BILL ANALYSIS
AB 1742
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1742 (Coto)
As Amended June 17, 2010
Majority vote
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|ASSEMBLY: |76-0 |(May 13, 2010) |SENATE: |34-0 |(July 1, 2010) |
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Original Committee Reference: ED.
SUMMARY : Stipulates that a nonpublic, nonsectarian school (NPS)
that provides special education and related services to a pupil
with disabilities includes technology-based materials as part of
the standards-based core curriculum and instructional materials
that the NPS is required to provide access to, as specified.
The Senate amendments require, rather than allow,
technology-based materials to be part of the standards-based
core curriculum and instructional materials, as specified, 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)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 Superintendent of Public Instruction 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.
3)Establishes the Instructional Materials Funding Realignment
(IMFR) program requiring the California Department of
Education (CDE) to apportion funds appropriated for purposes
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of the program to school districts to ensure that each pupil
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.
4)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.
AS PASSED BY THE ASSEMBLY , this bill allowed technology-based
materials to be part of the standards-based, core curriculum and
instructional materials that an NPS was required to provide
access to, as specified and consistent with a pupil's IEP.
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 - known 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 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
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be used by pupils and teachers as a learning resource.
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, 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, 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.
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."
Previous legislation: AB 216 (Bass) Chapter 382, Statutes of
2007 provides that for grades 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.
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Analysis Prepared by : Marisol Avina / ED. / (916) 319-2087
FN: 0005208