California 2023-2024 Regular Session

California Assembly Bill AB87 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~87 CHAPTER 81An~~ act to add Article 10 (commencing with Section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupils. ~~[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 87, Quirk-Silva. Pupils: Section 504 plans: meetings and team meetings.Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 270) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read: Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
	1	+	Enrolled July 07, 2023 Passed IN Senate July 06, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 27, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 87Introduced by Assembly Member Quirk-SilvaJanuary 04, 2023An act to add Article 10 (commencing with Section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupils.LEGISLATIVE COUNSEL'S DIGESTAB 87, Quirk-Silva. Pupils: Section 504 plans: meetings and team meetings.Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 270) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read: Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
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3		-	Assembly Bill No. ~~87 CHAPTER 81An~~ act to add Article 10 (commencing with Section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupils. ~~[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 87, Quirk-Silva. Pupils: Section 504 plans: meetings and team meetings.Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled July 07, 2023 Passed IN Senate July 06, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 27, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 87Introduced by Assembly Member Quirk-SilvaJanuary 04, 2023An act to add Article 10 (commencing with Section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupils.LEGISLATIVE COUNSEL'S DIGESTAB 87, Quirk-Silva. Pupils: Section 504 plans: meetings and team meetings.Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~87 CHAPTER 81~~
	5	+	Enrolled July 07, 2023 Passed IN Senate July 06, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 27, 2023
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7		-	Assembly Bill No. 87
	7	+	Enrolled July 07, 2023
	8	+	Passed IN Senate July 06, 2023
	9	+	Passed IN Assembly April 10, 2023
	10	+	Amended IN Assembly March 27, 2023
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9		-	CHAPTER 81
	12	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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	14	+	Assembly Bill
	15	+
	16	+	No. 87
	17	+
	18	+	Introduced by Assembly Member Quirk-SilvaJanuary 04, 2023
	19	+
	20	+	Introduced by Assembly Member Quirk-Silva
	21	+	January 04, 2023
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11	23		An act to add Article 10 (commencing with Section 270) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupils.
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13		-	[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]
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15	25		LEGISLATIVE COUNSEL'S DIGEST
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17	27		## LEGISLATIVE COUNSEL'S DIGEST
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19	29		AB 87, Quirk-Silva. Pupils: Section 504 plans: meetings and team meetings.
20	30
21	31		Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.
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23	33		Existing law requires a special education local plan area submitting a local plan to the Superintendent of Public Instruction to ensure that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing, among other things, compliance assurances, including general compliance with Section 504 of the federal Rehabilitation Act of 1973. That federal law prohibits an otherwise qualified individual with a disability, solely by reason of their disability, from being excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.
24	34
25	35		Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law authorizes the parent, guardian, or local educational agency of those pupils to audio record the proceedings of individualized education program team meetings.
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27	37		This bill would similarly authorize a parent, guardian, or local educational agency to audio record meetings and any team meetings for pupils held pursuant to Section 504 of the federal Rehabilitation Act of 1973, as provided.
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29	39		## Digest Key
30	40
31	41		## Bill Text
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33	43		The people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 270) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read: Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
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35	45		The people of the State of California do enact as follows:
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37	47		## The people of the State of California do enact as follows:
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39	49		SECTION 1. Article 10 (commencing with Section 270) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read: Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
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41	51		SECTION 1. Article 10 (commencing with Section 270) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
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43	53		### SECTION 1.
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45	55		Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
46	56
47	57		Article 10. Section 504 of the Rehabilitation Act of 1973270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
48	58
49	59		Article 10. Section 504 of the Rehabilitation Act of 1973
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51	61		Article 10. Section 504 of the Rehabilitation Act of 1973
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53	63		270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
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55	65
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57	67		270. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parents, guardians, or local educational agencys intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.
58	68
59	69		(b) For purposes of this section, local educational agency means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).