BILL ANALYSIS {u AB 395 u} Page 1 Date of Hearing: April 21, 1999 ASSEMBLY COMMITTEE ON EDUCATION Kerry Mazzoni, Chair AB 395 (Dutra) - As Amended: April 5, 1999 {u SUBJECT u} : Special education. {u SUMMARY u} : Specifically, {u this bill u} : 1)Includes diagnostic centers as a responsibility of the Superintendent of Public Instruction (SPI), in addition to the State Special Schools. 2)Clarifies that students may be referred to the Assessment Centers at the State Special Schools, as opposed to being referred to the State Special Schools in general. 3)Revises the stated objective of diagnostic centers and duties of the SPI in relation to diagnostic centers to reflect the changed focus, since diagnostic centers no longer provide residential programs or medical treatment. 4)Revises the authority the SPI regarding teacher training courses, in relation to the diagnostic centers, to reflect the changed focus of diagnostic centers and the establishment of the special education teaching credential. 5)Revises the requirements of publishers or manufacturers to provide instructional materials to the state to include computer files and other electronic versions of materials, and to include American sign language videos for the deaf. Authorizes materials for disabilities that prevent the use of standard instructional materials (in addition to general visual disabilities). Requires computer files or other electronic versions to maintain the structural integrity of the standard instructional materials, be compatible with commonly used Braille translation and speech synthesis software, and include corrections and revisions as may be necessary. Requires computer files or other electronic versions of nonliterary titles, including science and math, to be provided when technology is available to convert those materials to a format that maintains the structural integrity of the standard instructional materials. Requires these files to be compatible with Braille translation and speech synthesis {u AB 395 u} Page 2 software. 6)Includes other disabilities that prevent students from using standard versions of instructional materials to those where accommodations are provided from funds in the State Instructional Materials Fund, in addition to accommodations for students who are visually impaired. 7)Adds American Sign Language videos for use as instructional materials to those that are to be maintained in a central clearinghouse-depository and duplication center for use by students with visual impairments. Adds materials for students with other disabilities that prevent the use of standard instructional materials to those that are to be maintained in a central clearinghouse-depository and duplication center. 8)Requires students who are residents of California to be accepted by a diagnostic center pursuant to criteria adopted by the SPI and deletes language pertaining to the admission of out-of-state students to diagnostic centers. 9)Deletes the requirement that the SPI allocate funds to the diagnostic centers for transportation of students who are residents of the centers. 10)Deletes the provisions establishing a sunset date for the special education program. 11)Deletes the authorization of the State Board of Education (SBE) to approve local special education plans for up to 4 years. 12)Makes various technical changes. {u EXISTING LAWu} 1)Requires the SPI to maintain the state special schools to coordinate the services of those schools with the services of districts, special education local plan areas (SELPAs), or county offices of education. 2)Authorizes students to be referred, as appropriate, for further assessment and recommendations to the California Schools for the Deaf, California School for the Blind, or diagnostic centers. {u AB 395 u} Page 3 3)States the objective of diagnostic centers as the diagnosis of disabled children and the determination of the treatment and educational program for those children. States that the centers provide temporary residence for children, who by reason of their disabilities, need educational diagnostic services not available in regular public schools. 4)States the duties of the SPI in relation to diagnostic centers to: a) Prescribe rules for the government of the centers; b) Appoint the superintendents of the centers and other officers and employees; c) Remove for any cause any officer, teacher, or employee; d) Fix the compensation of teachers; e) Determine the length of, and the time for, vacations of teachers; and f) Contract with the University of California (UC), or with other public or private hospitals or schools of medicine, for the establishment and maintenance of diagnostic service and treatment centers for disabled children. 5)Authorizes the SPI, in connection with the diagnostic centers and in cooperation with public and private agencies, to: a) Conduct experimental assessment projects designed to meet needs of those categories of disabled children selected by the SPI; and b) Serve as a demonstration program to promote personnel development through in-service education, internships, and professional observations for special education and related services personnel, in cooperation with institutions of higher education and local education agencies. 6)Authorizes the SPI, in cooperation with an accredited college or university, to allow diagnostic centers to establish and maintain teacher training courses to prepare teachers to instruct children with disabilities. Requires the SPI, in {u AB 395 u} Page 4 cooperation with an accredited college or university, to establish standards for admission to the courses and for the contents of the courses. Requires these courses to count toward requirements of a credential in the area of the educationally handicapped, upon the establishment of the credential. 7)Requires publishers or manufacturers, among other things, to provide to the state, at no cost, the right to transcribe, reproduce, and distribute the material in Braille, large print, recordings, or other accessible media for use by students with visual disabilities. Requires this right to include computer diskette versions of print materials if made available to any other state, and corrections and revisions as may be necessary. 8)Requires the SBE to use of portion of the funds in the State Instructional Materials Fund to provide instructional materials to accommodate students with visual disabilities. 9)Requires the SPI to maintain a central clearinghouse-depository and duplication center for the design, production, and distribution of Braille, large print, special recordings, and other accessible versions of instructional materials for students who are visually impaired and are enrolled in public schools. 10)Establishes that every resident of California under the age of 21, of suitable age and capacity as determined by diagnostic centers, is entitled to free services. Authorizes disabled children who are not residents of California to be admitted to a diagnostic center after paying the support cost to the State Department of Education (SDE). 11)Requires the SPI to allocate not more than $389 per fiscal year per unit of average daily attendance, for students attending a diagnostic center as a 5-day resident, for transportation to and from the students' homes on weekends and school holidays. 12)Requires the special education program to sunset on June 30, 2000. 13)Requires the SBE to adopt criteria and procedures for the review and approval of local plans. Authorizes local plans to {u AB 395 u}Page 5 be approved for up to 4 years. {u FISCAL EFFECT u} : Unknown {u COMMENTSu} : {u Need for this bill u} . This bill is generally a conforming, clean-up measure. According to the author, "AB 395 will address a number of technical and substantive issues regarding special education. Specifically, this bill eliminates the sunset date for the special education program, makes a variety of technical changes and corrections to statutes regarding the State Special Schools, and will include the final statutory changes necessary to provide conformity with the federal Individuals with Disabilities Act (IDEA)." {u Author's amendment u} . The author would like to amend this bill to make technical and clarifying changes regarding computer files and other electronic versions of literary titles. This amendment provides that computer files or other electronic versions would be provided in a timely manner and will be requested by the state as needed for specified purposes. {u Diagnostic centers u} . Diagnostic centers ceased their residential school programs in 1992 and, due to this change, have eliminated the superintendent position. Diagnostic centers now have a lower level classification, director, serving as the site administrator. Diagnostic centers no longer provide medical treatment and typically do not serve out-of-state students due to this change. Teacher training in the area of serving students with exceptional needs is no longer formally provided at diagnostic centers because students are now only assessed, not taught, at these centers. In addition, a credential in special education has been established by the Commission on Teacher Credentialing. {u SPI regulations for referral u} . The California Code of Regulations (CCR) Title 5, Section 3025 specifies that, prior to referring a student to a diagnostic center for further assessment, the district, SELPA, or county office of education must first conduct assessments at the local level within the capabilities of that agency. CCR Title 5, Section 3025 also requires representatives of the district, SELPA, or county office of education to participate in staffing meetings and receive the final report and recommendations from the diagnostic {u AB 395 u} Page 6 centers. {u The special education program u} . The Special Education Program is scheduled to sunset on June 30, 2000. The sunset date on California's program has been extended several times through legislation. Special education is a federally mandated program. If California's special education program were to sunset, the state would still be required to provide special education services to students identified by the federal Rehabilitation Act. However, there would be no federal funding provided, under IDEA, to California. {u Approval of local educational agencies' plans u} . Federal law requires local educational agencies to submit a local plan only once to the SDE. This bill conforms state law to federal law by eliminating the reference in state law to 4-year local plan approval. {u Prior legislation u} . SB 1686 (Solis), Chapter 691, Statutes of 1998, made clarifying and technical changes to conform to IDEA. AB 598 (Davis), Chapter 89, Statutes of 1998, made clarifying, conforming and technical changes related to special education funding. AB 602 (Davis), Chapter 854, Statutes of 1997, implemented a new special education funding system, based on population served, and provided a one-time equity adjustment for the 1997-98 fiscal year. AB 58 (Escutia), Chapter 829, Statutes of 1997, extended the special education program sunset date from June 30, 1998 to June 30, 2000. SB 210 (Solis), Chapter 208, Statutes of 1996, required that regular education programs be included in the continuum of special education services options. {u Related legislation in the current session u} . AB 355 (Davis) implements the recommendations of the "AB 602 Accountability Workgroup." AB 609 (Wildman) requires districts to provide Braille instruction to legally blind students, unless the Individualized Education Plan team determines that Braille instruction is not appropriate for the student. AB 1020 (Corbett) authorizes a referral for assessments to be made by a guardian, foster parent, student advocate, or designated adult representative, or by a court. AB 1205 (Robert Pacheco) states legislative intent to reform the process for constructing, repairing, and modernizing the facilities of the California Schools for the Deaf and the California School for the Blind. SB 1035 (Hughes) requires the SPI, the Division of State Special Schools of the SDE, and county offices of education to work {u AB 395 u} Page 7 collaboratively to establish a statewide regionalized system for delivering quality education programs and related services to deaf and hard-of-hearing students. {u REGISTERED SUPPORT / OPPOSITION u} : (as of 4/16/99) {u Support u} Superintendent of Public Instruction (sponsor) California School Employees Association - letter was for prior version of bill School Districts of Marin County - letter was for prior version of bill {u Opposition u} None on file. {u Analysis Prepared by u} : Lynn Lorber / ED. / (916) 319-2087