CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1016Introduced by Senator PortantinoFebruary 14, 2022 An act to add Article 2.4 (commencing with Section 56332) to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTSB 1016, as introduced, Portantino. Special education: eligibility: fetal alcohol spectrum disorder.Existing law requires all children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, to be identified, located, and assessed. Existing regulations adopted by the State Board of Education provide that a child who is assessed as having a specified health impairment or other health impairment is entitled to special education and related services. Those regulations define other health impairment as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the environment that is due to a chronic or acute health problem and adversely affects the childs educational performance.This bill would require the state board to include fetal alcohol spectrum disorder in that definition of other health impairment. By broadening the group of pupils eligible for special education and related services, the bill would impose 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: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 2.4 (commencing with Section 56332) is added to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, to read: Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1016Introduced by Senator PortantinoFebruary 14, 2022 An act to add Article 2.4 (commencing with Section 56332) to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTSB 1016, as introduced, Portantino. Special education: eligibility: fetal alcohol spectrum disorder.Existing law requires all children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, to be identified, located, and assessed. Existing regulations adopted by the State Board of Education provide that a child who is assessed as having a specified health impairment or other health impairment is entitled to special education and related services. Those regulations define other health impairment as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the environment that is due to a chronic or acute health problem and adversely affects the childs educational performance.This bill would require the state board to include fetal alcohol spectrum disorder in that definition of other health impairment. By broadening the group of pupils eligible for special education and related services, the bill would impose 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: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1016
Introduced by Senator PortantinoFebruary 14, 2022
Introduced by Senator Portantino
February 14, 2022
An act to add Article 2.4 (commencing with Section 56332) to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1016, as introduced, Portantino. Special education: eligibility: fetal alcohol spectrum disorder.
Existing law requires all children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, to be identified, located, and assessed. Existing regulations adopted by the State Board of Education provide that a child who is assessed as having a specified health impairment or other health impairment is entitled to special education and related services. Those regulations define other health impairment as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the environment that is due to a chronic or acute health problem and adversely affects the childs educational performance.This bill would require the state board to include fetal alcohol spectrum disorder in that definition of other health impairment. By broadening the group of pupils eligible for special education and related services, the bill would impose 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 all children with disabilities residing in the state, regardless of the severity of their disabilities, and who are in need of special education and related services, to be identified, located, and assessed. Existing regulations adopted by the State Board of Education provide that a child who is assessed as having a specified health impairment or other health impairment is entitled to special education and related services. Those regulations define other health impairment as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the environment that is due to a chronic or acute health problem and adversely affects the childs educational performance.
This bill would require the state board to include fetal alcohol spectrum disorder in that definition of other health impairment. By broadening the group of pupils eligible for special education and related services, the bill would impose 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. Article 2.4 (commencing with Section 56332) is added to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, to read: Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.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. Article 2.4 (commencing with Section 56332) is added to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, to read: Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.
SECTION 1. Article 2.4 (commencing with Section 56332) is added to Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, to read:
### SECTION 1.
Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.
Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.
Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment
Article 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment
56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.
56332. The state board shall include fetal alcohol spectrum disorder in the definition of other health impairment in Section 3030 of Title 5 of the California Code of Regulations.
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.