BILL ANALYSIS AB 1742 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1742 (Coto) As Amended June 17, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 13, 2010) |SENATE: |34-0 |(July 1, 2010) | ----------------------------------------------------------------- Original Committee Reference: ED. SUMMARY : Stipulates that a nonpublic, nonsectarian school (NPS) that provides special education and related services to a pupil with disabilities includes technology-based materials as part of the standards-based core curriculum and instructional materials that the NPS is required to provide access to, as specified. The Senate amendments require, rather than allow, technology-based materials to be part of the standards-based core curriculum and instructional materials, as specified, that a NPS is required to provide access to consistent with an individualized education program (IEP) to a pupil with disabilities. EXISTING LAW : 1)Allows services by NPSs and nonpublic, nonsectarian agencies be provided to pupils with disabilities under contract with a local educational agency (LEA), as specified, if no appropriate public education program is available. 2)Requires a NPS that provides special education and related services to a pupil with disabilities in kindergarten and any of grades one through 12, inclusive, (K-12) to certify in writing to the Superintendent of Public Instruction that it meets specified 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, inclusive (K-8) and to standards-aligned materials used by any LEA that contracts with the NPS for grades 9-12, inclusive, and that those materials are consistent with each pupil's IEP. 3)Establishes the Instructional Materials Funding Realignment (IMFR) program requiring the California Department of Education (CDE) to apportion funds appropriated for purposes AB 1742 Page 2 of the program to school districts to ensure that each pupil is provided with standards-aligned basic instructional materials as adopted by the SBE subsequent to the adoption of content standards for K-8 or as adopted by the local governing board for grades 9 to 12, inclusive. 4)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, and excludes the electronic equipment required to make use of those materials unless that equipment is to be used by pupils and teachers as a learning resource. AS PASSED BY THE ASSEMBLY , this bill allowed technology-based materials to be part of the standards-based, core curriculum and instructional materials that an NPS was required to provide access to, as specified and consistent with a pupil's IEP. FISCAL EFFECT : This bill is keyed non-fiscal. COMMENTS : LEAs may contract with state certified NPSs to provide special educational facilities, special education or designated instruction and services required by a pupil with disabilities if no appropriate public education program is available at the LEA. In these cases, the LEA and the NPS enter into a written agreement - known as a master contract- to specify the general administrative and financial agreements in providing education and related services to pupils with disabilities in accordance with their IEP. Every NPS must be certified by the California Department of Education (CDE) before it can enter into a master contract with a LEA to provide services to pupils with disabilities enrolled in a California public school. Once a NPS is certified, it must submit an annual renewal application to the CDE. In addition to meeting specified certification requirements, a NPS that provides special education is required to offer curricula and instructional materials that are approved by the SBE for K-8, or that are standards-aligned and used by any LEA that contracts with the NPS for grades 9-12, inclusive, in accordance with the grade levels served by the NPS. This bill adds to these existing provisions that the materials include technology-based materials as defined in current law. AB 1398 (Blumenfield), Chapter 293, Statutes of 2009, modified the definition of "technology-based materials" to include the electronic equipment required to make use of such materials if that equipment is to AB 1742 Page 3 be used by pupils and teachers as a learning resource. To the extent the SBE has adopted technology-based materials as part of adopted programs, those materials are available for purchase and use in grades K-8 regardless of educational setting. A review of the SBE adoption lists for the core subject, standards-aligned adoptions since 2005 shows that the number of electronic editions of adopted instructional materials has increased significantly. For example, the 2007 math adoption includes 22 basic programs, 10 of which are available in an optical disk, two are available as online texts, and one program has an integrated electronic component. In reading-language arts, nine basic programs were adopted, three of which are available in an optical disk, four are available as online texts, and one program has an integrated electronic component. Additionally, if a LEA that contracts with a NPS adopts technology-based materials for grades 9-12, the NPS is allowed to use those same materials, as long as the materials are consistent with each pupil's IEP. A NPS is required to follow existing provisions relative to ensuring pupils have access to the specified instructional materials consistent with a pupil's IEP. To the extent that technology-based materials meet those same requirements, current law does not prohibit the use of such materials by pupils attending NPSs. 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." Previous legislation: AB 216 (Bass) Chapter 382, Statutes of 2007 provides that for grades K-8, a NPS shall provide pupils access to state-adopted, standards-based, core curriculum and instructional materials, and for grades 9 to 12, inclusive, requires an NPS to provide pupils access to standards-based, core curriculum and instructional materials used by any LEA that contracts with the NPS. AB 1398 (Blumenfield) Chapter 293, Statutes of 2009, modifies the definition of technology-based materials to include the electronic equipment required to make use of such materials if that equipment is to be used by pupils and teachers as a learning resource. AB 1742 Page 4 Analysis Prepared by : Marisol Avina / ED. / (916) 319-2087 FN: 0005208