BILL ANALYSIS
AB 164
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 164 (Harman)
As Amended August 12, 2002
Majority vote
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|ASSEMBLY: | |(May 3, 2002) |SENATE: |39-0 |(August 27, |
| | | | | |2002) |
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(vote not relevant)
Original Committee Reference: ED.
SUMMARY : Requires the State Department of Education (SDE) to
establish a statewide program of grant funding in support of
special education alternative dispute resolution programs that
meet specified criteria.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require SDE to establish a statewide program of grant funding
in support of special education alternative dispute resolution
programs that meet specified criteria (grant program).
2)Express the intent of the Legislature to fund SDE, only from
federal funds, $300,000 annually to carry out its
responsibilities under the bill.
3)Propose 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 alternative dispute
resolution program implementation.
4)Require that SELPAs and multi-SELPAs that continue to
implement alternative dispute resolution programs after the
initial three years receive $25,000 annually in ongoing
funding plus 25 cents per unit of average daily attendance.
5)Require that SELPAs and multi-SELPAs 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)Require SDE to administer a mentorship program that identifies
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individuals with specified prerequisites to provide specified
support to implementers.
7)Specify that the provisions of this bill become inoperative on
July 1, 2008 and repealed as of January 1, 2009.
EXISTING LAW :
1)Authorizes the parent and the public education agency involved
in a special education dispute to initiate due process hearing
procedures under any of the following circumstances:
a) There is a proposal to initiate or change the
identification, assessment, or educational placement of the
child, or the provision of a free, appropriate public
education to the child;
b) There is a refusal to initiate or change the
identification, assessment, or educational placement of the
child, or the provision of a free, appropriate public
education to the child; or,
c) The parent refuses to consent to an assessment of the
child.
2)Provides that the due process hearing rights include, but are
not limited to, all of the following:
a) The right to a mediation conference, as specified;
b) The right to request a mediation conference at any point
during the hearing process, as specified;
c) The right to examine pupil records, as specified; and,
d) The right to a fair and impartial administrative hearing
at the state level, before a person knowledgeable in the
laws governing special education and administrative
hearings, under contract with SDE.
AS PASSED BY THE ASSEMBLY , this bill allowed local education
agencies to establish procedures, as specified, to require
parents involved in special education disputes who choose not to
use the mediation process, to meet, at a time and location
convenient to the parents, for the purpose of encouraging the
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use, and explaining the benefits of the mediation process to the
parents.
FISCAL EFFECT : According to the Senate Appropriations Committee,
$300,000 annually from federal funds and unknown major ongoing
federal funding costs.
COMMENTS : The Senate amendments delete the Assembly version of
this bill and insert new language. An Assembly policy committee
has not reviewed the contents of this bill.
Analysis Prepared by : Mavonne Garrity / ED. / (916) 319-2087
FN: 0006868