Amended in Senate April 13, 2016

Amended in Senate March 17, 2016

Senate Bill No. 884

Introduced by Senator Beall

January 19, 2016

An act to amend Sections 56301, 56345, and 56500.4 of, and to add Sections 56600.7, 56607, 56608, and 56609 to, the Education Code, relating to special education.

LEGISLATIVE COUNSEL’S DIGEST

SB 884, as amended, Beall. Special education: procedural safeguards and records.

(1) Existing law requires the Superintendent of Public Instruction to administer the special education provisions of the Education Code and ensure provision of, and supervise, education and related services to individuals with exceptional needs, as required pursuant to the federal Individuals with Disabilities Education Act.

Existing law establishes certain rights and procedural safeguards for parents and pupils of individuals with disabilities, and requires a public agency to give prior written notice to parents or guardians of an individual with exceptional needs when certain actions are taken with respect his or her placement, identification, and assessment or the provision of a free and appropriate education.

This bill would require prior written notice also to be given when there are any changes to the planned type or level of individualized education program services, would require a copy of the parent and pupil’s rights and procedural safeguards to be given each time prior written notice is given, and would require a local educational agency responsible for a pupil’s individualized education program to ensure a copy of each prior written notice is included in the pupil’s records. The bill would require each special education local plan area to establish additional written policies and procedures requiring local educational agencies to provide certain information to parents in their annual parent notification information, including information regarding family empowerment centers and parent training and information centers. The bill would require a pupil’s individualized education program to include the type of provider delivering each related service listed. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.

(2) Existing law requires the Superintendent to ensure that pupil and program performance results are monitored, and requires special education local plan areas to submit certain data to the Superintendent to evaluate special education programs, as specified.

The bill would require a begin delete school district or end delete special education local plan area to document and report to the begin delete department end delete begin insert State Department of Education end insert funding allocations and expenditures for all mental health and special education services, and would require the department to post the information on the department’s Internet Web site. The bill would require the department to align accounting code systems, as specified. The bill would also require a local educational agency responsible for a pupil’s individualized education program to annually report to the department the begin insert actual end insert frequency and duration of related services provided, and to annually report begin insert to the department end insert certain data needed to document pupil outcomes on 6 outcome indicators, as specified. The bill would require the department to monitor the related services reported annually by local educational agencies, and to review and require corrections to each local educational agency’s procedures and documents. begin insert By imposing end insert begin insert new duties on local educational agencies, the bill would impose a state-mandated local program. end insert

(3) 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 56301 of the Education Code is amended
to read:

56301.  

(a) All children with disabilities residing in the state,
including children with disabilities who are homeless children or
are wards of the state and children with disabilities attending
private, including religious, elementary and secondary schools,
regardless of the severity of their disabilities, and who are in need
of special education and related services, shall be identified,
located, and assessed and a practical method shall be developed
and implemented to determine which children with disabilities are
currently receiving needed special education and related services
as required by Section 1412(a)(3) and (10)(A)(ii) of Title 20 of
the United States Code. A child is not required to be classified by
his or her disability so long as each child who has a disability listed
in Section 1401(3) of Title 20 of the United States Code and who,
by reason of that disability, needs special education and related
services as an individual with exceptional needs defined in Section
56026.

(b) (1) In accordance with Section 300.111(c) of Title 34 of
the Code of Federal Regulations, the requirements of this section
also apply to highly mobile individuals with exceptional needs,
including migrant children, and children who are suspected of
being an individual with exceptional needs pursuant to Section
56026 and in need of special education, even though they are
advancing from grade to grade.

(2) In accordance with Section 300.213 of Title 34 of the Code
of Federal Regulations, the local educational agency shall cooperate
in the efforts of the federal Secretary of Education, under Section
6398 of Title 20 of the United States Code, to ensure the linkage
of records pertaining to migratory children with disabilities for the
purpose of electronically exchanging, among other states, health
and educational information regarding those children.

(c) (1) The child find process shall ensure the equitable
participation in special education and related services of parentally
placed private schoolchildren with disabilities and an accurate
count of those children. Child find activities conducted by local
educational agencies, or where applicable, the department, shall
be similar to those activities undertaken for pupils in public
schools.

(2) In accordance with Section 1412(a)(10)(A)(ii)(IV) of Title
20 of the United States Code, the cost of the child find activities
in private, including religious, elementary and secondary schools,
may not be considered in determining whether a local educational
agency has met its obligations under the proportionate funding
provisions for children enrolled in private, including religious,
elementary and secondary schools.

(3) The child find process described in paragraph (1) shall be
completed in a time period comparable to that for other pupils
attending public schools in the local educational agency.

(d) (1) Each special education local plan area shall establish
written policies and procedures pursuant to Section 56205 for use
by its constituent local agencies for a continuous child find system
that addresses the relationships among identification, screening,
referral, assessment, planning, implementation, review, and the
triennial assessment. The policies and procedures shall include,
but need not be limited to, written notification of all parents of
their rights under this chapter, and the procedure for initiating a
referral for assessment to identify individuals with exceptional
needs.

(2) In accordance with Section 1415(d)(1)(A) of Title 20 of the
United States Code, and Section 300.504(a) of Title 34 of the Code
of Federal Regulations, parents shall be given a copy of their rights
and procedural safeguards only one time a school year, except that
a copy also shall be given to the parents:

(A) Upon initial referral or parental request for assessment.

(B) Upon receipt of the first state complaint under Section
56500.2 in a school year.

(C) Upon receipt of the first due process hearing request under
Section 56502 in a school year.

(D) When a decision is made to make a removal that constitutes
a change of placement of an individual with exceptional needs
because of a violation of a code of pupil conduct in accordance
with Section 300.530(h) of Title 34 of the Code of Federal
Regulations.

(E) Upon request by a parent.

(F) When a prior written notice is required pursuant to Section
56500.4.

(3) A local educational agency may place a current copy of the
procedural safeguards notice on its Internet Web site, if such Web
site exists, pursuant to Section 1415(d)(1)(B) of Title 20 of the
United States Code.

(4) The contents of the procedural safeguards notice shall
contain the requirements listed in Section 1415(d)(2) of Title 20
of the United States Code and Section 300.504(c) of Title 34 of
the Code of Federal Regulations.

(5) Each special education local plan area shall establish
additional written policies and procedures that require each local
educational agency to provide informational materials, including,
but not limited to, pupil and parent rights provided under the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400
et seq.), and information regarding family empowerment centers
and parent training and information centers in their community.
The materials shall be provided in the three most common
languages used by parents served by the local educational agency
in the special education local plan area, and shall be made available
for local educational agencies to provide to their parents in their
annual parent notification information.

(e) Child find data collected pursuant to this chapter, or collected
pursuant to a regulation or an interagency agreement, are subject
to the confidentiality requirements of Sections 300.611 to 300.627,
inclusive, of Title 34 of the Code of Federal Regulations.

SEC. 2.  

Section 56345 of the Education Code is amended to
read:

56345.  

(a) The individualized education program is a written
statement for each individual with exceptional needs that is
developed, reviewed, and revised in accordance with this section,
as required by Section 1414(d) of Title 20 of the United States
Code, and that includes the following:

(1) A statement of the individual’s present levels of academic
achievement and functional performance, including the following:

(A) The manner in which the disability of the individual affects
his or her involvement and progress in the general education
curriculum.

(B) For preschool children, as appropriate, the manner in which
the disability affects his or her participation in appropriate
activities.

(C) For individuals with exceptional needs who take alternate
assessments aligned to alternate achievement standards, a
description of benchmarks or short-term objectives.

(2) A statement of measurable annual goals, including academic
and functional goals, designed to do the following:

(A) Meet the needs of the individual that result from the
disability of the individual to enable the pupil to be involved in
and make progress in the general education curriculum.

(B) Meet each of the other educational needs of the pupil that
result from the disability of the individual.

(3) A description of the manner in which the progress of the
pupil toward meeting the annual goals described in paragraph (2)
will be measured and when periodic reports on the progress the
pupil is making toward meeting the annual goals, such as through
the use of quarterly or other periodic reports, concurrent with the
issuance of report cards, will be provided.

(4) A statement of the special education and related services
and supplementary aids and services, based on peer-reviewed
research to the extent practicable, to be provided to the pupil, or
on behalf of the pupil, and a statement of the program modifications
or supports for school personnel that will be provided to enable
the pupil to do the following:

(A) To advance appropriately toward attaining the annual goals.

(B) To be involved in and make progress in the general
education curriculum in accordance with paragraph (1) and to
participate in extracurricular and other nonacademic activities.

(C) To be educated and participate with other individuals with
exceptional needs and nondisabled pupils in the activities described
in this subdivision.

(5) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in the regular class and in
the activities described in subparagraph (C) of paragraph (4).

(6) (A) A statement of individual appropriate accommodations
that are necessary to measure the academic achievement and
functional performance of the pupil on state and districtwide
assessments consistent with Section 1412(a)(16)(A) of Title 20 of
the United States Code.

(B) If the individualized education program team determines
that the pupil shall take an alternate assessment instead of a
particular state or districtwide assessment of pupil achievement,
a statement of the following:

(i) The reason why the pupil cannot participate in the regular
assessment.

(ii) The reason why the particular alternate assessment selected
is appropriate for the pupil.

(7) The projected date for the beginning of the services and
modifications described in paragraph (4), and the anticipated
frequency, location, and duration of those services and
modifications. For each related service listed in the individualized
education program, the individualized education program shall
document the type of provider delivering the service pursuant to
paragraph (3) of subdivision (a) of Section 3051 of Title 5 of the
California Code of Regulations.

(8) Beginning not later than the first individualized education
program to be in effect when the pupil is 16 years of age, or
younger if determined appropriate by the individualized education
program team, and updated annually thereafter, the following shall
be included:

(A) Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and where appropriate, independent living
skills.

(B) The transition services, as defined in Section 56345.1,
including courses of study, needed to assist the pupil in reaching
those goals.

(b) If appropriate, the individualized education program shall
also include, but not be limited to, all of the following:

(1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the prescribed
course of study of the district and to meet or exceed proficiency
standards for graduation.

(2) For individuals whose native language is other than English,
linguistically appropriate goals, objectives, programs, and services.

(3) Pursuant to Section 300.106 of Title 34 of the Code of
Federal Regulations, extended school year services shall be
included in the individualized education program and provided to
the pupil if the individualized education program team of the pupil
determines, on an individual basis, that the services are necessary
for the provision of a free appropriate public education to the pupil.

(4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:

(A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.

(B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.

(5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.

(c) It is the intent of the Legislature in requiring individualized
education programs, that the local educational agency is responsible
for providing the services delineated in the individualized education
program. However, the Legislature recognizes that some pupils
may not meet or exceed the growth projected in the annual goals
and objectives of the individualized education program of the
pupil.

(d) Consistent with Section 56000.5 and Section
1414(d)(3)(B)(iv) of Title 20 of the United States Code, it is the
intent of the Legislature that, in making a determination of the
services that constitute an appropriate education to meet the unique
needs of a deaf or hard-of-hearing pupil in the least restrictive
environment, the individualized education program team shall
consider the related services and program options that provide the
pupil with an equal opportunity for communication access. The
individualized education program team shall specifically discuss
the communication needs of the pupil, consistent with “Deaf
Students Education Services Policy Guidance” (57 Fed. Reg. 49274
(October 1992)), including all of the following:

(1) The pupil’s primary language mode and language, which
may include the use of spoken language with or without visual
cues, or the use of sign language, or a combination of both.

(2) The availability of a sufficient number of age, cognitive,
and language peers of similar abilities, which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.

(3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil’s primary language mode and language consistent with
existing law regarding teacher training requirements.

(4) Services necessary to ensure communication-accessible
academic instructions, school services, and extracurricular activities
consistent with the federal Vocational Rehabilitation Act of 1973
(29 U.S.C. Sec. 794 et seq.) and the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).

(5) In accordance with Section 300.113 of Title 34 of the Code
of Federal Regulations, each public agency shall ensure that hearing
aids worn in school by children with hearing impairments,
including deafness, are functioning properly.

(6) Subject to paragraph (7), each public agency, pursuant to
Section 300.113(b) of Title 34 of the Code of Federal Regulations,
shall ensure that external components of surgically implanted
medical devices are functioning properly.

(7) For a child with a surgically implanted medical device who
is receiving special education and a service under Section 56363,
a public agency is not responsible for the postsurgical maintenance,
programming, or replacement of the medical device that has been
surgically implanted, or of an external component of the surgically
implanted medical device.

(e) State moneys appropriated to districts or local educational
agencies may not be used for any additional responsibilities and
services associated with paragraphs (1) and (2) of subdivision (d),
including the training of special education teachers and other
specialists, even if those additional responsibilities or services are
required pursuant to a judicial or state agency determination. Those
responsibilities and services shall only be funded by a local
educational agency as follows:

(1) The costs of those activities shall be funded from existing
programs and funding sources.

(2) Those activities shall be supported by the resources otherwise
made available to those programs.

(3) Those activities shall be consistent with Sections 56240 to
56243, inclusive.

(f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children
be improved. This section does not remove the discretionary
authority of the local educational agency in regard to in-service
activities.

(g) Beginning not later than one year before the pupil reaches
the age of 18 years, a statement that the pupil has been informed
of the pupil’s rights under this part, if any, that will transfer to the
pupil upon reaching the age of 18 years pursuant to Section
56041.5.

(h) The individualized education program team is not required
to include information under one component of a pupil’s
individualized education program that is already contained under
another component of the individualized education program.

(i) This section does not require that additional information,
beyond that explicitly required by Section 1414 of Title 20 of the
United States Code and this part, be included in the individualized
education program of a pupil.

SEC. 3.  

Section 56500.4 of the Education Code is amended to
read:

56500.4.  

(a) Pursuant to Section 1415(b)(3) and (4) and (c)(1)
of Title 20 of the United States Code, and in accordance with
Section 300.503 of Title 34 of the Code of Federal Regulations,
prior written notice shall be given by the public agency to the
parents or guardians of an individual with exceptional needs, or
to the parents or guardians of a child upon initial referral for
assessment, and a reasonable time before the public agency
proposes to initiate or change, or refuses to initiate or change, the
identification, assessment, or educational placement of the child,
including any changes to the planned type or level of individualized
education program services, or the provision of a free appropriate
public education to the child. In accordance with Sections 300.304
and 300.503 of Title 34 of the Code of Federal Regulations, the
public agency shall provide a description of any assessment
procedures the agency proposes to conduct.

(b) The notice required under subdivision (a) shall, in accordance
with Section 300.503(b) of Title 34 of the Code of Federal
Regulations, include all of the following:

(1) A description of the action proposed or refused by the public
agency.

(2) An explanation of why the public agency proposes or refuses
to take the action.

(3) A description of each assessment procedure, assessment,
record, or report the public agency used as a basis for the proposed
or refused action.

(4) A statement that the parents of an individual with exceptional
needs have protection under the procedural safeguards of this part
and a copy of the procedural safeguards.

(5) Sources for parents to contact to obtain assistance in
understanding the provisions of this part, including, but not limited
to, begin insert the link on the department’s Internet Web site that provides the end insert
contact information for all family empowerment centers and parent
training and information centers in the special education local plan
area of which the local educational agency is a begin delete member. end delete begin insert member,
or, upon the request of a parent, a printed copy of that end insert begin insert information. end insert

(6) A description of other options that the individualized
education program team considered and the reasons why those
options were rejected.

(7) A description of other factors that are relevant to the proposal
or refusal of the agency.

(c) The local educational agency responsible for implementation
of a pupil’s individualized education program shall ensure that a
copy of each prior written notice given pursuant to this section is
included in the pupil’s records.

SEC. 4.  

Section 56600.7 is added to the Education Code, to
read:

56600.7.  

The local educational agency responsible for
implementation of a pupil’s individualized education program
shall annually report to the department the actual frequency and
duration of each related service provided to the pupil pursuant to
the pupil’s individualized education program.

SEC. 5.  

Section 56607 is added to the Education Code, to read:

56607.  

(a) A begin delete school district or end delete special education local plan
area shall document and report to the department all mental health
and special education services funding allocations and expenditures
and specify the dollar amount for each service.

(b) The department shall post the information on the
department’s Internet Web site.

(c) The department shall align accounting code systems to allow
the department and school districts or special education local plan
areas to accurately document the amount of funds expended for
the provision of mental health and special education services from
each funding source.

SEC. 6.  

Section 56608 is added to the Education Code, to read:

56608.  

For each pupil receiving individualized education
program related services, each local educational agency shall
annually provide begin insert to the department end insert the data needed to document
the pupil’s outcomes on all of the following outcome indicators
that are applicable to the pupil:

(a) Graduation rate.

(b) Dropout rate.

(c) Statewide assessment results.

(d) Suspension and expulsion rates.

(e) Participation in general education classes.

(f) Postschool outcomes.

SEC. 7.  

Section 56609 is added to the Education Code, to read:

56609.  

(a) The department shall monitor the number and
frequency of related services reported annually by local educational
agencies and shall compare year-to-year changes for each local
educational agency. If year-to-year services decline significantly,
then the department shall investigate the cause for the decline in
service provision.

(b) As part of its monitoring activities, the department shall
review each local educational agency’s procedures and documents
used to meet the prior written notice requirement in Section
56500.4, and shall require corrections to those procedures and
documents if the department finds that the procedures or documents
do not fulfill statutory requirements.

SEC. 8.  

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.

SEC. 9.  

It is the intent of the Legislature to enact legislation
relating to the provision of mental health services to pupils with
exceptional needs.