CDCAN Advocacy Without Borders :: One Community

Current Status

This was returned to the Secretary of the Senate pursuant to Joint Rule 56.

Joint Rule 56

Bills introduced in the first year of the regular session and passed by the house of origin on or before the January 31st constitutional deadline are "carryover bills." Immediately after January 31, bills introduced in the first year of the regular session that do not become "carryover bills" shall be returned to the Chief Clerk of the Assembly or Secretary of the Senate, respectively. Notwithstanding Rule 4, as used in this rule "bills" does not include constitutional amendments.

Rule 4: Definition of the Word "Bill"

Whenever the word "bill" is used in these rules, it includes any constitutional amendment, any resolution ratifying a proposed amendment to the United States Constitution, and any resolution calling for a constitutional convention.

Summary

SB 701 would require that the governance structure of a multi-district special education local plan area (SELPA) to include one school board member from each school district within that SELPA.

Special Education Local Plan Areas (SELPAs) are regional service centers that ensure that special education services are available for all students with disabilities with from birth through age 22. The SELPA's responsibility is met through a network of cooperative agreements among districts and agencies. Most SELPAs coordinate services among several local education agencies, though some are single-district entities. Governance structure is detailed in the local plan, which is intended to provide equity in allocation of resources to students within the SELPA. Generally, SELPA governing boards will include district superintendents and/or board members that are representative of the region. There are approximately 120 SELPAs in the state.

By requiring each multi-district SELPA governance structure to include a board member, this bill would create a reimbursable state mandate. As districts would now be required to place a board member on the SELPA governing boards, the state would likely be obligated to pay costs for staffing, travel and other costs associated with being a SELPA board member. These costs would extend to approximately 950 school districts. Assuming only $1,000 per district per year in reimbursable costs would lead to annual costs of close to $950,000. Costs could potentially be higher as the bill would require a revision to each SELPA's governance plan, and it is likely that costs for that activity would also be reimbursable.

As many SELPAs include dozens of districts, this bill could lead to an unwieldy governance structure. Staff further notes that while SELPAs help coordinate services throughout a region, it is the school district that has ultimate responsibility for developing the pupil's education plan. Each school district has a role in determining the representatives of the SELPA governing board and must also approve the plan.