AB 1264: Special education pupils: individualized education program: meetings: school records.

(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.