BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1742
AUTHOR: Coto
AMENDED: June 17, 2010
FISCAL COMM: No HEARING DATE: June 23, 2010
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Non-public schools: technology-based instructional
materials.
KEY POLICY ISSUE
Should existing law that requires non-public schools to
certify that their pupils have access to instructional
materials include reference to technology-based materials?
SUMMARY
This bill specifies that instructional materials to which
pupils attending a non-public school are to have access
include technology-based materials.
BACKGROUND
Current law:
1) Allows instruction and services by a non-public school
(NPS) and a non-public agency (NPA) to be provided to
pupils with disabilities under contract with a local
educational agency (LEA), as specified, if no
appropriate public education program is available.
(Education Code 56365)
2) Requires a NPS to certify in writing to the
Superintendent of Public Instruction that it meets
specific 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, and to standards-aligned
materials used by any LEA that contracts with the NPS
for grades 9-12, and that those materials are consistent
with each pupil's individualized education program
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(IEP). (EC 56366.10)
3) 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 as a learning
resource. The equipment necessary to operate the
materials are not considered technology-based materials
unless that equipment is to be used as a learning
resource. (EC 60010)
4) Authorizes a governing board of a school district, once
the district certifies that each pupil has been provided
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 any remaining
instructional materials funding for other stated
purposes, such as to purchase supplementary
instructional materials and technology-based materials.
(EC 60242)
ANALYSIS
This bill states that the core curriculum and instructional
materials to which pupils attending a non-public school must
have access include technology-based materials, as defined in
current law.
STAFF COMMENTS
1) Need for the bill : 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 program via an alignment with AB 1398
(Blumenfield)." (see Background #3)
2) Practical effect . This bill essentially provides a
cross-reference to the existing definition of
"technology-based materials" in the section of the
Education Code relative to specific certifications that
non-public schools must provide to the California
Department of Education. This bill does not require a
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NPS to purchase or otherwise provide technology-based
materials to pupils. One could argue that this bill is
unnecessary because the existing definition of
"instructional materials" includes "technology-based
materials." Staff notes that a cross-reference to the
definition of "instructional materials" does not
currently exist in statutes relative to non-public
schools.
3) Related legislation . AB 2694 (Blumenfield, 2010)
expands the definition of "supplementary instructional
materials" to include current, relevant technology, and
authorizes schools to include relevant technology-based
materials when adopting instructional materials. AB
2694 is scheduled to be heard by this Committee on June
23, 2010.
SUPPORT
California Association of Private Special Education Schools
California School Boards Association
California State PTA
Spectrum Center
Numerous pupils
OPPOSITION
None received.