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Assembly Bill 216 (Bass - 2007)

Chapter 382, Statutes of 2007

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

Gives the flexibility for non-public, non-sectarian schools (NPS) that provide special education to offer curricula and instructional materials that are standards-based (and adopted by the State Board of 

Education, for K-8 materials) but that are not necessarily used by the local educational agency in which the NPS is located.

Legislative Counsel has opined,

"It is not uncommon for an individual with exceptional needs to be performing academically at a grade level far below the grade in which he or she is enrolled. Because of this possibility we think that the phrase "access to" as used in the context of an NPS providing instructional materials to pupils, is susceptible of two interpretations. One is that an NPS is required to provide an individual with exceptional needs with textbooks that are appropriate for the goals and objectives of his or her IEP. An alternative interpretation is that an NPS is required to provide an individual with exceptional needs with the textbooks that are used by the local educational agency for the grade level in which the individual is enrolled, regardless of the textbooks required by his or her IEP. We think that a court would find that the latter interpretation is unreasonable and contrary to the intent of the Legislature in enacting Section 56366.10. The comprehensive nature of an IEP implies that the Legislature intended it to govern the instruction of an individual with exceptional needs to the extent of any conflict with the usual curriculum  and instructional materials used by a local educational agency for pupils of the same grade level. We think that a court would conclude that requiring an NPS to expend funds on a grade nine mathematics textbook that the individual would not use is unreasonable"

This bill seeks to provide some flexibility for NPSs to use instructional materials and core curricula other than those used by the LEA where the NPS is located.