BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 701
AUTHOR: Correa
INTRODUCED: February 27, 2009
FISCAL COMM: Yes HEARING DATE: April 29, 2009
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Special Education Local Plan Area: governance.
SUMMARY
This bill requires the governing body of a multi-district
special education local plan area (SELPA) to include one
school board member from each school district within that
SELPA.
BACKGROUND
SELPAs coordinate regionally with school districts and the
county offices of education to provide a continuum of
programs and services for pupils with special needs.
SELPAs do not provide services directly to pupils. There
are three types of SELPAs:
1) Single district.
2) Multi-district.
3) District-county office.
Current law is silent as to the specific membership of a
SELPA governing body. Each SELPA makes that determination
locally, but generally include, among others, directors of
special education and chief business officers for
participating districts.
Current law requires the local plan of a multi-district
SELPA to include, through joint powers agreements or other
contractual agreements, all of the following:
1) Provision of a governance structure and any necessary
administrative support to implement the plan.
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2) Establishment of a system for determining the
responsibility of participating agencies.
3) Designation of a responsible local agency or
alternative administrative entity to perform functions
such as the receipt and distribution of funds. Any
participating agency is authorized to perform any of
the services required by the plan.
There are 119 SELPAs in California. It is unclear how many
are multi-district SELPAs.
All SELPAs are required to submit an Annual Budget and
Service Plan to the school districts within that SELPA, and
districts must vote to approve or disapprove those reports.
All SELPAs are required to submit a local plan to the
Superintendent of Public Instruction.
ANALYSIS
This bill requires the governing body of a multi-district
special education local plan area (SELPA) to include one
school board member from each school district within that
SELPA. Specifically, this bill:
1) Requires the governance structure of multi-district
SELPA to include one member of the governing board of
each participating local educational agency, selected
by a majority vote of the respective governing board.
2) Authorizes the governance structure to include a
county superintendent of schools in lieu of a
governing board member of the county office of
education (for multi-district SELPAs that include the
county office of education).
STAFF COMMENTS
1) Mandate . This bill imposes a local mandate. Should
the Legislature prescribe the membership of the
governing body of a special education local plan area?
2) Why not include district superintendents ? This bill
requires that a school district board member be
included on the governing body of multi-district
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SELPAs. Should district superintendents, who should
have direct knowledge of local special education
needs, be included as well? All school board members
are elected, while district superintendents are
typically hired by the school board.
3) Increased membership . It is possible for a
multi-district SELPA to include a large number of
school districts. This bill could result in the
significant increase in the number of members of a
SELPA governing body. Should the role of other
members be reduced to avoid situations where the size
of a SELPA governing body doubles, for example?
4) County superintendents and board members . This bill
requires county board members to be included on the
SELPA governing body if the county office of education
is a participant in a multi-district SELPA. This bill
allows a county superintendent to be included in the
SELPA governing body in lieu of a member of the county
board of education. If there are numerous SELPAs
within a county (16 in Los Angeles County), it is
possible that a county board member or superintendent
would be required to be a member of the governing body
of several SELPAs. Is this reasonable?
SUPPORT
Alliance of California Autism Organizations
California Association for Parent-Child Advocacy
California Disability Community Action Network
California Parents Association of America
Gupo de Autismo Angeles, Inc.
Individuals
OPPOSITION
Association of California School Administrators
Special Education Local Plan Area Administrators