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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 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  and   ,  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.
   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.  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) An advisory board that includes representatives from local
alternative dispute resolution programs to ensure ongoing
communication.
   (b) An annual statewide conference for all  of the 
implementers of alternative dispute resolution programs.
   (c) Criteria for awarding grants, funding, data collection, and
evaluating alternative dispute resolution programs.
   (d) The selection of recipients and allocation of funding.
   (e) The selection of individuals to serve as mentors to support
implementers.