California 2021 2021-2022 Regular Session

California Assembly Bill AB2373 Amended / Bill

Filed 03/17/2022

                    Amended IN  Assembly  March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2373Introduced by Assembly Member Eduardo GarciaFebruary 16, 2022 An act to add and repeal Chapter 9 (commencing with Section 56870) of Part 30 of Division 4 of Title 2 of the Education Code, relating to pupils with exceptional needs. needs, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2373, as amended, Eduardo Garcia. Pupils with exceptional needs: adaptive sports hubs pilot program.Existing law provides that the Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.This bill would state the intent of the Legislature to enact later legislation that would establish and fund a 2-year pilot program establish the Adaptive Sports Hubs Pilot Program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, to increase access to extra curricular sports programs for pupils with exceptional needs, and would appropriate $600,000 for the 202223 fiscal year for these purposes, as provided. The bill would require pilot programs to operate consistent with an applicable federal Dear Colleague letter and to include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and to incorporate a philosophy of personal empowerment for those pupils. The bill would authorize pilot programs to, at a minimum, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs. The bill would repeal these provisions on January 1, 2029.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial and Riverside.Digest Key Vote: MAJORITY  Appropriation: NOYES  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 56870) is added to Part 30 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 9. Adaptive Sports Hubs Pilot Program56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of pupils with exceptional needs in the Counties of Imperial and Riverside in order for those pupils to access extracurricular sports programming in those counties.SECTION 1.It is the intent of the Legislature to enact later legislation that would establish and fund a two-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs.

 Amended IN  Assembly  March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2373Introduced by Assembly Member Eduardo GarciaFebruary 16, 2022 An act to add and repeal Chapter 9 (commencing with Section 56870) of Part 30 of Division 4 of Title 2 of the Education Code, relating to pupils with exceptional needs. needs, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 2373, as amended, Eduardo Garcia. Pupils with exceptional needs: adaptive sports hubs pilot program.Existing law provides that the Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.This bill would state the intent of the Legislature to enact later legislation that would establish and fund a 2-year pilot program establish the Adaptive Sports Hubs Pilot Program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, to increase access to extra curricular sports programs for pupils with exceptional needs, and would appropriate $600,000 for the 202223 fiscal year for these purposes, as provided. The bill would require pilot programs to operate consistent with an applicable federal Dear Colleague letter and to include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and to incorporate a philosophy of personal empowerment for those pupils. The bill would authorize pilot programs to, at a minimum, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs. The bill would repeal these provisions on January 1, 2029.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial and Riverside.Digest Key Vote: MAJORITY  Appropriation: NOYES  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 17, 2022

Amended IN  Assembly  March 17, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2373

Introduced by Assembly Member Eduardo GarciaFebruary 16, 2022

Introduced by Assembly Member Eduardo Garcia
February 16, 2022

 An act to add and repeal Chapter 9 (commencing with Section 56870) of Part 30 of Division 4 of Title 2 of the Education Code, relating to pupils with exceptional needs. needs, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2373, as amended, Eduardo Garcia. Pupils with exceptional needs: adaptive sports hubs pilot program.

Existing law provides that the Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.This bill would state the intent of the Legislature to enact later legislation that would establish and fund a 2-year pilot program establish the Adaptive Sports Hubs Pilot Program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, to increase access to extra curricular sports programs for pupils with exceptional needs, and would appropriate $600,000 for the 202223 fiscal year for these purposes, as provided. The bill would require pilot programs to operate consistent with an applicable federal Dear Colleague letter and to include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and to incorporate a philosophy of personal empowerment for those pupils. The bill would authorize pilot programs to, at a minimum, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs. The bill would repeal these provisions on January 1, 2029.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial and Riverside.

Existing law provides that the Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.

This bill would state the intent of the Legislature to enact later legislation that would establish and fund a 2-year pilot program establish the Adaptive Sports Hubs Pilot Program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, to increase access to extra curricular sports programs for pupils with exceptional needs, and would appropriate $600,000 for the 202223 fiscal year for these purposes, as provided. The bill would require pilot programs to operate consistent with an applicable federal Dear Colleague letter and to include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and to incorporate a philosophy of personal empowerment for those pupils. The bill would authorize pilot programs to, at a minimum, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs. The bill would repeal these provisions on January 1, 2029.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial and Riverside.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 56870) is added to Part 30 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 9. Adaptive Sports Hubs Pilot Program56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of pupils with exceptional needs in the Counties of Imperial and Riverside in order for those pupils to access extracurricular sports programming in those counties.SECTION 1.It is the intent of the Legislature to enact later legislation that would establish and fund a two-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs.

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

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

SECTION 1. Chapter 9 (commencing with Section 56870) is added to Part 30 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 9. Adaptive Sports Hubs Pilot Program56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

SECTION 1. Chapter 9 (commencing with Section 56870) is added to Part 30 of Division 4 of Title 2 of the Education Code, to read:

### SECTION 1.

 CHAPTER 9. Adaptive Sports Hubs Pilot Program56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

 CHAPTER 9. Adaptive Sports Hubs Pilot Program56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

 CHAPTER 9. Adaptive Sports Hubs Pilot Program

 CHAPTER 9. Adaptive Sports Hubs Pilot Program

56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.



56870. The Adaptive Sports Hubs Pilot Program is hereby established for purposes of funding a five-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to increase access to extracurricular sports programs for pupils with exceptional needs.

56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.(2) Local educational agency participation in the pilot program shall be voluntary.(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.



56871. (a) For the 202223 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the department for purposes of this chapter.

(b) (1) The Superintendent shall allocate funds to selected applicant local educational agencies, consistent with Section 56870, on a per pupil basis.

(2) Local educational agency participation in the pilot program shall be voluntary.

(c) In selecting local educational agencies, the Superintendent may consult with the appropriate county offices of education and special education local plan areas.

(d) For purposes of this chapter, local educational agencies means school districts, charter schools, or county offices of education.

(e) Notwithstanding any other law, funds appropriated pursuant to subdivision (a) shall be available for encumbrance or expenditure until July 1, 2028.

56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:(1) Provide access to specialized sports equipment.(2) Hire and train staff.(3) Provide transportation for pupils to the hubs.(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.



56872. (a) Pilot programs funded pursuant to this chapter shall do both of the following:

(1) Operate consistent with the federal Dear Colleague letter on Students with Disabilities in Extracurricular Athletics issued by the United States Department of Educations Office for Civil Rights on January 25, 2013, as it read on January 1, 2022.

(2) Include specific strategies to overcome barriers to the participation of pupils with exceptional needs in extracurricular athletics and incorporate a philosophy of personal empowerment for those pupils.

(b) Pilot programs funded pursuant to this chapter may, at a minimum, do all of the following:

(1) Provide access to specialized sports equipment.

(2) Hire and train staff.

(3) Provide transportation for pupils to the hubs.

(c) Pilot programs may be located in one or more local school administrative hubs per local educational agency.

56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.



56873. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of pupils with exceptional needs in the Counties of Imperial and Riverside in order for those pupils to access extracurricular sports programming in those counties.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of pupils with exceptional needs in the Counties of Imperial and Riverside in order for those pupils to access extracurricular sports programming in those counties.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of pupils with exceptional needs in the Counties of Imperial and Riverside in order for those pupils to access extracurricular sports programming in those counties.

### SEC. 2.



It is the intent of the Legislature to enact later legislation that would establish and fund a two-year pilot program in the Counties of Imperial and Riverside for adaptive sports hubs at centralized public schools for pupils in kindergarten and grades 1 to 8, inclusive, in order to, among other things, provide access to specialized sports equipment, hire and train staff, and provide transportation for pupils to the hubs.