Bill Text: CA AB126 | 2021-2022 | Regular Session | Amended
Bill Title: Special education programs: Family Empowerment Centers on Disability.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2022-06-16 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB126 Detail]
Download: California-2021-AB126-Amended.html
Amended
IN
Assembly
April 05, 2021 |
Amended
IN
Assembly
March 16, 2021 |
Introduced by Assembly Members Eduardo Garcia, O’Donnell, and Quirk |
December 18, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 56400 of the Education Code is amended to read:56400.
It is the intent of the Legislature, through enactment of this chapter and as required by state and federal law, to do all of the following:SEC. 2.
Section 56402 of the Education Code is amended to read:56402.
(a) The department shall award grants to establish Family Empowerment Centers on Disability in each of the 32 regions in the state established under the Early Start Family Resource Centers. In the first year of operation, the department shall award these grants no later than February 15, 2002. In subsequent years, to the extent funding is available, the department shall award these grants no later than February 15 of that year, except as specified in paragraph (1) of subdivision (b).SEC. 3.
Section 56406 of the Education Code is amended to read:56406.
(a) The department shall issue requests for proposals, select grantees, and award grants pursuant to this chapter. Until the start of the fiscal year after a Family Empowerment Center on Disability has been established in each of the 32 regions established under the Early Start Family Resource Centers, grants awarded to Family Empowerment Centers on Disability by the department shall be based upon a formula that does both of the following:SEC. 4.
Section 56408 of the Education Code is amended to read:56408.
(a) As a condition of receipt of funds, each Family Empowerment Center on Disability that receives assistance under this chapter and serves the parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday shall do all of the following:SEC. 5.
Section 56410 of the Education Code is amended to read:56410.
A statewide Family Empowerment and Disability Council, composed of the executive directors for the Family Empowerment Centers on Disability, shall be established. Membership on the Family Empowerment and Disability Council may also include the executive director or representative from the Early Start Family Resource Centers, funded by the State Department of Developmental Services, and from the parent centers funded by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). The department shall contract with an outside entity experienced with developing a statewide technical assistance disability network. A base amount of two hundred forty-six thousand dollars ($246,000) shall be made available, from the annual appropriation made for the Family Empowerment Centers on Disability, to support the work of the council. The Family Empowerment and Disability Council shall, at a minimum, do all of the following:SEC. 6.
Section 56411 is added to the Education Code, to read:56411.
(a) The department, on or before June 30, 2022, shall develop or update a uniform and coordinated tracking and data collection system, and establish or update outcome-based evaluation procedures and processes, for use by Family Empowerment Centers on Disability to demonstrate the centers’ ability to meet the requirements of Section 56408. The tracking and data collection system shall not be duplicative of, and shall interface with, existing special education data systems.SEC. 7.
Section 56415 of the Education Code is repealed.SEC. 8.
Section 56415 is added to the Education Code, to read:56415.
On or before June 30, 2023, the department shall do both of the following:(a)It is the intent of the Legislature to enact subsequent legislation that would appropriate the sum of twenty million dollars ($20,000,000) from the federal Governor’s Emergency Education Relief II Fund to the State Department of Education to award grants to Family Empowerment Centers on Disability and Early Start Family Resource Centers, as specified in this section, for expenditure through September 30, 2023.
(b)(1)Upon an appropriation by the Legislature as described in subdivision (a), the State Department of Education shall award grants to Family Empowerment Centers on Disability for the purpose of supporting families of pupils with disabilities, whose education is impacted by the COVID-19 pandemic, in a timely, efficient, and equitable manner by
increasing family access to alternative dispute resolution, facilitating individualized education program meetings, and other supports to families, particularly families who face language and other barriers to full participation in their child’s education.
(2)The State Department of Education shall award grants to Early Start Family Resource Centers operated through the State Department of Developmental Services in the regions in the state established under the Early Start Family Resource Centers that do not have Family Empowerment Centers on Disability as of January 1, 2021.
(c)Grants awarded to Family Empowerment Centers on
Disability and Early Start Family Resource Centers pursuant to subdivision (b) by the State Department of Education shall be based on school enrollment of the regions served by the center and shall be consistent with the allocation mechanism established by Section 56406 of the Education Code.
(d)A Family Empowerment Center on Disability or an Early Start Family Resource Center awarded
a grant pursuant to this section shall do all of the following:
(1)Use the grant to serve parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday.
(2)Spend the funds in the following manner:
(A)At least 50 percent of the funds shall be used to work in partnership with one or more special education local plan areas in the region served by the center to broaden access to alternative dispute resolution, facilitate the individualized education program process, and train additional individuals to conduct these activities, with a particular focus on serving families that face language and other barriers to full participation. Alternative dispute resolution and facilitation of individualized education program meetings may be conducted in partnership with special education local plan areas or independently.
(B)The remaining funds shall be used to avert disputes and support conflict resolution at the lowest level possible, by providing any of the following:
(i)Parent-to-parent support and training relating to the effect of the COVID-19 pandemic on the education of pupils with disabilities.
(ii)Support to local educational agencies in fulfilling their responsibilities relating to the child find mandate under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing reengagement strategies developed pursuant to Section 43504 of the Education Code for pupils with disabilities.
(iii)Language access support, including interpretation and translation of written materials, to parents, that is additional to language access support required to be provided by local educational agencies.
(iv)Referrals to parents for services, such as support for pupil and family needs, respite services, physical and mental health services, and other necessary services depending on family circumstances.
(v)Assistance to parents in accessing support through other programs, such as the Foster Youth Services Coordinating Program and programs administered by the State Department of Developmental Services and the Department of Rehabilitation.
(3)Submit the
following documents to the State Department of Education:
(A)A plan summarizing how the funding received pursuant to this section will be spent.
(B)Evidence of a partnership with at least one special education local plan area, located in the region served by the center, that operates an alternative dispute resolution program.
(C)Until funding received pursuant to this section is exhausted, an annual report detailing the number of families served, including through alternative dispute resolution and individualized education program facilitation, the demographics of the pupils served, and the services provided.
(e)In awarding funding pursuant to this section, the State Department of Education shall do all of the following:
(1)Announce and post criteria for grants on its internet website within 90 days of
the enactment of the act that adds this section, and award grants within 150 days of the enactment of the act that adds this section.
(2)Establish standard metrics to ensure consistency in data collection.
(3)Fulfill any reporting requirements associated with the federal Governor’s Emergency Education Relief II Fund.
(4)Until the funds described in subdivision (a) are exhausted, and notwithstanding Section 10231.5 of the Government Code, submit
an annual report summarizing these activities, including the information received pursuant to subparagraph (C) of paragraph (3) of subdivision (d), to the appropriate fiscal and policy committees of the Legislature.