BILL NUMBER: SB 1261 CHAPTERED
BILL TEXT
CHAPTER 30
FILED WITH SECRETARY OF STATE JUNE 30, 1997
APPROVED BY GOVERNOR JUNE 30, 1997
PASSED THE SENATE JUNE 26, 1997
PASSED THE ASSEMBLY JUNE 26, 1997
AMENDED IN ASSEMBLY JUNE 18, 1997
INTRODUCED BY Senator Sher
(Principal coauthor: Assembly Member Torlakson)
(Coauthors: Senators Lee, O'Connell, and Rainey)
(Coauthors: Assembly Members Davis, Leach, Mazzoni, Napolitano,
and Woods)
FEBRUARY 28, 1997
An act to amend Section 56728.7 of the Education Code, relating to
special education, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1261, Sher. Special education.
(1) Existing law authorizes the Superintendent of Public
Instruction to conduct a statewide pilot program for the 1992-93,
1993-94, 1994-95, 1995-96, and 1996-97 fiscal years to enable and
encourage school districts and county offices of education, either
individually or through special education local plan areas, to
establish programs in public schools for individuals with exceptional
needs who are currently placed in nonpublic, nonsectarian schools
and to develop plans for the return of these pupils to an appropriate
public school program, with a view of determining whether these new
programs can provide an effective mainstreaming education program in
a less restrictive environment that is appropriate to each pupil's
needs for services as specified in his or her written individualized
education program.
Existing law requires the Superintendent of Public Instruction to
conduct a similar pilot program in San Mateo County and in the Contra
Costa County special education local plan area for the 1993-94,
1994-95, 1995-96, and 1996-97 fiscal years to encourage and enable
the San Mateo County Office of Education and the Contra Costa County
special education local plan area to identify pupils who currently
are placed into a nonpublic school program by San Mateo County school
districts or Contra Costa County school districts, respectively, but
are able to be returned to an appropriate public school program, and
to identify seriously emotionally disturbed pupils who currently are
in a public school program who are imminently at risk of placement
in a nonpublic school program or another more restrictive setting.
The purpose of each pilot program is to establish new public school
programs that maintain an effective mainstreaming education program
that is appropriate to each pupil's needs for the services specified
in a pupil's individualized education program, and thereby avoid
placing those pupils in a nonpublic school setting. These pilot
programs and the statewide pilot program operate through the 1996-97
fiscal year and the provisions governing these programs are repealed
as of January 1, 1999.
This bill would extend the operation of the pilot programs in San
Mateo County and Contra Costa County and the statewide pilot project
to the 1997-98 fiscal year, thereby imposing a state-mandated local
program, and would repeal these provisions on January 1, 2000.
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 no reimbursement is required by this
act for a specified reason.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56728.7 of the Education Code is amended to
read:
56728.7. (a) The Superintendent of Public Instruction may conduct
a pilot program for the 1992-93, 1993-94, 1994-95, 1995-96, 1996-97,
and 1997-98 fiscal years to enable and encourage school districts
and county offices of education, either individually or through
special education local plan areas, to establish programs in public
schools for individuals with exceptional needs who are currently
placed in nonpublic, nonsectarian schools and to develop plans for
the return of these pupils to an appropriate public school program,
with a view of determining whether these new programs can provide an
effective mainstreaming education program in a less restrictive
environment that is appropriate to each pupil's needs for services as
specified in his or her written individualized education program.
Services provided pursuant to this section to each pupil by an
individualized education program, including, but not limited to,
psychotherapy, mental health, residential, or other services provided
under provisions of Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code, shall be continued
unless otherwise agreed to by a review of the pupil's expanded
individualized education program team. The superintendent shall
select, for this purpose, no more than 10 school districts or county
offices of education that are willing to participate in the pilot
project, through an application process to be developed by the
superintendent during the 1991-92 fiscal year in accordance with
subdivision (c). A maximum of 200 pupils shall participate in the
statewide pilot program at any given time. Of the 200 pupils, not
more than 50 pupils shall be from any one school district, and no
more than 15 pupils from any one school district shall be funded
pursuant to Article 8.5 (commencing with Section 56775).
(b) In addition, the Superintendent of Public Instruction shall
conduct a pilot program in San Mateo County and in the Contra Costa
County special education local plan area for the 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years to encourage and enable
the San Mateo County Office of Education and the Contra Costa County
special education local plan area to identify pupils who currently
are placed into a nonpublic school program by San Mateo County school
districts or Contra Costa County school districts, respectively, but
are able to be returned to an appropriate public school program, and
to identify seriously emotionally disturbed pupils who currently are
in a public school program who are imminently at risk of placement
in a nonpublic school program or another more restrictive setting.
The purpose of each pilot program is to establish new public school
programs that maintain an effective mainstreaming education program
that is appropriate to each pupil's needs for the services specified
in a pupil's individualized education program, and thereby avoid
placing those pupils in a nonpublic school setting.
Services provided to a pupil pursuant to this section according to
the pupils' individualized education program, including, but not
limited to, psychotherapy, mental health, residential, or other
services provided under the provisions of Chapter 26.5 (commencing
with Section 7570) of Division 7 of Title 1 of the Government Code,
shall be continued unless otherwise agreed to by a review of the
pupil's expanded individualized education program team.
(c) The superintendent shall ensure that the local application to
participate in a pilot program pursuant to subdivision (a) describes
the program and fiscal resources that it will use in implementing the
pilot program, including, but not limited to, the establishment of
the Local Pilot Program Advisory Committee and its implementing
policies for the pilot program. The superintendent shall make every
effort to ensure that the racial, ethnic, and socioeconomic
composition of the Local Pilot Program Advisory Committee reflects
the current racial, ethnic, and socioeconomic composition of the
exceptional pupil population in the school districts in which the
pilot programs are established.
In its preparation of the application for participation in the
pilot program, the local education agency shall consult with the
special education local plan area in which it is a member and
describe the impact the pilot program would have on other programs
and resources available within the special education local plan area.
In addition, the superintendent shall ensure that there is a
sampling of multiple sizes of school districts and county offices of
education, including special education local plan areas whose special
education plan serves an average daily attendance of 30,000 or more.
The sampling shall also include all of the following:
(1) Local education agencies in urban and rural settings.
(2) Local education agencies serving large populations of
individuals with exceptional needs from low-income and ethnic and
linguistic minority families.
(3) Local education agencies impacted by a large number of
individuals with exceptional needs who are served by nonpublic,
nonsectarian schools and agencies.
(4) Local education agencies impacted by a large number of
individuals with exceptional needs who reside in a foster family
home, licensed children's institution, hospital, or other similar
medical facility and who are served by nonpublic, nonsectarian
schools or agencies.
(d) Consistent with Section 56366 and other provisions of law, it
is the intent of the Legislature that programs developed pursuant to
this section shall ensure the participation of, and coordination
with, local contracted nonpublic, nonsectarian schools through the
establishment of a Local Pilot Program Advisory Committee in order to
develop, monitor, and evaluate policies to ensure that pupils'
placements are changed when adequate progress is made and readiness
for placement in a less restrictive environment located in a public
school is achieved.
(1) The Local Pilot Program Advisory Committee shall be comprised
of representatives of local public and contracted nonpublic school
programs, parents, and other local public agencies providing services
pursuant to Chapter 26.5 (commencing with Section 7570) of Division
7 of Title 1 of the Government Code. Representatives of each Local
Pilot Program Advisory Committee shall include two representatives of
local contracted nonpublic schools designated by the California
Association of Private Specialized Education and Services without
regard to membership, one of whom shall be a representative of a
licensed children's institution when it is determined that pupils in
a licensed children's institution in a nonpublic school program
placement may be considered for placement in a mainstreaming
educational program, a representative of the special education local
plan area administrative unit, a teacher representative of a local
public school participating in the pilot program, a parent
representative of the local community advisory committee, pursuant to
the Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 and following), a representative of a parent advocate, a
representative of the local mental health advisory board, and a
representative of each local public agency providing services to
exceptional pupils within the special education local plan area under
Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1
of the Government Code.
(2) Notwithstanding any other provision of law, the Local Pilot
Program Advisory Committee shall advise on the development,
monitoring, and evaluation of policies and procedures that are
necessary to implement the pilot program. The advisement shall
include, but not necessarily be limited to, the following subjects:
(A) Pupil behaviors.
(B) Pupil achievement and classroom performance reports.
(C) Curriculum and class size.
(D) Adequate support services.
(E) Personnel qualifications.
(3) The Local Pilot Program Advisory Committee shall also advise
on development procedures and criteria for evaluating the
effectiveness of the pilot program pursuant to paragraph (1) of
subdivision (h) and shall annually submit a written evaluation of the
pilot program to the Superintendent of Public Instruction. The
Superintendent of Public Instruction shall evaluate selected pilot
programs, based on the report of each advisory committee of how goals
for an effective mainstream education program have been met in
accordance with pupils' individualized education programs.
(e) (1) Notwithstanding any other provision of law, in the
1992-93, 1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years
for pilot programs operated pursuant to subdivision (a) and in the
1993-94, 1994-95, 1995-96, 1996-97, and 1997-98 fiscal years for the
pilot programs operated pursuant to subdivision (b), the
Superintendent of Public Instruction shall apportion to each of the
school districts or county offices of education selected pursuant to
subdivision (a), and to the San Mateo County Office of Education and
the Contra Costa County special education local plan area in addition
to any funds to which that district or county office is entitled
under this chapter, an apportionment for each pupil who is returned
by that district or county office from a nonpublic school program
pursuant to this section. The apportionment shall be equal to the
average amount apportioned to the special education local plan area
in which that district or county office is located for pupils under
Sections 56740 and 56775 in the 1991-92 fiscal year for pilot
programs operated pursuant to subdivision (a), and the average amount
apportioned to the San Mateo County special education local plan
area and the Contra Costa County special education local plan area,
respectively, under those sections in the 1992-93 fiscal year for the
pilot programs operated pursuant to subdivision(b), excluding the
costs of room and board as identified by Section 56741. The costs
resulting to that district or county office from the placement of any
pupil in a public program operated by the district or county office
pursuant to this section, including any residual nonpublic school
costs for pupils transitioning into the public program, shall be
funded from this apportionment. No school district or county office
of education shall be entitled to receive any funding under Section
56740 or 56775 in any fiscal year based on the enrollment of any
pupil for which that district or county office receives funding in
that fiscal year under this subdivision.
(2) The apportionment authorized under paragraph (1) may only be
provided for pupils who were enrolled in a nonpublic, nonsectarian
school in the fiscal year prior to the new year in which the pupil is
returned to public school placement. Each pupil's placement shall
be changed, in accordance with this part, to a public school special
education program as described under this section no later than June
30, 1997, for pupils in a pilot program operated pursuant to
subdivision (a) or subdivision (b).
(3) A school district or county office of education is not
entitled to receive both a nonpublic school entitlement under Section
56740 or 56775, and a pilot program apportionment as authorized by
paragraph (1) in any fiscal year for pupils' participation in the
statewide pilot project.
(4) If a participating pupil leaves the pilot program due to age
or achievement, a change of district of residence, or if it is
subsequently determined by an individualized education program team
that a pupil's programmatic needs cannot be successfully met in the
mainstream education program, another pupil may replace that pupil if
the new pupil qualifies under paragraph (2). If a pupil leaves the
pilot program during any fiscal year for any of the above reasons,
and the pupil cannot be replaced by another pupil who qualifies under
paragraph (2), the school district or county office shall provide an
adjusted full-time equivalent number of pupils who actually
participated in the statewide pilot program for each fiscal year to
the Superintendent of Public Instruction by no later than November 30
following each fiscal year of the pilot project. The adjusted
full-time equivalent number of pupils shall be used to compute an
appropriate reduction in the preceding fiscal year's annualized pilot
program apportionment authorized under paragraph (1) before the
adjustments, if any, as specified in paragraph (7) are performed.
(5) If a nonpublic school program is resumed for a pupil due to an
unsuccessful transition to a mainstream education program, the
district or county office may resume the reporting of nonpublic
school costs under Sections 56740 and 56775 if the Superintendent of
Public Instruction has been notified as specified in paragraph (4).
(6) For a pilot program operated pursuant to subdivision (a), the
apportionment authorized under this section shall include the costs
of one certificated person who shall serve as a mainstream education
liaison. The workload of a mainstream education liaison shall not
exceed a full-time equivalent per pupil caseload of 20.
(7) The apportionment authorized under paragraph (1) shall be used
solely for purposes of providing special education programs. Any
excess apportionment remaining from the costs of operating pilot
programs pursuant to this section shall be adjusted from the
subsequent year's apportionment which the district or county office
of education may be eligible to receive. The amount of excess pilot
program apportionment shall be reported to the Superintendent of
Public Instruction by not later than November 30 following each
fiscal year of the pilot project.
(f) Notwithstanding any other provision of law, pilot project
pupils shall not be included in the calculation of the number of
instructional personnel services units to which a school district or
county office is entitled, in the calculation of pupil service ratio
as provided in Section 56760, or in the enrollment used to compute
extended year entitlements pursuant to Section 56726.
(g) This section shall not be construed to authorize any increase
in state apportionments for special education to which a
participating school district or county office of education is
entitled under this chapter.
(h) The Superintendent of Public Instruction shall evaluate the
pilot program or programs operated pursuant to criteria developed in
consultation with the participating school districts or county
offices of education and a statewide representative of contracted
nonpublic, nonsectarian schools. The evaluation shall include, but
not necessarily be limited to, descriptive information and supporting
data provided by the Local Pilot Program Advisory Committee and
others as appropriate in determining whether the program operated by
each participating district or county office accomplished each of the
following objectives:
(A) Provided pupils who were formerly placed in nonpublic,
nonsectarian schools with an appropriate and effective mainstreaming
education program which is consistent with each pupil's needs as
specified in his or her individualized education program and located
in a less restrictive environment in a public school.
(B) Served those pupils in age-appropriate, less restrictive
environments, including interaction or receiving instruction with
their nonhandicapped peers.
(C) Provided pupils who were identified as being imminently at
risk of nonpublic school placement with an appropriate and effective
mainstreaming education program that is consistent with each pupil's
needs, as specified in his or her individualized education program.
(D) Provided programs and services located in a public school to
those pupils at a cost to the public that was no greater than that
incurred in the nonpublic, nonsectarian school setting, from which
pupils are returned and those identified as being at risk of
placement under subparagraph (C), including the public program costs
for instruction, designated instruction and services, direct support
services, indirect support services, and the costs of services
provided by local public agencies under Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code. It
is the intent of the Legislature that the comparison of the costs for
services provided by public and nonpublic school programs be based
on uniform program cost accounting procedures prescribed by the
Superintendent of Public Instruction pursuant to Section 56730.5.
(i) The superintendent shall report the results of the evaluation
to the Legislature no later than January 1, 1998.
(j) This section shall remain in effect only until January 1,
2000, and as of that date is repealed.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
are the result of a program for which legislative authority was
requested by that local agency or school district, within the meaning
of Section 17556 of the Government Code and Section 6 of Article
XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the pilot programs effected by this measure to
continue to operate in the 1997-98 fiscal year, it is necessary that
this act take effect immediately.