(1)Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education, and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. Under existing law, a local educational agency, as defined, may be responsible for providing an assistive technology device, as defined, for the use of a pupil with exceptional needs when that device is needed to implement that pupils individualized education program.

This bill would require 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. The bill would also require 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. The bill would specify that this responsibility would 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 2 months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.

Because this bill would impose new duties on local educational agencies, it would constitute 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 the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 605

Author:(Maienschein)

As Amended Ver:August 14, 2019

Majority vote

SUMMARY:

Requires, consistent with federal regulations, that on a case-by-case basis local education agencies (LEAs) and charter schools allow students the use of school-purchased assistive technology devices at the student's home or in other settings if a student's individualized education plan (IEP) team determines that the student needs access to those devices in order to receive a free and appropriate public education. Also requires an LEA to continue to provide the device or a comparable device after a student disenrolls from that LEA, until another can be provided, or until two months have elapsed from the date the student was enrolled in the LEA or charter school, whichever occurs first.

The Senate Amendments:

Clarify that an LEA is not required to provide assistive technology devices to students with exceptional needs after they graduate, as specified, shortens the responsibility of a student's former LEA to provide devices to a student that ceased enrollment from six months to two months, and correct reference to charter school law.

COMMENTS:

Assistive technology devices. Federal law defines an assistive technology device used by students with disabilities as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs.

The author indicates that the specific concern the bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. Assistive technology is a broad category which includes many different types of equipment, including voice recognition software, voice output devices and hearing aids, among many others.

Current requirements to provide assistive technology devices to students with disabilities. State and federal law require that children with exceptional needs be provided a free and appropriate education. Each student with exceptional needs is provided a plan, known as an IEP, for how to meet the student's unique needs.

State law requires that, when developing a student's IEP, the team consider whether the pupil requires assistive technology devices. In addition, federal regulations require LEAs to allow a student to use school-purchased assistive technology devices in their home or in other settings if the student's IEP determines it is necessary for their education.

According to the Author:

"Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home."

Arguments in Support:

Portview Preparatory School writes, "We have seen, firsthand, the benefits of continuity for augmentative communication devices (or talkers). One of the best ways to encourage the use of augmentative communication and to make it reinforcing for the student or child is for the community around that child to engage in conversation with the device itself. When loved ones and practitioners alike engage in conversation that is reciprocal and reinforced we have seen, in our own data, that communication increases. Furthermore, we have also documented research that shows that by increasing functional communication we will see decreases in challenging or maladaptive behaviors. We support this bill because it will lead to increases in independence and quality of life for our exceptional students and it will aid our devoted practitioners in teaching and assisting students to increase their communication ability, thus providing these wonderful students with greater access to their environment and the individuals within."

Arguments in Opposition:

None

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM EDUCATION: 5-0-1

YES: O'Donnell, Kalra, McCarty, Smith, Weber

ABS, ABST OR NV: Kiley

ASM APPROPRIATIONS: 15-0-3

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Jones-Sawyer, Maienschein, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Bigelow, Fong, Obernolte

ASSEMBLY FLOOR: 72-0-8

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Bigelow, Chen, Dahle, Kiley, Melendez, Obernolte, Salas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Morrell

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Chang

UPDATED:

VERSION: August 14, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001441

 THIRD READING 

Bill No: AB 605

Author: Maienschein (D), et al.

Amended: 8/14/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 5/6/19 - See last page for vote

SUBJECT: Special education: assistive technology devices

SOURCE: Educate. Advocate.

Empower Family California

DIGEST:

This bill requires local educational agencies (LEAs) to allow students the use of school-purchased assistive technology devices at the student's home or in other settings if the student’s individualized education plan (IEP) team determines that the device is needed.

Senate Floor Amendments of 8/14/19 clarify that an LEA is not required to provide assistive technology devices to students with exceptional needs after they graduate, as specified, shortens the responsibility of a student’s former LEA to provide devices to a student that ceased enrollment from six months to two months, and correct reference to charter school law.

ANALYSIS:

Existing law:

1. Requires that children with exceptional needs between the ages of three and five be provided with a free and appropriate education. (EC 56026)
2. Defines “assistive technology device,” as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. (EC 56020.5)
3. Requires that on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free and appropriate public education. (34 CFR § 300.105)
4. States that LEAs are responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. States that this does not include medical equipment. (EC 56363.1)
5. Requires that, when developing each pupil’s IEP, the IEP team consider whether the pupil requires assistive technology devices. (EC 56341.1)

This bill:

1. Requires, pursuant to federal regulations, that an LEA provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings if the IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.
2. Requires that a LEA 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 LEA, ceases to be enrolled in that LEA.
3. Makes this requirement in force until alternative arrangements for providing continuous access to the device, or access to a comparable device, can be made, or until two months have elapsed from the date that the individual ceased to be enrolled in that LEA, whichever occurs first.
4. Defines LEA, for purposes of these requirements, to include school districts, county offices of education, and charter schools.

Comments

1. Need for this bill. According to the author, "Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home."

The author has further indicated that the specific concern this bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. Assistive technology is a broad category which includes many different types of equipment, including voice recognition software, voice output devices and hearing aids, among many others.

1. What is assistive technology? Assistive technology consists of devices and services. An assistive technology device is an item or piece of equipment that helps a person with a disability increase, maintain, or improve a student’s functional capabilities. Assistive technology devices can be high-tech or low-tech. Examples of assistive technology devices are wheelchairs, voice-activated computers, electronic note takers, large-print books, pencil grips, hearing aids, and more. Medical devices that are surgically implanted are not considered assistive technology devices.
2. How do students obtain assistive technology devices? Students qualifying for special education services have an IEP team that creates and implements an IEP. Assistive technology devices are typically included in an IEP as a special education or a related service and/or to ensure a student is educated in the least restrictive environment.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/16/19)

Educate. Advocate. (co-source)

Empower Family California (co-source)

Alta Loma Little League Challenger Division

ARC

Autism Society of California

Autism Society San Diego

California Association for Parent-Child Advocacy

California In-Home Supportive Services Consume Alliance

Cal-TASH

Coalition of California Welfare Rights Organizations

Disability Rights California

Early Start Family Resource Network

Families for Early Autism Treatment

Los Angeles Learning Disabilities Association

National Association of Social Workers, California Chapter

Newport Beach Developmental Optometry Group

Port View Preparatory School

San Francisco Senior and Disability Action

Service Center for Independent Life

The Food Bank of Contra Costa and Solano

United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 8/16/19)

None received

ARGUMENTS IN SUPPORT: Port View Preparatory School writes, "We have seen, firsthand, the benefits of continuity for augmentative communication devices (or talkers). One of the best ways to encourage the use of augmentative communication and to make it reinforcing for the student or child is for the community around that child to engage in conversation with the device itself. When loved ones and practitioners alike engage in conversation that is reciprocal and reinforced we have seen, in our own data, that communication increases. Furthermore, we have also documented research that shows that by increasing functional communication we will see decreases in challenging or maladaptive behaviors. We support this bill because it will lead to increases in independence and quality of life for our exceptional students and it will aid our devoted practitioners in teaching and assisting students to increase their communication ability, thus providing these wonderful students with greater access to their environment and the individuals within."

ASSEMBLY FLOOR: 72-0, 5/6/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Bigelow, Chen, Dahle, Kiley, Melendez, Obernolte, Salas

Prepared by: Ian Johnson / ED. /

8/16/19 13:32:12

**** END ****

 CONSENT 

Bill No: AB 605

Author: Maienschein (D), et al.

Amended: 4/3/19 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 5/6/19 - See last page for vote

SUBJECT: Special education: assistive technology devices

SOURCE: Educate. Advocate.

Empower Family California

DIGEST:

This bill requires local educational agencies (LEAs) to allow students the use of school-purchased assistive technology devices at the student's home or in other settings if the student’s individualized education plan (IEP) team determines that the device is needed.

ANALYSIS:

Existing law:

1. Requires that children with exceptional needs between the ages of three and five be provided with a free and appropriate education. (EC 56026)
2. Defines “assistive technology device,” as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. (EC 56020.5)
3. Requires that on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free and appropriate public education. (34 CFR § 300.105)
4. States that LEAs are responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. States that this does not include medical equipment. (EC 56363.1)
5. Requires that, when developing each pupil’s IEP, the IEP team consider whether the pupil requires assistive technology devices. (EC 56341.1)

This bill:

1. Requires, pursuant to federal regulations, that an LEA provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings if the IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.
2. Requires that a LEA 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 graduation or enrollment in another LEA, ceases to be enrolled in that LEA.
3. Makes this requirement in force until alternative arrangements for providing continuous access to the device, or access to a comparable device, can be made, or until six months have elapsed from the date that the individual ceased to be enrolled in that LEA, whichever occurs first.
4. Defines LEA, for purposes of these requirements, to include school districts, county offices of education, and charter schools.

Comments

1. Need for this bill. According to the author, "Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home."

The author has further indicated that the specific concern this bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. Assistive technology is a broad category which includes many different types of equipment, including voice recognition software, voice output devices and hearing aids, among many others.

1. What is assistive technology? Assistive technology consists of devices and services. An assistive technology device is an item or piece of equipment that helps a person with a disability increase, maintain, or improve a student’s functional capabilities. Assistive technology devices can be high-tech or low-tech. Examples of assistive technology devices are wheelchairs, voice-activated computers, electronic note takers, large-print books, pencil grips, hearing aids, and more. Medical devices that are surgically implanted are not considered assistive technology devices.
2. How do students obtain assistive technology devices? Students qualifying for special education services have an IEP team that creates and implements an IEP. Assistive technology devices are typically included in an IEP as a special education or a related service and/or to ensure a student is educated in the least restrictive environment.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/21/19)

Educate. Advocate. (co-source)

Empower Family California (co-source)

Alta Loma Little League Challenger Division

ARC

Autism Society of California

Autism Society San Diego

California Association for Parent-Child Advocacy

California In-Home Supportive Services Consume Alliance

Cal-TASH

Coalition of California Welfare Rights Organizations

Disability Rights California

Early Start Family Resource Network

Families for Early Autism Treatment

Los Angeles Learning Disabilities Association

National Association of Social Workers, California Chapter

Newport Beach Developmental Optometry Group

Port View Preparatory School

San Francisco Senior and Disability Action

Service Center for Independent Life

The Food Bank of Contra Costa and Solano

United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 6/21/19)

None received

ARGUMENTS IN SUPPORT: Port View Preparatory School writes, "We have seen, firsthand, the benefits of continuity for augmentative communication devices (or talkers). One of the best ways to encourage the use of augmentative communication and to make it reinforcing for the student or child is for the community around that child to engage in conversation with the device itself. When loved ones and practitioners alike engage in conversation that is reciprocal and reinforced we have seen, in our own data, that communication increases. Furthermore, we have also documented research that shows that by increasing functional communication we will see decreases in challenging or maladaptive behaviors. We support this bill because it will lead to increases in independence and quality of life for our exceptional students and it will aid our devoted practitioners in teaching and assisting students to increase their communication ability, thus providing these wonderful students with greater access to their environment and the individuals within."

ASSEMBLY FLOOR: 72-0, 5/6/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Bigelow, Chen, Dahle, Kiley, Melendez, Obernolte, Salas

Prepared by: Ian Johnson / ED. /

6/26/19 15:52:06

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 605 Hearing Date: June 5, 2019

Subject: Special education: assistive technology devices.

SUMMARY

This bill requires local educational agencies (LEAs) to allow students the use of school-purchased assistive technology devices at the student's home or in other settings if the student’s individualized education plan (IEP) team determines that the device is needed.

BACKGROUND

Existing law:

1. Requires that children with exceptional needs between the ages of three and five be provided with a free and appropriate education. (EC 56026)
2. Defines “assistive technology device,” as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. (EC 56020.5)
3. Requires that on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free and appropriate public education. (34 CFR § 300.105)
4. States that LEAs are responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. States that this does not include medical equipment. (EC 56363.1)
5. Requires that, when developing each pupil’s IEP, the IEP team consider whether the pupil requires assistive technology devices. (EC 56341.1)

ANALYSIS

This bill:

1. Requires, pursuant to federal regulations, that an LEA provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child's
   
   home or in other settings if the individualized education plan (IEP) team determines that the child needs access to those devices in order to receive a free appropriate public education.
2. Requires that an local educational agency (LEA) 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 graduation or enrollment in another LEA, ceases to be enrolled in that LEA.
3. Makes this requirement in force until alternative arrangements for providing continuous access to the device, or access to a comparable device, can be made, or until six months have elapsed from the date that the individual ceased to be enrolled in that LEA, whichever occurs first.
4. Defines LEA, for purposes of these requirements, to include school districts, county offices of education, and charter schools.

STAFF COMMENTS

1. Need for the bill. According to the author, "Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home."

The author has further indicated that the specific concern the bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. Assistive technology is a broad category which includes many different types of equipment, including voice recognition software, voice output devices and hearing aids, among many others.

1. What is assistive technology? Assistive technology consists of devices and services. An assistive technology device is an item or piece of equipment that helps a person with a disability increase, maintain, or improve a student’s functional capabilities. Assistive technology devices can be high-tech or low-tech. Examples of assistive technology devices are wheelchairs, voice-activated computers, electronic note takers, large-print books, pencil grips, hearing aids, and more. Medical devices that are surgically implanted are not considered assistive technology devices.
2. How do students obtain assistive technology devices? Students qualifying for special education services have an IEP team that creates and implements an IEP. Assistive technology devices are typically included in an IEP as a special education or a related service and/or to ensure a student is educated in the least restrictive environment.
3. Arguments in support. Portview Preparatory School writes, "We have seen, firsthand, the benefits of continuity for augmentative communication devices (or talkers). One of the best ways to encourage the use of augmentative communication and to make it reinforcing for the student or child is for the community around that child to engage in conversation with the device itself. When loved ones and practitioners alike engage in conversation that is reciprocal and reinforced we have seen, in our own data, that communication increases. Furthermore, we have also documented research that shows that by increasing functional communication we will see decreases in challenging or maladaptive behaviors. We support this bill because it will lead to increases in independence and quality of life for our exceptional students and it will aid our devoted practitioners in teaching and assisting students to increase their communication ability, thus providing these wonderful students with greater access to their environment and the individuals within."

SUPPORT

Alta Loma Little League Challenger Division

ARC

Autism Society of California

Autism Society San Diego

Cal-TASH

California Association for Parent-Child Advocacy

California In-Home Supportive Services Consume Alliance

Coalition of California Welfare Rights Organizations

Disability Rights California

Early Start Family Resource Network

Educate. Advocate.

Empower Family California

Families for Early Autism Treatment

Los Angeles Learning Disabilities Association

National Association of Social Workers, California Chapter

Newport Beach Developmental Optometry Group

Port View Preparatory School

San Francisco Senior and Disability Action

Service Center for Independent Life

The Food Bank of Contra Costa and Solano

United Cerebral Palsy California Collaboration

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 605

Author:(Maienschein)

As Amended Ver:April 3, 2019

Majority vote

SUMMARY:

Requires, consistent with federal regulations, that on a case-by-case basis local education agencies (LEAs) and charter schools allow students the use of school-purchased assistive technology devices at the student's home or in other settings if a student's individualized education plan (IEP) team determines that the student needs access to those devices in order to receive a free and appropriate public education. Also requires an LEA to continue to provide the device or a comparable device after a student is dis-enrolled from the LEA, until another can be provided or until six months have elapsed from the date the student was enrolled in the LEA or charter school.

Major Provisions

Requires, pursuant to federal regulations, that an LEA provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings if the IEP team determines that the child needs access to those devices in order to receive a free appropriate public education.

Requires that an LEA 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 graduation or enrollment in another LEA, ceases to be enrolled in that local educational agency. Makes this requirement in force until alternative arrangements for providing continuous access to the device, or access to a comparable device, can be made, or until six months have elapsed from the date that the individual ceased to be enrolled in that LEA, whichever occurs first.

Defines LEA, for purposes of these requirements, to include school districts, county offices of education, and charter schools.

COMMENTS:

Assistive technology devices. Federal law defines an assistive technology device used by students with disabilities as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs.

The author indicates that the specific concern the bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. Assistive technology is a broad category which includes many different types of equipment, including voice recognition software, voice output devices and hearing aids, among many others.

Current requirements to provide assistive technology devices to students with disabilities. State and federal law require that children with exceptional needs be provided a free and appropriate education. Each student with exceptional needs is provided a plan, known as an IEP, for how to meet the student's unique needs.

State law requires that, when developing a student's IEP, the team consider whether the pupil requires assistive technology devices. In addition, federal regulations require LEAs to allow a student to use school-purchased assistive technology devices in their home or in other settings if the student's IEP determines it is necessary for their education.

According to the Author:

"Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home."

Arguments in Support:

Portview Preparatory School writes, "We have seen, firsthand, the benefits of continuity for augmentative communication devices (or talkers). One of the best ways to encourage the use of augmentative communication and to make it reinforcing for the student or child is for the community around that child to engage in conversation with the device itself. When loved ones and practitioners alike engage in conversation that is reciprocal and reinforced we have seen, in our own data, that communication increases. Furthermore, we have also documented research that shows that by increasing functional communication we will see decreases in challenging or maladaptive behaviors. We support this bill because it will lead to increases in independence and quality of life for our exceptional students and it will aid our devoted practitioners in teaching and assisting students to increase their communication ability, thus providing these wonderful students with greater access to their environment and the individuals within."

Arguments in Opposition:

None

FISCAL COMMENTS:

According to the Assembly Appropriations Committee: Minor Proposition 98 General Fund cost pressures to LEAs and charter schools to allow a student with an assistive technology device to keep the device until they can be provided another device or for six months after they are no longer enrolled at their school. Common assistive technology devices include tablets, which generally cost a few hundred dollars and are replaced every few years. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

VOTES:

ASM EDUCATION: 5-0-1

YES: O'Donnell, Kalra, McCarty, Smith, Weber

ABS, ABST OR NV: Kiley

ASM APPROPRIATIONS: 15-0-3

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Jones-Sawyer, Maienschein, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Bigelow, Fong, Obernolte

UPDATED:

VERSION: April 3, 2019

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN:0000289

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 605

Author:(Maienschein) – As Amended Ver:April 3, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires, consistent with federal regulations, on a case-by-case basis, local education agencies (LEAs) and charter schools allow students the use of school-purchased assistive technology devices at the student’s home or in other settings if a student’s individualized education plan (IEP) team determines a student needs access to those devices in order to receive a free and appropriate public education. The bill goes beyond federal regulations to require an LEA to provide the device or a comparable device until another can be provided or until six months have elapsed from the date the student was enrolled in the LEA or charter school.

FISCAL EFFECT:

Minor Proposition 98 General Fund cost pressures to LEAs and charter schools to allow a student with an assistive technology device to keep the device until they can be provided another device or for six months after they are no longer enrolled at their school. Common assistive technology devices include tablets, which generally cost a few hundred dollars and are replaced every few years. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. According to the author:

Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home.

1. Background. State and federal law requires children with exceptional needs be provided a free and appropriate education. Each student with exceptional needs is provided a plan, known as an IEP, for how to meet the student’s unique needs. The IEP is developed by a team, which may include the child’s teachers, specialists, and parents. State law requires that, when developing a student’s IEP, the team consider whether the pupil requires assistive technology devices. In addition, federal regulations require LEAs to allow a student to use school-purchased assistive technology devices in their home or in other settings if the student’s IEP determines it is necessary for their education. (34 CFR § 300.105.)

Federal law defines an assistive technology device as any item, piece of equipment or product system, whether acquired commercially without the need for modification, modified or customized, that is used to increase, maintain or improve functional capabilities of an individual with exceptional needs. The California Department of Education lists numerous examples of assistive technology devices on its website, including voice recognition software, voice output devices and hearing aids, among many others.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 27, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 605 (

Author:Maienschein) – As Introduced Ver:February 14, 2019

SUBJECT: Special education: assistive technology devices

SUMMARY: Requires a local educational agency (LEA) to provide an individual with exceptional needs continuous access to an assisted technology device, until alternative arrangements for providing the device can be made, or until six months after the student ceases to be enrolled at that LEA. Specifically, this bill:

1. States the intent of the Legislature to enact legislation that would provide individuals with exceptional needs who require an assistive technology device with continuous access to those devices at school, in their homes, or in the community.
2. Requires an LEA to provide an individual with exceptional needs who requires the use of an assistive technology device with continuous access to that device while the individual is enrolled in that LEA.
3. Establishes that an LEA is 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 graduation or enrollment in another LEA, ceases to be enrolled in that LEA.
4. Establishes that this responsibility of the LEA 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 six months have elapsed from the date that the individual ceased to be enrolled in that LEA, whichever occurs first. 

EXISTING LAW:

1. Requires, through state and federal law, that children with exceptional needs between the ages of three and five be provided with a free and appropriate education. (EC 56026)
2. Defines, in state and federal law, “assistive technology device,” as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, to mean any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device. (EC 56020.5)
3. Requires, in federal regulations, that on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s Individualized Education Program (IEP) team determines that the child needs access to those devices in order to receive a free and appropriate public education. (34 CFR § 300.105)
4. States that LEAs are responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. States that this does not include medical equipment. (EC 56363.1)
5. Requires that, when developing each pupil’s IEP, the individualized education program team consider whether the pupil requires assistive technology devices. (EC 56341.1)

FISCAL EFFECT: This bill has been keyed a possible state mandated local program by the Office of Legislative Counsel.

COMMENTS:

Need for the bill. According to the author, “Students who use interactive communication devices have a need for communication inside as well as outside the classroom. When a student is required to leave their assistive technology in the classroom, they are essentially losing their voice when they go home.”

Assistive technology devices. As noted above, federal law defines an assistive technology device as any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs.

The author indicates that the specific concern the bill is intended to address is the use of communication devices by students who have either limited or no verbal communication skills. The Committee may wish to consider that assistive technology is a broad category which includes many different types of equipment. The California Department of Education (CDE) lists numerous examples of assistive technology devices on its website, including:

Writing

• Pencil/pen with adaptive grip
• Adapted paper (e.g., raised line, highlighted lines)  
• Slantboard
• Typewriter
• Portable word processor
• Computer

Alternate Computer Access

• Keyboard with easy access
• Keyguard
• Arm support
• Track ball/track pad/joystick with on screen keyboard
• Alternate keyboard
• Mouth stick/head pointer with standard/alternate keyboard
• Head mouse/head master/tracker with on screen keyboard
• Switch with Morse code
• Switch with scanning
• Voice recognition software
• Word prediction to reduce keystrokes

Composing Written Material

• Word cards/word book/word wall
• Pocket dictionary/thesaurus
• Electronic/talking electronic dictionary/thesaurus/spell checker
• Word processor with spell checker/grammar checker
• Word processor with word prediction to facilitate spelling and sentence construction
• Talking word processor for multisensory typing
• Voice recognition software
• Multimedia software for expression of ideas (assignments)

Reading

• Changes in text size, spacing, color, background color
• Use of pictures with text
• Book adapted for page turning (e.g., page fluffers, 3-ring binder)
• Talking electronic device to pronounce challenging words
• Scanner with talking word processor
• Electronic books

Learning/Studying

• Print or picture schedule
• Low tech aids to find materials (e.g., index tabs, color coded folders)
• Highlight text (e.g., markers, highlight tape, ruler, etc.)
• Voice output reminders for assignments, steps of task, etc.
• Software for manipulation of objects/concept development input device (e.g., switch, touch window)
• Software for organization of ideas and studying
• Recorded material (e.g., books on tape, taped lectures with number coded index)

Math

• Abacus/math line
• Calculator/calculator with print out
• Talking calculator
• Calculator with large keys and/or large LCD print out
• On screen calculator
• Software with templates for math computation (may use adapted input methods)
• Tactile/voice output measuring devices (e.g., clock, ruler)

Communication

• Communication board/book with pictures/objects/letters/words
• Eye gaze board (eye gaze communication)
• Simple voice output device
• Voice output device with levels
• Device with speech synthesis for typing

Activities of Daily Living (ADL)

• Adaptive eating devices (e.g., foam handle on utensil)
• Adaptive drinking devices (e.g., cup with cut out rim)
• Adaptive dressing equipment (e.g., button hook, reacher)

Mobility

• Walker
• Grab rails
• Manual wheelchair
• Powered mobility toy
• Powered wheelchair with joystick, head switch or sip/puff control

Environmental Control

• Light switch extension
• Use of universal link and switch to turn on electrical appliances (e.g., radio, fan, blender)
• Radio/ultra sound/remote controlled appliances

Recreation and Leisure

• Adapted toys and games (e.g., toy with adaptive handle)
• Use of battery interrupter and switch to operate a toy
• Adaptive sporting equipment (e.g., lighted/bell ball, velcro mitt)
• Universal cuff to hold crayons, markers, paint brush
• Modified utensils (e.g., rollers, stampers, scissors)
• Arm rest to support arm for drawing/painting
• Drawing/graphic program on computer
• Playing games on the computer
• Music software on computer

Vision

• Eye glasses
• Magnifier
• Large print books
• Screen magnifier (mounted over screen)
• Screen color cornets
• Screen magnification software
• CCTV (closed-circuit television)
• Screen reader
• Braille keyboard and note taker
• Braille translation software
• Braille printer

Hearing

• Hearing aid
• Classroom amplification
• Captioning
• Signaling device (e.g., vibrating pager)
• TDD/TTY for phone access
• Screen flash for alert signals on computer

Positioning and Seating

• Non-slip surface on chair to prevent slipping
• Bolster, rolled towel, blocks for feet
• Adapted/alternate chair, side lyer, stander
• Custom fitted wheelchair or insert

No data presented to establish the size of this problem. This bill proposes to change policy regarding the use of assistive technology devices for all schools in the state. The sponsor reports anecdotal information indicating that several school districts do not allow students to keep assistive communication devices over school breaks. There are no published reports or data, however, to determine whether this is a widespread practice is in California.

Special education in California. Federal law mandates that states provide students with disabilities with access to special education services, and organizes disabilities into thirteen classifications that cover a broad range of conditions: specific learning disabilities; speech or language impairments; autism; other health impairments (includes students with chronic or acute health problems, such as heart conditions or diabetes); intellectual disability; emotional disturbance; orthopedic impairment; hard of hearing; multiple disabilities; visual impairments; deaf; traumatic brain injuries; and deaf and blind.

When children are three years of age and older, they may enter the special education system when local education agencies (LEAs) determine that their needs cannot be met in general education programs. When this occurs, LEAs refer students for professional evaluation to determine if they qualify for special education. If the evaluation indicates that a student has a disability, and that the disability interferes with his or her education, the LEA is legally obligated to provide the student with special education services. Students identified as qualifying for special education receive an IEP—a written legal document developed by a team of stakeholders, including a student’s family—that outlines the students’ educational goals and the services that will be provided to meet those goals. For students requiring other special accommodations to facilitate their participation in school activities (e.g., wheelchair ramps or blood sugar monitoring), Section 504 plans may be added to, or replace, an IEP.

According to the CDE, in 2016 there were 754,000 children, aged birth to 22, who were identified as having exceptional needs. 680,000 of these children were enrolled in grades K-12, representing roughly 11% of K-12 enrollment. A 2016 report from the Public Policy Institute of California states that the composition of this student population has changed in recent years. Specifically, although the most common disabilities in 2015 were specific learning disabilities, speech and language impairments, and other health impairments—which together constituted about 73% of all students with disabilities - the proportion of students with these disabilities has declined, and the proportion of students identified with autism spectrum disorder has increased.

The most common disabilities among students are specific learning disabilities, speech and language impairments, and other health impairments, which together constituted about 73% of all students with exceptional needs in 2015. Viewed as a whole, there is a significant achievement gap between students with disabilities and their peers. The LAO notes that while performance on standardized tests (including those specifically designed for students with disabilities) has improved over the past several years, a majority of students with disabilities still fail to meet state and federal achievement expectations, and that 60 percent of these students graduate on time with a high school diploma and about two–thirds of are engaged productively after high school (with about half enrolled in an institute of higher education and 15 percent competitively employed within one year after high school).

Growth in students on the autism spectrum. The author’s statement indicates that the specific concern he is attempting to address is related to communication devices for students who have either limited or no verbal communication skills. Students on the autism spectrum are more likely to require assistive communication devices.

The number of students on the autism spectrum has increased substantially over the last decade. According to the Legislative Analyst’s Office (LAO), in 2011-12, children on the autism spectrum accounted for approximately 10 percent of students with disabilities. Although the increase in ASD prevalence reflects national trends, the increase in California has outpaced the national average: from 2001-02 to 2013-14, the number of children on in California increased 5.4 times, whereas nationally, the number of cases increased 4.2 times.

While the prevalence of students with ASD is relatively rare (affecting about 1.5 percent of California students), the number of students diagnosed with ASD has increased notably over the last decade, from 2% of all disabilities in 2002 to 13% in 2015 (see charts above).

Between 2005-06 and 2015-16 the number of preschool age children identified with Autism Spectrum Disability (ASD) increased from 4,845 to 10,688 – an increase of 121%. The next highest increase in that time period was among students identified as having Other Health Impairments, who increased from 1,270 to 1,913, a 51% increase. In 2005-06 children identified with ASD comprised 13% of preschool enrollment; in 2015-16 children with ASD represented nearly 23% of all preschoolers with exceptional needs.

Recommended amendments. Staff recommends that this bill be amended as follows:

1. Replace the requirement that an LEA provide a student continuous access to an assistive technology device with the requirement in federal regulations which requires that, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive a free and appropriate public education.
2. Extend the requirements of the bill to charter schools.

Prior and related legislation. AB 236 (Eduardo Garcia) of this Session would require the establishment of additional Family Empowerment Centers (FECs) with priority given to high need regions, establishes increased funding levels awarded to each center, and establishes new requirements for data collection and reporting to improve coordination between the CDE and FECs.

AB 2704 (O’Donnell) of the 2017-18 Session would have required the establishment of additional Family Empowerment Centers (FECs) with priority given to high need regions, establishes increased funding levels awarded to each center, and establishes new requirements for data collection and reporting to improve coordination between the CDE and FECs. This bill was held in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Educate. Advocate. (co-sponsor)

Empower Family California (co-sponsor)
Alta Loma Little League Challenger Division
The Arc Of California
Autism Society Of California
Cal-Tash
California Association For Parent-Child Advocacy
California In-Home Supportive Services Consumer Alliance
Coalition Of California Welfare Rights Organizations
Disability Rights California
Early Start Family Resource Network
Families for Early Autism Treatment
Food Bank of Contra Costa And Solano
Los Angeles Learning Disabilities Association
Newport Beach Developmental Optometry Group
Port View Preparatory
San Francisco Senior and Disability Action
Service Center for Independent Life

United Cerebral Palsy, California

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087