California 2011-2012 Regular Session Status: Enacted

SB 121 — Pupils: foster children: special education.

Last action — Chaptered by Secretary of State. Chapter 571, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires a pupil who is placed in a licensed children's institution or foster family home to attend programs operated by the local educational agency unless the pupil is entitled to remain in his or her school of origin, the pupil has an individualized education program requiring placement elsewhere, or the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, determines that it is in the best interests of the pupil to be placed in another educational program. This bill would require that, if the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes that determination, he or she shall provide a written statement to that effect to the local educational agency, as specified. The bill would authorize a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the pupil with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment. Existing law provides that no local educational agency shall refer an individual with exceptional needs residing in a licensed children's institution or foster family home to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be assured, and that before a local educational agency places an individual with exceptional needs in, or refers such an individual to, a nonpublic, nonsectarian school, the school district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program for the pupil. This bill would specify that these pupils shall not be referred to, or placed in, a nonpublic, nonsectarian school unless their individualized education programs specify that the placement is appropriate. The bill would also specify that the meeting that is required to take place to develop an individualized education program shall be conducted pursuant to specified provisions. To the extent this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program. Existing law prohibits a licensed children's institution from requiring as a condition of residential placement that it provide the appropriate educational programs to individuals with exceptional needs residing there through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, it. This bill would also prohibit a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. This bill would prohibit a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. 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 these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 571, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 0. Page 4961.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 80. Noes 0. Page 6342.) Ordered to the Senate.

  7. Ordered to third reading.

  8. From consent calendar.

  9. Read second time. Ordered to consent calendar.

  10. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 13).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  14. Re-referred to Com. on ED.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S.

  16. Set, first hearing. Hearing canceled at the request of author.

  17. Referred to Coms. on HUM. S. and ED.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 26. Noes 12. Page 1220.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 6. Noes 2. Page 1112.) (May 26).

  22. Set for hearing May 26.

  23. Placed on APPR. suspense file.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  25. Set for hearing May 23.

  26. Set, second hearing. Hearing canceled at the request of author.

  27. Set for hearing May 16.

  28. Set, first hearing. Hearing canceled at the request of author.

  29. Set for hearing May 9.

  30. Read second time and amended. Re-referred to Com. on APPR.

  31. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 639.) (April 13).

  32. Set for hearing April 13.

  33. Re-referred to Com. on ED.

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  35. Referred to Com. on RLS.

  36. From printer. May be acted upon on or after February 24.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Liu · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Liu

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB121 Liu Concurrence

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 1000
Democratic 2000
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Hancock — Not Voting
Emmerson — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Simitian — Yea
Wolk — Yea
De León — Yea
Wyland — Not Voting
Negrete McLeod — Yea
Yee — Yea
Cannella — Yea
Rubio — Yea
Runner — Not Voting
Dutton — Yea
Leno — Yea
Lieu — Not Voting
Pavley — Not Voting
Price — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Yea
Steinberg — Not Voting
Walters — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 121 Liu Senate Third Reading By BROWNLEY

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 77000
Democratic 1000
Republican 2000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Butler — Yea
Carter — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Furutani — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Gatto — Yea
Gordon — Yea
Cedillo — Yea
Portantino — Yea
Hagman — Yea
Hall — Yea
Chesbro — Yea
Allen — Yea
Harkey — Yea
Hueso — Yea
Bonilla — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Jeffries — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Monning — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Donnelly — Yea
Hall — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Lara — Yea
Hill — Yea
Mitchell — Yea
Nielsen — Yea
Wagner — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Democratic 2000
Republican 0100
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Wyland — Nay
Rubio — Yea
Evans — Yea
Cannella — Yea
Fuller — Nay
Runner — Nay
Harman — Nay
Leno — Yea
Blakeslee — Nay
Corbett — Yea
Correa — Not Voting
Dutton — Nay
Price — Yea
Walters — Nay
Hancock — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Steinberg — Yea
Wolk — Yea
Alquist — Yea
Anderson — Nay
Hernandez — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Alquist — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Kehoe — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Lieu — Yea
Runner — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Pavley — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 121 do?
Existing law requires a pupil who is placed in a licensed children's institution or foster family home to attend programs operated by the local educational agency unless the pupil is entitled to remain in his or her school of origin, the pupil has an individualized education program requiring placement elsewhere, or the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, determines that it is in the best interests of the pupil to be placed in another educational program. This bill would require that, if the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes that determination, he or she shall provide a written statement to that effect to the local educational agency, as specified. The bill would authorize a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the pupil with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment. Existing law provides that no local educational agency shall refer an individual with exceptional needs residing in a licensed children's institution or foster family home to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be assured, and that before a local educational agency places an individual with exceptional needs in, or refers such an individual to, a nonpublic, nonsectarian school, the school district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program for the pupil. This bill would specify that these pupils shall not be referred to, or placed in, a nonpublic, nonsectarian school unless their individualized education programs specify that the placement is appropriate. The bill would also specify that the meeting that is required to take place to develop an individualized education program shall be conducted pursuant to specified provisions. To the extent this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program. Existing law prohibits a licensed children's institution from requiring as a condition of residential placement that it provide the appropriate educational programs to individuals with exceptional needs residing there through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, it. This bill would also prohibit a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. This bill would prohibit a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. 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 these statutory provisions.
Who sponsors SB 121?
SB 121 is sponsored by Liu.
What is the current status of SB 121?
This bill has been enacted into law. Introduced January 24, 2011. Enacted.
Where can I track SB 121?
Track SB 121 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 121

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 121

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →