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  



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               (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  



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               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.