BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
John Vasconcellos, Chair
2001-2002 Regular Session
BILL NO: AB 164
AUTHOR: Harman
AMENDED: April 16, 2002
FISCAL COMM: Yes HEARING DATE: June 19, 2002
URGENCY: No CONSULTANT:James Wilson
Note: This bill previously addressed special education due
process hearings but it was amended March 6, 2002 to
address alternative dispute resolution. This is the first
time the bill has been heard in its current form.
SUBJECT : Special Education: Alternative Dispute Resolution
SUMMARY
This bill authorizes grants to be allocated and
administered by the State Department of Education to
support special education local plan areas
(SELPAs) in conducting alternative dispute resolution
programs for
resolving special education disputes.
NEED FOR THE BILL
As noted in the intent section of the bill: "The number of
requests for special education due process hearings and
complaints filed by parents of children with disabilities
against local education agencies have increased
significantly in recent years. The costs of litigation,
state level mediation, and investigation of complaints have
likewise increased significantly in recent years."
"The current system of dispute resolution often results in
adversarial relationships between parents and local
education agencies, thereby affecting the provision of an
appropriate education to children with disabilities. A
limited number of special education local plan areas
(SELPAs) have implemented an alternative dispute resolution
process that has successfully resolved disputes at the
local level, thereby reducing the amount and cost of
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litigation and complaint investigation at the state level."
BACKGROUND
Current law provides procedural safeguards, including due
process hearings for the resolution of complaints regarding
alleged violations of the federal Individuals with
Disabilities Education Act (IDEA) and conforming state
special education law. Under state law, special education
disputes may also be resolved through mediation prior to
filing a request for a due process hearing.
ANALYSIS
This bill:
1) Requires the State Department of Education to
establish a statewide program of grant funding in
support of special education alternative dispute
resolution programs that meet specified criteria.
2) Expresses the intent of the Legislature to fund the
State Department of Education through subsequent
appropriation of $300,000 annually to carry out its
responsibilities under the bill.
3) Proposes to fund grants for Special Education Local
Plan Areas (SELPAs) and multi-SELPA applicants at
$50,000 annually for a period of three years for
initial implementation.
4) Provides for unspecified amounts of ongoing funding
for SELPAs and multi-SELPA alternative dispute
resolution programs after the initial three years,
including 25 center per unit of average daily
attendance (ADA).
5) Requires that SELPAs and multi-SELPA receiving funding
under this bill provide specified services, including
parent outreach, formal dispute resolution, training
of parents and local staff and data collection, among
other activities.
6) Requires the State Department of Education to
administer a mentorship program that identifies
individuals with specified prerequisites to provide
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specified support to implementers.
STAFF COMMENTS
Estimated Cost. By its own terms, this bill calls for a
$300,000 annual appropriation to make grants in support of
alternative dispute resolution. Other than this statement
of intent, there is no appropriation in the bill.
SUPPORT
Association of California School Administrators
Association of Regional Center Agencies
California County Board of Education
California State PTA
Contra Costa County Office of Education
Orange County Department of Education
Riverside County Office of Education
Riverside County Schools Advocacy Association
OPPOSITION
None received on this version of the bill.