Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

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 authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.

This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.

Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

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 authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.

This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.

Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

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 authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.

This bill would extend the authorization of audio recordings of individualized education program team meetings by similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils with an adopted plan held pursuant to Section 504 of the federal Rehabilitation Act of 1973. 1973, as provided.

Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

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 authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.

This bill would extend the authorization of audio recordings of individualized education program team meetings by a parent, guardian, or local educational agency to team meetings for pupils with an adopted plan pursuant to Section 504 of the federal Rehabilitation Act of 1973.

 CONSENT  

Bill No: AB 87

Author: Quirk-Silva (D)

Amended: 3/27/23 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/7/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE JUDICIARY COMMITTEE: 11-0, 6/27/23

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener

ASSEMBLY FLOOR: 65-0, 4/10/23 (Consent) - See last page for vote

SUBJECT: Pupils: Section 504 plans: meetings and team meetings

SOURCE: Disability Rights California

DIGEST:

This bill grants parents, guardians, and local educational agencies (LEAs) the authority to make audio recordings of Section 504 team meetings.

ANALYSIS:

Existing federal law:

1. Establishes the Individuals with Disabilities Education Act (IDEA), in order to ensure that all children with disabilities have a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living, among other purposes. (20 U.S.C. Section 1400)
2. Prohibits, pursuant to the Rehabilitation Act of 1973, an individual with a disability, as defined, from, solely by reason of his or her disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. Section 794)

Existing state law:

1. Establishes a right of parents, guardians, and LEAs to audio record the proceedings of individualized education program (IEP) team meetings. (Education Code (EC) 56341.1)
2. Requires an LEA to notify the members of the IEP team of its intent to audio record a meeting at least 24 hours prior to the meeting. (EC 53641)
3. Prohibits an LEA from recording an IEP team meeting if the parent or guardian objects or refuses to attend the meeting because it will be audio recorded. (EC 53641)
4. Finds and declares that:
5. Under federal law, audio recordings made by an LEA are subject to the federal Family Educational Rights and Privacy Act of 1974 (FERPA) and are subject to the specified federal confidentiality requirements.
6. Parents or guardians have the right, pursuant to federal regulations, to do all of the following:
7. Inspect and review the audio recordings;
8. Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs; and
9. Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (EC 53641.1)
10. Defines LEA for purposes of special education law to mean a school district, a county office of education (COE), a nonprofit charter school participating as a member of a special education local plan area (SELPA) or a SELPA. (EC 56026.3)

This bill grants parents, guardians, and LEAs the authority to make audio recordings of Section 504 team meetings.

Comments

1. Need for the bill. According to the author, “As a teacher for over 30 years, I understand how information provided to parents can be overwhelming. AB 87 provides parity for the right of parents, guardians and local school districts to record 504 planning meetings as is currently allowed in Individual Education Plan (IEP) meetings. The right for parents, guardians, and local school districts to record 504 Plan meetings is important due to the amount of information presented about the student and their needs. As a parent/guardian, it can be challenging to pay attention, take notes, and formulate questions based on what is discussed. This is especially true because parents and guardians may not be familiar with many of the ‘education’ terms 504 team members use during 504 meetings."
2. Section 504 plan overview. Section 504 of the Rehabilitation Act of 1973 safeguards individuals with disabilities in the United States from being excluded, denied benefits, or discriminated against solely due to their disabilities in any federally funded program or activity. This provision specifically applies to public schools.

According to Section 504 regulations, public schools must provide a FAPE to eligible students within their jurisdictions who have a physical or mental impairment that significantly restricts one or more major life activities.

To qualify for protection under Section 504, a student must meet one of the following criteria: 1) possess a physical or mental impairment that substantially limits one or more major life activities, 2) have a documented history of such an impairment, or 3) be perceived as having such an impairment. Major life activities encompass functions like walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Unlike IDEA, students are not required to have specific disabling conditions to be eligible. Some students who don't meet the criteria for an IEP under IDEA may qualify for a 504 plan. The process for developing 504 plans is less specific compared to IEPs in several aspects.

The determination of a student's "substantial limitation" must be made on an individual basis. Section 504 mandates that a group of knowledgeable individuals, sometimes formed as a team, utilize information from various sources to make this determination. Unlike the IDEA, there are no specified requirements for the composition of this group. The team is responsible for developing a 504 plan that outlines the necessary services and/or adjustments to the learning environment to adequately meet the child's needs, similar to those provided to other students

According to the U.S. Department of Education’s (USDOE) Office for Civil Rights, in 2017-18 85, 127 students in California had 504 plans. In the same year, 774,665 California students had IEPs, according to the California Department of Education (CDE).

1. Current law allows for recording IEP team meetings, but does not address Section 504 team meetings. Existing state law grants parents, guardians, and LEAs the right to make audio recordings of IEP team meetings. This law additionally mandates that LEAs notify the IEP team members of their intention to record a meeting at least 24 hours in advance and provides conditions under which a parent or guardian can prevent an LEA from recording a meeting. However, both state and federal regulations do not explicitly address the right of parents, guardians, and LEAs to audio record Section 504 team meetings.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/29/23)

Disability Rights California (source)
California Alliance of Child and Family Services
California Parents Union
California State Council on Development Disabilities

OPPOSITION: (Verified 6/29/23)

None received

ARGUMENTS IN SUPPORT: Disability Rights California writes, “The California Education Code already permits the audio recording of Individual Education Program (IEP) team meetings in this manner. Cal. Educ. Code § 56341.1(g). But it does not extend this important right to 504 plan meetings. As a result, parents and guardians have no recourse when districts deny their requests to audio record their children’s 504 meetings.

“AB 87 will close this arbitrary loophole and grant parents and guardians the right to record 504 meetings. 504 meetings often cover important topics affecting the rights of qualified students with disabilities, for example the provision of healthcare-related accommodations or whether the school district can pursue expulsion or other disciplinary proceedings. The right to record these proceedings will create a record and give them more time to process the complicated information conveyed, review the proposed 504 Plan with family, or even consult an educational advocate.”

ASSEMBLY FLOOR: 65-0, 4/10/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO VOTE RECORDED: Bauer-Kahan, Bryan, Chen, Davies, Dixon, Essayli, Irwin, Mathis, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Sanchez, Valencia, Wilson

Prepared by: Ian Johnson / ED. / (916) 651-4105

6/30/23 13:34:28

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 87 (Author:Quirk-Silva)

Version: March 27, 2023

Hearing Date: June 27, 2023

Fiscal: No

Urgency: No

Consultant: CK

SUBJECT

Pupils: Section 504 plans: meetings and team meetings

DIGEST

This bill grants parents, guardians, and local educational agencies (LEA) the right to audio record the proceedings of Section 504 meetings.

EXECUTIVE SUMMARY

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (Section 504) prohibits an individual with a disability in the United States, as defined, from, solely by reason of their disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. This requirement applies to public schools.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction. FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. Potentially eligible students must be referred to a Section 504 Team to determine eligibility.

This bill authorizes parents, guardians, and local educational agencies the right to audio record the proceedings of Section 504 meetings and team meetings. This is in line with laws governing audio recording of the proceedings of individualized education program team meetings.

This bill is sponsored by Disability Rights California. It is supported by a number of disability rights and other children’s advocacy organizations, as well as the California School Boards Association. There is no known opposition. This bill passed out of the Senate Education Committee on a 7 to 0 vote.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes the Individuals with Disabilities Education Act in order to ensure that all children with disabilities have a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living, among other purposes. (20 U.S.C. § 1400 et seq.)

1. Establishes the Rehabilitation Act of 1973, which prohibits an individual with a disability, as defined, from, solely by reason of their disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. § 794)
2. Establishes a right of parents, guardians, and LEAs to audio record the proceedings of individualized education program (IEP) team meetings. (Educ. Code § 56341.1(g).)
3. Requires a parent, guardian, or LEA to notify the members of the IEP team of its intent to audio record a meeting at least 24 hours prior to the meeting. (Educ. Code § 56341.1(g).)
4. Prohibits an LEA from recording an IEP team meeting if the parent or guardian objects or refuses to attend the meeting because it will be audio recorded. (Educ. Code § 56341.1(g).)
5. States the following findings and declarations:
   1. Under federal law, audio recordings made by an LEA are subject to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) (FERPA), and are subject to the confidentiality requirements of the regulations under Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of Federal Regulations.
   2. Parents or guardians have the right, pursuant to Sections 99.10 to 99.22, inclusive, of Title 34 of the Code of Federal Regulations, to do all of the following:
      1. Inspect and review the audio recordings.
      2. Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs.
      3. Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (Educ. Code § 56341.1(g)(2).)

This bill:

1. Provides a parent or guardian or LEA the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504.
2. Requires the parent or guardian or LEA to notify the other members of the team of their intent to so record the meeting at least 24 hours before the meeting.
3. Prohibits an LEA from recording a meeting if the parent or guardian objects or refuses to attend the meeting because it will be audio recorded.
4. Defines “local educational agency” as a school district, county office of education, charter school, or any other educational entity that is subject to Section 504.

COMMENTS

1. Background on Section 504

The Section 504 regulations require a school district to provide a FAPE to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment.

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance.

Any student believed by a parent or school professional to have an impairment that

substantially limits a major life activity, such as learning, must be evaluated, and is generally to be referred to a Section 504 team to determine eligibility under Section 504. The Section 504 Team must be composed of persons knowledgeable about the student’s individual needs, the student’s school history, the meaning of evaluation data, and placement options. The Section 504 team will consider the referral. After reviewing the student’s school records (including academic, social and behavioral records), identifying the current strategies in place and the student’s needs, the Section 504 team will make a determination as to whether or not additional evaluation is required.

If additional evaluation is needed, it will be conducted pursuant to Section

104.35(b), Title 34 of the Code of Federal Regulations. Students requiring further evaluation will be referred to the appropriate evaluation staff. A decision will then be made regarding eligibility under Section 504.

1. Audio recording Section 504 meetings

This bill grants parents, guardians, and LEAs the right to audio record the proceedings of Section 504 meetings and team meetings. The interested party must simply provide 24-hours notice to the other members of the team. To center the rights of the student and their parents or guardians, LEAs are prohibited from recording the meeting if the parent or guardian objects or refuses to attend the meeting if it is recorded. Given the importance of these meetings and the potentially overwhelming amount of information and technical jargon used, this arguably provides families with an important due process safeguard.

Students with qualifying disabilities are required to be provided an individualized education program (IEP). An IEP team (made up of the parents and qualified professionals) makes the actual determination of eligibility for special education and related services, based upon the assessment reports. The rights provided by this bill are identical to those granted in the IEP context. Current law provides parents, guardians, and LEAs with the right to audio record the proceedings of IEP team meetings. The same notice requirement and restrictions apply.

According to the author:

As a teacher for over 30 years, I understand how information provided to parents can be overwhelming. AB 87 provides parity for the right of parents, guardians and local school districts to record 504 planning meetings as is currently allowed in Individual Education Plan (IEP) meetings. The right for parents, guardians, and local school districts to record 504 Plan meetings is important due to the amount of information presented about the student and their needs. As a parent/guardian, it can be challenging to pay attention, take notes, and formulate questions based on what is discussed. This is especially true because parents and guardians may not be familiar with many of the “education” terms 504 team members use during 504 meetings.

1. Stakeholder positions

Disability Rights California, the sponsor of this bill, writes:

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) is a federal civil rights law that requires local school districts to provide equal educational opportunities to qualified students with disabilities. Pursuant to Section 504 and its regulations, school districts convene “504 team meetings” for qualified students with disabilities to identify necessary accommodations. The document that describes the accommodations is called a “504 Plan.” About 85,100 students in California have 504 plans according to the U.S. Department of Education’s Office for Civil Rights.

The California Education Code already permits the audio recording of Individual Education Program (IEP) team meetings in this manner. Cal. Educ. Code § 56341.1(g). But it does not extend this important right to 504 plan meetings. As a result, parents and guardians have no recourse when districts deny their requests to audio record their children’s 504 meetings.

AB 87 will close this arbitrary loophole and grant parents and guardians the right to record 504 meetings.

Writing in support, the California Parents Union argues:

During 504 plan meetings much information is presented about the students and their needs. AB 87 would create the right to record 504 meetings. This can only be helpful to a parent or guardian who didn’t get a chance to take notes, ask questions, or might not be familiar with the terminology used during the meeting. The recording of a 504 meeting will give a parent or guardian a chance to review the presented information so they can be better informed and understand the process.

SUPPORT

Disability Rights California (sponsor)
California Alliance of Child and Family Services

California Parents Union

California School Boards Association

California State Council on Development Disabilities

Educate. Advocate.

Epilepsy Foundation Los Angeles

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation:

SB 323 (Portantino, 2023) requires an LEA to create and maintain an Inclusive School Emergency Plan and require the IEP for a pupil with exceptional needs to include additional accommodations if the LEA’s comprehensive school safety plan is insufficient to ensure the pupil’s safety in an emergency. SB 323 is currently in the Assembly Education Committee.

AB 624 (Grayson, 2023) requires the Trustees of the California State University and would request the Regents of the University of California, to cover the costs of diagnostic assessments as proof for academic accommodations for any student who receives student financial aid or who is eligible for financial assistance from the institution's health or disability center. AB 624 is currently in the Senate Education Committee.

Prior Legislation: None known.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 65, Noes 0)

Assembly Education Committee (Ayes 7, Noes 0)

**************

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 87 Hearing Date: June 7, 2023

Subject: Pupils: Section 504 plans: meetings and team meetings.

NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary.

SUMMARY

This bill grants parents, guardians, and local educational agencies (LEAs) the authority to make audio recordings of Section 504 team meetings.

BACKGROUND

Existing law:

1. In federal law, establishes the Individuals with Disabilities Education Act (IDEA), in order to ensure that all children with disabilities have a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living, among other purposes. (20 U.S.C. Section 1400)
2. In federal law, the Rehabilitation Act of 1973, prohibits an individual with a disability, as defined, from, solely by reason of his or her disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. Section 794)
3. Establishes a right of parents, guardians, and LEAs to audio record the proceedings of individualized education program (IEP) team meetings. (Education Code (EC) 56341.1)
4. Requires an LEA to notify the members of the IEP team of its intent to audio record a meeting at least 24 hours prior to the meeting. (EC 53641)
5. Prohibits an LEA from recording an IEP team meeting if the parent or guardian objects or refuses to attend the meeting because it will be audio recorded. (EC 53641)
6. Finds and declares that:
7. Under federal law, audio recordings made by an LEA are subject to the federal Family Educational Rights and Privacy Act of 1974 (FERPA) and are subject to the specified federal confidentiality requirements.
8. Parents or guardians have the right, pursuant to federal regulations, to do all of the following:
9. Inspect and review the audio recordings;
10. Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs; and
11. Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (EC 53641.1)
12. Defines LEA for purposes of special education law to mean a school district, a county office of education (COE), a nonprofit charter school participating as a member of a special education local plan area (SELPA) or a SELPA. (EC 56026.3)

ANALYSIS

This bill grants parents, guardians, and LEAs the authority to make audio recordings of Section 504 team meetings.

STAFF COMMENTS

1. Need for the bill. According to the author, “As a teacher for over 30 years, I understand how information provided to parents can be overwhelming. AB 87 provides parity for the right of parents, guardians and local school districts to record 504 planning meetings as is currently allowed in Individual Education Plan (IEP) meetings. The right for parents, guardians, and local school districts to record 504 Plan meetings is important due to the amount of information presented about the student and their needs. As a parent/guardian, it can be challenging to pay attention, take notes, and formulate questions based on what is discussed. This is especially true because parents and guardians may not be familiar with many of the ‘education’ terms 504 team members use during 504 meetings."
2. Section 504 plan overview. Section 504 of the Rehabilitation Act of 1973 safeguards individuals with disabilities in the United States from being excluded, denied benefits, or discriminated against solely due to their disabilities in any federally funded program or activity. This provision specifically applies to public schools.

According to Section 504 regulations, public schools must provide a FAPE to eligible students within their jurisdictions who have a physical or mental impairment that significantly restricts one or more major life activities.

To qualify for protection under Section 504, a student must meet one of the following criteria: 1) possess a physical or mental impairment that substantially limits one or more major life activities, 2) have a documented history of such an impairment, or 3) be perceived as having such an impairment. Major life activities encompass functions like walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Unlike IDEA, students are not required to have specific disabling conditions to be eligible. Some students who don't meet the criteria for an IEP under IDEA may qualify for a 504 plan. The process for developing 504 plans is less specific compared to IEPs in several aspects.

The determination of a student's "substantial limitation" must be made on an individual basis. Section 504 mandates that a group of knowledgeable individuals, sometimes formed as a team, utilize information from various sources to make this determination. Unlike the IDEA, there are no specified requirements for the composition of this group. The team is responsible for developing a 504 plan that outlines the necessary services and/or adjustments to the learning environment to adequately meet the child's needs, similar to those provided to other students.

According to the U.S. Department of Education’s (USDOE) Office for Civil Rights, in 2017-18 85, 127 students in California had 504 plans. In the same year, 774,665 California students had IEPs, according to the California Department of Education (CDE).

1. Current law allows for recording IEP team meetings, but does not address Section 504 team meetings. Existing state law grants parents, guardians, and LEAs the right to make audio recordings of IEP team meetings. This law additionally mandates that LEAs notify the IEP team members of their intention to record a meeting at least 24 hours in advance and provides conditions under which a parent or guardian can prevent an LEA from recording a meeting. However, both state and federal regulations do not explicitly address the right of parents, guardians, and LEAs to audio record Section 504 team meetings.
2. Arguments in support. Disability Rights California writes, “The California Education Code already permits the audio recording of Individual Education Program (IEP) team meetings in this manner. Cal. Educ. Code § 56341.1(g). But it does not extend this important right to 504 plan meetings. As a result, parents and guardians have no recourse when districts deny their requests to audio record their children’s 504 meetings.

AB 87 will close this arbitrary loophole and grant parents and guardians the right to record 504 meetings. 504 meetings often cover important topics affecting the rights of qualified students with disabilities, for example the provision of healthcare-related accommodations or whether the school district can pursue expulsion or other disciplinary proceedings. The right to record these proceedings will create a record and give them more time to process the complicated information conveyed, review the proposed 504 Plan with family, or even consult an educational advocate.”

SUPPORT

Disability Rights California (sponsor)
California Alliance of Child and Family Services
California Parents Union
California State Council on Development Disabilities

OPPOSITION

None received

-- END --

Date of Hearing: March 22, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 87 (

Author:Quirk-Silva) – As Introduced Ver:January 4, 2023

SUBJECT: Special education: Section 504 plans: team meetings

SUMMARY: Establishes a right of parents, guardians, and local educational agencies (LEAs) to audio record the proceedings of a Section 504 team meeting. Specifically, this bill:

1. Establishes a right of parents, guardians, and LEAs to audio record the proceedings of team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973.

EXISTING LAW:

1. In federal law, establishes the Individuals with Disabilities Education Act (IDEA), in order to ensure that all children with disabilities have a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living, among other purposes. (20 U.S.C. Section 1400)
2. In federal law, the Rehabilitation Act of 1973, prohibits an individual with a disability, as defined, from, solely by reason of his or her disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. Section 794)
3. Establishes a right of parents, guardians, and LEAs to audio record the proceedings of individualized education program (IEP) team meetings. (Education Code (EC) 56341.1)
4. Requires an LEA to notify the members of the IEP team of its intent to audio record a meeting at least 24 hours prior to the meeting. (EC 53641)
5. Prohibits an LEA from recording an IEP team meeting if the parent or guardian objects or refuses to attend the meeting because it will be audio recorded. (EC 53641)
6. Finds and declares that:
7. Under federal law, audio recordings made by an LEA are subject to the federal Family Educational Rights and Privacy Act of 1974 (FERPA) and are subject to the specified federal confidentiality requirements.
8. Parents or guardians have the right, pursuant to federal regulations, to do all of the following:
9. Inspect and review the audio recordings;
10. Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs; and
11. Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (EC 53641.1)
12. Defines LEA for purposes of special education law to mean a school district, a county office of education (COE), a nonprofit charter school participating as a member of a special education local plan area (SELPA) or a SELPA. (EC 56026.3)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, "As a teacher for over 30 years, I understand how information provided to parents can be overwhelming. AB 87 provides parity for the right of parents, guardians and local school districts to record 504 planning meetings as is currently allowed in Individual Education Plan (IEP) meetings. The right for parents, guardians, and local school districts to record 504 Plan meetings is important due to the amount of information presented about the student and their needs. As a parent/guardian, it can be challenging to pay attention, take notes, and formulate questions based on what is discussed. This is especially true because parents and guardians may not be familiar with many of the ‘education’ terms 504 team members use during 504 meetings."

What are 504 plans? Section 504 of the Rehabilitation Act of 1973 prohibits an individual with a disability in the United States, as defined, from, solely by reason of his or her disability, being excluded from the participation in, being denied the benefits of, or being subjected to discrimination under any program or activity receiving federal financial assistance. This requirement applies to public schools.

Section 504 regulations require that public schools provide a FAPE to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

To be protected under Section 504, a student must be determined to 1) have a physical or mental impairment that substantially limits one or more major life activities, 2) have a record of such an impairment; or 3) be regarded as having such an impairment. Major life activities include activities such as walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Unlike under IDEA, students do not need to have one of a list of specified disabling conditions. Some students who do not qualify for an IEP under the IDEA may qualify for a 504 plan. Process requirements for the development of 504 plans are less specific than IEPs in several ways.

The determination that a student has a “substantial limitation” must be made on an individualized basis. Section 504 requires that a group of knowledgeable persons (sometimes constituted as a team) draw upon information from a variety of sources in making this determination. Unlike under the IDEA, the composition of group is not specified. This team develops a 504 plan which delineates the services and/or changes to the learning environment required to meet the needs of the child as adequately as other students.

Existing law allows IEP team meetings to be recorded, but is silent on Section 504 team meetings. Current state law establishes a right of parents, guardians, and LEAs to audio record the proceedings of IEP team meetings. It also requires LEAs to notify the members of the IEP team of its intent to audio record a meeting at least 24 hours prior to the meeting and allows a parent or guardian to prevent an LEA from audio recording a meeting under specified conditions. State and federal law is silent on the right of parents, guardian, and LEAs to audio record team Section 504 team meetings.

How many California students have 504 plans? According to the U.S. Department of Education’s (USDOE) Office for Civil Rights, in 2017-18 85, 127 students in California had 504 plans. In the same year, 774,665 California students had IEPs, according to the California Department of Education (CDE).

Recommended amendments. In order to clarify that the proposed right is specific to Section 504 processes, which are distinct from IDEA processes, staff recommends that the bill be amended to move the requirement to a separate section outside of special education law, and make the language mirror rights afforded under current law to parents and LEAs in the IEP team meeting process.

Arguments in support. Disability Rights California writes, “The California Education Code already permits the audio recording of Individual Education Program (IEP) team meetings in this manner. Cal. Educ. Code § 56341.1(g). But it does not extend this important right to 504 plan meetings. As a result, parents and guardians have no recourse when districts deny their requests to audio record their children’s 504 meetings.

AB 87 will close this arbitrary loophole and grant parents and guardians the right to record 504 meetings. 504 meetings often cover important topics affecting the rights of qualified students with disabilities, for example the provision of healthcare-related accommodations or whether the school district can pursue expulsion or other disciplinary proceedings. The right to record these proceedings will create a record and give them more time to process the complicated information conveyed, review the proposed 504 Plan with family, or even consult an educational advocate.”

Related legislation. SB 176 (Silva), Chapter 88, Statutes of 2009, changed “audiotape” to “audio recording” with regard to the right to make audio recordings of IEP team meetings.

AB 1105 (Margett), Chapter 405, Statutes of 2001, established a right of parents, guardians, and LEAs to audiotape record IEP team meetings.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California (sponsor)

California Alliance of Child and Family Services
California Association for Health, Physical Education, Recreation & Dance
Educate. Advocate.
Epilepsy Foundation Los Angeles

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087