State Laws Related to Special Education Going into Effect on January 1, 2020
During the 2019 legislative year, several bills related to special education will became law on January 1, 2020. Three bills make changes specifically to special education statute. They are Assembly Bills (ABs) 1172, 605, and 947. Several other bills do not change special education statute but could have implications for students with disabilities.
Changes to Special Education Statutes
The AB 1172 amends several sections of Education Code pertaining to nonpublic, nonsectarian schools and agencies. The new law requires that local educational agencies (LEAs) that send students to nonpublic, nonsectarian schools (NPSs) conduct onsite monitoring visits; requires that NPSs notify the California Department of Education (CDE) of any student-involved incident in which law enforcement is contacted; requires the CDE, if an investigation conducted by the CDE results in a finding that student health or safety has been compromised, to immediately suspend or revoke the school’s certification; requires that an NPS serving students with significant behavioral needs to have a person onsite who is qualified to implement behavior interventions; requires that administrators of NPSs hold or be working toward specified credentials or licenses; and requires that NPSs train specified staff in evidence-based practices and interventions specific to students’ unique behavioral needs. Further, the new law requires NPSs to submit documentation as a part of their application for certification by the CDE that the NPS will train staff who will have contact or interaction with students during the school day in the use of specified evidence-based practices and interventions specific to the unique behavioral needs of the students it serves and require LEAs to verify compliance with this requirement. The full text of AB 1172 is available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1172.
The AB 605 adds Section 56040.3 to the Education Code pertaining to the use of assistive technology devices. The new law makes LEAs, including charter schools, responsible for providing a student with disabilities who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when the student, because of enrollment in another LEA, ceases to be enrolled in that LEA. This responsibility is in force until alternative arrangements for providing the student with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the student ceased to be enrolled in that LEA, whichever occurs first. The full text of AB 605 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB605.
The AB 947 adds Education Code sections 56353 and 56354 to law. The new law authorizes school districts, county offices of education (COEs), and charter schools to consider elements of the expanded core curriculum, as defined, when developing individualized education programs (IEPs) for students who are blind, have low vision, or are visually impaired. If an orientation and mobility evaluation is needed for a student who is blind, has low vision, or is visually impaired, the new law would require that these evaluations be conducted by appropriately certified specialists and occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate to ensure that students receive necessary related services. The full text of AB 947 is available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB947.
Statutory Changes Having Implications for Students with Disabilities
The AB 34 amends the Education Code by requiring each LEA to ensure that specified information on bullying and harassment prevention is readily accessible in a prominent location on the LEA’s existing Internet web site in a manner that is easily accessible to parents or guardians and pupils. The full text of AB 34 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB34.
The AB 189 amends the Penal Code by adding qualified autism service providers, qualified autism service professionals, and qualified autism service paraprofessionals, as defined, to the list of individuals who are mandated reporters of child abuse or neglect. The full text of AB 189 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB189.
The AB 413 amends both Education Code and Penal Code by deleting references to “at-risk” and replacing that term with the term “at-promise.” The full text of AB 413 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB413.
The AB 988 amends the Education Code by authorizing the Commission on Teacher Credentialing to allow applicants for an education specialist credential to demonstrate their area of concentration based on two years of experience in California, while the candidates hold the preliminary credential. The full text of AB 988 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB988.
The AB 1354 amends the Education Code by requiring a COE, as part of the joint transition planning policy, to assign transition oversight responsibilities to existing COE personnel who will work with the county probation department, as needed, and relevant LEAs to ensure that specified transition activities are completed for a student and to facilitate the transfer of complete and accurate education records and a student’s IEP when a student enters the juvenile court school. In addition, AB 1354 would require a student detained for more than 20 consecutive schooldays to have an individualized transition plan to be developed by the COE in collaboration with the county probation department, as needed, and to have specified items accessible to the holder of the educational rights of the student on the student’s release. The AB 1354 also requires the COE, in collaboration, as needed, with the county probation department, to establish procedures for the timely, accurate, complete, and confidential transfer of educational records, as specified. The full text of AB 1354 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1354.
Senate Bill (SB) 223 amends Education Code by authorizing the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades one to twelve, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a student to possess and administer medicinal cannabis at a school site to the student who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996, excluding cannabis in a smokable or vapeable form. The full text of SB 223 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB223.
The SB 419 amends Education Code by extending the permanent prohibition against suspending students enrolled in kindergarten through grade three for disruption or willful defiance to include students in grades four and five. This prohibition is also being expanded to include student in grades six through eight, until July 1, 2025. The new law also applies these prohibitions to charter schools. Please note that this law will go into effect July 1, 2020. The full text of SB 419 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB419.
If you have any questions regarding this subject, please contact Allison Smith, Special Education Consultant, Special Education Division, by telephone at 916-319-0377 or by email at [email protected].
During the 2019 legislative year, several bills related to special education will became law on January 1, 2020. Three bills make changes specifically to special education statute. They are Assembly Bills (ABs) 1172, 605, and 947. Several other bills do not change special education statute but could have implications for students with disabilities.
Changes to Special Education Statutes
The AB 1172 amends several sections of Education Code pertaining to nonpublic, nonsectarian schools and agencies. The new law requires that local educational agencies (LEAs) that send students to nonpublic, nonsectarian schools (NPSs) conduct onsite monitoring visits; requires that NPSs notify the California Department of Education (CDE) of any student-involved incident in which law enforcement is contacted; requires the CDE, if an investigation conducted by the CDE results in a finding that student health or safety has been compromised, to immediately suspend or revoke the school’s certification; requires that an NPS serving students with significant behavioral needs to have a person onsite who is qualified to implement behavior interventions; requires that administrators of NPSs hold or be working toward specified credentials or licenses; and requires that NPSs train specified staff in evidence-based practices and interventions specific to students’ unique behavioral needs. Further, the new law requires NPSs to submit documentation as a part of their application for certification by the CDE that the NPS will train staff who will have contact or interaction with students during the school day in the use of specified evidence-based practices and interventions specific to the unique behavioral needs of the students it serves and require LEAs to verify compliance with this requirement. The full text of AB 1172 is available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1172.
The AB 605 adds Section 56040.3 to the Education Code pertaining to the use of assistive technology devices. The new law makes LEAs, including charter schools, responsible for providing a student with disabilities who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when the student, because of enrollment in another LEA, ceases to be enrolled in that LEA. This responsibility is in force until alternative arrangements for providing the student with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the student ceased to be enrolled in that LEA, whichever occurs first. The full text of AB 605 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB605.
The AB 947 adds Education Code sections 56353 and 56354 to law. The new law authorizes school districts, county offices of education (COEs), and charter schools to consider elements of the expanded core curriculum, as defined, when developing individualized education programs (IEPs) for students who are blind, have low vision, or are visually impaired. If an orientation and mobility evaluation is needed for a student who is blind, has low vision, or is visually impaired, the new law would require that these evaluations be conducted by appropriately certified specialists and occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate to ensure that students receive necessary related services. The full text of AB 947 is available at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB947.
Statutory Changes Having Implications for Students with Disabilities
The AB 34 amends the Education Code by requiring each LEA to ensure that specified information on bullying and harassment prevention is readily accessible in a prominent location on the LEA’s existing Internet web site in a manner that is easily accessible to parents or guardians and pupils. The full text of AB 34 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB34.
The AB 189 amends the Penal Code by adding qualified autism service providers, qualified autism service professionals, and qualified autism service paraprofessionals, as defined, to the list of individuals who are mandated reporters of child abuse or neglect. The full text of AB 189 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB189.
The AB 413 amends both Education Code and Penal Code by deleting references to “at-risk” and replacing that term with the term “at-promise.” The full text of AB 413 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB413.
The AB 988 amends the Education Code by authorizing the Commission on Teacher Credentialing to allow applicants for an education specialist credential to demonstrate their area of concentration based on two years of experience in California, while the candidates hold the preliminary credential. The full text of AB 988 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB988.
The AB 1354 amends the Education Code by requiring a COE, as part of the joint transition planning policy, to assign transition oversight responsibilities to existing COE personnel who will work with the county probation department, as needed, and relevant LEAs to ensure that specified transition activities are completed for a student and to facilitate the transfer of complete and accurate education records and a student’s IEP when a student enters the juvenile court school. In addition, AB 1354 would require a student detained for more than 20 consecutive schooldays to have an individualized transition plan to be developed by the COE in collaboration with the county probation department, as needed, and to have specified items accessible to the holder of the educational rights of the student on the student’s release. The AB 1354 also requires the COE, in collaboration, as needed, with the county probation department, to establish procedures for the timely, accurate, complete, and confidential transfer of educational records, as specified. The full text of AB 1354 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1354.
Senate Bill (SB) 223 amends Education Code by authorizing the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades one to twelve, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a student to possess and administer medicinal cannabis at a school site to the student who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996, excluding cannabis in a smokable or vapeable form. The full text of SB 223 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB223.
The SB 419 amends Education Code by extending the permanent prohibition against suspending students enrolled in kindergarten through grade three for disruption or willful defiance to include students in grades four and five. This prohibition is also being expanded to include student in grades six through eight, until July 1, 2025. The new law also applies these prohibitions to charter schools. Please note that this law will go into effect July 1, 2020. The full text of SB 419 can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB419.
If you have any questions regarding this subject, please contact Allison Smith, Special Education Consultant, Special Education Division, by telephone at 916-319-0377 or by email at [email protected].