California 2019 2019-2020 Regular Session

California Assembly Bill AB3097 Introduced / Bill

Filed 02/21/2020

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3097Introduced by Assembly Member FrazierFebruary 21, 2020 An act to amend Section 56040.3 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 3097, as introduced, Frazier. Special education: assistive technology devices.Existing law requires a local educational agency, including a charter school, as defined, to provide, on a case-by-case basis pursuant to federal law, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. Existing law also requires a local educational agency to be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.This bill would make a nonsubstantive change to the latter provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56040.3 of the Education Code is amended to read:56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3097Introduced by Assembly Member FrazierFebruary 21, 2020 An act to amend Section 56040.3 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 3097, as introduced, Frazier. Special education: assistive technology devices.Existing law requires a local educational agency, including a charter school, as defined, to provide, on a case-by-case basis pursuant to federal law, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. Existing law also requires a local educational agency to be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.This bill would make a nonsubstantive change to the latter provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 3097

Introduced by Assembly Member FrazierFebruary 21, 2020

Introduced by Assembly Member Frazier
February 21, 2020

 An act to amend Section 56040.3 of the Education Code, relating to special education. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3097, as introduced, Frazier. Special education: assistive technology devices.

Existing law requires a local educational agency, including a charter school, as defined, to provide, on a case-by-case basis pursuant to federal law, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. Existing law also requires a local educational agency to be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.This bill would make a nonsubstantive change to the latter provision.

Existing law requires a local educational agency, including a charter school, as defined, to provide, on a case-by-case basis pursuant to federal law, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. Existing law also requires a local educational agency to be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.

This bill would make a nonsubstantive change to the latter provision.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 56040.3 of the Education Code is amended to read:56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 56040.3 of the Education Code is amended to read:56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

SECTION 1. Section 56040.3 of the Education Code is amended to read:

### SECTION 1.

56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.



56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a childs home or in other settings if the childs individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.

(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device device, when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.

(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.

(c) For purposes of this section, in addition to the definition of local educational agency, in this article, local educational agency also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.