Title 5 Rules and Regulations Revision
In 2013, the California Department of Education (CDE) began the process of amending the California Code of Regulations, Title 5, Sections 3001–3088, which governs the provision of special education services in the state. The process that the CDE took to amend the regulations, including the original notice of proposed rulemaking, the original proposed regulations, and the final regulations, can be found at the CDE. In deciding to amend Title 5, the CDE stated that it wanted to update regulations that had not been updated since April 20, 1988. The goal of the CDE was to align the new regulations with almost 30 years of legal rulings and statutory and federal requirements.
While the Learning Rights Law Center supports updating Title 5 to fully capture the advancements parents and students have made in special education since 1988, we believe that the proposed regulations do not adequately reflect the hard fought victories of our parents and students who have struggled to make special education in California vastly different than it was 30 years ago.
On July 2013, as the rulemaking process was in full force, Janeen Steel, our current Co-Executive Director, voiced her concerns to the California Department of Education and the California State Board of Education. Her letter on behalf of the Learning Rights Law Center captures our concerns that the new regulations unnecessarily removed definitions vital to the understanding of special education, removed credentialing for public schools in related services contexts, and generally would result in more confusion and litigation. Fortunately, the State and the Board listened to many of the concerns posed by Janeen and other advocates. The final regulations, effective July 1, 2014, are vastly improved, but still imperfect.
As the new regulations are implemented, the Learning Rights Law Center will continue to monitor and challenge any law that goes against the progress that our parents and students have fought for. As a guide for parents and advocates to better understand the changes to Title 5, we have published user friendly charts in English and Spanish