Bill Text: CA AB1517 | 2009-2010 | Regular Session | Amended

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Bill Title: Special education: alternative dispute resolution

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1517 Detail]

Download: California-2009-AB1517-Amended.html

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BILL NUMBER: AB 1517	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Bill Berryhill
   (Principal coauthor: Assembly Member Buchanan)

                        FEBRUARY 27, 2009

   An act to add Section 56510 to the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1517, as amended, Bill Berryhill. Special education:
alternative dispute resolution programs.
   Existing law prescribes the procedure for filing a complaint with
the State Department of Education to allege a violation of state or
federal law regarding the provision of special education instruction
and services, for conducting a voluntary prehearing mediation
conference, and for conducting a due process hearing to resolve the
dispute. Existing law declares the intent of the Legislature that
parties to special education disputes be encouraged to seek
resolution through mediation prior to filing a request for a due
process hearing.
   This bill, subject to an appropriation in the annual Budget Act or
other statute, would require the department to establish and
administer a statewide program of grant funding to establish
alternative dispute resolution programs for special education that
include specified components.  The bill would require  
that these funds first be apportioned to special education local plan
areas (SELPAs) that received grant funds during the 2009-10 fiscal
year for purposes of implementing alternative dispute resolution
programs before they are apportioned to SELPAs that did not receive
that grant funds during the 2009-10 fiscal year. The bill would
require the Superintendent of Public Instruction, by July 1, 2010, to
submit to the Legislature a summary report that includes, but is not
limited to, specified information and data from SELPAs that received
grant funds for purposes of implementing alternative dispute
resolution programs. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature in enacting this
act to do all of the following:
   (a) Establish new options for alternative dispute resolution at
the local level through coordination by the system of special
education local plan areas (SELPAs) or the collaboration of multiple
SELPAs.
   (b) Ensure that the new options for alternative dispute resolution
do not interfere with the right of a parent under state and federal
law to pursue other options at the state level, but work in
conjunction with those other options to provide a greater variety of
options to the parent.
   (c) Establish a program with funding to support the development
and implementation of alternative dispute resolution in each SELPA
throughout the state.
   (d) Establish a mentorship program to help guide SELPAs in
implementing new alternative dispute resolution programs.
  SEC. 2.  Section 56510 is added to the Education Code, to read:
   56510.   (a)    Subject to an appropriation in
the annual Budget Act or other statute, the department shall
establish and administer a statewide program of grant funding to
establish alternative dispute resolution programs for special
education that include all of the following: 
   (a) 
    (1)  An advisory board that includes representatives
from local alternative dispute resolution programs to ensure ongoing
communication. 
   (b) 
    (2)  An annual statewide conference for all of the
implementers of alternative dispute resolution programs. 
   (c) 
    (3)  Criteria for awarding grants, funding, data
collection, and evaluating alternative dispute resolution programs.

   (d) 
    (4)  The selection of recipients and allocation of
funding. 
   (e) 
    (5)  The selection of individuals to serve as mentors to
support implementers. 
   (b) The funds described in subdivision (a) shall first be
apportioned to special education local plan areas (SELPAs) that
received grant funds during the 2009-10 fiscal year pursuant to
Provision 4 of Item 6110-161-0890 of Section 2.00 of the Budget Act
of 2009 before they are apportioned to SELPAs that did not receive
grant funds pursuant to that provision during the 2009-10 fiscal
year.  
   (c) By July 1, 2010, the Superintendent shall submit to the
Legislature a summary report that includes, but is not limited to,
all of the following information and data from SELPAs that have
received grant funds pursuant to Provision 4 of Item 6110-161-0890 of
Section 2.00 of the annual Budget Act:  
   (1) Alternative dispute resolution strategies that are being
implemented by grantees.  
   (2) The number of individuals who have received training on
alternative dispute resolution using grant funds.  
   (3) Alternative dispute resolution strategies that have been
implemented by grantees and have demonstrated effectiveness.