Dear Special Education Local Plan Area Directors, Special Education Administrators of County Offices of Education, Nonpublic School Administrators, and State Diagnostic Center Directors:
On July 1, 2013, the Governor signed Assembly Bill 86 (AB 86), the Education Omnibus Trailer Bill, Chapter 48, Statutes of 2013. Among other things, the bill amends California Education Code (EC) sections 56520, 56523, and 56525; it adds sections 56521.1 and 56521.2.
According to a Senate Floor analysis, the intent of these changes is to modify "the Behavioral Intervention Plan mandate to align it more closely with federal law and reduce unnecessary costs, while maintaining important protections for students with disabilities."
As a result of the bill's passage, the California Department of Education (CDE) must repeal the regulations found in Title 5, California Code of Regulations (5 CCR), Section 3052 and 5 CCR 3001 subsections (d), (e), (f), (g), and (ab). These regulations addressed positive behavioral interventions, functional analysis assessments, behavioral intervention plans, emergency interventions, prohibited interventions, key definitions, and the related responsibilities of local educational agencies (LEAs) and special education local plan areas.
In adding two new sections to EC—56521.1 and 56521.2—AB 86 essentially brings most of 5 CCR 3052(i), the use of behavioral emergency interventions, and 5 CCR 3052(l), the interventions that are prohibited from use, into state statute.
The definitions that are repealed from 5 CCR 3001 subsections (d), (e), (f), (g), and (ab) are "behavioral emergency," "behavioral intervention," "behavioral intervention case manager," "behavioral intervention plan," and "serious behavior problems."
In addition, Assembly Bill 110, California's 2013–14 budget bill, appropriates $230,000 in federal Individuals with Disabilities Education Act (IDEA) carryover funds to support CDE's "oversight of, and technical assistance and monitoring to, local educational agencies regarding changes to the requirements related to the identification and provision of behavior intervention services." Specifically, the California Department of Education is tasked with convening a large stakeholder group to discuss the impact of changes to law and regulations, develop and disseminate technical assistance advisories, identify and recommend practices based on peer-reviewed research, identify model programs and adjust data collection and monitoring activities. More information about these stakeholder meetings is forthcoming.
The full text of AB 86 is attached to this letter.
If you have any questions regarding this matter, please contact Allison Smith, Special Education Consultant, Special Education Division, by telephone at 916-319-0377 or by e-mail at ASmith@cde.ca.gov.
Original signed by Fred Balcom. Hard copy of the signed document is available by contacting the Special Education Division's Director's Office at 916-445-4602.
Fred Balcom, Director
Special Education Division