California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

AB 1264 — Special education pupils: individualized education program: meetings: school records.

Last action — Stricken from file.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) 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 requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires a parent, as defined, of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program. This bill would require a public agency, before any meeting regarding an individualized education program, to offer to provide to the parent copies of any available, completed school records related to the pupil's current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. The bill would require the public agency, if the parent requests those copies, to make them available to the parent at least 5 business days before the meeting. The bill would authorize a public agency to charge a parent no more than the actual cost of reproducing these copies, but if the cost effectively prevents the parent from exercising the right to receive the copies, the public agency would be required to reproduce the copies at no cost. The bill would require notice to a parent of an individualized education program meeting to include notice of the right to obtain copies of school records pursuant to these provisions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also make conforming changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

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

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3143.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2562.).

  8. Read second time. Ordered to third reading.

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

  10. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

  11. In committee: Referred to APPR. suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14).

  14. Referred to Com. on ED.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1484.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3).

  19. Coauthors revised.

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 5).

  23. Re-referred to Com. on ED.

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

  25. Referred to Com. on ED.

  26. From printer. May be heard in committee March 21.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (2)

  • Weber
  • Wilk

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 1264 GARCIA, E. Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 15000
Republican 6000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Levine — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Not Voting
Steinorth — Yea
Voepel — Yea
Wood — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Baker — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Salas — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Bocanegra — Yea
Fong — Yea
Gray — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
O'Donnell — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Burke — Yea
Friedman — Yea
Low — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1264 Eduardo Garcia et al. By Wilk

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Nielsen — Not Voting
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Galgiani — Yea
Fuller — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Bates — Yea
Dodd — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Newman — Yea
Pan — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1264 GARCIA, E. Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 16000
Republican 5002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Eggman — Yea
Chávez — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Harper — Yea
Mayes — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Gloria — Yea
Gomez — Yea
Rubio — Yea
Salas — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Bocanegra — Yea
Gray — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Chau — Yea
Mullin — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 5000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Eggman — Yea
Chau — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Not Voting
Obernolte — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 1264 do?
(1) 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 requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires a parent, as defined, of an individual with exceptional needs to have the right and opportunity to examine all school records of his or her child and to receive copies of those records within 5 business days after a request is made by the parent, either orally or in writing. Existing law requires a public agency to comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program. This bill would require a public agency, before any meeting regarding an individualized education program, to offer to provide to the parent copies of any available, completed school records related to the pupil's current levels of performance, and any available, completed assessment reports, if these records and reports are related to that meeting. The bill would require the public agency, if the parent requests those copies, to make them available to the parent at least 5 business days before the meeting. The bill would authorize a public agency to charge a parent no more than the actual cost of reproducing these copies, but if the cost effectively prevents the parent from exercising the right to receive the copies, the public agency would be required to reproduce the copies at no cost. The bill would require notice to a parent of an individualized education program meeting to include notice of the right to obtain copies of school records pursuant to these provisions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also make conforming changes. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1264?
AB 1264 is sponsored by Weber, Wilk, and Garcia, Robert (Democratic).
What is the current status of AB 1264?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1264?
Track AB 1264 free on One Click Politics — get push/email alerts when it moves.

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