Policy Bill Updates

AB-438 Pupils with Exceptional Needs Individualized Education Programs (Passed)

Written by Admin | Feb 20, 2024 1:08:58 AM

Assembly Bill No. 438 

  1. Pupils with Exceptional Needs Individualized Education Programs Postsecondary Goals and Transition Services (Amended in Senate on June 19, 2023)
  2.  

This assembly bill was introduced by Assembly Member Blanca Rubio on February 6, 2023. The current law mandates local educational agencies to identify, locate, and assess individuals with exceptional needs, ensuring that these students receive a free appropriate public education in the least restrictive environment, along with special education and related services outlined in an individualized education program. From the age of 16 or earlier if deemed suitable by the individualized education program team, and updated annually, the individualized education program must incorporate specific measurable postsecondary goals and transition services to support the student in achieving those goals.

This bill would modify the current law to mandate that, effective July 1, 2025, an individualized education program must encompass measurable postsecondary goals and transition services starting when an individual with exceptional needs is 14 years old or enters grade 9. By introducing additional requirements concerning individualized education programs for local educational agencies, the bill would establish a state-mandated local program. As per the California Constitution, the state is obligated to reimburse local agencies and school districts for specific costs mandated by the state, with procedures defined in statutory provisions. The bill proposes that if the Commission on State Mandates confirms that it imposes state-mandated costs, reimbursement for such costs will follow the mentioned statutory provisions.