BILL ANALYSIS
SB 1432
Page 1
Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1432 (Hancock) - As Amended: August 2, 2010
Policy Committee: EducationVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires an applicant school district or county office
of education (COE), as a condition of approval by the State
Department of Education (SDE) for a project that serves pupils
with exceptional needs, to do either of the following:
1)Provide written confirmation or documentation that each has
conferred with the other regarding the need for special
education facilities within the project application and
certify that the project includes the appropriate facilities,
which may include necessary classrooms, toilet rooms, and
medical therapy facilities for pupils with exceptional needs,
as specified.
2)Provide written confirmation or documentation that each has
conferred with the other regarding the need for special
education facilities within the project application and
certify that the project has dedicated acreage of sufficient
size and in an appropriate location to support the
construction of facilities for pupils with exceptional needs,
as referenced above.
a) Requires a school district and COE, if the project does
not include facilities or the appropriate acreage for
pupils with exceptional needs, to certify they have
conferred and determined that there are no special
education facilities needs for the project.
FISCAL EFFECT
Minor, absorbable costs to the SDE, to implement this measure.
SB 1432
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COMMENTS
1)Purpose . Current law requires pupils with exceptional needs
to be educated with non-disabled children. It also requires
separating pupils with exceptional needs from a regular
education environment (e.g., via special day class or separate
school) to only occur when instruction cannot be
satisfactorily achieved with the use of supplementary aids and
services.
Statue, via regulations, also establishes standards for new
schools with regard to special education facilities, including
requiring special day classes be distributed throughout the
school facility and establishing minimum square footage
requirements for programs with special education resource
specialists and speech/language services.
According to the Coalition of Adequate School Housing, sponsor
of this measure, "All agencies (state and local) involved in
the planning and provision of public school facilities need to
collaborate to ensure that the requirement to house special
education students in the least restrictive environment is
met. Too often, state and local jurisdictions work in "silos"
with little dialogue about their collective needs or the
impact of their projects on each other. [This bill] would in
essence spur a much-needed dialogue among and between the
local and state agencies required to serve individuals with
exceptional needs."
2)The State School Facilities Program (SSFP) , administered by
the State Allocation Board (SAB), provides funding primarily
to school districts and COEs to construct or modernize
education facilities. The SSFP receives funding from a
variety of sources, including the state GF and proceeds from
the sale of general obligation bonds. Programs under the SSFP
include new construction, modernization, career technical
education facilities, and charter school facilities.
Statute prohibits the SAB from apportioning school facility
funds to any school district or COE unless it has certified to
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the SAB that it has obtained written confirmation regarding
school site selection, building plans, and other standards
specified by SDE.
Under the SSFP, school districts and COEs receive specific
grants to construct facilities that serve pupils with
exceptional needs. For pupils with exceptional needs new
construction grants are provided based upon the level of
disability (severe vs. non-severe), without regard to grade
level. These grant amounts are at a significantly higher level
than those for non-special education pupils. The special
education new construction grants are higher to provide
enhanced electrical and plumbing fixtures, more accessible
doors and grab bars, extra sinks, restrooms, changing areas,
and other facilities for special education students.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081