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, 2001) |SENATE: |39-0 |(August 27, |
| | | | | |2002) |
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(vote not relevant)
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|COMMITTEE VOTE: |13-0 |(August 28, |RECOMMENDATION: |concur |
| | |2002) | | |
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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.
AB 164
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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
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July 1, 2008 and repealed as of January 1, 2009.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.
AB 164
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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 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.
Alternative dispute resolution (ADR ): ADR is a framework for
people in local communities to solve their problems prior to state
intervention. Its purpose is to develop effective, creative, and
cost effective methods that ensure a preferable means of resolving
conflict at the local level. The ADR framework is designed to
handle conflict in a quick, cost-effective, and satisfactory manner
to each party.
Arguments in support: According to the author, this bill will
reduce the number of costly due process hearings without
compromising the right of the parents or the child, expand the
options available to the parent, take the adversarial aspect out of
the process, and shorten the time between filing a complaint and
resolution.
Analysis Prepared by : Mavonne Garrity / ED. / (916) 319-2087
FN: 0007748