California Assembly Bill AB426 Latest Draft

 BILL NUMBER: AB 426AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Hall FEBRUARY 23, 2009  An act to add Section 56125.5 to the Education Code, relating to special education.   An act to add Section 49416 to the Education Code, relating to pup   il health.  LEGISLATIVE COUNSEL'S DIGEST AB 426, as amended, Hall.  Special education: individualized education programs: compliance.   Pupil health.   Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils.   This bill would require the State Department of Education, in consultation with the State Department of Public Health, the California Diabetes Program, and the State Department of Health Care Services, to recommend to the Legislature ways to address specific health-related needs of pupils on a school campus, by July 1, 2010.   Existing law requires the Superintendent of Public Instruction to monitor, provide technical assistance, and enforce provisions of state law regarding the provision of special education instruction and services pursuant to the federal Individuals with Disabilities Education Act (IDEA). Existing law requires that the primary focus of the state's monitoring activities be, among other things, on ensuring that public agencies meet the program requirements under state law and the IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for individuals with exceptional needs.   This bill would require the State Department of Education to impose a monetary sanction, as determined by the Superintendent, on any school that provides instruction in kindergarten and any of grades 1 to 8, inclusive, and fails to implement an individualized education program (IEP) for any pupil in accordance with state and federal law. The bill would allow the parent or guardian of a pupil to file a complaint with the department, on a form provided by the department, alleging a failure to implement an IEP.  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 49416 is added to the   Education Code   , to read:   49416. By July 1, 2010, the department, in consultation with the State Department of Public Health, the California Diabetes Program, and the State Department of Health Care Services, shall recommend to the Legislature ways to address specific health-related needs of pupils on a school campus, including, but not limited to, diabetes, asthma, and obesity-related diseases.   SECTION 1.   Section 56125.5 is added to the Education Code, to read: 56125.5. (a) The department shall impose a monetary sanction, in an amount determined by the Superintendent, on any school that provides instruction in kindergarten and any of grades 1 to 8, inclusive, and fails to implement an individualized education program (IEP) for any pupil in accordance with this part and federal law. (b) The parent or guardian of a pupil may file a complaint with the department, on a form provided by the department, alleging a failure to implement an IEP as described in subdivision (a). (c) The department may use amounts collected in satisfaction of sanctions imposed pursuant to this section to pay for any enforcement costs the department incurs in implementing this section, and shall retain any amounts that remain after all of its enforcement costs have been paid.