BILL NUMBER: AB 1895 CHAPTERED 09/27/02 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.