BILL NUMBER: AB 1895 CHAPTERED
BILL TEXT
CHAPTER 944
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 26, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 20, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN SENATE JUNE 19, 2002
AMENDED IN ASSEMBLY MAY 14, 2002
AMENDED IN ASSEMBLY APRIL 29, 2002
INTRODUCED BY Assembly Member Wright
FEBRUARY 6, 2002
An act to add Section 56046 to the Education Code, relating to
special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1895, Wright. Education: special education.
Existing law, the federal Individuals with Disabilities Education
Act, requires that all individuals with disabilities residing in the
state, regardless of the severity of their disabilities, and who are
in need of special education and related services, be identified,
located, and assessed as required by federal law.
This bill would prohibit an employee of a school district, county
office of education, or a special education local plan area from
directly or indirectly using or attempting to use the official
authority or influence of the employee for the purpose of
intimidating, threatening, or coercing a person, or attempting any of
those actions against a person, for the purpose of interfering with
the right of that person to assist a parent or guardian of a pupil
with exceptional needs to obtain services or accommodations for that
pupil.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that the process
for obtaining the appropriate variety and level of educational and
related services for an individual with exceptional needs can be
complex and heavily dependent upon the findings, opinions, and
recommendations of teachers, school psychologists, and other
professional and paraprofessional educators, and that parents and
guardians can benefit greatly from assistance provided by individuals
who are knowledgeable about the needs and strengths of the
individual pupil and about the process as it relates to an individual
pupil's needs under the federal Individuals with Disabilities
Education Act or Section 504 of the Rehabilitation Act of 1973.
(b) The Legislature further finds and declares that employees and
contractors of school districts, county offices of education, and
special education local planning areas, have a right to provide
information and to express good faith opinions to parents regarding
their rights under the federal Individuals with Disabilities
Education Act, Section 504 of the Rehabilitation Act of 1973, and the
federal Americans with Disabilities Act, as well as state laws
regarding individuals with exceptional needs.
SEC. 2. Section 56046 is added to the Education Code, to read:
56046. (a) An employee of a school district, county office of
education, or a special education local planning area may not
directly or indirectly use or attempt to use the official authority
or influence of the employee for the purpose of intimidating,
threatening, coercing, or attempting to intimidate, threaten, or
coerce any person, including, but not limited to, a teacher, a
provider of designated instruction and services, a paraprofessional,
an instructional aide, a behavioral aide, a health aide, other
educators or staff of the local educational agency, a private
individual or entity under contract with the local educational
agency, or a subordinate of the employee, for the purpose of
interfering with the action of that person at any time, to assist a
parent or guardian of a pupil with exceptional needs to obtain
services or accommodations for that pupil.
(b) If a person described in subdivision (a), believes an employee
or agent of a local educational agency is in violation of
subdivision (a) because of using or attempting to use official
authority or influence, that person may file a complaint under the
Uniform Complaint Procedures as set forth in Title 5 of the
California Code of Regulations. When a person files a complaint
pursuant to this subdivision, the state shall intervene directly and
the conditions for intervention in Section 4650 of Title 5 of the
California Code of Regulations are not applicable.
(c) Nothing in this section shall be construed to limit or alter
any right a person described in subdivision (a) may have to file a
complaint pursuant to either a governing board-adopted grievance
process or a collectively bargained grievance process.
(d) Nothing in this section shall be construed to do any of the
following:
(1) Limit or alter the right or duty of a public school official
to direct or discipline an employee or contractor.
(2) Prevent a local educational agency from enforcing a law or
regulation regarding conflicts of interest, incompatible activities,
or the confidentiality of pupil records.
(e) (1) For the purposes of this section, "services or
accommodations" includes information that would assist a parent or
guardian obtain a free appropriate education for his or her child as
guaranteed by the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.), or other services or accommodations
guaranteed under Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. Sec. 794) and the federal Americans with Disabilities Act (42
U.S.C. Sec. 12101 et seq.), as well as, under state laws regarding
individuals with exceptional needs.
(2) For the purpose of this section, "use of official authority or
influence" includes promising to confer or conferring any benefit,
affecting or threatening to affect any reprisal, or taking, directing
others to take, recommending, processing, or approving any personnel
action, including, but not limited to, appointment, promotion,
transfer, assignment, performance evaluation, suspension, or other
disciplinary action. "Use of official authority or influence" does
not include good faith advocacy by an employee of a public school
agency, to any person including another agency employee or
contractor, regarding the services, if any, to be provided to a pupil
under the laws referred to in paragraph (1).
(f) Nothing in this section shall be deemed to diminish the
rights, privileges, or remedies of a public school employee under any
other federal or state law or under an employment contract or
collective bargaining agreement.
(g) A school employee's or contractor's assistance offered to a
parent or guardian of a pupil with exceptional needs to obtain
services or accommodations for that pupil may not interfere with the
school employee's or contractor's regular duties for the local
educational agency.