BILL NUMBER: SB 121 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN ASSEMBLY JUNE 6, 2012
AMENDED IN ASSEMBLY MARCH 14, 2012
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 17, 2011
INTRODUCED BY Senator Liu
JANUARY 24, 2011
An act to amend Sections 48853, 56155.7, 56157, 56342.1, and
56366.9 of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 121, Liu. Pupils: foster children: special education.
Existing law requires a pupil who is placed in a licensed children'
s institution or foster family home to attend programs operated by
the local educational agency unless the pupil is entitled to remain
in his or her school of origin, the pupil has an individualized
education program requiring placement elsewhere, or the pupil's
parent or guardian, or other person holding the right to make
educational decisions for the pupil, determines that it is in the
best interests of the pupil to be placed in another educational
program.
This bill would require that, if the pupil's parent or guardian,
or other person holding the right to make educational decisions for
the pupil, makes that determination, he or she shall provide a
written statement to that effect to the local educational agency, as
specified. The bill would authorize a local educational agency to
provide a parent, guardian, or other person holding the right to make
educational decisions for the pupil with specified information,
including, among other things, that the pupil has the right to attend
a regular public school in the least restrictive environment.
Existing law provides that no local educational agency shall refer
an individual with exceptional needs residing in a licensed children'
s institution or foster family home to a nonpublic, nonsectarian
school unless the services required by the individualized education
program of the pupil can be assured, and that before a local
educational agency places an individual with exceptional needs in, or
refers such an individual to, a nonpublic, nonsectarian school, the
school district, special education local plan area, or county office
of education shall initiate and conduct a meeting to develop an
individualized education program for the pupil.
This bill would specify that these pupils shall not be referred
to, or placed in, a nonpublic, nonsectarian school unless their
individualized education programs specify that the placement is
appropriate. The bill would also specify that the meeting that is
required to take place to develop an individualized education program
shall be conducted pursuant to specified provisions. To the extent
this bill would require local educational agencies to perform
additional duties, this bill would impose a state-mandated local
program.
Existing law prohibits a licensed children's institution from
requiring as a condition of residential placement that it provide the
appropriate educational programs to individuals with exceptional
needs residing there through a nonpublic, nonsectarian school or
agency owned, operated by, or associated with, it.
This bill would also prohibit a licensed children's institution
from referring or placing a pupil in a nonpublic, nonsectarian
school.
This bill would prohibit a licensed children's institution from
requiring that a child be identified as an individual with
exceptional needs as a condition of admission or residency.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48853 of the Education Code is amended to read:
48853. (a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children's institution or foster
family home shall attend programs operated by the local educational
agency, unless one of the following applies:
(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5.
(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
726 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interests of the pupil to be placed in
another educational program, in which case the parent or guardian or
other person holding the right to make educational decisions for the
pupil shall provide a written statement that he or she has made that
determination to the local educational agency. This statement shall
include a declaration that the parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of all of the following:
(A) The pupil has a right to attend a regular public school in the
least restrictive environment.
(B) The alternate education program is a special education
program, if applicable.
(C) The decision to unilaterally remove the pupil from the regular
public school and to place the pupil in an alternate education
program may not be financed by the local educational agency.
(D) Any attempt to seek reimbursement for the alternate program
may be at the expense of the parent, guardian, or other person
holding the right to make educational decisions for the pupil.
(b) For purposes of ensuring a parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of the information described in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (a), the local educational
agency may provide him or her with that information in writing.
(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school as
described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to Section
361 or 726 of the Welfare and Institutions Code or Section 56055,
shall first consider placement in the regular public school.
(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.
(e) This section does not supersede other laws that govern pupil
expulsion.
(f) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
(g) Foster children living in emergency shelters, as referenced in
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.), may receive educational services at the emergency
shelter as necessary for short periods of time for either of the
following reasons:
(1) For health and safety emergencies.
(2) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
The educational services may be provided at the shelter pending a
determination by the person holding the right regarding the
educational placement of the child.
(h) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
SEC. 2. Section 56155.7 of the Education Code is amended to read:
56155.7. A licensed children's institution shall not require that
a child be identified as an individual with exceptional needs as a
condition of admission or residency.
SEC. 3. Section 56157 of the Education Code is amended to read:
56157. (a) In providing appropriate programs to individuals with
exceptional needs residing in licensed children's institutions or
foster family homes, the local educational agency shall first
consider services in programs operated by public educational agencies
for individuals with exceptional needs. If those programs are not
appropriate, special education and related services shall be provided
by contract with a nonpublic, nonsectarian school.
(b) (1) An individual with exceptional needs residing in a
licensed children's institution or foster family home shall not be
referred to, or placed in, a nonpublic, nonsectarian school unless
his or her individualized education program specifies that the
placement is appropriate.
(2) If special education and related services are provided by
contract with a nonpublic, nonsectarian school, or with a licensed
children's institution under this article, the terms of the contract
shall be developed in accordance with Section 56366.
(c) If an individual with exceptional needs residing in a licensed
children's institution or foster family home is placed in a
nonpublic, nonsectarian school, the local educational agency that
made the placement shall conduct an annual evaluation, in accordance
with federal law as part of the annual individualized education
program process, of whether the placement is the least restrictive
environment that is appropriate to meet the pupil's needs.
(d) If an individual with exceptional needs residing in a licensed
children's institution or foster family home is placed in a
nonpublic, nonsectarian school, the nonpublic, nonsectarian school
shall report to the local educational agency that made the placement,
on a quarterly or trimester basis, as appropriate, the educational
progress demonstrated by the individual with exceptional needs
towards the attainment of the goals and objectives specified in the
individual's individualized education program. Pursuant to federal
law, no local educational agency shall refer a pupil to a nonpublic,
nonsectarian school unless the services required by the
individualized education program of the pupil can be ensured.
SEC. 4. Section 56342.1 of the Education Code is amended to read:
56342.1. Before a local educational agency places an individual
with exceptional needs in, or refers an individual to, a nonpublic,
nonsectarian school, the district, special education local plan area,
or county office of education shall initiate and conduct a meeting
to develop an individualized education program in accordance with
Sections 56341.1 and 56345 and in accordance with Section 300.325(a)
of Title 34 of the Code of Federal Regulations. An individual with
exceptional needs shall not be referred to, or placed in, a
nonpublic, nonsectarian school unless his or her individualized
education program specifies that the placement is appropriate.
SEC. 5. Section 56366.9 of the Education Code is amended to read:
56366.9. A licensed children's institution at which individuals
with exceptional needs reside shall not require as a condition of
residential placement that it provide the appropriate educational
programs to those individuals through a nonpublic, nonsectarian
school or agency owned, operated by, or associated with, a licensed
children's institution. Those services may only be provided if the
special education local plan area determines that appropriate public
alternative educational programs are not available. A licensed
children's institution shall not refer a pupil to, or place a pupil
in, a nonpublic, nonsectarian school.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.