AB 1861

Existing law requires that every individual with exceptional needs, as defined, who is eligible, be provided with educational instruction, services, or both, at no cost to their parent or guardian or, as appropriate, to them. Under existing law, a free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act. Existing law requires the State Department of Education to investigate a complaint alleging a violation of the act and to issue a written decision within 60 days of the complaint being filed, as provided. Existing law requires the findings and declarations of the written decision to be made available to the public after any personally identifiable information has been deleted. This bill would require the department, on or before January 1, 2030, to create, or contract to create, and maintain an online database of all complaints described above that the department receives and that the department has received consent to post beginning with the first school year in which the database is operational. The bill would require the department, before entering any documents into the database, to obtain consent from the complainant to add the report to the database and to redact any personally identifiable information, as provided. The bill would require the department to notify school districts, county offices of education, and charter schools of these requirements.