BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2721 (Blakeslee)
Hearing Date: 08/02/2010 Amended: 07/15/2010
Consultant: Dan Troy Policy Vote: ED 8-0
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BILL SUMMARY: AB 2721 would require the Superintendent of
Public Instruction (SPI), in consultation with specified
stakeholders, to prepare a report identifying options for
reducing administrative and legal costs borne by local education
agencies (LEAs) and parents resulting from disputes and
litigation over the adequacy and administration of
individualized education programs.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Report $400 to $600
General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
The federal Individuals with Disabilities Education Act (IDEA)
requires schools to provide a free and appropriate public
education to pupils with exceptional needs. Federal law and
corresponding regulations specify, to a large extent, what
services pupils may be eligible to receive and a process whereby
a team including education experts, the pupil and parent,
district administration, and others as deemed appropriate may
devise an individualized education plan (IEP) that will allow a
pupil with exceptional needs to benefit from their education.
A combination of federal and state laws and regulations provide
for a system of procedural safeguards to address complaints
regarding special education and related services. Included in
this system are mechanisms to file a complaint, investigate
complaints, request dispute resolution, and initiate due process
hearings.
The report required of the SPI by this bill would include an
overview of the current laws and regulations ensuring that
pupils receive a free appropriate public education and a right
to a fair hearing when disputes arise; regulations, policies,
and practices that may reduce the frequency of litigation, and
the associated administrative and legal costs borne by LEAs and
parents; and the costs and budgetary implications of special
education litigation. The report would be required to provide
recommendations for reforming IEP development and administration
and the roles and responsibilities of other departments or
agencies to reduce the cost of litigation borne by LEAs.
Finally, the report would include strategies for increasing the
use and effectiveness of alternative dispute resolution and
other litigation alternatives.
The bill would require the SPI to submit to the Legislature an
interim report on the status of the final report and any
preliminary recommendations by July 1, 2011. The SPI is to
submit the final report with recommendations to the Legislature
and Governor by December 1, 2011.
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AB 2721(Blakeslee)
While the bill states that the Department should use existing
federal and state resources to prepare the reports, the
extensive nature of the requirements would make this a
nonabsorbable activity. Costs would likely be between $400,000
and $600,000. Further, the Department of Education expressed
concerns that the timeline provided in the bill may not be
sufficient to adequately address the issue and obtain input from
stakeholders.