BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1742
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1742 (Coto)
          As Amended  June 17, 2010
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 13, 2010)  |SENATE: |34-0 |(July 1, 2010) |
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           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  








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            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  








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          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.  








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          Analysis Prepared by  :    Marisol Avina / ED. / (916) 319-2087  
          FN: 0005208