California Assembly Bill AB2721 Amended / Bill

 BILL NUMBER: AB 2721AMENDED BILL TEXT AMENDED IN SENATE JULY 15, 2010 AMENDED IN SENATE JUNE 9, 2010 AMENDED IN ASSEMBLY APRIL 27, 2010 AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Blakeslee FEBRUARY 19, 2010 An act to add and repeal Section 56510 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGEST AB 2721, as amended, Blakeslee. Special education disputes: report. Existing law establishes the right of individuals with exceptional needs to a free appropriate public education and ensures the right to special education and related services. Existing law requires that a pupil with exceptional needs be accommodated through the creation and implementation of an individualized education  plan   program  . Existing law establishes procedural safeguards under state and federal law to be established and maintained by agencies that provide education and related services to children who are individuals with exceptional needs, including procedural requirements for parties to special education disputes. This bill would require the Superintendent of Public Instruction, in consultation with specified other entities, to prepare a report identifying options for reducing administrative and legal costs borne by local educational agencies  and parents  resulting from disputes and litigation over the adequacy and administration of individualized education  plans   programs  . This bill would require the  superintendent   Superintendent  to submit an interim report to the Legislature by July 1, 2011, and a final report to the Legislature by December 1, 2011. The provisions of this bill would be repealed on December 1, 2015. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56510 is added to the Education Code, to read: 56510. (a) The Superintendent, in consultation with the Secretary for Education, the state board, the Department of Finance, each house of the California Legislature, local educational agencies or their representatives, school counselors, elementary and secondary education teachers, teachers of pupils with special needs, representatives from special education local plan areas, parents and advocates of pupils with special needs, representatives of governing boards of local educational agencies, and others deemed appropriate by the Superintendent, shall prepare a report identifying options for reducing administrative and legal costs borne by local educational agencies  and parents  resulting from disputes and litigation over the adequacy and administration of individualized education  plans   programs  . The report shall include all of the following: (1) The protections afforded to every pupil under state and federal law that establish the right of individuals with exceptional needs to a free appropriate public education, and the right to a fair hearing when an individualized education  plan   program  provided by the local educational agency is disputed by a pupil's representative. (2) Regulations, policies, and practices that may reduce the frequency of litigation, and the associated administrative and legal costs borne by local educational agencies  and parents  . (3) The current cost and budgetary implications of special education litigation borne by local educational agencies across the state. (4) Recommendations to improve the development, approval, administration, and monitoring of individualized education  plans   programs  so that funding allocated to local educational agencies is spent more efficiently on pupil education, and expenditures on administrative and legal costs associated with resolving individualized education  plan   program  disputes are reduced. (5) Possible roles and responsibilities of other departments or agencies to reduce the cost of litigation borne by local educational agencies. (6) Strategies for increasing the use and effectiveness of alternative dispute resolution and other litigation alternatives. (b) The Superintendent shall use existing state resources and federal funds to prepare the interim and final reports. (c) The Superintendent shall submit an interim report to the Legislature on the status of the final report and any preliminary recommendations no later than July 1, 2011. The Superintendent shall submit a final report with recommendations to the Legislature and the Governor no later than December 1, 2011. (d) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 1, 2015.