BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1059|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1059
Author: Liu (D)
Amended: 8/2/10
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/21/10
AYES: Romero, Huff, Alquist, Hancock, Liu, Price,
Simitian, Wyland
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/24/10
AYES: Kehoe, Cox, Alquist, Corbett, Denham, Leno, Walters,
Wolk, Wyland, Yee
NO VOTE RECORDED: Price
SENATE FLOOR : 33-0, 6/1/10
AYES: Alquist, Ashburn, Cedillo, Cogdill, Corbett, Correa,
Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez,
Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Romero, Runner, Simitian, Steinberg, Strickland, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Aanestad, Calderon, Oropeza, Walters,
Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 64-8, 8/16/10 - See last page for vote
SUBJECT : Local educational agencies: districts of
residence
SOURCE : Mental Health Advocacy Services, Inc.
CONTINUED
SB 1059
Page
2
Public Counsel Law Center
DIGEST : This bill clarifies which local educational
agency is responsible for the provision and payment of
special education services for pupils with disabilities in
the foster care system that have been detained in a
juvenile hall and who are subsequently placed in a
residential treatment facility.
Senate Floor Amendments of 8/2/10 made technical and
clarifying changes.
ANALYSIS :
Current law:
1. Provides that a pupil complies with the residency
requirements for school attendance in a school district,
if he/she is any of the following:
A. A pupil placed within the boundaries of that
school district in a group home or foster home.
B. A pupil for whom interdistrict attendance has been
approved.
C. An emancipated pupil whose residence is located
within the boundaries of that school district.
D. A pupil who lives in the home of a caregiving
adult that is located within the boundaries of that
school district.
E. A pupil residing in a state hospital located
within the boundaries of that school district.
F. Until July 1, 2012, a school district may deem a
pupil to have complied with the residency
requirements in the district if at least one parent
is physically employed within the boundaries of that
district.
2. Requires the county board of education to administer and
SB 1059
Page
3
operate juvenile court schools.
3. Requires, when an assessment determines that a pupil is
seriously emotionally disturbed and any member of the
individualized education program (IEP) team recommends
residential placement based on relevant assessment
information, the IEP team to be expanded to include a
representative of the county mental health department.
4. Requires the Superintendent of Public Instruction to
ensure that local education agencies provide special
education and those related services and designated
instruction and services contained in a pupil's IEP that
are necessary for the pupil to benefit educationally
from his or her instructional program.
5. Provides that the involvement of an administrator of the
special education local plan area in the IEP team
discussion of where to place the pupil shall in no way
obligate a public education agency to pay for the
residential costs and the cost of non-educational
services for a pupil placed in a group home or foster
family home.
6. Requires a local educational agency to appoint a
surrogate parent for a pupil under one or more of the
following circumstances:
A. The pupil is a dependent or ward of the court, has
no responsible adult to represent him/her, and either
has an IEP in place or has been referred for
assessment of special needs.
B. No parent for the pupil can be identified.
C. The local educational agency, after reasonable
efforts, cannot discover the location of a parent.
7. Provides that the surrogate parent shall serve as the
pupil's parent and shall have the rights relative to the
pupil's education that a parent has. The surrogate
parent may represent the pupil in matters relating to
special education and related services, including the
identification, assessment, instructional planning and
SB 1059
Page
4
development, educational placement, reviewing and
revising the IEP, and in all other matters relating to
the provision of a free appropriate public education of
the pupil.
State regulations require the local education agency to be
financially responsible for:
1. The transportation of a pupil with a disability to and
from the mental health services specified in the pupil's
IEP.
2. The transportation of a pupil to and from the
residential placement as specified in the IEP.
3. The special education instruction, non-mental health
related services, and designated instruction and
services agreed upon in the non-public, non-sectarian
school services contract or a public program arranged
with another special education local plan area or local
education agency.
Federal regulations require:
1. A recipient of federal Individuals with Disabilities
Education Act (IDEA) funds that operates a public
elementary or secondary education program or activity to
provide a free appropriate public education to each
qualified handicapped person who is in the recipient's
jurisdiction, regardless of the nature or severity of
the person's handicap. This section authorizes a
recipient to place or refer a handicapped person for
aid, benefits, or services other than those that it
operates or provides, and specifies that the recipient
remains responsible for ensuring that the requirements
of federal IDEA regulations are met with respect to any
handicapped person so placed or referred.
2. A placement in a public or private residential program,
including non-medial care and room and board, to be at
no cost to the parents of the child if such placement is
necessary to provide special education and related
services to a child with a disability.
SB 1059
Page
5
This bill:
1. States that for a pupil placed in a licensed children's
institution (LCI), or a licensed foster home, or a
family home, as specified, the school district in which
the pupil resides is the district of residence and
assigns that district responsibility for providing that
pupil with a free appropriate public education (FAPE).
2. Provides that for pupils in juvenile hall, the county
board of education shall be responsible for the
provision of FAPE for pupils with disabilities, however
if a determination is made that residential placement is
appropriate, the following shall apply regarding which
school district is responsible for paying for and
providing FAPE:
A. For pupils that have a biological or adoptive
parent; a legal guardian; or an individual acting as
a parent, including a grandparent, stepparent, or
other relative or an individual who is legally
responsible for the child's welfare, the responsible
district is the district in which that parent,
guardian, or individual resides;
B. For pupils who have a foster parent, surrogate
parent, or responsible adult holding educational
rights, as defined, the responsible district is the
district in which the pupil will be placed for the
residential placement; and,
C. For pupils who have a foster parent, surrogate
parent, or responsible adult holding educational
rights, as defined, and who are placed in an
out-of-state residential facility, the responsible
district is the last district in which the pupil was
enrolled prior to the pupil's detainment in juvenile
hall.
3. Requires the county office of education (COE) to
determine the responsible school district, as specified,
and to notify that district of its responsibility, and
stipulates that the responsible school district shall
remain the district of residence for that pupil
SB 1059
Page
6
throughout the duration of the residential placement,
including, as necessary, after disposition of the
pupil's juvenile delinquency case.
4. Requires the responsible school district to transition a
pupil into a subsequent education placement if a
determination is made that a less restrictive
environment is appropriate for that pupil, including by
creating a transition plan, as specified.
5. Provides that in cases of disputes regarding
responsibility for education placement or services, the
responsible school district shall implement the IEP,
including, but not necessarily limited to, paying and
providing for the education placement and any other
related service, during the duration of the dispute.
6. Allows impacted districts to appeal the designation of
responsibility to the county board of education, which
is be required to issue a decision within 60 days and
provides that the decision is final.
7. Allows the county superintendent of schools to draw a
requisition against the funds of the responsible school
district in favor of the provider of educational
services if the responsible school district fails or
refuses to assume the educational costs, as specified.
8. Stipulates that for children who are placed in a LCI, or
a licensed foster home, or a family home, the school
district of residence is the school district where the
child resides, and states that the residence of a
surrogate parent appointed pursuant to current law or of
the person responsible for making educational decisions
for the child does not determine the school district of
residence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/17/10)
Mental Health Advocacy Services, Inc. (co-source)
Public Counsel Law Center (co-source)
SB 1059
Page
7
Augustin Egelsee, L.L.P.
California Association for Parent-Child Advocacy
Center for Juvenile Law and Policy, Loyola Law School
Children's Advocacy Institute
Children's Law Center
National Center for Youth Law
California State PTA
Office of the Public Defender
San Diego County of Education
OPPOSITION : (Verified 8/17/10)
Special Education Local Plan Area Administrators
Association
Orange County Department of Education
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Block, Blumenfield, Bradford, Brownley,
Caballero, Carter, Chesbro, Conway, Cook, Coto, De La
Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Gatto,
Gilmore, Hall, Harkey, Hayashi, Hernandez, Hill, Huffman,
Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, Nestande, Niello, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NOES: Anderson, DeVore, Garrick, Hagman, Huber, Knight,
Miller, Nielsen
NO VOTE RECORDED: Bass, Blakeslee, Buchanan, Charles
Calderon, Davis, Norby, Silva, Vacancy
PQ:mw 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****