California 2009-2010 Regular Session Status: Enacted

AB 1841 — Special education: parental consent.

Last action — Chaptered by Secretary of State - Chapter 243, Statutes of 2010.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, in defining the term "consent" for purposes of the provision of special education and related services to individuals with exceptional needs, includes in that definition a statement that a parent or guardian understands that granting consent is voluntary and he or she may revoke that consent at any time. Existing law provides that revocation of consent is not retroactive to negate an action that occurred after consent was given and prior to the revocation. This bill, in addition, would provide that a public agency is not required to amend the education records of a child to remove any reference to the child's receipt of special education and services if the child's parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child. (2) Existing law requires a local educational agency that is responsible for providing a free appropriate public education and related services to a child with a disability to make reasonable efforts to obtain informed consent from the parent of the child before providing special education and related services to the child, as specified. Existing law requires a local educational agency to file a request for due process, as specified, if the parent or guardian of a child who is an individual with exceptional needs refuses all services in the individualized education program after having consented to those services in the past. This bill would delete that latter requirement and, pursuant to a specified federal regulation, instead would prohibit a public agency, in the event that the parent or guardian of a child submits a written revocation of his or her consent at any time subsequent to the initial provision of special education and related services to the child, from continuing to provide special education and related services to the child or from using specified procedural safeguards to obtain agreement or a ruling that the services may be provided to the child. The bill would require the public agency to provide prior written notice to the child's parent or guardian, as specified, before ceasing the provision of the special education and related services. The bill would require that a public agency be deemed in compliance with the requirement to make a free appropriate public education available to a child if the agency ceases to provide the child with further special education and related services pursuant to these provisions. The bill would provide that a public agency is not required to convene an individualized education program team meeting or develop an individualized education program for the child for further provision of special education and related services.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 243, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6220.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4450.)

  7. Ordered to third reading.

  8. From Consent Calendar.

  9. Read second time. To Consent Calendar.

  10. From committee: Do pass. To Consent Calendar. (June 22).

  11. From committee: Do pass, and re-refer to Com. on JUD. with recommendation: To Consent Calendar. Re-referred. (Ayes 6. Noes 0.) (June 16).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  13. Referred to Coms. on ED. and JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 4598.)

  16. Read second time. To Consent Calendar.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. To Consent Calendar. (March 24).

  19. Re-referred to Com. on ED.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  21. Referred to Com. on ED.

  22. From printer. May be heard in committee March 18.

  23. Read first time. To print.

Sponsors

  • Buchanan · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Buchanan

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1841 BUCHANAN Concurrence in Senate Amendments

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Davis — Not Voting
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Bass — Not Voting
Blakeslee — Not Voting
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
DeVore — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1841 Buchanan By Liu

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Cogdill — Yea
Hollingsworth — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Alquist — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Leno — Yea
Oropeza — Not Voting
Wiggins — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1841 BUCHANAN Consent Calendar Second Day

Passed 83 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 77008
Democratic 3000
Republican 3000
Total 83008
% of votes cast 91%0%0%9%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Not Voting
Harkey — Not Voting
Hayashi — Yea
Hill — Yea
Huber — Yea
Bass — Not Voting
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Anderson — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Not Voting
Torlakson — Not Voting
Villines — Yea
Emmerson — Yea
Eng — Yea
Evans — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1841 do?
(1) Existing law, in defining the term "consent" for purposes of the provision of special education and related services to individuals with exceptional needs, includes in that definition a statement that a parent or guardian understands that granting consent is voluntary and he or she may revoke that consent at any time. Existing law provides that revocation of consent is not retroactive to negate an action that occurred after consent was given and prior to the revocation. This bill, in addition, would provide that a public agency is not required to amend the education records of a child to remove any reference to the child's receipt of special education and services if the child's parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child. (2) Existing law requires a local educational agency that is responsible for providing a free appropriate public education and related services to a child with a disability to make reasonable efforts to obtain informed consent from the parent of the child before providing special education and related services to the child, as specified. Existing law requires a local educational agency to file a request for due process, as specified, if the parent or guardian of a child who is an individual with exceptional needs refuses all services in the individualized education program after having consented to those services in the past. This bill would delete that latter requirement and, pursuant to a specified federal regulation, instead would prohibit a public agency, in the event that the parent or guardian of a child submits a written revocation of his or her consent at any time subsequent to the initial provision of special education and related services to the child, from continuing to provide special education and related services to the child or from using specified procedural safeguards to obtain agreement or a ruling that the services may be provided to the child. The bill would require the public agency to provide prior written notice to the child's parent or guardian, as specified, before ceasing the provision of the special education and related services. The bill would require that a public agency be deemed in compliance with the requirement to make a free appropriate public education available to a child if the agency ceases to provide the child with further special education and related services pursuant to these provisions. The bill would provide that a public agency is not required to convene an individualized education program team meeting or develop an individualized education program for the child for further provision of special education and related services.
Who sponsors AB 1841?
AB 1841 is sponsored by Buchanan.
What is the current status of AB 1841?
This bill has been enacted into law. Introduced February 12, 2010. Enacted.
Where can I track AB 1841?
Track AB 1841 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1841

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1841

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →