BILL ANALYSIS
AB 1742
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1742 (Coto) - As Amended: March 15, 2010
SUBJECT : Special education.
SUMMARY : Provides that a nonpublic, nonsectarian school (NPS)
that provides special education and related services to a pupil
with disabilities may include technology-based materials, as
defined in current law, as part of the standards-based, core
curriculum and instructional materials that the NPS is required
to provide. Specifically, this bill : Allows the use of
technology-based materials as part of the standards-based, core
curriculum and instructional materials that a NPS is required to
provide access to consistent with an individualized education
program (IEP) to a pupil with disabilities.
EXISTING LAW :
1)Allows services by NPSs and nonpublic, nonsectarian agencies
be provided to pupils with disabilities under contract with a
local educational agency (LEA), as specified, if no
appropriate public education program is available.
2)Authorizes the Superintendent of Public Instruction (SPI) to
revoke or suspend the certification of a NPS for any of the
specified reasons.
3)Requires a NPS that provides special education and related
services to a pupil with disabilities in kindergarten and any
of grades one through 12, inclusive, (K-12) to certify in
writing to the SPI that it meets specified requirements,
including that pupils have access to curricula and
instructional materials that are approved by the State Board
of Education (SBE) for kindergarten and grades 1-8, inclusive
(K-8) and to standards-aligned materials used by any LEA that
contracts with the NPS for grades 9-12, inclusive, and that
those materials are consistent with each pupil's IEP.
4)Establishes the Instructional Materials Funding Realignment
(IMFR) program requiring the California Department of
Education (CDE) to apportion funds appropriated for purposes
of the program to school districts to ensure that each pupil
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is provided with standards-aligned basic instructional
materials as adopted by the SBE subsequent to the adoption of
content standards for K-8 or as adopted by the local governing
board for grades 9 to 12, inclusive.
5)Defines "technology-based materials" as basic or supplemental
instructional materials designed as learning resources that
require the availability of electronic equipment in order to
be used, and excludes the electronic equipment required to
make use of those materials unless that equipment is to be
used by pupils and teachers as a learning resource.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : LEAs may contract with state certified NPSs to
provide special educational facilities, special education or
designated instruction and services required by a pupil with
disabilities if no appropriate public education program is
available at the LEA. In these cases, the LEA and the NPS enter
into a written agreement- know as a master contract- to specify
the general administrative and financial agreements in providing
education and related services to pupils with disabilities in
accordance with their IEP.
Every NPS must be certified by the California Department of
Education (CDE) before it can enter into a master contract with
a LEA to provide services to pupils with disabilities enrolled
in a California public school. Once a NPS is certified, it must
submit an annual renewal application to the CDE. In addition to
meeting specified certification requirements, a NPS that
provides special education is required to offer curricula and
instructional materials that are approved by the SBE for K-8, or
that are standards-aligned and used by any LEA that contracts
with the NPS for grades 9-12, inclusive, in accordance with the
grade levels served by the NPS. This bill adds to these
existing provisions that the materials may include
technology-based materials as defined in current law. AB 1398
(Blumenfield), Chapter 293, Statutes of 2009, modified the
definition of technology-based materials to include the
electronic equipment required to make use of such materials if
that equipment is to be used by pupils and teachers as a
learning resource.
Current law authorizes a governing board of a school district,
once the district certifies that each pupil has been provided
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with standards-aligned textbooks or basic instructional
materials in the core curriculum areas of reading/language arts,
mathematics, science, and history/social sciences, to use the
remaining IMFR program funds for other stated purposes, such as
to purchase at the discretion of the district supplementary
instructional materials and technology-based materials. As a
result of AB 1398, current law now allows districts to use IMFR
program funds for purchasing equipment to make use of
technology-based materials, as specified.
To the extent the SBE has adopted technology-based materials as
part of adopted programs, those materials are available for
purchase and use in grades K-8 regardless of educational
setting. A review of the SBE adoption lists for the core
subject, standards-aligned adoptions since 2005 shows that the
number of electronic editions of adopted instructional materials
has increased significantly. For example, the 2007 math
adoption includes 22 basic programs, 10 of which are available
in an optical disk (CD or DVD-ROM), two are available as online
texts, and one program has an integrated electronic component.
In reading-language arts, nine basic programs were adopted,
three of which are available in an optical disk (CD or DVD-ROM),
four are available as online texts, and one program has an
integrated electronic component. Additionally, if a LEA that
contracts with a NPS adopts technology-based materials for
grades 9-12, the NPS is allowed to use those same materials, as
long as the materials are consistent with each pupil's IEP.
A NPS is required to follow existing provisions relative to
ensuring pupils have access to the specified instructional
materials consistent with a pupil's IEP. To the extent that
technology-based materials meet those same requirements, current
law does not prohibit the use of such materials by pupils
attending NPSs. While an argument could be made that
legislation is not necessary to allow for the use of these
materials as specified in this bill, supporters would argue that
this bill promotes the use of technology-based materials in
special education settings.
According to the author, "AB 1742 ensures equal access to
technology for all students with special needs, including those
attending 'nonpublic, nonsectarian schools,' by encouraging
Individualized Education Teams to determine the appropriateness
of technology for students with autism and other related
disorders, through the students' individualized education
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program."
Arguments in support : The California Alliance of Child and
Family Services writes, "In today's education settings, it is
critical that our special education teachers have as many tools
as possible when modifying the curriculum to meet the needs of
the children and youth in their classroom. Offering special
education youth the opportunity to utilize technology-based
materials will ensure that they have access to the material in a
mode that reflects their individual needs. Based on our
commitment to high quality education programs and services for
youth, we are pleased to support, AB 1742 (Coto)."
Related legislation : AB 2694 (Blumenfield) revises the
definition of "supplementary instructional materials" and
requires governing boards of school districts when adopting
instructional materials to include the use of relevant
technological instructional materials, as specified. AB 2694 is
pending in this Committee and is scheduled to be heard today.
Previous legislation : AB 216 (Bass) Chapter 382, Statutes of
2007 provides that for K-8, a NPS shall provide pupils access to
state-adopted, standards-based, core curriculum and
instructional materials, and for grades 9 to 12, inclusive,
requires an NPS to provide pupils access to standards-based,
core curriculum and instructional materials used by any LEA that
contracts with the NPS.
AB 1398 (Blumenfield) Chapter 293, Statutes of 2009, modifies
the definition of technology-based materials to include the
electronic equipment required to make use of such materials if
that equipment is to be used by pupils and teachers as a
learning resource.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Private Special Education Schools
California Alliance of Child and Family Services
Opposition
None on file.
AB 1742
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Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087