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

PAI Policy on Legislation Affecting California
Special Education Pupils’ Entitlements
Under Federal Special Education Laws

Adopted 11/20/1999

BACKGROUND:

Federal special education laws were amended in 1997 and further clarified by the issuing of federal regulations in 1999.  California has made some limited efforts to reconcile state codes to the new federal laws.  On occasion, California has attempted to dilute pupils’ federal entitlements in state codes as part of the process of codifying these recent federal changes.  In addition, other interest groups have sought to make changes which adversely affect special education pupils’ existing rights under state law as part of the process of codifying these recent federal changes.

PRINCIPLES:

The following principles should be honored in any proposed legislation or amendments to legislation.

1.          State law should not be amended to in any way lessen a pupil’s entitlement to a free, appropriate, public education and related services in the least restrictive environment from that of a pupil’s entitlement to the same under federal law.

2.          State law should not be amended to lessen California pupils’ entitlements to special education services as they currently exist under state law.

Policy #1015.01

Adopted 11/20/1999