BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 1742 AUTHOR: Coto AMENDED: June 17, 2010 FISCAL COMM: No HEARING DATE: June 23, 2010 URGENCY: No CONSULTANT:Lynn Lorber SUBJECT : Non-public schools: technology-based instructional materials. KEY POLICY ISSUE Should existing law that requires non-public schools to certify that their pupils have access to instructional materials include reference to technology-based materials? SUMMARY This bill specifies that instructional materials to which pupils attending a non-public school are to have access include technology-based materials. BACKGROUND Current law: 1) Allows instruction and services by a non-public school (NPS) and a non-public agency (NPA) to be provided to pupils with disabilities under contract with a local educational agency (LEA), as specified, if no appropriate public education program is available. (Education Code 56365) 2) Requires a NPS to certify in writing to the Superintendent of Public Instruction that it meets specific requirements, including that pupils have access to curricula and instructional materials that are approved by the State Board of Education (SBE) for kindergarten and grades 1-8, and to standards-aligned materials used by any LEA that contracts with the NPS for grades 9-12, and that those materials are consistent with each pupil's individualized education program AB 1742 Page 2 (IEP). (EC 56366.10) 3) Defines "technology-based materials" as basic or supplemental instructional materials designed as learning resources that require the availability of electronic equipment in order to be used as a learning resource. The equipment necessary to operate the materials are not considered technology-based materials unless that equipment is to be used as a learning resource. (EC 60010) 4) Authorizes a governing board of a school district, once the district certifies that each pupil has been provided with standards-aligned textbooks or basic instructional materials in the core curriculum areas of reading/language arts, mathematics, science, and history/social sciences, to use any remaining instructional materials funding for other stated purposes, such as to purchase supplementary instructional materials and technology-based materials. (EC 60242) ANALYSIS This bill states that the core curriculum and instructional materials to which pupils attending a non-public school must have access include technology-based materials, as defined in current law. STAFF COMMENTS 1) Need for the bill : According to the author, "AB 1742 ensures equal access to technology for all students with special needs, including those attending 'nonpublic, nonsectarian schools,' by encouraging Individualized Education Teams to determine the appropriateness of technology for students with autism and other related disorders, through the students' individualized education program via an alignment with AB 1398 (Blumenfield)." (see Background #3) 2) Practical effect . This bill essentially provides a cross-reference to the existing definition of "technology-based materials" in the section of the Education Code relative to specific certifications that non-public schools must provide to the California Department of Education. This bill does not require a AB 1742 Page 3 NPS to purchase or otherwise provide technology-based materials to pupils. One could argue that this bill is unnecessary because the existing definition of "instructional materials" includes "technology-based materials." Staff notes that a cross-reference to the definition of "instructional materials" does not currently exist in statutes relative to non-public schools. 3) Related legislation . AB 2694 (Blumenfield, 2010) expands the definition of "supplementary instructional materials" to include current, relevant technology, and authorizes schools to include relevant technology-based materials when adopting instructional materials. AB 2694 is scheduled to be heard by this Committee on June 23, 2010. SUPPORT California Association of Private Special Education Schools California School Boards Association California State PTA Spectrum Center Numerous pupils OPPOSITION None received.