BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1841|
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                                 Third Reading


          Bill No:  AB 1841
          Author:   Buchanan (D)
          Amended:  6/3/10 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-0, 6/16/10
          AYES:  Romero, Huff, Emmerson, Hancock, Liu, Price
          NO VOTE RECORDED:  Alquist, Simitian, Wyland

           SENATE JUDICIARY COMMITTEE  :  4-0, 6/22/10
          AYES:  Corbett, Harman, Hancock, Leno
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  71-0, 4/12/10 - See last page for vote


           SUBJECT  :    Special education:  parental consent

           SOURCE  :     Superintendent of Public Instruction


           DIGEST  :    This bill conforms state law to federal law by  
          specifically prohibiting schools from initiating due  
          process procedures against a parent of a student with  
          special needs if the parent revokes consent for special  
          education.

           ANALYSIS  :    

           Current Federal Law and Regulations   

          The federal Individuals with Disabilities Education Act  
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          (IDEA) requires that all children with disabilities be  
          provided a free appropriate public education in the least  
          restrictive environment, and sets forth the  
          responsibilities of states and local education agencies.   
          The IDEA was reauthorized in 2004 and its implementing  
          federal regulations became effective in October 2006.   
          Clarifying amendments to the regulations were subsequently  
          adopted in December 2008.  

          The revised federal regulations provide that "consent"  
          means that:

          1. The parent has been fully informed of all information  
             relevant to the activity for which consent is sought, in  
             his or her native language, or through another mode of  
             communication.

          2. The parent understands and agrees in writing to the  
             carrying out of the activity and the consent describes  
             that activity and lists the records (if any) that will  
             be released and to whom.

          3. The parent understands that the granting of consent is  
             voluntary on the part of the parent and may be revoked  
             at any time.  If a parent revokes consent in writing  
             after the child is initially provided special education  
             and related services, the public agency is not required  
             to amend the child's education records to remove any  
             references to the child's receipt of special education  
             and related services because of the revocation of  
             consent.  

          The federal regulations also require that parental  
          revocation of consent for the continued provision of  
          special education and related services to a child must be  
          made in writing and that upon revocation of consent, a  
          public agency:

          1. May not continue to provide special education and  
             related services but must provide prior written notice  
             before ceasing the provision of special education and  
             related services.

          2. May not use procedural safeguards, including mediation  

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             or due process, in order to obtain agreement or a ruling  
             that the services may be provided to the child.

          3. Will not be considered to be in violation of the  
             requirement to make a free appropriate public education  
             available to the child because of the failure to provide  
             the child with further special education and related  
             services.

          4. Is not required to convene an individualized education  
             program (IEP) team meeting or develop an IEP for the  
             child for further provision of special education and  
             related services.  

           Current State Law  

          1. Requires a local education agency (LEA) to seek to  
             obtain informed consent from the parent of a child prior  
             to the provision of special education or related  
             services.

          2. Prohibits LEAs from providing special education or  
             related services to a child if the parent fails to  
             respond or refuses to consent to the initiation of  
             special education or related services.

          3. Prohibits LEAs from filing a due process complaint  
             against a parent who fails to respond or refuses to  
             consent to the initiation of special education and  
             related services. 

          4. Applies both of the following if the parent refuses  
             initial consent or fails to respond to a request to  
             provide consent:

             A.    The LEA shall not be considered to be in  
                violation of the requirement to make free  
                appropriate public education available to the child  
                for failure to provide special education and  
                related services for which the LEA requests  
                consent.

             B.    The LEA shall not be required to convene an IEP  
                team meeting or develop an IEP for the child.  

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          5. Requires LEAs to file a request for due process if the  
             parent of a child with special needs refuses all  
             services in the IEP after having consented to those  
             services in the past.

          6. Essentially mirrors federal regulations with respect to  
             parental consent but is silent regarding the amendment  
             of education records if parental consent is revoked.  

          This bill conforms state law to federal law by prohibiting  
          schools from initiating due process procedures against a  
          parent of a student with special needs if the parent  
          revokes consent for special education.  Specifically, this  
          bill:

          1. Deletes the requirement that a LEA file a request for  
             due process if a parent of a child with special needs  
             revokes consent for all services in the IEP after having  
             consented to those services in the past.

          2. Prohibits a public agency from doing the following if a  
             parent of a child with special needs submits a written  
             revocation of his or her consent at any time subsequent  
             to the initial provision of special education and  
             related services to the child:

             A.    Continue to provide special education and  
                related services to the child, but is required to  
                provide prior written notice to the child's parent  
                before ceasing the provision of special education  
                and related services.

             B.    Use procedural safeguards, including mediation  
                and due process complaint procedures, to obtain  
                agreement or a ruling that the services may be  
                provided to the child.

          3. Deems a public agency to be in compliance with the  
             requirement to make a free appropriate public education  
             available to a child if the agency ceases to provide the  
             child with further special education and related  
             services.


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          4. Specifies that a public agency is not required to  
             convene an IEP team meeting or develop an IEP for the  
             child for further provision of special education.

          5. Specifies that a public agency is not required to amend  
             the education records of a child to remove any reference  
             to the child's receipt of special education and services  
             if the child's parent submits a written revocation of  
             consent after the initial provision of special education  
             and related services to the child.

           Prior Legislation  

          AB 1663 (Evans), Chapter 454, Statutes of 2007, makes  
          various revisions to state special education statutes to  
          bring them into conformity with federal changes enacted  
          through the 2004 reauthorization of IDEA and its  
          implementing federal regulations.  Passed the Senate Floor  
          with a vote of 40-0 on September 11, 2007.

          AB 685 (Karnette), Chapter 56, Statutes of 2007, makes  
          technical changes to several provisions of the Education  
          Code and the Government Code regarding individuals with  
          exceptional needs and special education to conform to  
          updated federal regulations.  Passed the Senate Floor with  
          a vote of 38-0 on June 21, 2007.

          AB 1662 (Lieber), Chapter 653, Statutes of 2005, makes  
          changes to state special education statutes to bring them  
          into conformity with federal changes enacted through the  
          2004 reauthorization of the IDEA.  Passed the Senate Floor  
          with a vote of 38-0 on September 8, 2005.

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

           SUPPORT  :   (Verified  6/23/10)

          Superintendent of Public Instruction (source)
          Association of California School Administrators
          California Association of Joint Powers Authorities
          California School Boards Association
          California Teachers Association
          Developmental Disabilities Area Board 10

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          Disability Rights California
          Los Angeles County Office of Education
          San Francisco Unified School District
          Special Education Local Plan Area Administrators

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "as a condition of receiving more than $1.2 billion in  
          federal grant funds under the IDEA, California is required  
          to comply with these new regulations.  If the state's  
          Education Code is not brought into compliance, the state  
          could jeopardize its IDEA grant eligibility.  If California  
          is found noncompliant, the US Department of Education could  
          sanction the California Department of Education, and reduce  
          or withhold federal funds the state receives for special  
          education services."

           ASSEMBLY FLOOR  :
          AYES:  Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Solorio, Audra Strickland,  
            Swanson, Torres, Torrico, Tran, Villines, Yamada, John A.  
            Perez
          NO VOTE RECORDED:  Anderson, Bass, Evans, Hall, Harkey,  
            Norby, Smyth, Torlakson, Vacancy


          PQ:do  6/30/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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