BILL NUMBER: AB 1795	CHAPTERED  07/19/00

	CHAPTER   137
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN SENATE   MAY 25, 2000
	AMENDED IN ASSEMBLY   APRIL 10, 2000
	AMENDED IN ASSEMBLY   MARCH 14, 2000

INTRODUCED BY   Assembly Member Dutra

                        JANUARY 27, 2000

   An act to amend Section 62000.8 of the Education Code, relating to
the special education program, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1795, Dutra.  Special education.
   Existing law, governing special education, became inoperative on
June 30, 2000.
   This bill would amend this sunset provision to June 30, 2001, and
reactivate the special education program until that date.  To the
extent that the reactivation of the laws governing special education
imposes requirements on special education local planning areas,
county offices of education, and school districts, the bill would
impose a state-mandated local program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 62000.8 of the Education Code is amended to
read:
   62000.8.  The special education program shall sunset on June 30,
2001.
  SEC. 2.  The amendment of Section 62000.8 of the Education Code
made by Section 1 of this act reactivates the special education
program on the date this act becomes effective.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act implements a federal law or
regulation and results only in costs mandated by the federal
government within the meaning of Section 17556 of the Government
Code.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 4.  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 to reactivate the provisions of the currently inoperative
special education program and continue to provide special education
to pupils as federally required, it is necessary that this act take
effect immediately.