California’s protection & advocacy system

For legal assistance call 800-776-5746. For all other purposes call 916-504-5800 in Northern CA

or 213-213-8000 in Southern CA. TTY 800-719-5798.



November 5, 2010

Counties File AB 3632 Lawsuit

Twenty-three California counties today filed a lawsuit requesting that the AB 3632 mandate be suspended. 

AB 3632 requires counties to provide mental health services to special education students. When Governor Arnold Schwarzenegger signed the 2010-11 state budget, he vetoed all funding for the program and declared the mandate suspended.

Under federal law, schools are required to provide services to special education students, including mental health services. In 1984, California, through AB 3632, mandated that counties provide the mental health services to these students. California’s constitution (via Proposition 1A of 2004), specifies that when there is no funding for a mandate, that mandate must be suspended. If the court declares the mandate suspended, financial responsibility for serving the mental health needs of special education students will shift back to the school districts. Approximately 20,000 children are currently receiving mental health services from the AB 3632 program.

Counties that are part of the suit include:

  • Alameda
  • Contra Costa
  • El Dorado
  • Fresno
  • Humboldt
  • Lake
  • Los Angeles
  • Marin
  • Mendocino
  • Merced
  • Mono
  • Monterey
  • Riverside
  • Sacramento
  • San Bernardino
  • San Diego
  • San Luis Obispo
  • Santa Clara
  • Shasta
  • Solano
  • Tulare
  • Tuolumne
  • Yolo

CSAC will keep you apprised of any forthcoming information.