BILL ANALYSIS
SB 682
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Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 682 (Padilla) - As Amended: April 28, 2009
SENATE VOTE : 35-0
SUBJECT : Individuals with exceptional needs: academic and
occupational training pilot program
SUMMARY : Authorizes, to the extent federal funds are made
available, the establishment of a pilot program for the purposes
of providing combined academic and occupational training to
secondary school pupils with autism spectrum disorders (ASD) and
other special needs. Expresses the intent of the Legislature
that the pilot program established pursuant to this bill model
existing career technical education (CTE) programs, including,
but not limited to, partnership academies and regional
occupational programs or centers (ROC/Ps), that may be tailored
to meet the unique needs of pupils with autism spectrum
disorders and other special needs.
EXISTING LAW :
1)Establishes the right of individuals with exceptional needs to
receive a free appropriate public education and ensures the
right to special instruction and related services needed to
meet their individual and unique needs, in conformity with
federal law and regulations.
2)Requires the Superintendent of Public Instruction (SPI) to
establish the capacity to provide transition services for a
broad range of individuals with exceptional needs such as
employment and academic training, strategic planning,
interagency coordination, and parent training.
3)Provides for the establishment of various programs for CTE in
the public schools, including ROC/P and California partnership
academies (CPAs) program.
4)Authorizes the county superintendent of schools of each
county, with the consent of the State Board of Education
(SBE), to establish and maintain at least one ROC/P in the
county to provide education in career technical education
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courses.
5)States the intent of the Legislature that ROC/Ps provide
career technical and occupational instruction related to the
attainment of skills so that trainees are prepared for gainful
employment in the area for which training was provided.
6)Establishes the CPA as a state-school-private sector
partnership to provide combined academic and occupational
training to eligible at-risk students in grades 10-12,
inclusive.
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : Background . Existing law requires that the
individualized education program (IEP) for a pupil with
exceptional needs, beginning with the IEP in effect when the
pupil turns 16 years of age, or younger if determined
appropriate by the IEP team, to include:
1)Appropriate measurable postsecondary goals based on
assessments of training, education, employment and independent
living; and,
2)The transition services, including coursework, needed to
assist the pupil in reaching those goals.
Existing law defines "transition services" as a coordinated set
of activities for an individual with exceptional needs that
includes the following, among other things:
1)Is focused on improving the academic and functional
achievement of the pupil to facilitate transition to
postsecondary education, vocational education, integrated
employment, continuing adult education, and independent
living; and,
2)Instruction, related services, community experiences, the
development of employment and other adult living objectives,
and the acquisition of daily living skills.
This bill authorizes, to the extent federal funds are made
available, a pilot program to be established to provide academic
and occupational training to secondary school pupils with ASD
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and other special needs. The Education Code designates
"secondary" schools to include high schools, technical school,
and adult schools. The bill also expresses intent to model the
pilot program after existing CTE programs, including ROC/Ps and
CPAs. CTE is delivered in several ways. CTE can be optional
courses within existing curriculum, or provided as specialized
programs such as ROC/Ps and CPAs. The California Department of
Education (CDE) developed, and the SBE adopted, model curriculum
standards for CTE in 2005. The CTE frameworks were adopted in
2007.
ROC/Ps . The objective of ROC/Ps is to provide work-based
learning opportunities for pupils that will prepare them to
enter the workforce. ROC/Ps teach specific occupational skills
and general employment skills in all 15 industry sectors, as
outlined in the CTE standards adopted by the SBE. ROC/Ps are
established as regional programs or centers that are linked to
business and industry through advisory committees. Currently
there are 74 ROC/Ps operating in the state and according to the
CDE, approximately 460,000 students enroll in ROC/Ps each year.
The courses are open to secondary and adult students, but
students sixteen to eighteen years in grades eleven and twelve
have priority for enrollment. There are currently 42
county-operated ROC/Ps, 6 single district ROC/Ps, and 26 joint
powers agreement ROC/Ps. In Fiscal Year (FY) 2007-08, ROC/Ps
received approximately $460 million. ROC/Ps received a 15.38%
reduction in FY 2008-09 and an additional 4.46% reduction in FY
2009-10. SB 4 X3 (Ducheny), Chapter 12, Statutes of 2009, as
part of the budget agreement, provided categorical flexibility
for specified programs. ROC/Ps were included in categorical
flexibility, allowing school districts to use ROC/P funding for
any educational purpose.
CPAs . The CPA model is a three-year program in grades 10-12,
structured as a school-within-a-school. CPAs serve at-risk
pupils and the program requires that no less than one half of
each new class must meet the specified at-risk criteria. The
criteria used for student eligibility includes: irregular
attendance, past record of underachievement, low motivation or
disinterest in the regular academic program, and economically
disadvantaged. The remaining one half of the class has no
restrictions.
The curriculum of CPAs is focused on a career theme and is
coordinated with related academic classes. The integration of a
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standards based academic and career technical curriculum is a
key component of this program. The career technical focus for a
CPA is determined by an analysis of the local labor market and
considering fields that have companies willing to support the
program. Each CPA is focused in one of the 15 industry sectors
established for CTE through the CTE Model Curriculum Standards.
There are currently 380 CPAs, serving 57,000 pupils. CPAs are
funded at a rate of $540 per pupil from three separate state
funding streams. The CPA program received a 15.38% reduction in
FY 2008-09, and an additional 4.46% reduction in FY 2009-10, but
was not subject to categorical flexibility.
Intent of the bill . According to the author, this bill was
derived from a September 2007 report by the California
Legislative Blue Ribbon Commission on Autism, which was
established pursuant to SCR 51 (Perata), Resolution Chapter 124,
Statutes of 2005. The sixteen member Commission included
legislators, parents of children with autism, public and private
sector representatives, educators, physicians and public health
officials, charged with identifying gaps in programs, services
and funding for ASD and developing recommendations to the
Legislature and the Governor. According to the Commission,
"autism is characterized by language delays or other
communication problems, poor or limited social skills and
repetitive, rigid and other unusual behaviors. Autism refers to
a spectrum of disorders with a wide range of symptoms that vary
from mild to severe."
The report's section on Transitional Services and Supports
states that "existing systems were not designed to serve the ASD
population. As a result, there is a dearth of training and
professional development, successful program models in
vocational and adult education, and the full range of higher
educations systems (e.g., community college, state universities
and the University of California) as it relates to persons with
ASD?The scope of services needed for this population is very
broad due to the eclectic nature of autism. There is a real
need for developing models for how to test skills and talents,
how to assess strengths as well as weaknesses on an
individualized basis. There is also a need for developing
models for training and supportive employment for the same
reason - this population represents a broad spectrum of people
that, if served, could develop into a special talent pool for
the state."
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The intent of this bill is to establish CTE-like programs for
individuals with ASD. However, the bill also authorizes
participation from individuals with other disabilities.
According to the author's staff, individuals with ASD have
unique needs and the courses need to be tailored to this
population. Furthermore, a program designed for pupils with ASD
can be expanded for pupils with other disabilities.
An argument can be made that existing CTE programs can be
altered to meet the needs of pupils with disabilities, including
pupils with ASD. In fact, some ROC/Ps programs are designed for
pupils with disabilities. There is also an existing program,
project WorkAbility I, administered by the CDE, which offers
special education students transitioning from school to work the
opportunity to complete their secondary education while also
obtaining job training and employment placement. WorkAbility I
performs interagency coordination of services, including a
non-financial interagency agreement between the Employment
Development Department, State Department of Rehabilitation and
the CDE. In FY 2008-09, $39.5 million was allocated to this
program. The goals of this bill are similar to the objectives
of the WorkAbility I program.
Committee amendments . The bill is drafted broadly and does not
specify who is authorized to establish the pilot program (e.g.,
the SPI, districts, county offices of education), the parameters
of the pilot, or how long the pilot program will operate. The
bill also does not include an evaluation component to assess
success of the pilot. The author's office states that the
intent is to allow more than one entity to establish a pilot
program. However, the bill authorizes the establishment of "a"
pilot program. Staff recommends the following amendments:
1)Specify that county offices of education (COEs) or a
consortium of COEs are the entities authorized to conduct
pilot programs.
2)Require an evaluation at the conclusion of each pilot program
to be submitted to the CDE and the Assembly and Senate
Education Committees by January 1, 2014. Specify that the
evaluation shall contain the following information:
a) Number and grade levels of pupils who participated in
the pilot program.
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b) A description of the program(s), including the topic(s)
of the academic component and the type(s) of occupational
training provided.
c) Description of program outcomes, including but not
limited to the type of skills gained, graduation rates, job
placement, participation in postsecondary education, and
participation in job training.
3)Change the term "special needs" to "exceptional needs", which
is a federally-recognized term.
4)Add a sunset date of January 1, 2015.
Arguments in Support . The Help Group states, "The number of
adolescents with Autism Spectrum Disorders (ASDs) will continue
to rise dramatically over the coming years, as 80+% of youth
with ASDs are currently under the age of 22?The mentoring and
internship guidance, work skills training, and community
vocational partnerships represent important components of a
comprehensive program. It is imperative that students with ASD
are given the opportunities to optimize their potential to
enable them to lead productive, fulfilling lives."
Related Legislation . SB 383 (Liu), held in the Senate
Appropriations Committee Suspense file, requires the Department
of Developmental Services (DDS) to partner with a regional
center to create a two-year ASD Early Screening, Intervention,
and Treatment Pilot Program that would establish best practices
for early screening, diagnosis, referral, and treatment for
children with ASD.
SB 621 (Florez), held in the Senate Appropriations Committee
Suspense file, requires the SPI to include guidance for adapting
work-based learning for individuals with exceptional needs when
coordinating the next revision of the career technical education
curriculum framework.
SB 812 (Ashburn), held in the Senate Appropriations Committee
Suspense file, requires local city and county housing elements
to include an analysis of the special housing needs of persons
with ASDs. The bill would also require the Department of
Housing and Community Development, in cooperation with the DDS,
to report to the Legislature on the housing needs of persons
diagnosed with an ASD.
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REGISTERED SUPPORT / OPPOSITION :
Support
Alliance of California Autism Organizations
Special Education Local Plan Area Administrators
The Help Group
Tierra del Sol Foundation
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087