Special education: due process hearings.

Existing law establishes the right of individuals with exceptional needs to a free appropriate public education and ensures the right to special education and related services, including, for individuals under 3 years of age, specified services under the California Early Intervention Services Act. Existing state and federal law prescribe specified rights and procedural requirements relating to administrative hearings involving an application for initial services from an individual with exceptional needs who is no longer eligible for early intervention services under the California Early Intervention Services Act because he or she has reached 3 years of age. This bill, subject to receipt of federal funding, would require local educational agencies, during the pendency of a hearing involving an application of a pupil for initial services under a preschool program serving individuals with exceptional needs between 3 to 5 years of age, inclusive, who is no longer eligible for early intervention services under the California Early Intervention Services Act because he or she has reached 3 years of age, to continue to provide the same services that were provided under the California Early Intervention Services Act. Because this bill would require local educational agencies to provide a pupil with certain services beyond the age at which he or she was qualified to receive those services, it would impose a state-mandated local program. 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 these statutory provisions.