BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 164|
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THIRD READING
Bill No: AB 164
Author: Harman (R)
Amended: 8/12/02 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 10-0, 8/7/02
AYES: Vasconcellos, McPherson, Alarcon, Alpert, Chesbro,
Karnette, Knight, O'Connell, Scott, Sher
SENATE APPROPRIATIONS COMMITTEE : 9-1, 8/21/02
AYES: Alpert, Battin, Bowen, Burton, Johannessen, Johnson,
Karnette, Murray, Poochigian
NOES: Perata
ASSEMBLY FLOOR : 73-1, 5/3/01 - See last page for vote
SUBJECT : Special education: alternative dispute
resolution
SOURCE : Author
DIGEST : This bill authorizes grants, subject to the
availability of federal funds, 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.
ANALYSIS : Current law provides procedural safeguards,
including due process hearings for the resolution of
complaints regarding alleged violations of the federal
CONTINUED
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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.
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, subject to the
availability of federal funds, to fund the State
Department of Education at $300,000 annually from
federal funds 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 specified support to
implementers.
7. Sunsets the bill's provisions on July 1, 2008.
Need for the bill :
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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
litigation and complaint investigation at the state level."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
$300,000 annually from federal funds. To the extent SELPAs
can resolve disputes at the local level, there would be a
reduction in the amount and cost of litigation and
compliant investigation at the state level.
SUPPORT : (Verified 8/21/02)
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
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,
Briggs, Calderon, Bill Campbell, John Campbell,
Canciamilla, Cardenas, Cardoza, Chan, Chavez, Cogdill,
Cohn, Corbett, Correa, Cox, Daucher, Diaz, Dickerson,
Dutra, Firebaugh, Florez, Goldberg, Harman, Havice,
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Hollingsworth, Horton, Jackson, Keeley, Kehoe, Kelley,
Koretz, La Suer, Leach, Leonard, Leslie, Liu, Longville,
Lowenthal, Maddox, Maldonado, Matthews, Migden, Mountjoy,
Nakano, Nation, Negrete McLeod, Oropeza, Robert Pacheco,
Rod Pacheco, Papan, Pescetti, Reyes, Richman, Salinas,
Shelley, Simitian, Steinberg, Thomson, Vargas,
Washington, Wayne, Wesson, Wiggins, Wright, Wyland,
Wyman, Zettel, Hertzberg
NOES: Frommer
NC:jk 8/25/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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