program.
   (b) Pupils have access to the following educational materials,
services, and programs that are consistent with each pupil's
individualized education program:
   (1) (A) For kindergarten and grades 1 to 8, inclusive,
state-adopted, standards-based, core curriculum and instructional
materials.
   (B) For grades 9 to 12, inclusive, standards-based, core
curriculum and instructional materials used by any local educational
agency that contracts with the nonpublic, nonsectarian school.
   (2) College preparation courses.
   (3) Extracurricular activities, such as art, sports, music, and
academic clubs.
   (4) Career preparation and vocational training, consistent with
transition plans pursuant to state and federal law.
   (5) Supplemental assistance, including individual academic
tutoring, psychological counseling, and career and college
counseling.
   (c) The teachers and staff provide academic instruction and
support services to pupils with the goal of integrating pupils into
the least restrictive environment pursuant to federal law.
   (d) The school has and abides by a written policy for pupil
discipline which is consistent with state and federal law and
regulations.