Portantino
Author
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines "parent" for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the child's parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified. Existing law requires that a person who meets the definition of "parent," except for a surrogate parent, be determined to be the "parent" for purposes of these provisions if there is a judicial decree or order identifying that person, as specified. This bill would revise the definition of "parent" to specify that it also includes the educational rights holder and the conservator of a child. The bill would instead require that a person who meets the definition of "parent," including all categories of people included in that definition, be determined to be the "parent" for purposes of these provisions if there is a judicial decree or order identifying that person, as specified. The bill would instead require a local educational agency to take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The bill would require this action to include, as applicable, communicating in the native language of the parent, or in another mode of communication used by the parent, arranging for an interpreter, providing translation services, and providing alternative communication services, as specified. The bill would require a local educational agency, upon request by a pupil's parent, to translate in the native language of the parent, or in another mode of communication used by the parent, the pupil's completed individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting. The bill would require, for a parent whose native language is one of the 8 most commonly spoken languages, as provided, excluding English, in a local educational agency, that the completed individualized education program and any revisions to the individualized education program be translated within 30 calendar days of that meeting or within 30 calendar days of a later request. The bill would require the documents to be translated by a qualified translator, as defined. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law defines "local educational agency" to include, among others, a nonprofit charter school participating as a member of a special education local plan area. The bill would revise the definition of "local educational agency" to include, among others, a charter school participating as a member of a special education local plan area. To the extent that this revision would impose duties on additional charter schools, the bill would impose a state-mandated local program. 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.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 33. Noes 6. Page 6023.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 65. Noes 10. Page 6762.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 16).
June 27 set for first hearing. Placed on APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 13). Re-referred to Com. on APPR.
Coauthors revised.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
July 12 hearing postponed by committee.
June 21 set for first hearing canceled at the request of author.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 33. Noes 6. Page 1270.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1183.) (May 25).
Set for hearing May 25.
May 15 hearing: Placed on APPR. suspense file.
Set for hearing May 15.
May 8 hearing postponed by committee.
Set for hearing May 8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 782.) (April 19).
Set for hearing April 19.
March 29 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
Set for hearing March 29.
March 22 hearing postponed by committee.
Set for hearing March 22.
From printer. May be acted upon on or after March 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB354 | HTML |
| 02/14/17 - Introduced | |
| 03/20/17 - Amended Senate | |
| 04/26/17 - Amended Senate | |
| 06/14/17 - Amended Assembly | |
| 01/03/18 - Amended Assembly | |
| 08/20/18 - Amended Assembly | |
| 09/04/18 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.