AB 1124 (Yamada)
Special Education: Due Process Hearings
May 11, 2009
Honorable Kevin De Leon
Chair, Assembly Appropriations Committee
California State Assembly
Capitol Building, Room 2114
Sacramento, CA 95814
RE: AB 1124 (Yamada) – SUPPORT
Dear Assembly Member De Leon:
Disability Rights California, a non-profit advocacy organization mandated to advance the human and legal rights of people with disabilities, supports AB 1124. This bill is scheduled to be heard on May 13, 2009 in the Assembly Appropriations Committee.
Students with disabilities are entitled to special education and related services, including children under 3-years-old, pursuant to California’s Early Start program. State and federal laws guide rights and procedures for hearings when a child is no longer eligible for Early Start and applies for initial services.
AB 1124 requires school districts or special education local planning areas (SELPAs), during the pendency of a hearing, to continue to provide the same services that were provided under Early Start. This applies to children applying for initial services under a preschool program (3 to 5 years) who are no longer eligible for early intervention services.
AB 1124 allows for a seamless transition from early intervention to preschool services for toddlers with disabilities. This is particularly important for young children with autism receiving behavioral therapy. To accomplish this, the bill restores the “stay put” provision widely applied under the IDEA before it was amended in 2004. In the regulations implementing the 2004 amendments, the US Department of Education took the position that, during a pending dispute, a school district has no obligation to continue providing services which were received under Early Start. This resulted in a gap of services at a critical stage of developmental. This bill will eliminate that gap.
Disability Rights California encourages your yes vote on this worthwhile legislation. Please feel free to contact me if you have any questions about our position on this bill.
Cordially,
Brandon Tartaglia
Disability Rights California
Legislative Advocate
CC: Honorable Members of the Assembly Appropriations Committee
CC: Honorable Mariko Yamada, Author, California State Assembly
CC: Catherina Nou, Leg Assistant, Assembly Member Yamada’s Office
CC: Marisol Avina, Consultant, Assembly Education Committee