Another component of the budget trailer bill, AB 86, repeals the “Hughes Bill” mandate imposed on Local Educational Agencies (“LEAs”) to provide specific behavioral assessments and interventions for special education students exhibiting serious behavioral problems, beyond those required under the Individuals with Disabilities Education Act (“IDEA”). AB 86 revises Education Code sections 56520 through 56525 to more closely resemble the requirements of the IDEA. AB 86 also provides that the Superintendent of Public Instruction must repeal regulations set forth at 3001 (d)-(g) and (ab) and 3052 of Title 5 of the California Code of Regulations. The new statutory provisions found in the Education Code are “intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the [IDEA]” and must be implemented by those “agencies without the development by the Superintendent and adoption by the state board of any additional regulations.”
For more information on the repeal of the Hughes Bill, see KMTG's Legal Alert.