Bill Text: CA SB701 | 2009-2010 | Regular Session | Amended

California Senate Bill 701 (Prior Session Legislation)

Bill Title: Special education: local plans.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB701 Detail]

Download: California-2009-SB701-Amended.html

BILL NUMBER: SB 701	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Correa
    (   Coauthor:   Senator   Alquist
  ) 

                        FEBRUARY 27, 2009

   An act to amend Section 56195.1 of the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 701, as amended, Correa. Special education: local plans.
   (1) Existing law requires the governing board of a school district
to adopt a local plan individually, in conjunction with one or more
school districts, or by joining with the county office of education.
Existing law requires that a local plan adopted by a school district
in conjunction with one or more school districts include joint powers
agreements or other contractual agreements that, among other things,
provide for a governance structure and any necessary administrative
support to implement the plan.
   This bill would require that the governance structure for such an
arrangement include one member of the governing board of each
participating local educational agency selected by a majority vote of
each respective governing board. The bill would authorize the
governance structure to include a county superintendent of schools to
serve in lieu of a governing board member for a county office of
education included in the plan.
   By requiring school districts and county offices of education to
perform additional duties, this bill would impose a state-mandated
local program.
   (2) 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56195.1 of the Education Code is amended to
read:
   56195.1.  The governing board of a school district shall elect to
do one of the following:
   (a) If of sufficient size and scope, under standards adopted by
the board, submit to the Superintendent a local plan for the
education of all individuals with exceptional needs residing in the
district in accordance with Chapter 3 (commencing with Section
56205).
   (b) In conjunction with one or more local educational agencies,
submit to the Superintendent a local plan for the education of
individuals with exceptional needs residing in those school districts
or counties in accordance with Chapter 3 (commencing with Section
56205). The plan shall include, through joint powers agreements or
other contractual agreements, all  of  the following:
   (1)  (A)    Provision of a governance structure
and any necessary administrative support to implement the plan. The
governance structure to implement the local plan shall include one
member of the governing board of each participating local educational
agency selected by a majority vote of the respective governing
board. The governance structure may include a county superintendent
of schools in lieu of a governing board member for a county office of
education included in the plan. 
   (B) A special education local plan area shall consider methods to
include governing board members from school districts and, as
appropriate, the county office of education, within its governance
structure in a manner that does not increase the size of the
structure beyond the level that allows each member to fully
participate and the structure to operate efficiently and effectively.

   (2) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the special education local plan area.
   (3) Designation of a responsible local agency or alternative
administrative entity to perform functions such as the receipt and
distribution of funds, provision of administrative support, and
coordination of the implementation of the plan. Any participating
agency may perform any of these services required by the plan.
   (c) Join with the county office, to submit to the Superintendent a
local plan in accordance with Chapter 3 (commencing with Section
56205) to  assure   ensure  access to
special education and services for all individuals with exceptional
needs residing in the geographic area served by the plan. The county
office shall coordinate the implementation of the plan, unless
otherwise specified in the plan. The plan shall include, through
contractual agreements, all of the following:
   (1) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the geographical area served by the
plan.
   (2) Designation of the county office, of a responsible local
agency, or of any other administrative entity to perform functions
such as the receipt and distribution of funds, provision of
administrative support, and coordination of the implementation of the
plan. Any participating agency may perform any of these services
required by the plan.
   (d) The service area covered by the local plan developed under
subdivision (a), (b), or (c) shall be known as the special education
local plan area.
   (e) This section does not limit the authority of a county office
and a school district or group of school districts to enter into
contractual agreements for services relating to the education of
individuals with exceptional needs. Except for instructional
personnel service units serving infants, until a special education
local plan area adopts a revised local plan approved pursuant to
Section 56836.03, the county office of education or school district
that reports a unit for funding shall be the agency that employs the
personnel who staff the unit, unless the combined unit rate and
support service ratio of the nonemploying agency is equal to or lower
than that of the employing agency and both agencies agree that the
nonemploying agency will report the unit for funding.
   (f) A charter school that is deemed a local educational agency for
the purposes of special education pursuant to Article 4 (commencing
with Section 47640) of Chapter 6 of Part 26.8 shall participate in an
approved local plan pursuant to subdivision (a), (b), or (c). A
charter school may submit written policies and procedures to the
department for approval by the state board, which establish
compliance with the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), and implementing regulations, either
individually, pursuant to subdivision (a) or with other charter
schools pursuant to subdivision (b). The state board shall review
these policies and procedures, based on the criteria established
pursuant to Section 56100. Upon approval by the state board, these
written policies and procedures shall become the local plan.
  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.