Amended IN Assembly March 12, 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 amended, 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. Existing law specifies that this responsibility is 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 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.This bill would make a nonsubstantive change to the latter provision. extend by 2 months the maximum time the above-described responsibility is in force from the date that the individual ceased to be enrolled in that local educational agency. Because the bill would impose new duties on local educational agencies, it would constitute a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES 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, 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 four 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.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly March 12, 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 amended, 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. Existing law specifies that this responsibility is 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 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.This bill would make a nonsubstantive change to the latter provision. extend by 2 months the maximum time the above-described responsibility is in force from the date that the individual ceased to be enrolled in that local educational agency. Because the bill would impose new duties on local educational agencies, it would constitute a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 12, 2020
Amended IN Assembly March 12, 2020
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 amended, 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. Existing law specifies that this responsibility is 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 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.This bill would make a nonsubstantive change to the latter provision. extend by 2 months the maximum time the above-described responsibility is in force from the date that the individual ceased to be enrolled in that local educational agency. Because the bill would impose new duties on local educational agencies, it would constitute a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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. Existing law specifies that this responsibility is 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 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.
This bill would make a nonsubstantive change to the latter provision. extend by 2 months the maximum time the above-described responsibility is in force from the date that the individual ceased to be enrolled in that local educational agency. Because the bill would impose new duties on local educational agencies, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## 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, 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 four 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.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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, 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 four 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, 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 four 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, 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 four 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, 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 four 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, 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 four 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.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.