AB 1264: Special education pupils: individualized education program: meetings: school records.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-13
(1)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 a parent, as defined, of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program.
This bill would require a public agency, before any meeting regarding an individualized education program, to offer to provide to the parent copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. The bill would require the public agency, if the parent requests those copies, to make them available to the parent at least 5 business days before the meeting. The bill would authorize a public agency to charge a parent no more than the actual cost of reproducing these copies, but if the cost effectively prevents the parent from exercising the right to receive the copies, the public agency would be required to reproduce the copies at no cost. The bill would require notice to a parent of an individualized education program meeting to include notice of the right to obtain copies of school records pursuant to these provisions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would also make conforming changes.
(2)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.
(1)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 a parent parent, as defined, of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program.
This bill would require a public agency, before any meeting regarding an individualized education program, to offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. The bill would require the public agency, if the parent or guardian requests those copies, to make them available to the parent or guardian at least 5 business days before the meeting. The bill would authorize a public agency to charge a parent or guardian no more than the actual cost of reproducing these copies, but if the cost effectively prevents the parent or guardian from exercising the right to receive the copies, the public agency would be required to reproduce the copies at no cost. The bill would require notice to a parent of an individualized education program meeting to include a check box for a parent or guardian to request these school records and would require, if notice is provided verbally, a parent or guardian to be asked if he or she wishes to request these school records. notice of the right to obtain copies of school records pursuant to these provisions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would also make conforming changes.
(2)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.
(1)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 a parent of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program.
This bill would require a public agency, before any meeting regarding an individualized education program, to offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, related to that meeting. The bill would require the public agency, if the parent or guardian requests those copies, to make them available to the parent or guardian at least 5 business days before the meeting. The bill would prohibit authorize a public agency from charging to charge a parent or guardian for no more than the actual cost of providing reproducing these copies. copies, but if the cost effectively prevents the parent or guardian from exercising the right to receive the copies, the public agency would be required to reproduce the copies at no cost. The bill would require notice of an individualized education program meeting to include a check box for a parent or guardian to request these school records and would require, if notice is provided verbally, a parent or guardian to be asked if he or she wishes to request these school records. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would also make conforming changes.
(2)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.
(1)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 a parent of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program.
This bill would require a public agency, before any meeting regarding an individualized education program, to provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, to the pupils parent offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, related to that meeting. The bill would require the public agency, if the parent or guardian requests those copies, to make them available to the parent or guardian at least 5 schooldays business days before the meeting. The bill would prohibit a public agency from charging a parent or guardian for the cost of providing these copies. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would also make conforming changes.
(2)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.
(1)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 a parent of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program.
This bill would require a public agency, before any meeting regarding an individualized education program, to provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, to the pupils parent at least 5 schooldays before the meeting. The bill would prohibit a public agency from charging a parent for the cost of providing these copies. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would also make conforming changes.
(2)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.
Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. Existing law requires the Superintendent of Public Instruction, in implementing the master plan, to establish the service regional system as the primary method for the delivery of services to migrant children, and authorizes the State Department of Education to directly fund local educational agencies, in whole or in part, to provide services to eligible migrant children if certain conditions are met. Existing law requires the Superintendent to adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council. Existing law specifies the responsibilities of parent advisory councils at the district, regional, and state levels, and of school districts or other agencies operating programs for migrant pupils, and requires the responsibilities of the state board and the department to be set forth in the master plan.This bill would make nonsubstantive changes to that latter provision.Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. Existing law requires the Superintendent of Public Instruction, in implementing the master plan, to establish the service regional system as the primary method for the delivery of services to migrant children, and authorizes the State Department of Education to directly fund local educational agencies, in whole or in part, to provide services to eligible migrant children if certain conditions are met. Existing law requires the Superintendent to adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council. Existing law specifies the responsibilities of parent advisory councils at the district, regional, and state levels, and of school districts or other agencies operating programs for migrant pupils, and requires the responsibilities of the state board and the department to be set forth in the master plan.
This bill would make nonsubstantive changes to that latter provision.
The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written consent for assessment, unless the parent agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)(1)The parent shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent, either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with subdivision (a) of Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(2)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if those records and reports are related to that meeting. If the parent requests those copies, the public agency shall make them available to the pupils parent at least five business days before the meeting, in accordance with subdivision (b) of Section 56504.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
SEC. 2.Section 56504 of the Education Code is amended to read:56504.(a)(1)The parent shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing.
(2)(A)The parent shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records.
(B)If a school record includes information on more than one pupil, the parents of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information.
(C)A public agency shall provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency.
(b)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. If the parent requests any of those copies, the public agency shall provide them to the parent at least five business days before the meeting.
(c)A public agency may charge a parent no more than the actual cost of reproducing the records requested pursuant to this section, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.
(d)Notice to a parent of an individualized education program meeting pursuant to subdivision (b) of Section 56341.5 shall include notice of the right to obtain copies of school records pursuant to this section within five business days after the request is made.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, parents, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)(1)The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, parent, either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with subdivision (a) of Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(2)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if those records and reports are related to that meeting. If the parent or guardian requests those copies, the public agency shall make them available to the pupils parent or guardian at least five business days prior to before the meeting, in accordance with subdivision (b) of Section 56504.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
SEC. 2.Section 56504 of the Education Code is amended to read:56504.(a)(1)The parent or guardian shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing.
(2)(A)The parent or guardian shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records.
(B)If a school record includes information on more than one pupil, the parents or guardians of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information.
(C)A public agency shall provide a parent or guardian, parent, on request of the parent or guardian parent, a list of the types and locations of school records collected, maintained, or used by the agency.
(b)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. If the parent or guardian requests any of those copies, the public agency shall provide them to the parent or guardian at least five business days before the meeting.
(c)A public agency may charge a parent or guardian no more than the actual cost of reproducing the records requested pursuant to this section, but if this cost effectively prevents the parent or guardian from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.
(d)(1)Notice of an individualized education program meeting pursuant to subdivision (b) of Section 56341.5 shall include a check box for a parent or guardian to request school records pursuant to this section. A parent or guardian who is notified verbally of an individualized education program meeting shall be asked if he or she wishes to request school records pursuant to this section.(2)A notice(d)Notice to a parent or guardian of all the procedural safeguards under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the rights and procedures contained in this chapter, of an individualized education program meeting pursuant to subdivision (b) of Section 56341.5 shall include notice of the right to obtain copies of school records pursuant to this section within five business days after the request is made.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)(1)The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with subdivision (a) of Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(2)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if those records and reports are related to that meeting. If the parent or guardian requests those copies, the public agency shall make them available to the pupils parent or guardian at least five business days prior to the meeting, in accordance with subdivision (b) of Section 56504.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
SEC. 2.Section 56504 of the Education Code is amended to read:56504.(a)(1)The parent or guardian shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing.
(2)(A)The parent or guardian shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records.
(B)If a school record includes information on more than one pupil, the parents or guardians of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information.
(C)A public agency shall provide a parent or guardian, on request of the parent or guardian a list of the types and locations of school records collected, maintained, or used by the agency.
(3)A public agency may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent or guardian from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.(b)(1)Before any meeting regarding an individualized education program, a public agency shall offer to provide to the parent or guardian copies of any available, completed school records related to the students pupils current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. If the parent or guardian requests any of those copies, the public agency shall provide them to the parent or guardian at least five business days before the meeting.
(2)A public agency shall not charge a parent for the cost to provide copies pursuant to paragraph (1).(c)A public agency may charge a parent or guardian no more than the actual cost of reproducing the records requested pursuant to this section, but if this cost effectively prevents the parent or guardian from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.
(d)(1)Notice of an individualized education program meeting pursuant to subdivision (b) of Section 56341.5 shall include a check box for a parent or guardian to request school records pursuant to this section. A parent or guardian who is notified verbally of an individualized education program meeting shall be asked if he or she wishes to request school records pursuant to this section.
(2)A notice to a parent or guardian of all the procedural safeguards under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the rights and procedures contained in this chapter, shall include the right to obtain school records pursuant to this section within five business days after the request is made.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, parents or guardians, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, parents or guardians, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)(1)The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent, parent or guardian, either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with subdivision (a) of Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(2)Before any meeting regarding an individualized education program, a public agency shall provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, to the pupils parent at least five schooldays before the meeting, offer to provide to the parent or guardian copies of any available, completed school records related to the pupils current levels of performance, and any available, completed assessment reports, if those records and reports are related to that meeting. If the parent or guardian requests those copies, the public agency shall make them available to the pupils parent or guardian at least five business days prior to the meeting, in accordance with subdivision (b) of Section 56504.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
SEC. 2.Section 56504 of the Education Code is amended to read:56504.(a)(1)The parent or guardian shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing.
(2)(A)The parent or guardian shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records.
(B)If a school record includes information on more than one pupil, the parents or guardians of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information.
(C)A public agency shall provide a parent, parent or guardian, on request of the parent, parent or guardian a list of the types and locations of school records collected, maintained, or used by the agency.
(3)A public agency may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent or guardian from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.
(b)(1)Before any meeting regarding an individualized education program, a public agency shall provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, offer to provide to the parent or guardian copies of any available, completed school records related to the students current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. If the parent or guardian requests any of those copies, the public agency shall provide them to the pupils parent or guardian at least five schooldays business days before the meeting.
(2)A public agency shall not charge a parent for the cost to provide copies pursuant to paragraph (1).
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLine 2.The primary timelines affecting special education programs are as follows:
(a)A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupils regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321.
(b)A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321.
(c)Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344.
(d)The individualized education program team shall review the pupils individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1.
(e)A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. In the case of an individual with exceptional needs who is 16 years of age or younger, if appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5.
(f)(1)An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344.
(2)A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(g)(1)Beginning not later than the first individualized education program to be in effect when the pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345.
(2)The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the districts prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345.
(3)Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupils rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations.
(h)Beginning at the age of 16 years or younger, and annually thereafter, a statement of needed transition services shall be included in the pupils individualized education program, pursuant to Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code.
(i)A pupils individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344.
(j)An individualized education program team shall meet at least annually to review a pupils progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupils individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380.
(k)A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code.
(l)A meeting of an individualized education program team requested by a parent or guardian to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupils regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parents or guardians written request, pursuant to Section 56343.5.
(m)If an individual with exceptional needs transfers from district to district within the state, the following are applicable pursuant to Section 56325:
(1)If the child has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which he or she was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325.
(2)If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which he or she was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325.
(3)If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents or guardians, parents, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325.
(4)In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupils records, as specified, pursuant to subdivision (b) of Section 56325.
(n)(1)The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, parent, either orally or in writing, and before any meeting regarding an individualized education program of his or her child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with subdivision (a) of Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27.
(2)Before any meeting regarding an individualized education program, a public agency shall provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, to the pupils parent at least five schooldays before the meeting, in accordance with subdivision (b) of Section 56504.
(o)Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupils special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations.
(p)The department shall do all of the following:
(1)Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint.
(2)Give the complainant the opportunity to submit additional information about the allegations in the complaint.
(3)Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(4)Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations.
(q)A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3.
(r)Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505.
(s)The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502.
(t)If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507.
(u)Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505.
(v)Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505.
(w)An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505.
(x)A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations.
SEC. 2.Section 56504 of the Education Code is amended to read:56504.(a)(1)The parent shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing. The
(2)(A)The parent shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records. If
(B)If a school record includes information on more than one pupil, the parents of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information. A
(C)A public agency shall provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency. A
(3)A public agency may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost.
(b)(1)Before any meeting regarding an individualized education program, a public agency shall provide copies of all school records regarding the provision of special education and related services to the pupil relating to that meeting, including the individualized education program, to the pupils parent at least five schooldays before the meeting.
(2)A public agency shall not charge a parent for the cost to provide copies pursuant to paragraph (1).
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 54444.4 of the Education Code is amended to read:54444.4.(a)The responsibilities of parent advisory councils at the district, regional, and state levels shall include, but are not limited to, all of the following:(1)The establishment of migrant education program goals, objectives, and priorities.(2)The review of annual needs and year-end assessment, as well as program activities, for each school, and a review of individualized educational plans.(3)Advice on the selection, development, and reassignment of migrant education program staff.(4)Active involvement in the planning and negotiation of program applications and service agreements required under Section 54444.1.(5)All other responsibilities required under state and federal laws or regulations.(b)The responsibilities of the school districts or other agencies operating programs for migrant pupils include, but are not limited to, all of the following:(1)Providing services in compliance with applicable state and federal laws or regulations.(2)Providing information to parents.(3)Providing support to instructional staff.(c)The responsibilities of the region include, but are not limited to, the following:(1)Providing funding to operating agencies within its jurisdiction in accordance with service agreements.(2)Providing technical assistance to operating agencies operating under service agreements.(3)Providing interagency coordination to improve the services available to participating pupils.(4)Providing training for the parents and members of district, regional, and school parent advisory councils.(5)Providing or arranging for staff development services for migrant education staff at the school and district levels.(6)Providing direct services required pursuant to a service agreement entered into by the region.(d)The responsibilities of the state board and the department shall be as set forth in the state master plan for services to migrant children developed pursuant to Section 54442.(a)The responsibilities of parent advisory councils at the district, regional, and state levels shall include, but are not limited to, all of the following:
(1)The establishment of migrant education program goals, objectives, and priorities.
(2)The review of annual needs and year-end assessment, as well as program activities, for each school, and a review of individualized educational plans.
(3)Advice on the selection, development, and reassignment of migrant education program staff.
(4)Active involvement in the planning and negotiation of program applications and service agreements required under Section 54444.1.
(5)All other responsibilities required under state and federal laws or regulations.
(b)The responsibilities of the school districts or other agencies operating programs for migrant pupils include, but are not limited to, all of the following:
(1)Providing services in compliance with applicable state and federal laws or regulations.
(2)Providing information to parents.
(3)Providing support to instructional staff.
(c)The responsibilities of the region include, but are not limited to, the following:
(1)Providing funding to operating agencies within its jurisdiction in accordance with service agreements.
(2)Providing technical assistance to operating agencies operating under service agreements.
(3)Providing interagency coordination to improve the services available to participating pupils.
(4)Providing training for the parents and members of district, regional, and school parent advisory councils.
(5)Providing or arranging for staff development services for migrant education staff at the school and district levels.
(6)Providing direct services required pursuant to a service agreement entered into by the region.
(d)The responsibilities of the State Board of Education state board and the department shall be as set forth in the State Master Plan for Migrant Education state master plan for services to migrant children developed under pursuant to Section 54442.
|
Date
|
Status
|
|---|---|
| Jan 12, 2018 | Stricken from file. |
| Jan 3, 2018 | Consideration of Governor's veto pending. |
| Oct 15, 2017 | Vetoed by Governor. |
| Sep 19, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 7, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. |
| Sep 7, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Jul 10, 2017 | In committee: Referred to APPR. suspense file. |
| Jun 21, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 20, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14). |
| May 24, 2017 | Referred to Com. on ED. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1484.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | Coauthors revised. |
| Apr 19, 2017 | Re-referred to Com. on APPR. |
| Apr 18, 2017 | Read second time and amended. |
| Apr 17, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 5). |
| Mar 29, 2017 | Re-referred to Com. on ED. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on ED. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2017 | AB 1264 GARCIA, E. Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 7, 2017 | Assembly 3rd Reading AB1264 Eduardo Garcia et al. By Wilk | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 14, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 11, 2017 | AB 1264 GARCIA, E. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 5, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Angel View Outreach | ** Support | Apr 3, 2017 |
| arc imperial valley | ** Support | Sep 4, 2017 |
| Autism Society of California | ** Support | Sep 4, 2017 |
| autism society of santa barbara | ** Support | Sep 4, 2017 |
| Autism Society-Kern Autism Network | ** Support | Sep 4, 2017 |
| California Immigrant Policy Center | ** Support | Sep 4, 2017 |
| California State PTA | ** Support | Sep 4, 2017 |
| Center for Autism and Related Disorders | ** Support | Sep 4, 2017 |
| Coachella Valley Autism Society of America | ** Support | Sep 4, 2017 |
| Easy Speech Pathology, Inc. | ** Support | Sep 4, 2017 |
| Los Angeles Unified School District | * Against | Apr 5, 2017 |
| LULAC of the Desert | ** Support | Apr 3, 2017 |
| SELPA Administrators of California | ** Against | Apr 3, 2017 |
| Special Education Local Plan Administrator Association | * Against Unless Amend | Apr 5, 2017 |
GOVERNOR'S VETO
GV Bill Id:AB 1264
Author:(Eduardo Garcia)
As Enrolled Ver:September 13, 2017
2/3 vote
ASSEMBLY: | 77-0 | (May 11, 2017) | SENATE: | 39-0 | (September 7, 2017) |
ASSEMBLY: | 78-0 | (September 11, 2017) |
Original Committee Reference: ED.
SUMMARY: Requires that a parent be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
The Senate amendments require that a notice to a parent of an IEP team meeting include notice of the right to obtain copies of the specified school records within five business days after the request is made.
FISCAL EFFECT: According to the Senate Appropriations Committee, unknown costs to Local Education Agencies, potentially in the low hundreds of thousands of dollars per year, for increased copying costs of student files. While school districts are already required to provide this information upon request, the bill's requirement to proactively offer copies of student files to parents will likely drive an increase in the number of such requests.
COMMENTS:
How are parents informed of their right to request documents? How are parents informed of their rights in special education, including the right to be provided with copies of documents to be discussed at an IEP meeting?
State and federal law requires that parents be provided with a document known as a Notice of Procedural Safeguards. This document explains all of the rights afforded to students and parents under the Individuals with Disabilities Education Act and state law, including the right to be provided with copies of documents to be discussed at an IEP meeting, upon their request. The California Department of Education (CDE) provides a model Notice of Procedural Safeguards on their website, which districts may use. CDE posts this document translated into five languages.
According to CDE, schools must provide this notice at specified times:
- When the parent asks for a copy
- The first time a child is referred for a special education assessment
- Each time the parent is given an assessment plan to evaluate his or her child
- Upon receipt of the first state or due process complaint in a school year
- When the decision is made to make a removal that constitutes a change of placement
Parents may also learn about their rights by consulting with one of the Family Empowerment Centers on Disability (FECs) established by state law to help parents navigate the special education process through peer support. The FEC statute requires a center in each of the 32 regions of the state established under the Early Start Family Resource Centers. There are currently fourteen such centers. Additionally, there are two types of federally-funded parent resources: Parent Training Information Centers and California Community Parent Resource Centers.
Statewide Task Force on Special Education report. In 2015 the California Statewide Task Force on Special Education, comprised of the State Board of Education, the California Department of Education, and the California Commission on Teacher Credentialing published a report titled "One System: Reforming Education to Serve ALL Students." This report made numerous recommendations in the areas of evidence-based school and classroom practices, accountability, assessment, special education finance, educator preparation, early education, and family and student engagement. With respect to the informed participation of parents in special education, the report recommended increasing the number of Family Empowerment Centers, increasing the funding provided to the centers, and establishing data-collection systems to monitor the work of the centers.
This bill would require that a parent be offered copies of relevant school records and assessment reports at least five business days before a meeting regarding a student's Individualized Education Program under special education laws.
This bill is unnecessary. The Notice of Procedural Safeguards, which is required under the Individuals with Disabilities Act, highlights parents' rights to request copies of relevant school records and reports and receive them within five business days of the request.
This document is provided to parents the first time their child is referred for a special education assessment, when they ask for a copy, each time they are given an assessment plan to evaluate their child, upon receipt of their first state or due process complaint in a school year, and when the decision is made to make a removal that constitutes a change of placement.
As a result, parents who wish to review these records and reports before an Individualized Education Program meeting can already do so.
For this reason, I am returning AB 1264 without my signature.
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002491
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1264
Author:(Eduardo Garcia)
As Amended Ver:September 1, 2017
Majority vote
ASSEMBLY: | (77-0) | (May 11, 2017) | SENATE: | 39-0 | (September 7, 2017) |
Original Committee Reference: ED.
SUMMARY: Requires that a parent be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
The Senate amendments require that a notice to a parent of an IEP team meeting include notice of the right to obtain copies of the specified school records within five business days after the request is made.
FISCAL EFFECT: According to the Senate Appropriations Committee, unknown costs to LEAs, potentially in the low hundreds of thousands of dollars per year, for increased copying costs of student files. While school districts are already required to provide this information upon request, the bill's requirement to proactively offer copies of student files to parents will likely drive an increase in the number of such requests.
COMMENTS:
How are parents informed of their right to request documents? How are parents informed of their rights in special education, including the right to be provided with copies of documents to be discussed at an IEP meeting?
State and federal law requires that parents be provided with a document known as a Notice of Procedural Safeguards. This document explains all of the rights afforded to students and parents under IDEA and state law, including the right to be provided with copies of documents to be discussed at an IEP meeting, upon their request. The CDE provides a model Notice of Procedural Safeguards on their website, which districts may use. CDE posts this document translated into five languages.
According to CDE, schools must provide this notice at specified times:
- When the parent asks for a copy
- The first time a child is referred for a special education assessment
- Each time the parent is given an assessment plan to evaluate his or her child
- Upon receipt of the first state or due process complaint in a school year
- When the decision is made to make a removal that constitutes a change of placement
Parents may also learn about their rights by consulting with one of the Family Empowerment Centers on Disability (FECs) established by state law to help parents navigate the special education process through peer support. The FEC statute requires a center in each of the 32 regions of the state established under the Early Start Family Resource Centers. There are currently fourteen such centers. Additionally, there are two types of federally-funded parent resources: Parent Training Information Centers and California Community Parent Resource Centers.
Statewide Task Force on Special Education report. In 2015 the California Statewide Task Force on Special Education, comprised of the State Board of Education, the California Department of Education, and the California Commission on Teacher Credentialing published a report titled "One System: Reforming Education to Serve ALL Students." This report made numerous recommendations in the areas of evidence-based school and classroom practices, accountability, assessment, special education finance, educator preparation, early education, and family and student engagement. With respect to the informed participation of parents in special education, the report recommended increasing the number of Family Empowerment Centers, increasing the funding provided to the centers, and establishing data-collection systems to monitor the work of the centers.
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0001793
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1264
:
SENATE EDUCATION COMMITTEE: 7-0, 6/14/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
SOURCE: Coachella Valley Autism Society of America
DIGEST:
This bill requires that a parent be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
Existing law, relative to special education:
- Provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive complete copies within five business days after a request is made by the parent or guardian and before any meeting regarding an IEP or any hearing or resolution session. (Education Code § 56043)
- Provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive copies within five business days after a request is made by the parent or guardian. Existing law requires the public agency to comply with a request for school records without unnecessary delay before any meeting regarding an IEP or any hearing or resolution session.(EC § 56504)
- Requires local educational agencies (LEAs) to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian. (EC § 56341.5)
- Provides that the parent has the right to a response from the public agency to reasonable requests for explanations and interpretations of student records.
(EC § 56504) - Prohibits a public agency from charging more than the actual cost of reproducing the student records, but requires that the copies be reproduced at no cost if this cost effectively prevents the parent from exercising the right to receive the copy or copies. (EC § 56504)
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (EC § 56341.5)
- Requires that parents be provided with a Notice of Procedural Safeguards (explanation of parents and students rights specific to special education) at specified times. (EC § 56301 and § 56500.1; United States Code, Title 20 § 1415(d)(1)(A); Code of Federal Regulations, Title 34, § 300.50(a))
This bill:
- Requires a public agency, before any meeting regarding an IEP, to offer to provide to the parent copies of any available, completed school records related to the student’s current levels of performance, and any available, completed assessment reports if those records and reports are related to that meeting.
- Requires the public agency, if the parent requests the records and reports, to make the records and reports available to the parent at least five business days prior to the IEP team meeting.
- Requires the notice to a parent of an IEP team meeting to include notice of
the right to obtain copies of school records within five business days after the request is made.
Background
Practical effect. Existing law provides parents with the right to request copies of student records, get copies within five business days of the request and before any meeting regarding an IEP or any hearing or resolution session, and requires parents to be notified of this right. Existing law requires that parents be provided with a document known as a Notice of Procedural Safeguards. This document explains all of the rights afforded to students and parents under the federal Individuals with Disabilities Education Act and state law, including the right to be provided with copies of documents to be discussed at an IEP meeting, upon request of the parent. Existing law requires parents to be given a copy of the Procedural Safeguards once each school year, as well as when the following occur:
- Upon initial referral or request for assessment.
- At each IEP team meeting
- Upon receipt of the first complaint from the parent in a school year.
- Upon receipt of the first due process hearing request in a school year.
- When a decision is made to make a change of placement because of a violation of a code of student conduct.
- Upon request by a parent.
This bill essentially requires LEAs to offer to provide records copies of relevant school records and assessment reports at least five business days prior to an IEP team meeting, rather than relying upon the parent to request the records.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill imposes unknown costs to LEAs, potentially in the low hundreds of thousands of dollars per year, for increased copying costs of student files. While school districts are already required to provide this information upon request, the bill’s requirement to proactively offer copies of student files to parents will likely drive an increase in the number of such requests.
Coachella Valley Autism Society of America (source)
ARC Imperial Valley
Autism Society-Kern Autism Network
Autism Society of California
Autism Society of Santa Barbara
California Immigrant Policy Center
California State PTA
Center for Autism and Related Disorders
Easy Speech Pathology, Inc.
None received
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
9/4/17 12:40:49
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1264 (Eduardo Garcia) - Special education pupils: individualized education program: meetings: school records
Version: June 21, 2017 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: September 1, 2017 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill requires that a parent or guardian be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2017
Fiscal Impact:
Unknown costs to local educational agencies (LEAs), potentially in the low hundreds of thousands of dollars per year, for increased copying costs of student files. While school districts are already required to provide this information upon request, the bill’s requirement to proactively offer copies of student files to parents will likely drive an increase in the number of such requests.
Author Amendments:
Delete the requirement that the parent notification regarding the student’s next IEP team meeting include a checkbox for the parent to request a copy of student records.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1264 (Eduardo Garcia) - Special education pupils: individualized education program: meetings: school records
Version: June 21, 2017 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: July 10, 2017 | Consultant: Lenin Del Castillo |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires that a parent or guardian be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
Fiscal Impact:
Unknown costs to local educational agencies (LEAs), likely in the hundreds of thousands of dollars per year, for increased copying costs of student files. While school districts are already required to provide this information upon request, the bill’s requirement to proactively offer copies of student files to parents will likely drive a significant increase in the number of such requests (see Staff Comments).
Background:
Existing law provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive complete copies within five business days after a request is made by the parent or guardian and before any meeting regarding an IEP or any hearing or resolution session. It also provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive copies within five business days after a request is made by the parent or guardian. Existing law requires the public agency to comply with a request for school records without unnecessary delay before any meeting regarding an IEP or any hearing or resolution session. Further, existing law requires local educational agencies (LEAs) to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian.
Proposed Law:
This bill requires a public agency, before any meeting regarding an IEP, to offer to provide to the parent or guardian copies of any available, completed school records related to the student’s current levels of performance, and any available, completed assessment reports if those records and reports are related to that meeting. Further, this bill requires the public agency, if the parent requests the records and reports, to make the records and reports available to the parent or guardian at least five business days prior to the IEP team meeting. This bill also requires the notification to parents of the scheduling of the next IEP team meeting to include a checkbox for the parent to request a copy of the student records referenced in this measure, and provides that any verbal notification to specifically ask the parent if they would like to request those student records. Finally, this bill requires the Notice of Procedural Safeguards to clarify that the right to request student records includes the right to obtain those records within five business days of the request.
Related Legislation:
SB 354 (Portantino) requires an LEA to communicate in the native language of a parent during the planning process for an IEP, and requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 45 days of the IEP team meeting. SB 354 is pending in the Assembly Education Committee.
AB 2091 (Lopez, 2016) required LEAs to provide parents with a translated copy of an IEP and other specified documents within 60 days of the IEP team meeting upon request by the parent and requires that the IEP and related documents be translated by a qualified translator. AB 2091 was held in the Senate Appropriations Committee.
Staff Comments:
The measure’s requirement that schools proactively offer copies of student files to parents, rather than simply providing such copies when upon request, could result in an increase in local costs to school districts. However, LEAs are already required to provide this information to parents so it is unlikely that the Commission on State Mandates would determine this to be a reimbursable mandate.
Assuming that an average copying cost of $10 per IEP meeting and that the bill increases the number of requests to up to 20 percent of affected parents, it would drive new costs in the hundreds of thousands of dollars per year for LEAs. These costs could be higher if more parents requested copies whether the request intentional or accidental (a reasonable possibility due to the addition of a checkbox) or if the copying costs exceed $10 per IEP meeting.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 14, 2017
Author: | Eduardo Garcia | ||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill requires that a parent or guardian be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP).
BACKGROUND
Existing law, relative to special education:
- Provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive complete copies within five business days after a request is made by the parent or guardian and before any meeting regarding an IEP or any hearing or resolution session. (Education Code § 56043)
- Provides that the parent or guardian has the right and opportunity to examine all school records of the student and to receive copies within five business days after a request is made by the parent or guardian. Existing law requires the public agency to comply with a request for school records without unnecessary delay before any meeting regarding an IEP or any hearing or resolution session.(EC § 56504)
- Requires local educational agencies (LEAs) to give the parent or guardian a copy of the IEP, at no cost to the parent or guardian. (EC § 56341.5)
- Provides that the parent has the right to a response from the public agency to reasonable requests for explanations and interpretations of student records.
(EC § 56504) - Prohibits a public agency from charging more than the actual cost of reproducing the student records, but requires that the copies be reproduced at no cost if this cost effectively prevents the parent from exercising the right to receive the copy or copies. (EC § 56504)
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (EC § 56341.5)
- Requires that parents be provided with a Notice of Procedural Safeguards (explanation of parents and students rights specific to special education) at specified times. (EC § 56301 and § 56500.1; United States Code, Title 20 § 1415(d)(1)(A); Code of Federal Regulations, Title 34, § 300.50(a))
ANALYSIS
This bill requires that a parent or guardian be offered copies of relevant school records and assessment reports at least five business days prior to a meeting regarding an individualized education program (IEP). Specifically, this bill:
- Requires a public agency, before any meeting regarding an IEP, to offer to provide to the parent or guardian copies of any available, completed school records related to the student’s current levels of performance, and any available, completed assessment reports if those records and reports are related to that meeting.
- Requires the public agency, if the parent requests the records and reports, to make the records and reports available to the parent or guardian at least five business days prior to the IEP team meeting
- Prohibits a public agency from charging a parent for the cost to provide copies of these records and reports.
STAFF COMMENTS
- Need for the bill. According to the author, “Most parents are not aware that they can make a request to view these important educational documents before an IEP meeting. If parents were automatically provided with all this information 5 days prior to an IEP meeting, it would allow them to become familiar with any documentation that will be a part of the IEP meeting, as well as prepare their questions in advance of the IEP meeting. Implementing this change will also encourage further transparency from the school district to the parent/guardian, as well as ensure that everyone attending the IEP has the same information at relatively the same time. This makes the IEP process, especially for parents/guardians, more equitable for all IEP meeting attendees, rather than allowing the school district to be the only party to have this information in advance.”
- Practical effect. Existing law provides parents with the right to request copies of student records, get copies within five business days of the request and before any meeting regarding an IEP or any hearing or resolution session, and requires parents to be notified of this right. Existing law requires that parents be provided with a document known as a Notice of Procedural Safeguards. This document explains all of the rights afforded to students and parents under the federal Individuals with Disabilities Education Act (IDEA) and state law, including the right to be provided with copies of documents to be discussed at an IEP meeting, upon request of the parent. Existing law requires parents to be given a copy of the Procedural Safeguards once each school year, as well as when the following occur:
- Upon initial referral or request for assessment.
- At each individualized education program (IEP) team meeting
- Upon receipt of the first complaint from the parent in a school year.
- Upon receipt of the first due process hearing request in a school year.
- When a decision is made to make a change of placement because of a violation of a code of student conduct.
- Upon request by a parent.
- Upon initial referral or request for assessment.
This bill essentially requires local educational agencies (LEAs) to offer to provide records copies of relevant school records and assessment reports at least five business days prior to an IEP team meeting, rather than relying upon the parent to request the records.
- Author’s amendments to expand notification. Existing state law requires a LEA, when convening an IEP team meeting, to inform the parent of the Procedural Safeguards, which include the right to obtain student records. Existing law requires parents to be provided the Notice of Procedural Safeguards at the time the IEP team meeting is occurring but not necessarily before the IEP team meeting takes place. The author wishes to amend this bill to require the notification to parents of the scheduling of the next IEP team meeting to include a checkbox for the parent to request a copy of the student records referenced in this bill, and to require any verbal notification to specifically ask the parent if they would like to request those student records. This should ensure that parents are aware, before the IEP team meeting occurs, of their right to request and obtain student records. In addition, the author wishes to amend this bill to require the Notice of Procedural Safeguards to clarify that the right to request student records includes the right to obtain those records within five business days of the request.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill, in its current form, would impose:
- Minor and absorbable cost to LEAs. LEAs are already authorized to provide this information; the key difference is that they must now offer to provide the documents.
- Potential reimbursable cost should the Commission on State Mandates determine this is a reimbursable cost. However, since LEAs are allowed to charge for the actual cost of producing the materials, it is unlikely to result in a significant reimbursable mandated cost.
- To charge, or not to charge? Existing law prohibits a public agency from charging more than the actual cost of reproducing the student records but requires that the copies be reproduced at no cost if this cost effectively prevents the parent from exercising the right to receive the copy or copies. This bill prohibits a public agency from charging a parent for the cost to provide copies of student records. Staff recommends an amendment to apply existing law to this bill (authorize public agencies to charge for actual costs but prohibit any charge if the cost is prohibitive for parents).
- Related legislation. SB 354 (Portantino) requires a local educational agency (LEA) to communicate in the native language of a parent during the planning process for an individualized education program (IEP), and requires a LEA to provide a student’s parent with a copy of the completed IEP other related documents in the native language of the parent within 45 days of the IEP team meeting. SB 354 is pending referral in the Assembly.
- Prior legislation. AB 2091 (Lopez, 2016) required LEAs to provide parents with a translated copy of an IEP and other specified documents within 60 days of the IEP team meeting upon request by the parent and requires that the IEP and related documents be translated by a qualified translator. AB 2091 was held in the Senate Appropriations Committee.
SUPPORT
Coachella Valley Autism Society of America (sponsor)
ARC Imperial Valley
Autism Society – Kern Autism Network
Autism Society of California
Autism Society of Santa Barbara
California Immigrant Policy Center
California State PTA
Center for Autism and Related Disorders
Easy Speech Pathology, Inc.
OPPOSITION
None received
-- END --
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1264
Author:(Eduardo Garcia) – As Amended Ver:April 18, 2017
Policy Committee: | Education | Vote: | 6 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires that parents be offered copies of any available completed school records related to the pupil’s current levels of performance, and any assessment reports, prior to a meeting regarding a student’s individualized education program (IEP). Specifically, this bill:
- Requires, before any meeting regarding an IEP, a public agency offer to provide the parent or guardian copies of any available, completed school records related to the pupil’s current levels of performance, and any available, completed assessment reports, if those records and reports are related to that meeting. If the parent or guardian requests those copies, the public agency will make them available to the pupil’s parent or guardian at least five business days prior to any meeting regarding an IEP
- Allows for a public agency to charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent or guardian from exercising the right to receive the copy or copies, the copy or copies must be reproduced at no cost.
FISCAL EFFECT:
- Minor and absorbable cost to local educational agencies (LEA’s). LEA’s are already authorized to provide this information; the key difference is that they must now offer to provide the documents.
- Potential reimbursable cost should the Commission on State Mandates determine this is a reimbursable cost. However, since LEA’s are allowed to charge for the actual cost of producing the materials, it is unlikely to result in a significant reimbursable mandated cost.
COMMENTS:
- Background. Existing law establishes the right of the parent or guardian of a student to examine all school records of the student and to receive complete copies within five business days after a request is made by the parent or guardian, either orally or in writing, and before any meeting regarding an IEP or any hearing or resolution. Public agencies are required to comply with a request for school records without unnecessary delay before any meeting regarding an IEP or any hearing, in no case more than five business days after the request is made orally or in writing. State law also established a parent’s right to a response from the public agency to reasonable requests for explanations and interpretations of the records, and prohibits a public agency from charging more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, requires that the copies be reproduced at no cost.
- Purpose. According to the author, “AB 1264 would encourage school districts to automatically provide parents/guardians with copies of assessments and other educational records (i.e. draft copy of the proposed IEP, student work samples, data collections, etc.) five school days prior to the date of the scheduled IEP meeting…Most parents are not aware that they can make a request to view these important educational documents before an IEP meeting. If parents were automatically provided with all this information 5 days prior to an IEP meeting, it would allow them to become familiar with any documentation that will be a part of the IEP meeting, as well as prepare their questions in advance of the IEP meeting. Implementing this change will also encourage further transparency from the school district to the parent/guardian, as well as ensure that everyone attending the IEP meeting has the same information at relatively the same time. This makes the IEP process, especially for parents/guardians, more equitable for all IEP meeting attendees, rather than allowing the school district to be the only party to have this information in advance.”
- Related Legislation. SB 354 (Portantino), of this Legislative Session, requires an LEA to provide a student’s parent with a copy of the student’s completed IEP and any revisions to the IEP in the native language of the parent within 30 days of the IEP team meeting, if requested by the pupil’s parent, or within 30 days of a later request by the pupil’s parent.
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1264 (
Author:Eduardo Garcia) – As Amended Ver:March 28, 2017
SUBJECT: Special education pupils: individualized education program: meetings: school records
SUMMARY: Requires that parents be given copies of all school records regarding the provision of special education and related services prior to a meeting regarding a student’s individualized education program (IEP). Specifically, this bill:
- Requires that, before any meeting regarding an IEP, public agencies provide copies of all school records regarding the provision of special education and related services to the student relating to that meeting, including the IEP, to the student’s parent at least five schooldays before the meeting.
- Requires that those documents be provided to the parent at no charge.
- Strikes guardians from various requirements related to special education.
EXISTING LAW:
- Establishes the right of the parent or guardian of a student to examine all school records of the student and to receive complete copies within five business days after a request is made by the parent or guardian, either orally or in writing, and before any meeting regarding an IEP or any hearing or resolution. (EC 56043)
- Requires, in a separate section (EC 56504), that parents have the right and opportunity to examine all school records of their children and to receive copies within five business days after the request is made by the parent, either orally or in writing.
- Requires public agencies to comply with a request for school records without unnecessary delay before any meeting regarding an IEP or any hearing, in no case more than five business days after the request is made orally or in writing.
- Requires that parents have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records.
- Requires a public agency to provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency.
- Prohibits a public agency from charging more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, requires that the copies be reproduced at no cost.
- Requires LEAs to take any action necessary to ensure that, in an IEP team meeting, the parent or guardian understands the proceeding, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (EC 56341.5)
- Requires that parents be provided with a Notice of Procedural Safeguards at specified times. (EC 56321)
- Establishes Family Empowerment Centers on Disability to provide families with children with disabilities with accurate information, specialized training, and peer-to-peer support regarding special education. (EC 56504)
FISCAL EFFECT: This bill has been keyed a state mandated local program by the Office of Legislative Counsel.
COMMENTS:
Need for the bill. According to the author, “AB 1264 would require school districts to automatically provide parents/guardians with copies of assessments and other educational records (i.e. draft copy of the proposed IEP, student work samples, data collections, etc.) five school days prior to the date of the scheduled IEP meeting.
School districts are required by federal and state law to provide copies of assessments and other educational records before the IEP meeting, but parents/guardians need to submit a written request first.
Most parents are not aware that they can make a request to view these important educational documents before an IEP meeting. If parents were automatically provided with all this information 5 days prior to an IEP meeting, it would allow them to become familiar with any documentation that will be a part of the IEP meeting, as well as prepare their questions in advance of the IEP meeting. Implementing this change will also encourage further transparency from the school district to the parent/guardian, as well as ensure that everyone attending the IEP meeting has the same information at relatively the same time. This makes the IEP process, especially for parents/guardians, more equitable for all IEP meeting attendees, rather than allowing the school district to be the only party to have this information in advance.”
How are parents informed of their right to request documents? How are parents informed of their rights in special education, including the right to be provided with copies of documents to be discussed at an IEP meeting?
State and federal law requires that parents be provided with a document known as a Notice of Procedural Safeguards. This document explains all of the rights afforded to students and parents under IDEA and state law, including the right to be provided with copies of documents to be discussed at an IEP meeting, upon their request. The CDE provides a model Notice of Procedural Safeguards on their website, which districts may use. CDE posts this document translated into five languages.
According to CDE, schools must provide this notice at specified times:
- When the parent asks for a copy
- The first time a child is referred for a special education assessment
- Each time the parent is given an assessment plan to evaluate his or her child
- Upon receipt of the first state or due process complaint in a school year
- When the decision is made to make a removal that constitutes a change of placement
Parents may also learn about their rights by consulting with one of the Family Empowerment Centers on Disability (FECs) established by state law to help parents navigate the special education process through peer support. The FEC statute requires a center in each of the 32 regions of the state established under the Early Start Family Resource Centers. There are currently fourteen such centers. Additionally, there are two types of federally-funded parent resources: Parent Training Information Centers and California Community Parent Resource Centers.
Statewide Task Force on Special Education report. In 2015 the California Statewide Task Force on Special Education, comprised of the State Board of Education, the California Department of Education, and the California Commission on Teacher Credentialing published a report titled “One System: Reforming Education to Serve ALL Students.” This report made numerous recommendations in the areas of evidence-based school and classroom practices, accountability, assessment, special education finance, educator preparation, early education, and family and student engagement. The report recommended increasing the number of Family Empowerment Centers, increasing the funding provided to the centers, and establishing data-collection systems to monitor the work of the centers.
Arguments in support. The Coachella Valley Autism Society of America writes, “AB 1264 gives parents/guardians the opportunity to review all documentation pertaining to their child’s education in advance of the IEP meeting, rather than having to do this during the IEP meeting.
This allows the parent/guardian to become familiar with any documentation that will be a part of the IEP meeting, as well as prepare their questions in advance of the IEP meeting. Implementing this change will also encourage further transparency from the school district to the parent/guardian, as well as ensuring that everyone attending the IEP meeting has the same information at relatively the same time. This makes the IEP process, especially for parents/guardians, more equitable for all IEP meeting attendees, rather than allowing the school district to be the only party to have this information in advance.”
Arguments in opposition. The Special Education Local Plan Area (SELPA) Administrators of California writes: “There are multiple reasons why current law provides access to these records upon request rather than automatically. First, it is important that the range of special education and educationally-related services a student may receive pursuant to an IEP are not pre-determined in advance of the IEP meeting itself. The objective of an IEP meeting is to make decisions in consultation with parents. Providing copies of all documents related to the IEP meeting that are prepared – for example, drafts that still await the input of the parent – could be construed as the local educational agency (LEA) making unilateral decisions about services prior to the IEP meeting. Second, allowing parents to receive documents upon request ensures that they are receiving the documents that are actually helpful to them, such as assessment reports, rather than any and all school records, which could mean the entire cumulative folder.
Lastly, this bill represents an unfunded mandate that would place new burdens on LEAs. With a shortage of special education providers in all areas of the state, LEAs often work on completion of final documents up until the day of the IEP meeting and have a bare minimum of staff to comply with various existing timelines ranging from 10-60 days. A requirement to provide IEP-related documents 5 days early would subject LEAs to even stricter and faster turnaround times for items such as Manifestation Determination IEPs (10-day timeline currently), Interim Placements (30-day timeline currently), and initial and three-year evaluations (60-day timeline currently).”
Recommended amendments. Staff recommends the following amendments to this bill:
- This bill deletes the rights of guardians to participate in various parts of the special education process. The author indicates that this was unintentional. Staff recommends that the bill be amended to return those references to current law.
- To address concerns expressed by the opposition to this bill, staff recommends that the bill be amended to require that parents and guardians be offered the documents, and if the parent responds in the affirmative, the documents be provided within five business days (instead of school days) before the IEP meeting.
- Staff recommends that the types of documents be narrowed to 1) available, completed school records related to present levels of performance, and 2) available, completed assessment reports, which are related to the meeting. The Committee may wish to consider that state and federal law would still provide a right of parents and guardians to request all school records related to an IEP meeting and due process hearings, and would still require that parents and guardians be provided documents no later than five business days after the request is made.
Related and prior legislation. SB 354 (Portantino) of this Session would require an LEA to provide a student’s parent with a copy of the student’s completed IEP and any revisions to the IEP in the native language of the parent within 30 days of the IEP team meeting, if requested by the pupil’s parent, or within 30 days of a later request by the pupil’s parent.
AB 2091 of the 2015-16 Session would have required LEAs to provide parents with a translated copy of an IEP and other specified documents, upon request, and requires that the IEP and related documents be translated by a qualified translator. This bill was held in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Coachella Valley Autism Society of America (sponsor)
Angel View Outreach
ARC – Imperial Valley
Autism Society – Kern Autism Network
Easy Speech Pathology, Inc.
LULAC of the Desert
Opposition
SELPA Administrators of California
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Bill Author
