Protection & Advocacy Inc.

 

Advancing the Rights of Californians with Disabilities

LEGISLATION & PUBLIC
INFORMATION UNIT

1029 J Street, Suite 150
Sacramento CA 95814
Telephone: (916) 497-0331
Fax: (916) 497-0813
www.pai-ca.org

 

Principles for Addressing Amendments to the California Education Code Regarding Special Education

Amended 9/20/2003

 

1.       Special education students’ have rights to be educated to the maximum extent appropriate with their non-disabled peers and not to be removed from regular classrooms unless, despite the use of supplementary aids and services, education cannot be achieved satisfactorily there.  Any state or federal legislation, regulation, or legislative budget action which would eliminate or dilute this right is unacceptable.  Actions which further these rights or in any way facilitate more integrated educational opportunities for special education pupils shall be supported.

2.       Other key rights of special education pupils include:

a.     The right not to be excluded or expelled for conduct which is a manifestation of their disabilities or the result of inappropriate services from the school district.

b.    The right to positive behavioral intervention services to address serious behavior problems while remaining free of seclusion, restraint and other aversive behavior interventions.

c.     The right to appropriate early intervention services prior to the age of three and to appropriate transitions from early intervention to preschool programs.

d.    The right to appropriate transition services from secondary education to post-school adult life.

e.     The right to culturally and linguistically appropriate special education evaluations, program plan meetings, and instructional and related services.

Any state or federal legislation, regulation, or budget actions that further these rights should be supported while those that impair these rights should be opposed.

3.       State laws and school district policies shall not set a lower standard than federal laws.  Any proposed state legislation or regulation that sets a lower standard shall be opposed while legislation that sets a higher standard for California students than does the federal law shall be supported.

4.       PAI will work to increase families and students with disabilities’ access to trained and qualified advocacy assistance and other resources that will assist families and students with disabilities in gaining access to special education and related services.

 

Policy #1010.01

Adopted 4/18/1998; Amended 9/20/2003