AB 1517: Special education: special education local plan areas: local plans.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-01-29: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program.
(2)Existing law requires the county superintendent of schools to provide technical assistance for a minimum of 2 years for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided.
When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because the bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program.
(3)Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, commencing July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
This bill would require the annual assurances support plan to include additional detail and new elements, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things.
This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program.
(5)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.
(1)Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program.
(2)Existing law requires the county superintendent of schools to provide technical assistance for a minimum of 2 years for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided.
When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because this the bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program.
(3)Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, on commencing July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
This bill would require the inclusion of annual assurances support plan to include additional detail and new elements in an annual assurances support plan, elements, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things.
This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program.
(5)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.
(1)Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee for review and comment, as provided.
This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program.
(2)Existing law requires the county superintendent of schools to provide technical assistance for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided.
When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because this bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program.
(3)Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, on July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
This bill would move up the date by which each local plan is required to include an annual assurances support plan to July 1, 2025, and would require the department to develop and publish the annual assurances support plan template by July 1, 2024. The bill would require the inclusion of additional detail and new elements in an annual assurances support plan, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things.
This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program.
(5)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.
(1)Existing law requires the governing board of each school district to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee for review and comment, as provided.
This bill would also require, before a governing board of a school district considers the plan described above, the superintendent of each school district to consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities. Because this bill would impose new duties on a superintendent of a school district, the bill would impose a state-mandated program.
(2)Existing law requires the county superintendent of schools to provide technical assistance for any school district for which one or more identified pupil subgroups meets specified criteria, including assisting the school district to identify its strengths and weaknesses, as provided.
When pupils with disabilities are the identified pupil subgroup meeting the criteria, this bill would require the county superintendent of schools to consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team. Because this bill would impose new duties on a county superintendent of schools, the bill would impose a state-mandated program.
(3)Existing law requires the governing board of a school district to develop a local plan relating to the education of individuals with exceptional needs residing in the school district, as provided. Existing law requires the Superintendent of Public Instruction to establish guidelines for the development of local plans, as provided. Existing law requires, on July 1, 2027, each local plan to include an annual assurances support plan. Existing law requires the State Department of Education to develop a template for the annual assurances support plan by July 1, 2026. Existing law requires the annual assurances support plan to include specified elements, including a description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
This bill would move up the date by which each local plan is required to include an annual assurances support plan to July 1, 2025, and would require the department to develop and publish the annual assurances support plan template by July 1, 2024. The bill would require the inclusion of additional detail and new elements in an annual assurances support plan, as specified. To the extent these changes would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
(4)Existing law requires each special education local plan area submitting a local plan to the Superintendent to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing specified things.
This bill would require each special education local plan area submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department, as provided. By requiring new duties of a special education local plan area, the bill would impose a state-mandated local program.
(5)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 the Superintendent of Public Instruction to make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.This bill would make nonsubstantive changes to this law.Existing law requires the Superintendent of Public Instruction to make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.
This bill would make nonsubstantive changes to this law.
The Legislature finds and declares all of the following:
(a)Special education local plan areas provide technical assistance, professional development, direct services, and monitoring activities to its member local educational agencies as directed by the governing body of the special education local plan area and the State Department of Education.
(b)Special education local plan areas provide participating local educational agencies support for improved outcomes for pupils with disabilities in alignment with the statewide system of support.
(c)Special education local plan areas are integral to the statewide system of support and, in collaboration with the State Department of Education and the California Collaborative for Educational Excellence, they are focused on improving outcomes for pupils with disabilities and addressing pupil needs in various specialized areas by strengthening special education local plan areas support to local educational agencies while ensuring compliance with state and federal regulations.
SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)(A)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(B)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.
(6)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 3.Section 52071 of the Education Code is amended to read:52071.(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b)If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c)(1)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance for a minimum of two years following the identification that shall be focused on building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(A)Assisting the school district to do each of the following:
(i)Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(ii)Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The county superintendent of schools may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups.
(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(E)A review of the school districts local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(2)For any school district that fails to meet the requirements of Section 60900, the county superintendent of schools shall provide technical assistance focused on the school districts data management processes and building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(A)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(E)A review of the school districts local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(F)A review of the school districts data management policies and collection and submission processes, including monitoring and oversight of the student information system, to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(3)When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.
(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in subparagraph (C) of paragraph (1) of subdivision (c).
(f)For any school district in which one or more pupil subgroups, identified pursuant to Section 52052, meets the criteria pursuant to subdivision (g) of Section 52064.5 for three or more consecutive years, the school districts geographic lead agency, identified pursuant to Section 52073, shall, in collaboration with the county superintendent of schools, provide technical assistance to the school district pursuant to subdivision (c). The geographic lead agency shall evaluate whether the assistance of one or more expert lead agencies should be consulted as part of the technical assistance process.
(g)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 4.Section 56122 of the Education Code is amended to read:56122.(a)The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b)On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c)Commencing July 1, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop and publish a template for the annual assurances support plan by July 1, 2026. The annual assurances support plan shall include all of the following elements:
(1)A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2)A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support, including technical assistance offered through the special education resource leads.
(3)A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(4)A description of how the governing board of the special education local plan area has determined the technical assistance, direct services, monitoring activities, and professional development the special education local plan area will provide its participating agencies to support improved outcomes for pupils with disabilities is in alignment with the statewide system of support.
(5)A description of how the governing board of the special education local plan area has determined it will recruit, maintain, and support an active community advisory committee, established pursuant to Section 56190, including involvement in an advisory manner of the development of all sections of the local plan and participation in the local control and accountability plans of their respective member agencies.
SEC. 5.Section 56205 of the Education Code is amended to read:56205.(a)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:
(1)Free appropriate public education.
(2)Full educational opportunity.
(3)Child find and referral.
(4)Individualized education programs, including development, implementation, review, and revision.
(5)Least restrictive environment.
(6)Procedural safeguards.
(7)Annual and triennial assessments.
(8)Confidentiality.
(9)Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10)Children in private schools.
(11)Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12)(A)A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B)A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C)Verification that a community advisory committee has been established pursuant to Section 56190.
(D)Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i)Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii)Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I)The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II)The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III)The operation of special education programs.
(IV)Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V)The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii)Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E)The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13)Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14)Performance goals and indicators.
(15)Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16)Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17)Maintenance of financial effort.
(18)Opportunities for public participation before adoption of policies and procedures.
(19)Suspension and expulsion rates.
(20)Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21)Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22)Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b)Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1)An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A)A description of the special education local plan areas allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B)All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C)A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D)A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E)A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F)A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2)An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3)An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4)A description of programs for early childhood special education from birth through five years of age.
(5)A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6)A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7)Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8)A description of the process being used to meet the requirements of Section 56303.
(c)A description of the process being used to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupils individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d)The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
(e)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department. Technical assistance shall include all of the following:
(1)Conduct professional development addressing any identified area for improvement by the department.
(2)Participate, in collaboration with county offices of education, in differentiated assistance activities for pupils with disabilities.
(3)Participate in activities designed to improve local educational agency performance on the California School Dashboard for pupils with disabilities.
(4)Under the direction of the department, provide leadership and coordination of compliance and improvement monitoring activities for local educational agencies in need of universal, targeted, and intensive supports.
(5)Coordinate, review, provide feedback, and certify individualized education plan implementation monitoring, as required by the department.
(6)Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System special education data, as required by the department.
SEC. 6.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 Legislature finds and declares all of the following:
(a)Special education local plan areas provide technical assistance, professional development, direct services, and monitoring activities to its member local educational agencies as directed by the governing body of the special education local plan area and the State Department of Education.
(b)Special education local plan areas provide participating local educational agencies support for improved outcomes for pupils with disabilities in alignment with the statewide system of support.
(c)Special education local plan areas are integral to the statewide system of support and, in collaboration with the State Department of Education and the California Collaborative for Educational Excellence, they are focused on improving outcomes for pupils with disabilities and addressing pupil needs in various specialized areas by strengthening special education local plan areas support to local educational agencies while ensuring compliance with state and federal regulations.
SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee established pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.(6)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.SEC. 3.Section 52071 of the Education Code is amended to read:52071.(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with subparagraphs (A) and (B) of paragraph (1) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.(b)If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.(c)(1)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance focused on building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:(A)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.(2)When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.(e)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in subparagraph (C) of paragraph (1) of subdivision (c).(f)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)(A)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(B)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.
(6)(A)The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B)The report shall include both of the following:
(i)All available midyear outcome data related to metrics identified in the current years local control and accountability plan.
(ii)All available midyear expenditure and implementation data on all actions identified in the current years local control and accountability plan.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 3.Section 52071 of the Education Code is amended to read:52071.(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b)If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c)(1)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance for a minimum of two years following the identification that shall be focused on building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(A)Assisting the school district to do each of the following:
(i)Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(ii)Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The county superintendent of schools may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups.
(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(E)A review of the school districts local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(2)For any school district that fails to meet the requirements of Section 60900, the county superintendent of schools shall provide technical assistance focused on the school districts data management processes and building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(A)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(E)A review of the school districts local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(F)A review of the school districts data management policies and collection and submission processes, including monitoring and oversight of the student information system, to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(3)When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.
(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in subparagraph (C) of paragraph (3) (1) of subdivision (c).
(f)For any school district in which one or more pupil subgroups, identified pursuant to Section 52052, meets the criteria pursuant to subdivision (g) of Section 52064.5 for three or more consecutive years, the school districts geographic lead agency, identified pursuant to Section 52073, shall, in collaboration with the county superintendent of schools, provide technical assistance to the school district pursuant to subdivision (c). The geographic lead agency shall evaluate whether the assistance of one or more expert lead agencies should be consulted as part of the technical assistance process.
(g)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 4.Section 56122 of the Education Code is amended to read:56122.(a)The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b)On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c)Commencing July 1, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop and publish a template for the annual assurances support plan by July 1, 2026. The annual assurances support plan shall include all of the following elements:
(1)A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2)A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support, including technical assistance offered through the special education resource leads.
(3)A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(4)A description of how the governing board of the special education local plan area has determined the technical assistance, direct services, monitoring activities, and professional development the special education local plan area will provide its participating agencies to support improved outcomes for pupils with disabilities is in alignment with the statewide system of support.
(5)A description of how the governing board of the special education local plan area has determined it will recruit, maintain, and support an active community advisory committee, established pursuant to Section 56190, including involvement in an advisory manner of the development of all sections of the local plan and participation in the local control and accountability plans of their respective member agencies.
SEC. 5.Section 56205 of the Education Code is amended to read:56205.(a)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:
(1)Free appropriate public education.
(2)Full educational opportunity.
(3)Child find and referral.
(4)Individualized education programs, including development, implementation, review, and revision.
(5)Least restrictive environment.
(6)Procedural safeguards.
(7)Annual and triennial assessments.
(8)Confidentiality.
(9)Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10)Children in private schools.
(11)Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12)(A)A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B)A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C)Verification that a community advisory committee has been established pursuant to Section 56190.
(D)Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i)Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii)Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I)The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II)The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III)The operation of special education programs.
(IV)Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V)The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii)Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E)The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13)Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14)Performance goals and indicators.
(15)Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16)Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17)Maintenance of financial effort.
(18)Opportunities for public participation before adoption of policies and procedures.
(19)Suspension and expulsion rates.
(20)Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21)Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22)Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b)Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1)An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A)A description of the special education local plan areas allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B)All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C)A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D)A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E)A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F)A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2)An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3)An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4)A description of programs for early childhood special education from birth through five years of age.
(5)A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6)A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7)Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8)A description of the process being utilized used to meet the requirements of Section 56303.
(c)A description of the process being utilized used to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupils individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d)The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
(e)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department. Technical assistance shall include all of the following:
(1)Conduct professional development addressing any identified area for improvement by the department.
(2)Participate, in collaboration with county offices of education, in differentiated assistance activities for pupils with disabilities.
(3)Participate in activities designed to improve local educational agency performance on the California School Dashboard for pupils with disabilities.
(4)Under the direction of the department, provide leadership and coordination of compliance and improvement monitoring activities for local educational agencies in need of universal, targeted, and intensive supports.
(5)Coordinate, review, provide feedback, and certify individualized education plan implementation monitoring, as required by the department.
(6)Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System special education data, as required by the department.
SEC. 6.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 Legislature finds and declares all of the following:
(a)Special education local plan areas provide technical assistance, professional development, direct services, and monitoring activities to its member local educational agencies as directed by the governing body of the special education local plan area and the State Department of Education.
(b)Special education local plan areas provide participating local educational agencies support for improved outcomes for pupils with disabilities in alignment with the statewide system of support.
(c)Special education local plan areas are integral to the statewide system of support and, in collaboration with the State Department of Education and the California Collaborative for Educational Excellence, they are focused on improving outcomes for pupils with disabilities and addressing pupil needs in various specialized areas by strengthening special education local plan areas support to local educational agencies while ensuring compliance with state and federal regulations.
SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee established pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 3.Section 52071 of the Education Code is amended to read:52071.(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with subparagraphs (A) and (B) of paragraph (1) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b)If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c)(1)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance focused on building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(A)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.
(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(2)When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.
(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in subparagraph (C) of paragraph (1) of subdivision (c).
(f)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 4.Section 56122 of the Education Code is amended to read:56122.(a)The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b)On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c)Commencing July 1, 2025, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop and publish a template for the annual assurances support plan by July 1, 2024. 2026. The annual assurances support plan shall include all of the following elements:
(1)A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2)A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support, including technical assistance offered through the special education resource leads.
(3)A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(4)A description of how the governing board of the special education local plan area has determined the technical assistance, direct services, monitoring activities, and professional development the special education local plan area will provide its participating agencies to support improved outcomes for pupils with disabilities is in alignment with the statewide system of support.
(5)A description of how the governing board of the special education local plan area has determined it will recruit, maintain, and support an active community advisory committee, established pursuant to Section 56190, including involvement in an advisory manner of the development of all sections of the local plan and participation in the local control and accountability plans of their respective member agencies.
SEC. 5.Section 56205 of the Education Code is amended to read:56205.(a)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:
(1)Free appropriate public education.
(2)Full educational opportunity.
(3)Child find and referral.
(4)Individualized education programs, including development, implementation, review, and revision.
(5)Least restrictive environment.
(6)Procedural safeguards.
(7)Annual and triennial assessments.
(8)Confidentiality.
(9)Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10)Children in private schools.
(11)Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12)(A)A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B)A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C)Verification that a community advisory committee has been established pursuant to Section 56190.
(D)Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i)Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii)Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I)The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II)The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III)The operation of special education programs.
(IV)Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V)The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii)Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E)The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13)Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14)Performance goals and indicators.
(15)Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16)Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17)Maintenance of financial effort.
(18)Opportunities for public participation before adoption of policies and procedures.
(19)Suspension and expulsion rates.
(20)Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21)Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22)Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b)Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1)An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A)A description of the special education local plan areas allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B)All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C)A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D)A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E)A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F)A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2)An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3)An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4)A description of programs for early childhood special education from birth through five years of age.
(5)A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6)A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7)Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8)A description of the process being utilized to meet the requirements of Section 56303.
(c)A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupils individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d)The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
(e)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department. Technical assistance shall include all of the following:
(1)Conduct professional development addressing any identified area for improvement by the department.
(2)Participate, in collaboration with county offices of education, in differentiated assistance activities for pupils with disabilities.
(3)Participate in activities designed to improve local educational agency performance on the California School Dashboard for pupils with disabilities.
(4)Under the direction of the department, provide leadership and coordination of compliance and improvement monitoring activities for local educational agencies in need of universal, targeted, and intensive supports.
(5)Coordinate, review, provide feedback, and certify individualized education plan implementation monitoring, as required by the department.
(6)Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System special education data, as required by the department.
SEC. 6.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 Legislature finds and declares all of the following:
(a)Special education local plan areas provide technical assistance, professional development, direct services, and monitoring activities to its member local educational agencies as directed by the governing body of the special education local plan area and the State Department of Education.
(b)Special education local plan areas provide participating local educational agencies support for improved outcomes for pupils with disabilities in alignment with the statewide system of support.
(c)Special education local plan areas are integral to the statewide system of support and, in collaboration with the State Department of Education and the California Collaborative for Educational Excellence, they are focused on improving outcomes for pupils with disabilities and addressing pupil needs in various specialized areas by strengthening special education local plan areas support to local educational agencies while ensuring compliance with state and federal regulations.
SEC. 2.Section 52062 of the Education Code is amended to read:52062.(a)Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee established pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2)The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3)The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4)The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6)The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine which specific actions are needed to support outcomes on the California School Dashboard when the school district is determined to be in need of differentiated assistance for performance of pupils with disabilities.
(b)(1)A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2)A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c)A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
SEC. 3.Section 52071 of the Education Code is amended to read:52071.(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraphs (1) or (2) subparagraphs (A) and (B) of paragraph (1) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b)If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c)(1)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance focused on building the school districts capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(1)(A)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.
(2)(B)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(3)(C)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in paragraphs (1) and (2), subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school districts progress in improving pupil outcomes.
(4)(D)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(2)When pupils with disabilities are the identified pupil subgroup that meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall consult with and include its special education local plan area administrator or administrators as part of the expert technical assistance team.
(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) subparagraph (C) of paragraph (1) of subdivision (c).
(f)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 4.Section 56122 of the Education Code is amended to read:56122.(a)The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b)On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c)Commencing July 1, 2027, 2025, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop and publish a template for the annual assurances support plan by July 1, 2026. 2024. The annual assurances support plan shall include all of the following elements:
(1)A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2)A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support. support, including technical assistance offered through the special education resource leads.
(3)A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(4)A description of how the governing board of the special education local plan area has determined the technical assistance, direct services, monitoring activities, and professional development the special education local plan area will provide its participating agencies to support improved outcomes for pupils with disabilities is in alignment with the statewide system of support.
(5)A description of how the governing board of the special education local plan area has determined it will recruit, maintain, and support an active community advisory committee, established pursuant to Section 56190, including involvement in an advisory manner of the development of all sections of the local plan and participation in the local control and accountability plans of their respective member agencies.
SEC. 5.Section 56205 of the Education Code is amended to read:56205.(a)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:
(1)Free appropriate public education.
(2)Full educational opportunity.
(3)Child find and referral.
(4)Individualized education programs, including development, implementation, review, and revision.
(5)Least restrictive environment.
(6)Procedural safeguards.
(7)Annual and triennial assessments.
(8)Confidentiality.
(9)Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10)Children in private schools.
(11)Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12)(A)A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B)A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C)Verification that a community advisory committee has been established pursuant to Section 56190.
(D)Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i)Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii)Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I)The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II)The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III)The operation of special education programs.
(IV)Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V)The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii)Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E)The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13)Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14)Performance goals and indicators.
(15)Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16)Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17)Maintenance of financial effort.
(18)Opportunities for public participation before adoption of policies and procedures.
(19)Suspension and expulsion rates.
(20)Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21)Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22)Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b)Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1)An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A)A description of the special education local plan areas allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B)All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C)A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D)A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E)A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F)A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2)An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3)An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4)A description of programs for early childhood special education from birth through five years of age.
(5)A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6)A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7)Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8)A description of the process being utilized to meet the requirements of Section 56303.
(c)A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupils individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d)The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
(e)Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure that the plan provides technical assistance to its member local educational agencies to support monitoring activities as directed by the department. Technical assistance shall include all of the following:
(1)Conduct professional development addressing any identified area for improvement by the department.
(2)Participate, in collaboration with county offices of education, in differentiated assistance activities for pupils with disabilities.
(3)Participate in activities designed to improve local educational agency performance on the California School Dashboard for pupils with disabilities.
(4)Under the direction of the department, provide leadership and coordination of compliance and improvement monitoring activities for local educational agencies in need of universal, targeted, and intensive supports.
(5)Coordinate, review, provide feedback, and certify individualized education plan implementation monitoring, as required by the department.
(6)Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System special education data, as required by the department.
SEC. 6.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.
SECTION 1.Section 56127 of the Education Code is amended to read:56127.The superintendent shall make recommendations in the areas of curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.The superintendent shall make recommendations in the areas of staff development, curriculum, staff development, testing and multicultural assessment, and the development of materials for special education programs.
|
Date
|
Status
|
|---|---|
| Jan 29, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by Governor. |
| Sep 22, 2023 | Enrolled and presented to the Governor at 11:30 a.m. |
| Sep 14, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3554.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2768.). |
| Sep 8, 2023 | Ordered to special consent calendar. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Jul 10, 2023 | In committee: Referred to APPR. suspense file. |
| Jun 28, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 14, 2023 | Referred to Com. on ED. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 2132.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 2, 2023 | Re-referred to Com. on APPR. |
| May 1, 2023 | Read second time and amended. |
| Apr 27, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 26). |
| Mar 13, 2023 | Re-referred to Com. on ED. |
| Mar 9, 2023 | Referred to Com. on ED. |
| Mar 9, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | AB 1517 Gallagher Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Special Consent AB1517 Gallagher et al. By Ochoa Bogh | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Jun 1, 2023 | AB 1517 Gallagher Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AB Behavior and Consulting | ** Support | |
| Antelope Valley SELPA | ** Support | |
| Association Of California School Administrators | ** Support | |
| Benicia Unified School District | ** Support | |
| Beverly Hills Unified School District | ** Support | |
| Butte County SELPA | ** Support | |
| California School Boards Association | ** Support | |
| Coalition for Adequate Funding for Special Education | ** Support | |
| Culver City Unified School District | ** Support | |
| Dixon Unified School District | ** Support | |
| East San Gabriel Valley SELPA | ** Support | |
| East San Gabriel Valley SELPA Community Advisory Committee | ** Support | |
| East Valley SELPA | ** Support | |
| Fairfield-Suisun Unified School District | ** Support | |
| Foothill SELPA | ** Support | |
| Fresno County SELPA | ** Support | |
| Greater Anaheim SELPA | ** Support | |
| Monterey County SELPA | ** Support | |
| North Region SELPA | ** Support | |
| North Region Special Education Plan Area | ** Support | |
| San Francisco Unified School District | ** Support | |
| San Luis Obispo County SELPA | ** Support | |
| San Mateo County SELPA | ** Support | |
| Santa Barbara County SELPA | ** Support | |
| Santa Barbara County Special Education Local Plan Area | ** Support | |
| SELPA Administrators of Ca | ** Support | |
| SELPA Administrators of California | ** Support | |
| Solano County Office Of Education | ** Support | |
| Solano County Selpa | ** Support | |
| Solano County Special Education Local Plan Area | ** Support | |
| South East Consortium SELPA | ** Support | |
| Tehama County SELPA | ** Support | |
| Travis Unified School District | ** Support | |
| Tri-City SELPA | ** Support | |
| Vacaville Unified School District | ** Support | |
| Ventura County SELPA | ** Support | |
| West Contra Costa Unified School District | ** Support | |
| Whittier Area Cooperative SELPA | ** Support | |
| Yolo County SELPA | ** Support | |
| Yuba County Selpa | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 1517
Author:(Gallagher)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Requires that when a local educational agency (LEA) qualifies for Differentiated Assistance (DA) on the basis of the performance of students with disabilities, the county superintendent of schools include the administrator of its Special Education Local Plan Area (SELPA) on its expert technical assistance team; requires that the superintendent of a school district consult with their SELPA administrator prior to adoption of a Local Control and Accountability Plan (LCAP); and makes changes to required elements of local plans and annual assurances support plans.
Senate Amendments
Incorporate changes made by SB 114 (Committee on Budget and Fiscal Review), Chapter 48, Statutes of 2023, the education budget trailer bill.
Governor's Veto Message
This bill creates a more specific role for special education local plan areas (SELPAs) to determine school district fiscal and instructional actions for students with disabilities in the Local Control and Accountability Plan (LCAP), participate in all technical assistance for districts identified as needing assistance based on the performance of their students with disabilities student group, and adds requirements to the SELPA Local Plan related to technical assistance work.
I have championed many efforts to improve outcomes for students with disabilities and have worked with the Legislature to allocate increased special education funding and establish Special Education Resource Leads. This bill does not account for the important changes to California's school support and accountability system that my Administration worked in partnership with the Legislature to include in the 2023 State Budget requiring districts to specifically address low performance of any student group, including special education students, at the school and district levels in their LCAP. These improvements also provide for related targeted support and assistance from county offices of education and applicable lead agencies in the Statewide System of Support. Therefore, this bill is unnecessary.
COMMENTS
Separate and overlapping accountability systems in special education. The California Special Education Governance and Accountability (SEGA) Study, published by WestEd in 2021, found that "although students with an IEP are included in and addressed through the general education governance and accountability structures – for example, as a specific student group on the Dashboard and for eligibility for differentiated assistance – California also has both separate and overlapping special education governance and accountability structures."
Two primary parts of the accountability systems impacting students with disabilities are the California School Dashboard and the federally-required State Performance Plan (SPP). While some of the indicators used in the two systems are similar, they are often not identical. For example, the Dashboard and the SPP use different metrics (in the case of the SPP indicators, determined by the federal government) and use different calculations to determine student graduation rates.
The SEGA study noted that while California currently requires collaboration between SELPAs and COEs on member LEAs' LCAPs, "the disconnect between the varied plans that address special education (LCAP, SEP, SELPA local plan) may lead to disjointed ownership and responsibility for improving outcomes for students with an IEP."
How does the Statewide System of Support (SOS) address the performance of students with disabilities? This bill proposes to require that SELPAs be part of the support provided to LEAs when the performance of students with disabilities has made an LEA eligible for DA, a level of assistance in the state's SOS.
The SOS is part of the state's accountability system, and is intended to provide support to LEAs to build their capacity to support the continuous improvement of student performance, address achievement gaps, and improve collaboration with stakeholders to ensure that LCAPs reflect the needs of students. The SOS provides three levels of assistance: general assistance, differentiated assistance, and intensive intervention. While students with disabilities are included in the general student population addressed by the SOS, California has additional separate and overlapping accountability structures for students with disabilities.
There are several ways in which the state provides support related to students with disabilities, either in connection with or independent from DA, including special education resource leads and the Supporting Inclusive Practices project. The SEGA report found insufficient data to determine whether special education supports provided through the SOS and other technical assistance contracts were equitably distributed to LEAs, or to evaluate the provision of general technical assistance.
The Assembly may wish to consider that siloed or overlapping support undermines the effectiveness of efforts to improve outcomes for students with disabilities, particularly because the highest leverage practice to improve outcomes – inclusion – is by definition a system change that requires the collaborative effort of all systems serving students with disabilities.
According to the Author
"Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California's students with disabilities.
SELPAs are dedicated to the belief that all students can learn and that students with special needs must be guaranteed equal opportunity to become contributing members of society. Unfortunately, the legislature has delayed the support plan from taking effect in the last three legislative sessions (2017-2018, 2019-2020, & 2021-2022) and pushed these delays through four budget trailer bills in four of the last six years. It is time the legislature prioritizes the support plan's implementation to help deliver high quality education to the lowest performing subgroup on the CA School Dashboard.
We also need to consider how the COVID 19 pandemic has created an educational crisis for all students in our state, especially on students with disabilities. This is evidenced by the increase in SWD student count, low performance on dashboard indicators, and significant chronic absenteeism of our most vulnerable population. Denying SELPAs the opportunity to be part of the expert technical assistance team supporting LEAs to improve outcomes would be a disservice to our students with disabilities. It is critical we act now in order to stop the crisis in its tracks and start the recovery process. The changes proposed in the bill are a small but key addition to the work already being done in each school district."
Arguments in Support
The SELPA Administrators of California writes, "For over forty years, SELPAs have collaborated with the California Department of Education to offer programs, services, and assistance to SWDs. California's continued investment in and reliance on SELPAs demonstrate confidence in the quality and effectiveness of the support SELPAs provide. However, there is currently no statutory requirement that SELPAs be consulted in determining actions needed to support SWDs.
AB 1517 would guarantee the interests of SWDs are sufficiently represented by specifically requiring SELPAs to be a part of the technical assistance team supporting their member LEAs. The Annual Assurances Support Plan will require SELPAs and participating agencies to demonstrate how they are coordinating for purposes of assuring effective outcomes for SWDs. The goal of the plan is to help districts and county offices benefit from the experience of other local agencies, while also increasing transparency and accountability. Under existing law, the Annual Assurances Support Plan requirement will not take effect until July 1, 2027. However, AB 1517 would implement this important update by July 1, 2025.
While there has been significant progress in educational outcomes of SWDs, SELPAs can contribute and advocate more effectively for SWDs as part of technical assistance teams. We stand with codifying the technical assistance SELPAs provide LEAs, and with prompt implementation of the Annual Assurances Support Plan."
Arguments in Opposition
None on file
FISCAL COMMENTS
This bill could result in unknown, potentially significant General Fund costs to school districts and SELPAs to comply with the bill's requirements. The California Department of Education (CDE) indicates that the costs would be driven by the time taken away from SELPA and COE administration to conduct the consultations required by the bill. However, the bill does not specify a required number of meetings or number of hours for consultation. Further, the costs could vary depending on the needs and structure of the SELPA. For example, a multi-district SELPA would likely be more impacted than a single district SELPA because it would need to consult with the COE and DA teams for each of the LEAs in the county. Additionally, the bill requires each SELPA submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member LEAs to support monitoring activities. The extent and need of TA for these plans could vary depending on the individual needs of the LEAs, which could be costly. It is unclear if the Commission on State Mandates would determine these activities to be reimbursable.
The CDE estimates General Fund costs of about $71,000 for monitoring activities and to review SELPA local plans for the additional technical assistance provided to LEAs.
VOTES
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Bryan, Gabriel
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
UPDATED
VERSION: September 18, 2023
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002547
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1517
Author:(Gallagher)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Requires that when a local educational agency (LEA) qualifies for Differentiated Assistance (DA) on the basis of the performance of students with disabilities, the county superintendent of schools include the administrator of its Special Education Local Plan Area (SELPA) on its expert technical assistance team; requires that the superintendent of a school district consult with their SELPA administrator prior to adoption of a Local Control and Accountability Plan (LCAP); and makes changes to required elements of local plans and annual assurances support plans.
Senate Amendments
Incorporate changes made by SB 114 (Budget and Fiscal Review Committee), Chapter 48, Statutes of 2023, the education budget trailer bill.
COMMENTS
Separate and overlapping accountability systems in special education. The California Special Education Governance and Accountability (SEGA) Study, published by WestEd in 2021, found that "although students with an IEP are included in and addressed through the general education governance and accountability structures — for example, as a specific student group on the Dashboard and for eligibility for differentiated assistance — California also has both separate and overlapping special education governance and accountability structures."
Two primary parts of the accountability systems impacting students with disabilities are the California School Dashboard and the federally-required State Performance Plan (SPP). While some of the indicators used in the two systems are similar, they are often not identical. For example, the Dashboard and the SPP use different metrics (in the case of the SPP indicators, determined by the federal government) and use different calculations to determine student graduation rates.
The SEGA study noted that while California currently requires collaboration between SELPAs and COEs on member LEAs' LCAPs, "the disconnect between the varied plans that address special education (LCAP, SEP, SELPA local plan) may lead to disjointed ownership and responsibility for improving outcomes for students with an IEP."
How does the Statewide System of Support (SOS) address the performance of students with disabilities? This bill proposes to require that SELPAs be part of the support provided to LEAs when the performance of students with disabilities has made an LEA eligible for DA, a level of assistance in the state's SOS.
The SOS is part of the state's accountability system, and is intended to provide support to LEAs to build their capacity to support the continuous improvement of student performance, address achievement gaps, and improve collaboration with stakeholders to ensure that LCAPs reflect the needs of students. The SOS provides three levels of assistance: general assistance, differentiated assistance, and intensive intervention. While students with disabilities are included in the general student population addressed by the SOS, California has additional separate and overlapping accountability structures for students with disabilities.
There are several ways in which the state provides support related to students with disabilities, either in connection with or independent from DA, including special education resource leads and the Supporting Inclusive Practices project. The SEGA report found insufficient data to determine whether special education supports provided through the SOS and other technical assistance contracts were equitably distributed to LEAs, or to evaluate the provision of general technical assistance.
The Assembly may wish to consider that siloed or overlapping support undermines the effectiveness of efforts to improve outcomes for students with disabilities, particularly because the highest leverage practice to improve outcomes – inclusion – is by definition a system change that requires the collaborative effort of all systems serving students with disabilities.
According to the Author
"Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California's students with disabilities.
SELPAs are dedicated to the belief that all students can learn and that students with special needs must be guaranteed equal opportunity to become contributing members of society. Unfortunately, the legislature has delayed the support plan from taking effect in the last three legislative sessions (2017-2018, 2019-2020, & 2021-2022) and pushed these delays through four budget trailer bills in four of the last six years. It is time the legislature prioritizes the support plan's implementation to help deliver high quality education to the lowest performing subgroup on the CA School Dashboard.
We also need to consider how the COVID 19 pandemic has created an educational crisis for all students in our state, especially on students with disabilities. This is evidenced by the increase in SWD student count, low performance on dashboard indicators, and significant chronic absenteeism of our most vulnerable population. Denying SELPAs the opportunity to be part of the expert technical assistance team supporting LEAs to improve outcomes would be a disservice to our students with disabilities. It is critical we act now in order to stop the crisis in its tracks and start the recovery process. The changes proposed in the bill are a small but key addition to the work already being done in each school district."
Arguments in Support
The SELPA Administrators of California writes, "For over forty years, SELPAs have collaborated with the California Department of Education to offer programs, services, and assistance to SWDs. California's continued investment in and reliance on SELPAs demonstrate confidence in the quality and effectiveness of the support SELPAs provide. However, there is currently no statutory requirement that SELPAs be consulted in determining actions needed to support SWDs.
AB 1517 would guarantee the interests of SWDs are sufficiently represented by specifically requiring SELPAs to be a part of the technical assistance team supporting their member LEAs. The Annual Assurances Support Plan will require SELPAs and participating agencies to demonstrate how they are coordinating for purposes of assuring effective outcomes for SWDs. The goal of the plan is to help districts and county offices benefit from the experience of other local agencies, while also increasing transparency and accountability. Under existing law, the Annual Assurances Support Plan requirement will not take effect until July 1, 2027. However, AB 1517 would implement this important update by July 1, 2025.
While there has been significant progress in educational outcomes of SWDs, SELPAs can contribute and advocate more effectively for SWDs as part of technical assistance teams. We stand with codifying the technical assistance SELPAs provide LEAs, and with prompt implementation of the Annual Assurances Support Plan."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- This bill could result in unknown, potentially significant General Fund costs to school districts and SELPAs to comply with the bill’s requirements. The California Department of Education (CDE) indicates that the costs would be driven by the time taken away from SELPA and COE administration to conduct the consultations required by the bill. However, the bill does not specify a required number of meetings or number of hours for consultation. Further, the costs could vary depending on the needs and structure of the SELPA. For example, a multi-district SELPA would likely be more impacted than a single district SELPA because it would need to consult with the COE and DA teams for each of the LEAs in the county. Additionally, the bill requires each SELPA submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member LEAs to support monitoring activities. The extent and need of TA for these plans could vary depending on the individual needs of the LEAs, which could be costly. It is unclear if the Commission on State Mandates would determine these activities to be reimbursable.
- The CDE estimates General Fund costs of about $71,000 for monitoring activities and to review SELPA local plans for the additional technical assistance provided to LEAs.,
VOTES:
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Bryan, Gabriel
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
UPDATED
VERSION: September 1, 2023
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002262
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1517 |
THIRD READING
Bill No: AB 1517
Author: Gallagher (R), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/28/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 78-0, 6/1/23 - See last page for vote
SUBJECT: Special education: special education local plan areas: local plans
SOURCE: SELPA Administrators of California
DIGEST:
This bill requires a Special Education Local Plan Area (SELPA) administrator to be: (1) included in their local educational agency’s (LEA’s) differentiated assistance (DA) team, and (2) consulted in their LEA’s Local Control and Accountability Plan (LCAP) development process, as specified.
ANALYSIS:
Existing law:
- Requires each SELPA to administer local plans and the allocation of state and federal special education funds. (Education Code (EC) 56195)
- Requires the governing boards of school districts to submit local plans to the Superintendent of Public Instruction (SPI), either as single or multi-district SELPAs, or to join with the county offices of education (COE) to submit a plan. (EC 56195.1)
- Requires each SELPA submitting a local plan to the SPI to ensure, in conformity with federal law and regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies.
- Requires that multidistrict local plans specify the roles and responsibilities of participating LEAs and the administrator of the SELPA, and include copies of joint powers agreements or contractual agreements, and requires that the governance and administration of the local plan reflect a regular schedule of consultations with teachers, administrators, and parent members of the community advisory community (CAC). (EC 56205)
- Requires that each local plan submitted to the SPI contain:
- An annual budget plan with descriptions of specified expenditures;
- An annual service plan describing the services to be provided by each LEA; and
- An annual assurances support plan. (EC 56205)
- Requires, commencing July 1, 2027, each SELPA’s local plan to include an annual assurances support plan, for the purpose of demonstrating how the SELPA and its participating agencies are coordinating to assure effective outcomes for students with disabilities.
- Requires the California Department of Education (CDE) to develop a template for the annual assurances support plan by July 1, 2026.
- Requires the annual assurances support plan to include all of the following elements:
- A description of how the governing board of the SELPA has determined that the SELPA will support participating agencies in achieving the goals, actions, and services identified in their LCAPs;
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the system of support (SOS); and
- A brief description of the services, technical assistance, and support the governing board of the SELPA has determined it will provide. (EC 56122)
- Requires the superintendent of a school district to consult with its SELPA administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the LCAP or annual update to the LCAP, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs. (EC 52062)
- Requires, by January 31, 2025, the State Board of Education (SBE) to adopt an Individuals with Disabilities Education Act (IDEA) Addendum to the LCAP relating to improvements in services for individuals with exceptional needs.
- Requires LEAs, by July 1, 2025, to complete the IDEA Addendum when they are identified as in need of an improvement plan under federal law.
- Requires LEAs to develop the IDEA Addendum in conjunction with, and attached to, the LCAP and annual update to the LCAP and be updated annually.
- Requires the CDE to develop a process to design the template for the IDEA Addendum that meets specified objectives.
- Requires LEAs to submit the IDEA Addendum to the CDE within 15 days of adoption by the governing board of a school district, county board of education, or governing body of a charter school. (EC 52064.3)
This bill:
- Requires that, before the governing board of a school district considers the adoption or an annual update of an LCAP, and when the school district is determined to be in need of DA for performance of students with disabilities, the superintendent of the school district consult with their SELPA administrator to determine which specific actions are needed to support outcomes on the California School Dashboard.
- Requires that, when students with disabilities are the identified subgroup that qualifies an LEA for DA, the county superintendent of schools consult with and include their SELPA administrator or administrators as part of the expert technical assistance team.
- Requires the annual assurances support plan to include:
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the statewide SOS and to also include a description of how it will include technical assistance offered through the special education resource leads;
- A description of how the governing board of the SELPA has determined the technical assistance, direct services, monitoring activities, and professional development the SELPA will provide its participating agencies to support improved outcomes for students with disabilities is in alignment with the SOS; and
- A description of how the governing board of the SELPA has determined it will recruit, maintain, and support an active CAC, including involvement in an advisory manner of the development of all sections of the local plan and participation in the LCAPs of their respective member agencies.
- Requires each SELPA submitting a local plan to the SPI to ensure that the plan provides technical assistance to its member LEAs to support monitoring activities as directed by the CDE. Requires that the description of technical assistance provided to member LEAs include how the SELPA will:
- Conduct professional development addressing any identified area for improvement by the CDE;
- Participate, in collaboration with COEs, in DA activities for students with disabilities;
- Participate in activities designed to improve LEA performance on the California School Dashboard for students with disabilities;
- Under the direction of the CDE, provide leadership and coordination of compliance and improvement monitoring activities for LEAs in need of universal, targeted, and intensive supports;
- Coordinate, review, provide feedback, and certify individualized education plan (IEP) implementation monitoring, as required by the CDE; and
- Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System (CALPADS) special education data, as required by the CDE.
Comments
- Need for the bill. According to the author, “Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California’s students with disabilities.
SELPAs are dedicated to the belief that all students can learn and that students with special needs must be guaranteed equal opportunity to become contributing members of society. Unfortunately, the legislature has delayed the support plan from taking effect in the last three legislative sessions (2017-2018, 2019-2020, & 2021-2022) and pushed these delays through four budget trailer bills in four of the last six years. It is time the legislature prioritizes the support plan’s implementation to help deliver high quality education to the lowest performing subgroup on the CA School Dashboard.
We also need to consider how the COVID19 pandemic has created an educational crisis for all students in our state, especially on students with disabilities. This is evidenced by the increase in SWD student count, low performance on dashboard indicators, and significant chronic absenteeism of our most vulnerable population. Denying SELPAs the opportunity to be part of the expert technical assistance team supporting LEAs to improve outcomes would be a disservice to our students with disabilities. It is critical we act now in order to stop the crisis in its tracks and start the recovery process. The changes proposed in the bill are a small but key addition to the work already being done in each school district.”
- What are SELPAs? Since 1977, all school districts and COEs have been required to form regional consortia of sufficient size and scope to provide for all special education service needs of children residing within the region’s boundaries. These consortia are known as SELPAs. SELPAs were conceived in California’s 1974 California Master Plan for Special Education for the purpose of facilitating collaboration among LEAs and COEs that would ensure sufficient economies of scale to adequately provide services for students with an IEP. Each SELPA develops a local plan including its budget and service plans.
LEAs are required to belong to a SELPA. Multi-district SELPAs are governed by a board composed of the member LEAs. If LEAs are of sufficient size and service scope, they may serve as their own SELPA. According to WestEd, more than 90% of California LEAs, serving approximately 60% of California students with an IEP, belong to a multi-district SELPA. As of the 2019-20 academic year, California had 136 SELPAs: 83 multi-district SELPAs, 47 single-district SELPAs, 5 statewide charter SELPAs, and one SELPA serving only students in Los Angeles County court schools.
Each SELPA must have an administrative unit that serves as the legal entity receiving and distributing funds on behalf of the SELPA. Each SELPA is also required to have CAC to provide families and other local stakeholders the opportunity to provide input on special education programs and services.
SELPAs are the direct recipients of all state and federal special education funding. In turn, SELPAs allocate some or all of the funding to member LEAs based on an allocation plan developed by the SELPA’s governing board.
- Special Education Governance and Accountability Study. The California Special Education Governance and Accountability (SEGA) Study, published by WestEd in 2021, found that “although students with an IEP are included in and addressed through the general education governance and accountability structures — for example, as a specific student group on the Dashboard and for eligibility for differentiated assistance — California also has both separate and overlapping special education governance and accountability structures.”
Two primary parts of the accountability systems impacting students with disabilities are the California Schools Dashboard and the federally-required State Performance Plan (SPP). While some of the indicators used in the two systems are similar, they are often not identical. For example, the Dashboard and the SPP use different metrics (in the case of the SPP indicators, determined by the federal government) and use different calculations to determine student graduation rates.
The SEGA study noted that while California currently requires collaboration between SELPAs and COEs on member LEAs’ LCAPs, “the disconnect between the varied plans that address special education (LCAP, SEP, SELPA local plan) may lead to disjointed ownership and responsibility for improving outcomes for students with an IEP.”
- SEGA study recommendations. Among many recommendations, the SEGA study recommended that the state:
- Align improvement planning requirements and supports provided through the Statewide SOS across general and special education;
- Increase transparency and alignment of the state’s general and special education accountability, monitoring, and technical assistance structures;
- Amplify the voices of special education stakeholders, including families, in all governance and accountability structures;
- Continue to provide Statewide SOS resources and to support inclusive practices for students with an IEP, for both general education and special education audiences;
- Collect data on how resources and supports are accessed by LEAs and distributed by technical assistance providers. Provide guidance to technical assistance providers on making supports available to the LEAs based on need and to LEAs on how to access resources and supports; and
- Encourage COEs, charter school authorizers, and the state to include special education expertise and support in LCAP improvement planning supports and differentiated assistance for LEAs, charter schools, and COEs. Build the expertise of local leaders to plan for and direct inclusive preschool and transitional kindergarten programs.
- SELPA Resource Lead Agency System. The 2018 Budget Act appropriated $10 million for the California Collaborative for Educational Excellence (CCEE) and the CDE to select at least three SELPAs or a consortia of SELPAs to serve as special education resource leads to work with lead agencies and other COEs to improve pupil outcomes as part of the California Statewide System of Support.
To further develop California's Statewide SOS, the SELPA Resource Leads will consist of two types of statewide special education leads: SELPA Systems Improvement Leads and SELPA Content Leads. The purpose of the SELPA System Improvement Leads (SIL) Project is to work collaboratively within the Statewide SOS to build the capacity of SELPAs and LEAs with a common goal to improve outcomes for students with disabilities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- This bill could result in unknown, potentially significant General Fund costs to school districts and SELPAs to comply with the bill’s requirements. The California Department of Education (CDE) indicates that the costs would be driven by the time taken away from SELPA and COE administration to conduct the consultations required by the bill. However, the bill does not specify a required number of meetings or number of hours for consultation. Further, the costs could vary depending on the needs and structure of the SELPA. For example, a multi-district SELPA would likely be more impacted than a single district SELPA because it would need to consult with the COE and DA teams for each of the LEAs in the county. Additionally, the bill requires each SELPA submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member LEAs to support monitoring activities. The extent and need of TA for these plans could vary depending on the individual needs of the LEAs, which could be costly. It is unclear if the Commission on State Mandates would determine these activities to be reimbursable.
- The CDE estimates General Fund costs of about $71,000 for monitoring activities and to review SELPA local plans for the additional technical assistance provided to LEAs.
SUPPORT: (Verified 9/1/23)
SELPA Administrators of California (source)
AB Behavior and Consulting
Antelope Valley SELPA
Association of California School Administrators
Benicia Unified School District
Beverly Hills Unified School District
Butte County SELPA
California School Boards Association
Coalition for Adequate Funding for Special Education
Culver City Unified School District
Dixon Unified School District
East San Gabriel Valley SELPA
East San Gabriel Valley SELPA Community Advisory Committee
East Valley SELPA
Fairfield-Suisun Unified School District
Foothill SELPA
Fresno County SELPA
Greater Anaheim SELPA
Monterey County SELPA
North Region SELPA
San Francisco Unified School District
San Luis Obispo County SELPA
San Mateo County SELPA
Santa Barbara County SELPA
Solano County Office of Education
Solano County SELPA
South East Consortium SELPA
Tehama County SELPA
Travis Unified School District
Tri-City SELPA
Vacaville Unified School District
Ventura County SELPA
West Contra Costa Unified School District
Whittier Area Cooperative SELPA
Yolo County SELPA
Yuba County SELPA
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 78-0, 6/1/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Bryan, Gabriel
Prepared by: Ian Johnson / ED. / (916) 651-4105
9/2/23 14:46:00
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1517 (Gallagher) - Special education: special education local plan areas: local plans
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill requires a Special Education Local Plan Area (SELPA) administrator to be included in their local educational agency’s (LEA’s) differentiated assistance (DA) team, and consulted in their LEA’s Local Control and Accountability Plan (LCAP) development process.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- This bill could result in unknown, potentially significant General Fund costs to school districts and SELPAs to comply with the bill’s requirements. The California Department of Education (CDE) indicates that the costs would be driven by the time taken away from SELPA and COE administration to conduct the consultations required by the bill. However, the bill does not specify a required number of meetings or number of hours for consultation. Further, the costs could vary depending on the needs and structure of the SELPA. For example, a multi-district SELPA would likely be more impacted than a single district SELPA because it would need to consult with the COE and DA teams for each of the LEAs in the county. Additionally, the bill requires each SELPA submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member LEAs to support monitoring activities. The extent and need of TA for these plans could vary depending on the individual needs of the LEAs, which could be costly. It is unclear if the Commission on State Mandates would determine these activities to be reimbursable.
- The CDE estimates General Fund costs of about $71,000 for monitoring activities and to review SELPA local plans for the additional technical assistance provided to LEAs.
Author Amendments:
Address chaptering issues.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1517 (Gallagher) - Special education: special education local plan areas: local plans
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill requires a Special Education Local Plan Area (SELPA) administrator to be included in their local educational agency’s (LEA’s) differentiated assistance (DA) team, and consulted in their LEA’s Local Control and Accountability Plan (LCAP) development process.
Fiscal Impact:
- This bill could result in unknown, potentially significant General Fund costs to school districts and SELPAs to comply with the bill’s requirements. The California Department of Education (CDE) indicates that the costs would be driven by the time taken away from SELPA and COE administration to conduct the consultations required by the bill. However, the bill does not specify a required number of meetings or number of hours for consultation. Further, the costs could vary depending on the needs and structure of the SELPA. For example, a multi-district SELPA would likely be more impacted than a single district SELPA because it would need to consult with the COE and DA teams for each of the LEAs in the county. Additionally, the bill requires each SELPA submitting a local plan to the Superintendent to also ensure that the plan provides technical assistance to its member LEAs to support monitoring activities. The extent and need of TA for these plans could vary depending on the individual needs of the LEAs, which could be costly. It is unclear if the Commission on State Mandates would determine these activities to be reimbursable.
- The CDE estimates General Fund costs of about $71,000 for monitoring activities and to review SELPA local plans for the additional technical assistance provided to LEAs.
Background:
Existing law requires all school districts and COEs to form regional consortia of sufficient size and scope to provide for all special education service needs of children residing within the region’s boundaries. These consortia are known as SELPAs. SELPAs were conceived in California’s 1974 California Master Plan for Special Education for the purpose of facilitating collaboration among LEAs and COEs that would ensure sufficient economies of scale to adequately provide services for students with an IEP. Each SELPA develops a local plan including its budget and service plans. Multi-district SELPAs are governed by a board composed of the member LEAs. If LEAs are of sufficient size and service scope, they may serve as their own SELPA.
Each SELPA must have an administrative unit that serves as the legal entity receiving and distributing funds on behalf of the SELPA. Each SELPA is also required to have a community advisory committee to provide families and other local stakeholders the opportunity to provide input on special education programs and services.
Proposed Law:
This bill requires that, before the governing board of a school district considers the adoption or an annual update of an LCAP, and when the school district is determined to be in need of DA for performance of students with disabilities, the superintendent of the school district consult with their SELPA administrator to determine which specific actions are needed to support outcomes on the California School Dashboard. This bill also requires that, when students with disabilities are the identified subgroup that qualifies an LEA for DA, the county superintendent of schools consult with and include their SELPA administrator or administrators as part of the expert technical assistance team.
This bill requires the annual assurances support plan to include:
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the statewide SOS and to also include a description of how it will include technical assistance offered through the special education resource leads;
- A description of how the governing board of the SELPA has determined the technical assistance, direct services, monitoring activities, and professional development the SELPA will provide its participating agencies to support improved outcomes for students with disabilities is in alignment with the SOS; and
- A description of how the governing board of the SELPA has determined it will recruit, maintain, and support an active CAC, including involvement in an advisory manner of the development of all sections of the local plan and participation in the LCAPs of their respective member agencies.
This bill requires each SELPA submitting a local plan to the SPI to ensure that the plan provides technical assistance to its member LEAs to support monitoring activities as directed by the CDE. It requires that the description of technical assistance provided to member LEAs include how the SELPA will:
- Conduct professional development addressing any identified area for improvement by the CDE;
- Participate, in collaboration with COEs, in DA activities for students with disabilities;
- Participate in activities designed to improve LEA performance on the California School Dashboard for students with disabilities;
- Under the direction of the CDE, provide leadership and coordination of compliance and improvement monitoring activities for LEAs in need of universal, targeted, and intensive supports;
- Coordinate, review, provide feedback, and certify individualized education plan (IEP) implementation monitoring, as required by the CDE; and
- Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System (CALPADS) special education data, as required by the CDE.
Related Legislation:
AB 1808 (Committee on Budget, Chapter 32, Statutes of 2018) requires, commencing July 1, 2027, each SELPA’s local plan to include an annual assurances support plan, for the purpose of demonstrating how the SELPA and its participating agencies are coordinating to assure effective outcomes for students with disabilities.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 1517 Hearing Date: June 28, 2023
Author: | |||
Version: | May 1, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Ian Johnson | ||
Subject: Special education: special education local plan areas: local plans.
SUMMARY
This bill requires a Special Education Local Plan Area (SELPA) administrator to be: (1) included in their local educational agency’s (LEA’s) differentiated assistance (DA) team, and (2) consulted in their LEA’s Local Control and Accountability Plan (LCAP) development process, as specified.
BACKGROUND
Existing law:
- Requires each SELPA to administer local plans and the allocation of state and federal special education funds. (Education Code (EC) 56195)
- Requires the governing boards of school districts to submit local plans to the Superintendent of Public Instruction (SPI), either as single or multi-district SELPAs, or to join with the county offices of education (COE) to submit a plan. (EC 56195.1)
- Requires each SELPA submitting a local plan to the SPI to ensure, in conformity with federal law and regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies.
- Requires that multidistrict local plans specify the roles and responsibilities of participating LEAs and the administrator of the SELPA, and include copies of joint powers agreements or contractual agreements, and requires that the governance and administration of the local plan reflect a regular schedule of consultations with teachers, administrators, and parent members of the community advisory community (CAC). (EC 56205)
- Requires that each local plan submitted to the SPI contain:
- An annual budget plan with descriptions of specified expenditures;
- An annual service plan describing the services to be provided by each LEA; and
- An annual assurances support plan. (EC 56205)
- Requires, commencing July 1, 2027, each SELPA’s local plan to include an annual assurances support plan, for the purpose of demonstrating how the SELPA and its participating agencies are coordinating to assure effective outcomes for students with disabilities.
- Requires the California Department of Education (CDE) to develop a template for the annual assurances support plan by July 1, 2026.
- Requires the annual assurances support plan to include all of the following elements:
- A description of how the governing board of the SELPA has determined that the SELPA will support participating agencies in achieving the goals, actions, and services identified in their LCAPs;
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the system of support (SOS); and
- A brief description of the services, technical assistance, and support the governing board of the SELPA has determined it will provide. (EC 56122)
- Requires the superintendent of a school district to consult with its SELPA administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the LCAP or annual update to the LCAP, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs. (EC 52062)
- Requires, by January 31, 2025, the State Board of Education (SBE) to adopt an Individuals with Disabilities Education Act (IDEA) Addendum to the LCAP relating to improvements in services for individuals with exceptional needs.
- Requires LEAs, by July 1, 2025, to complete the IDEA Addendum when they are identified as in need of an improvement plan under federal law.
- Requires LEAs to develop the IDEA Addendum in conjunction with, and attached to, the LCAP and annual update to the LCAP and be updated annually.
- Requires the CDE to develop a process to design the template for the IDEA Addendum that meets specified objectives.
- Requires LEAs to submit the IDEA Addendum to the CDE within 15 days of adoption by the governing board of a school district, county board of education, or governing body of a charter school. (EC 52064.3)
ANALYSIS
This bill:
- Requires that, before the governing board of a school district considers the adoption or an annual update of an LCAP, and when the school district is determined to be in need of DA for performance of students with disabilities, the superintendent of the school district consult with their SELPA administrator to determine which specific actions are needed to support outcomes on the California School Dashboard.
- Requires that, when students with disabilities are the identified subgroup that qualifies an LEA for DA, the county superintendent of schools consult with and include their SELPA administrator or administrators as part of the expert technical assistance team.
- Requires the annual assurances support plan to include:
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the statewide SOS and to also include a description of how it will include technical assistance offered through the special education resource leads;
- A description of how the governing board of the SELPA has determined the technical assistance, direct services, monitoring activities, and professional development the SELPA will provide its participating agencies to support improved outcomes for students with disabilities is in alignment with the SOS; and
- A description of how the governing board of the SELPA has determined it will recruit, maintain, and support an active CAC, including involvement in an advisory manner of the development of all sections of the local plan and participation in the LCAPs of their respective member agencies.
- Requires each SELPA submitting a local plan to the SPI to ensure that the plan provides technical assistance to its member LEAs to support monitoring activities as directed by the CDE. Requires that the description of technical assistance provided to member LEAs include how the SELPA will:
- Conduct professional development addressing any identified area for improvement by the CDE;
- Participate, in collaboration with COEs, in DA activities for students with disabilities;
- Participate in activities designed to improve LEA performance on the California School Dashboard for students with disabilities;
- Under the direction of the CDE, provide leadership and coordination of compliance and improvement monitoring activities for LEAs in need of universal, targeted, and intensive supports;
- Coordinate, review, provide feedback, and certify individualized education plan (IEP) implementation monitoring, as required by the CDE; and
- Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System (CALPADS) special education data, as required by the CDE.
STAFF COMMENTS
- Need for the bill. According to the author, “Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California’s students with disabilities.
SELPAs are dedicated to the belief that all students can learn and that students with special needs must be guaranteed equal opportunity to become contributing members of society. Unfortunately, the legislature has delayed the support plan from taking effect in the last three legislative sessions (2017-2018, 2019-2020, & 2021-2022) and pushed these delays through four budget trailer bills in four of the last six years. It is time the legislature prioritizes the support plan’s implementation to help deliver high quality education to the lowest performing subgroup on the CA School Dashboard.
We also need to consider how the COVID19 pandemic has created an educational crisis for all students in our state, especially on students with disabilities. This is evidenced by the increase in SWD student count, low performance on dashboard indicators, and significant chronic absenteeism of our most vulnerable population. Denying SELPAs the opportunity to be part of the expert technical assistance team supporting LEAs to improve outcomes would be a disservice to our students with disabilities. It is critical we act now in order to stop the crisis in its tracks and start the recovery process. The changes proposed in the bill are a small but key addition to the work already being done in each school district.”
- What are SELPAs? Since 1977, all school districts and COEs have been required to form regional consortia of sufficient size and scope to provide for all special education service needs of children residing within the region’s boundaries. These consortia are known as SELPAs. SELPAs were conceived in California’s 1974 California Master Plan for Special Education for the purpose of facilitating collaboration among LEAs and COEs that would ensure sufficient economies of scale to adequately provide services for students with an IEP. Each SELPA develops a local plan including its budget and service plans.
LEAs are required to belong to a SELPA. Multi-district SELPAs are governed by a board composed of the member LEAs. If LEAs are of sufficient size and service scope, they may serve as their own SELPA. According to WestEd, more than 90% of California LEAs, serving approximately 60% of California students with an IEP, belong to a multi-district SELPA. As of the 2019-20 academic year, California had 136 SELPAs: 83 multi-district SELPAs, 47 single-district SELPAs, 5 statewide charter SELPAs, and one SELPA serving only students in Los Angeles County court schools.
Each SELPA must have an administrative unit that serves as the legal entity receiving and distributing funds on behalf of the SELPA. Each SELPA is also required to have CAC to provide families and other local stakeholders the opportunity to provide input on special education programs and services.
SELPAs are the direct recipients of all state and federal special education funding. In turn, SELPAs allocate some or all of the funding to member LEAs based on an allocation plan developed by the SELPA’s governing board.
- Special Education Governance and Accountability Study. The California Special Education Governance and Accountability (SEGA) Study, published by WestEd in 2021, found that “although students with an IEP are included in and addressed through the general education governance and accountability structures — for example, as a specific student group on the Dashboard and for eligibility for differentiated assistance — California also has both separate and overlapping special education governance and accountability structures.”
Two primary parts of the accountability systems impacting students with disabilities are the California Schools Dashboard and the federally-required State Performance Plan (SPP). While some of the indicators used in the two systems are similar, they are often not identical. For example, the Dashboard and the SPP use different metrics (in the case of the SPP indicators, determined by the federal government) and use different calculations to determine student graduation rates.
The SEGA study noted that while California currently requires collaboration between SELPAs and COEs on member LEAs’ LCAPs, “the disconnect between the varied plans that address special education (LCAP, SEP, SELPA local plan) may lead to disjointed ownership and responsibility for improving outcomes for students with an IEP.”
- SEGA study recommendations. Among many recommendations, the SEGA study recommended that the state:
- Align improvement planning requirements and supports provided through the Statewide SOS across general and special education;
- Increase transparency and alignment of the state’s general and special education accountability, monitoring, and technical assistance structures;
- Amplify the voices of special education stakeholders, including families, in all governance and accountability structures;
- Continue to provide Statewide SOS resources and to support inclusive practices for students with an IEP, for both general education and special education audiences;
- Collect data on how resources and supports are accessed by LEAs and distributed by technical assistance providers. Provide guidance to technical assistance providers on making supports available to the LEAs based on need and to LEAs on how to access resources and supports; and
- Encourage COEs, charter school authorizers, and the state to include special education expertise and support in LCAP improvement planning supports and differentiated assistance for LEAs, charter schools, and COEs. Build the expertise of local leaders to plan for and direct inclusive preschool and transitional kindergarten programs.
- SELPA Resource Lead Agency System. The 2018 Budget Act appropriated $10 million for the California Collaborative for Educational Excellence (CCEE) and the CDE to select at least three SELPAs or a consortia of SELPAs to serve as special education resource leads to work with lead agencies and other COEs to improve pupil outcomes as part of the California Statewide System of Support.
To further develop California's Statewide SOS, the SELPA Resource Leads will consist of two types of statewide special education leads: SELPA Systems Improvement Leads and SELPA Content Leads. The purpose of the SELPA System Improvement Leads (SIL) Project is to work collaboratively within the Statewide SOS to build the capacity of SELPAs and LEAs with a common goal to improve outcomes for students with disabilities.
- Arguments in support. The SELPA Administrators of California writes, “For over forty years, SELPAs have collaborated with the California Department of Education to offer programs, services, and assistance to SWDs. California’s continued investment in and reliance on SELPAs demonstrate confidence in the quality and effectiveness of the support SELPAs provide. However, there is currently no statutory requirement that SELPAs be consulted in determining actions needed to support SWDs.
AB 1517 would guarantee the interests of SWDs are sufficiently represented by specifically requiring SELPAs to be a part of the technical assistance team supporting their member LEAs. The Annual Assurances Support Plan will require SELPAs and participating agencies to demonstrate how they are coordinating for purposes of assuring effective outcomes for SWDs. The goal of the plan is to help districts and county offices benefit from the experience of other local agencies, while also increasing transparency and accountability. Under existing law, the Annual Assurances Support Plan requirement will not take effect until July 1, 2027. However, AB 1517 would implement this important update by July 1, 2025.
While there has been significant progress in educational outcomes of SWDs, SELPAs can contribute and advocate more effectively for SWDs as part of technical assistance teams. We stand with codifying the technical assistance SELPAs provide LEAs, and with prompt implementation of the Annual Assurances Support Plan.”
SUPPORT
SELPA Administrators of California (sponsor)
Antelope Valley SELPA
Beverly Hills Unified School District
Butte County SELPA
California School Boards Association
Coalition for Adequate Funding for Special Education
Culver City Unified School District
East San Gabriel Valley SELPA
East San Gabriel Valley SELPA Community Advisory Committee
East Valley SELPA
Foothill SELPA
San Mateo County SELPA
Santa Barbara County Special Education Local Plan Area
Solano County SELPA
Tehama County Special Education Local Plan Area
Tri-City SELPA
Ventura County SELPA
Yolo County SELPA
Yuba County SELPA
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1517
Author:(Gallagher)
As Amended Ver:May 1, 2023
Majority vote
SUMMARY
Requires that when a local educational agency (LEA) qualifies for Differentiated Assistance (DA) on the basis of the performance of students with disabilities, the county superintendent of schools include the administrator of its Special Education Local Plan Area (SELPA) on its expert technical assistance team; requires that the superintendent of a school district consult with their SELPA administrator prior to adoption of a Local Control and Accountability Plan (LCAP); and makes changes to required elements of local plans and annual assurances support plans.
Major Provisions
- Requires that, before the governing board of a school district considers the adoption or an annual update of an LCAP, and when the school district is determined to be in need of DA for performance of students with disabilities, the superintendent of the school district consult with their SELPA administrator to determine which specific actions are needed to support outcomes on the California School Dashboard.
- Requires that, when students with disabilities are the identified subgroup that qualifies an LEA for DA, the county superintendent of schools consult with and include their SELPA administrator or administrators as part of the expert technical assistance team.
- Requires the annual assurances support plan to include:
- A description of how the governing board of the SELPA has determined that the SELPA will connect its participating agencies in need of technical assistance to the statewide system of support (SOS) and to also include a description of how it will include technical assistance offered through the special education resource leads;
- A description of how the governing board of the SELPA has determined the technical assistance, direct services, monitoring activities, and professional development the SELPA will provide its participating agencies to support improved outcomes for students with disabilities is in alignment with the SOS; and
- A description of how the governing board of the SELPA has determined it will recruit, maintain, and support an active community advisory committee (CAC), including involvement in an advisory manner of the development of all sections of the local plan and participation in the LCAPs of their respective member agencies.
- Requires each SELPA submitting a local plan to the Superintendent of Public Instruction (SPI) to ensure that the plan provides technical assistance to its member LEAs to support monitoring activities as directed by the CDE. Requires that the description of technical assistance provided to member LEAs include how the SELPA will:
- Conduct professional development addressing any identified area for improvement by the CDE;
- Participate, in collaboration with county offices of education (COEs), in DA activities for students with disabilities;
- Participate in activities designed to improve LEA performance on the California School Dashboard for students with disabilities;
- Under the direction of the CDE, provide leadership and coordination of compliance and improvement monitoring activities for LEAs in need of universal, targeted, and intensive supports;
- Coordinate, review, provide feedback, and certify individualized education plan (IEP) implementation monitoring, as required by the CDE; and
- Coordinate, review, provide feedback, and certify the California Longitudinal Pupil Achievement Data System (CALPADS) special education data, as required by the CDE.
COMMENTS
Separate and overlapping accountability systems in special education. The California Special Education Governance and Accountability (SEGA) Study, published by WestEd in 2021, found that "although students with an IEP are included in and addressed through the general education governance and accountability structures — for example, as a specific student group on the Dashboard and for eligibility for differentiated assistance — California also has both separate and overlapping special education governance and accountability structures."
Two primary parts of the accountability systems impacting students with disabilities are the California School Dashboard and the federally-required State Performance Plan (SPP). While some of the indicators used in the two systems are similar, they are often not identical. For example, the Dashboard and the SPP use different metrics (in the case of the SPP indicators, determined by the federal government) and use different calculations to determine student graduation rates.
The SEGA study noted that while California currently requires collaboration between SELPAs and COEs on member LEAs' LCAPs, "the disconnect between the varied plans that address special education (LCAP, SEP, SELPA local plan) may lead to disjointed ownership and responsibility for improving outcomes for students with an IEP."
How does the Statewide System of Support (SOS) address the performance of students with disabilities? This bill proposes to require that SELPAs be part of the support provided to LEAs when the performance of students with disabilities has made an LEA eligible for DA, a level of assistance in the state's SOS.
The SOS is part of the state's accountability system, and is intended to provide support to LEAs to build their capacity to support the continuous improvement of student performance, address achievement gaps, and improve collaboration with stakeholders to ensure that LCAPs reflect the needs of students. The SOS provides three levels of assistance: general assistance, differentiated assistance, and intensive intervention. While students with disabilities are included in the general student population addressed by the SOS, California has additional separate and overlapping accountability structures for students with disabilities.
There are several ways in which the state provides support related to students with disabilities, either in connection with or independent from DA, including special education resource leads and the Supporting Inclusive Practices project. The SEGA report found insufficient data to determine whether special education supports provided through the SOS and other technical assistance contracts were equitably distributed to LEAs, or to evaluate the provision of general technical assistance.
The Assembly may wish to consider that siloed or overlapping support undermines the effectiveness of efforts to improve outcomes for students with disabilities, particularly because the highest leverage practice to improve outcomes – inclusion – is by definition a system change that requires the collaborative effort of all systems serving students with disabilities.
According to the Author
"Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California's students with disabilities.
SELPAs are dedicated to the belief that all students can learn and that students with special needs must be guaranteed equal opportunity to become contributing members of society. Unfortunately, the legislature has delayed the support plan from taking effect in the last three legislative sessions (2017-2018, 2019-2020, & 2021-2022) and pushed these delays through four budget trailer bills in four of the last six years. It is time the legislature prioritizes the support plan's implementation to help deliver high quality education to the lowest performing subgroup on the CA School Dashboard.
We also need to consider how the COVID 19 pandemic has created an educational crisis for all students in our state, especially on students with disabilities. This is evidenced by the increase in SWD student count, low performance on dashboard indicators, and significant chronic absenteeism of our most vulnerable population. Denying SELPAs the opportunity to be part of the expert technical assistance team supporting LEAs to improve outcomes would be a disservice to our students with disabilities. It is critical we act now in order to stop the crisis in its tracks and start the recovery process. The changes proposed in the bill are a small but key addition to the work already being done in each school district."
Arguments in Support
The SELPA Administrators of California writes, "For over forty years, SELPAs have collaborated with the California Department of Education to offer programs, services, and assistance to SWDs. California's continued investment in and reliance on SELPAs demonstrate confidence in the quality and effectiveness of the support SELPAs provide. However, there is currently no statutory requirement that SELPAs be consulted in determining actions needed to support SWDs.
AB 1517 would guarantee the interests of SWDs are sufficiently represented by specifically requiring SELPAs to be a part of the technical assistance team supporting their member LEAs. The Annual Assurances Support Plan will require SELPAs and participating agencies to demonstrate how they are coordinating for purposes of assuring effective outcomes for SWDs. The goal of the plan is to help districts and county offices benefit from the experience of other local agencies, while also increasing transparency and accountability. Under existing law, the Annual Assurances Support Plan requirement will not take effect until July 1, 2027. However, AB 1517 would implement this important update by July 1, 2025.
While there has been significant progress in educational outcomes of SWDs, SELPAs can contribute and advocate more effectively for SWDs as part of technical assistance teams. We stand with codifying the technical assistance SELPAs provide LEAs, and with prompt implementation of the Annual Assurances Support Plan."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
One-time and ongoing General Fund costs, of an unknown amount, to school districts and SELPAs to comply with the various requirements of this bill. The state has over 1,000 school districts and has 136 SELPAs.
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 school districts or provide funding through the K-12 Mandate Block Grant.
VOTES
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: May 1, 2023
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000870
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1517
Author:(Gallagher) – As Amended Ver:May 1, 2023
Policy Committee: | Education | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill makes various changes to the required consultations, elements of local plans, and other details related to the administration of special education services to students with disabilities.
Specifically, this bill:
- Requires that, before the governing board of a school district considers the adoption or an annual update of its local strategic plan, (known as a Local Control Accountability Plan), and when the school district is determined to be in need of special technical assistance (known as “differentiated assistance”) for performance of students with disabilities, the superintendent of the school district consult with its Special Education Local Plan Area (SELPA) administrator to determine which specific actions are needed to support student outcomes.
- Requires that, when students with disabilities are the identified subgroup that qualifies a school district for special technical assistance, the county superintendent of schools consult with and include its SELPA administrator as part of the expert technical assistance team.
- Requires each SELPA submitting its local plan to the Superintendent of Public Instruction (SPI) to ensure that the plan provides special technical assistance to its member school districts to support monitoring activities.
- Requires a school district to include additional details and new elements in the “annual assurances” plan for special education it must develop beginning July 2027 as part of its local plan.
FISCAL EFFECT:
One-time and ongoing General Fund costs, of an unknown amount, to school districts and SELPAs to comply with the various requirements of this bill. The state has over 1,000 school districts and has 136 SELPAs.
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 school districts or provide funding through the K-12 Mandate Block Grant.
COMMENTS:
- Purpose. According to the author:
Including SELPAs as part of the technical assistance team for LEAs when students with disabilities are involved ensures all students, regardless of their abilities, have access to a high quality education. This bill will also increase transparency and accountability by requiring the timely implementation of the Annual Assurances Support plan. This will provide a more comprehensive and effective approach to serving California’s students with disabilities.
- Background. SELPAs are regional consortia of school districts and county offices of education that create economies of scale to serve students with disabilities. Current law requires each SELPA to develop a local plan, which is to include its budget and service plans.
- Prior Legislation. AB 1808 (Committee on Budget), Chapter 32, Statutes of 2018, requires, commencing July 1, 2027, each SELPA’s local plan to include an annual assurances support plan, for the purpose of demonstrating how the SELPA and its participating agencies are coordinating to assure effective outcomes for students with disabilities.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Discussed in Hearing
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