Tag: Special Education

Why The Arc of California Opposes AB 2490

By Julie Schurman, Esq., Director of Public Policy, The Arc & UCP California Collaboration

California schools are facing a serious shortage of qualified teachers, including special education teachers. When a teacher takes an extended leave or a position remains vacant, schools can struggle to find someone who can provide students with consistent instruction.

We recognize that school districts are in a difficult position. Supporters of AB 2490 argue that allowing a substitute teacher to remain in the same classroom for a longer period could provide greater stability than repeatedly changing substitutes or leaving classrooms without consistent staffing.

However, The Arc of California believes AB 2490, introduced by Assemblymember Avelino Valencia, proposes the wrong solution. Addressing a shortage of qualified teachers by lowering the experience requirements for long-term substitute teachers could have serious consequences for students, particularly students with disabilities.

What Would AB 2490 Do?

Under current requirements, an applicant for an Emergency Career Substitute Teaching Permit generally must verify that they completed at least 90 days of substitute teaching in each of the three years immediately preceding their application.

AB 2490 would require the Commission on Teacher Credentialing (CTC) to accept an alternative pathway. Instead of meeting the substitute-teaching experience requirement, an applicant could qualify by completing:

      • At least five hours of professional development
      • An orientation training
      • An assigned teaching mentor program

A substitute who qualifies through this alternative pathway could remain in one general or special education classroom for as many as 70 cumulative days during the school year. Because California’s instructional year is generally 180 days, this amounts to almost 40% of the school year.

The permit would be valid for 12 months. When renewing the permit for the first time, the substitute would need to provide verification of 30 hours of additional professional development.

The bill also includes some safeguards. Schools would have to provide specialized orientation and mentoring for substitutes working in special education classrooms, notify parents or guardians within 10 school days of the placement, make specified recruitment efforts before using this type of substitute, and publicly report information about extended substitute assignments.

While these provisions are intended to provide oversight, we do not believe they adequately address the central concern: five hours of professional development is not enough preparation to take responsibility for a special education classroom for nearly 40% of the school year.

Students With Disabilities Need Appropriately Prepared Teachers

Special education teachers do much more than deliver a standard lesson plan. They must understand and implement each student’s Individualized Education Program (IEP), provide appropriate accommodations, use specialized instructional strategies, address behavioral and communication needs, collaborate with families and service providers, and monitor progress toward individual goals.

Students may also depend on stability, routine, and educators who understand their individual needs. A substitute teacher with limited training may be placed in an extremely challenging position, even with access to a mentor.

Cindy Liu, a Ventura County parent whose daughter has Down syndrome and has had an IEP since kindergarten, explains the concern:

“This bill tells families like mine that a warm body is an acceptable substitute for a qualified teacher, for nearly 40% of the school year. AB 2490 pains me as a parent, and on behalf of the educators I respect. Five hours does not make a teacher.”

Research has consistently shown that access to qualified and experienced teachers is closely connected to student success. Students with disabilities, students from low-income families, and students of color are already more likely to be taught by inexperienced or underprepared educators. AB 2490 could deepen those disparities rather than address them.

Other Options Should Be Fully Considered

California already provides several pathways that school districts can use when they cannot find a fully credentialed teacher. Existing state law also allows a school district to seek approval to extend the length of a substitute assignment in a special education classroom when circumstances justify it.

This process provides flexibility while preserving additional oversight. Before creating a permanent and broadly available pathway for individuals with significantly less experience to serve in long-term assignments, the state should examine whether schools are fully using the staffing options that already exist.

AB 2490 also raises important questions about how its special education provisions would interact with federal personnel qualification requirements.  The Individuals with Disabilities Education Act (IDEA) requires states to establish qualification standards for special education teachers and generally prohibits waiving special education certification requirements. California must uphold the personnel standards and protections established under the Individuals with Disabilities Education Act (IDEA) as these standards are not merely aspirational; they are essential safeguards for students with disabilities.

Teacher Shortages Require a Long-Term Solution

There is a real problem that AB 2490 is intended to address. Teacher shortages can disrupt classrooms, create uncertainty for students and families, and place additional pressure on educators and school administrators. Students may benefit from having one consistent adult in the classroom rather than a succession of short-term substitutes. However, AB 2490 does not guarantee that the same substitute will remain with a class throughout an extended absence or special educator vacancy, it simply allows an individual with an Emergency Career Substitute Teaching Permit to fill the vacancy for up to 40% of the school year. It therefore permits less experienced substitutes for both short and long term assignments.

The bill also has no sunset date, even though it has been presented as a temporary response to the current teacher shortage. If the expanded flexibility is intended to be temporary, it should not be placed into law indefinitely.

AB 2490 Is Not the Solution

Students need educators who have the preparation, qualifications, and support necessary to meet their needs. This is particularly important in special education classrooms. California should not respond to teacher shortages by attempting to weaken the federal qualification requirements designed to protect students with disabilities. Compliance with IDEA must remain the foundation of any proposed solution.

California should invest in recruiting, preparing, and retaining qualified special education teachers. The state should also ensure that schools understand and appropriately use the staffing pathways already available. Lowering the experience threshold for someone who may lead a Special Education classroom for almost 40% of the school year does not provide the lasting solution students deserve.

For these reasons, The Arc & UCP California Collaboration opposes AB 2490 and respectfully urges Governor Newsom to veto the bill.

June 25 is National Call Congress Day to Defend IDEA

By Jordan Lindsey, Executive Director, The Arc of California 

I want to bring your attention to an important call to action to Defend the Individuals with Disabilities Education Act (Or IDEA) and Keep Special Education Where It Belongs!

Students with disabilities could soon face more delays and confusion when they need help at school. The U.S. Department of Education plans to move the offices that oversee special education, vocational rehabilitation, and students’ civil rights out of the Department of Education and into other government agencies.

Families already spend months, sometimes years, trying to get schools to follow the law. Moving these offices could make things even more confusing and slow down help that students with disabilities urgently need.

Here’s what this change could mean for students:

    • More confusion about who to contact when a student is denied services or accommodations.
    • Longer delays in getting supports to find and maintain a job.
    • Less coordination between special education and civil rights protections.
    • More barriers when a student faces bullying, exclusion, restraint, seclusion, or unfair discipline.

Imagine this:

If a child is denied speech therapy today, families know to call the Department of Education. Under the new plan, they may have to call two or three different agencies while their child falls further behind.

Students with disabilities are public education students first.  The vast majority of students with disabilities are in their neighborhood school where they receive specialized services in the regular classroom alongside their non-disabled peers. Their education, rights, and futures belong in the Department of Education, not treated as patients or cases to be managed elsewhere. 

TAKE ACTION NOW!

On Thursday, June 25, 2026, hundreds of disability rights organizations across the country and disability advocates are joining forces to take part in a National Call-In Day to make sure Members of the United State Congress hear our opposition to moving the special education to the U.S. Department of Health and Human Services, and the Office for Civil Rights to the Department of Justice.

Here is how you can participate:

First, plan on calling your U.S. House Representative and two U.S. Senators that represent you on June 25th, 2026, anytime between 6:00 a.m. to 2:00 p.m. (pacific time) – or —  9 am and 5 pm (eastern time)

When you call, please urge them to tell the U.S. Department of Education not to move special education programs such as the Individuals with Disabilities Education Act (IDEA) out of the Education Department.

To find your representatives you can do one of two things:

    • You can reach any office though the main switchboard for the U.S. Capitol at 202-224-3121. If calling through the switchboard, when you are connected to an operator, ask to be connected to the office of your Senator or Representative.
    • You can go to the Congress website and input your address at congress.gov/members/find-your-member

Once connected, you can share your concerns with the person who answered, and ask them to pass that information onto the Education Legislative Aid and the Congregational Member.

CLICK HERE FOR A SAMPLE CALL SCRIPT.

Remember, you do not have to be an expert. Congressional offices want to hear directly from constituents. A simple one- to two-minute call can make a difference.

In solidarity!

Support A Statewide Special Education Parent Collaborative in California – Help Pass AB 2189!

By Julie Schurman, Esq., Director of Public Policy, The Arc & UCP California Collaboration

AB 2189 by Assembly Member Stephanie Nguyen – a bill that would create a Statewide Special Education Parent Advocacy Collaborative – will be heard in the Senate Human Services Committee on Monday, June 29, 2026. We need your help to show lawmakers that families, self-advocates, and disability organizations support this important bill.

What Would AB 2189 Do?

It would establish a statewide Special Education collaborative, and bring together parents, self-advocates, community organizations and decision makers in the special education space from across California to identify challenges in special education, share solutions, and help improve outcomes for students with disabilities.

AB 2189 would create a statewide network that helps ensure the voices of families and students are heard at the state level and that policymakers in Sacramento receive direct feedback about what is working and what needs to improve.

This bill is an important investment in parent and self-advocate leadership, family engagement, and better educational outcomes for students with disabilities.

How Can You Support AB 2189?

1) Submit a Letter of Support to the California Senate Human Services Committee by June 22.

Support Letter Templates:

      • Click HERE for Individuals
      • Click HERE for Organizations

How to Submit Your Letter:

You may upload your letter directly through the California Legislature Position Letter Portal: https://calegislation.lc.ca.gov/Advocates/

Or, if you would like assistance, email your signed letter to: info@thearcca.org and The Arc of California can submit your support letter to the Legislature on your behalf.

2) Attend the Hearing and Show Your Support

We encourage parents, self-advocates, family members, educators, service providers, and disability organizations to attend the hearing in person and provide a simple “Me Too” statement of support for the bill.

HEARING INFORMATION

Date: Monday, June 29, 2026   |  Time: 3:00 PM, or later   |  Location: 1021 O Street, Room 2200, Sacramento, CA

Speaking in support is easy. When called, you can simply state your name, your connection to the disability community or the organization you represent and say, “I support AB 2189.”

The committee agenda will be posted here when available: https://shum.senate.ca.gov/agenda

YOUR VOICE MATTERS!

AB 2189 was developed because families and self-advocates know firsthand the challenges students with disabilities face in the special education system. The more voices lawmakers hear from, the stronger our message becomes.

Please submit a support letter, attend the hearing if you can, and share this action alert with others who care about improving special education in California.

AB 2189 Advances to Assembly Education Committee — Parents Urged to Speak Up

A key bill to strengthen the voice of families in California’s special education system is moving forward—and now is the time for parents and advocates to take action.

AB 2189, authored by Assembly Member Stephanie Nguyen and sponsored by The Arc of California, passed out of the Assembly Committee on Human Services on April 14 with strong support and is now headed to the Assembly Education Committee on Wednesday, April 22 at 1 p.m. at the State Capitol, Room 126.

AB 2189 would authorize the State Council on Developmental Disabilities to fund a statewide effort to train and connect parents of students with disabilities, building a unified network to advocate for their rights and improve outcomes across California.

The need for this effort is growing. As federal oversight of special education weakens, states are increasingly responsible for protecting the rights of students with disabilities.

“AB 2189 provides a practical solution…to train and connect parents so they can understand their rights and advocate within California’s special education system,” Assemblymember Nguyen said during the hearing.

During testimony, The Arc of California Executive Director Jordan Lindsey emphasized that while many stakeholders are well-organized at the state level, the voices of parents and students are often missing. “The most important voice…is usually not at that table,” Jordan said.

Parent advocate Christine Case-Lo underscored the real-world gap families face: “We lack a statewide structure to advocate for systemic policy change.”

AB 2189 would create that structure that brings together local groups, family resource centers, and advocates into a coordinated, statewide coalition to elevate the voices of families and students.

TAKE ACTION AND SHOW SUPPORT!

If you are able, we strongly encourage you to attend the hearing and show your support:

DATE AND TIME:

Wednesday, April 22 at 1:00 p.m.

LOCATION

State Capitol, Room 126 (Assembly Education Committee)

Submit written public comment:

Click HERE to watch the hearing and testimony.

AB 2189 is about ensuring families are informed, connected, and heard at a time when oversight and accountability are shifting to the states. Without a coordinated parent voice, critical decisions about special education risk being made without the people most directly impacted.

Your presence matters. Legislators need to see and hear directly from families about why stronger parent advocacy and accountability in special education is urgently needed.

Stay Informed!

Join the growing number of advocates supporting this effort. Sign on to support AB 2189 and receive updates and action alerts as the bill moves through the legislative process: Visit specialed.thearcca.org to sign up.

California Law Requires School Emergency Plans be Included in IEPs, but Many Still Don’t

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

Special education students can be at a higher risk during a disaster due to various factors. Most schools have crisis plans to support student safety in the event of an emergency, but less than half of schools have plans that address the complex needs of students with developmental disabilities. California Law requires emergency plans be included in an Individualized Education Plan (IEP), but very few do.  

To mitigate the risks, it is crucial to have comprehensive emergency plans in place that address the specific needs of special education students. This includes training staff members, providing clear and accessible communication, ensuring appropriate accommodations, and conducting regular drills and practice sessions. Collaboration between educators, emergency management personnel, and families is essential to ensure the safety and well-being of students with disabilities during a disaster. 

Here are some reasons why they may be more vulnerable:

  1. Communication barriers: Special education students may have difficulty understanding and following instructions during an emergency situation. They may struggle to communicate their needs or understand the information provided by authorities.
  2. Mobility limitations: Some special education students may have physical disabilities or mobility limitations, making it challenging for them to evacuate or move quickly during a disaster.
  3. Sensory issues: Students with sensory processing disorders or sensitivities may become overwhelmed by the loud noises, bright lights, or chaotic environment during a disaster, which can hinder their ability to respond appropriately.
  4. Lack of awareness: Special education students may have limited knowledge or understanding of emergency procedures and may not be adequately prepared for a disaster. This lack of awareness can increase their vulnerability.
  5. Dependence on others: Many special education students rely on support staff or caregivers for assistance with daily activities. During a disaster, if these individuals are not available or unable to provide support, the students may struggle to navigate the situation independently.
  6. Evacuation challenges: Special education students may require specialized equipment, such as wheelchairs or communication devices, which can complicate the evacuation process. If proper accommodations are not in place, their safety may be compromised.

There are several reasons why schools may face barriers to implementing safety evacuation plans for students with disabilities, including:

  1. Lack of resources: Schools may argue that they do not have the necessary resources or staff to effectively implement and execute safety evacuation plans for students with disabilities. This could include a lack of trained personnel, specialized equipment, or funding to accommodate the unique needs of these students during an emergency.
  2. Legal concerns: Schools may be concerned about potential legal liabilities associated with implementing safety evacuation plans for students with disabilities. They may fear that if something goes wrong during an evacuation, they could be held responsible for any harm or injuries that occur.
  3. Time constraints: Developing and implementing safety evacuation plans for students with disabilities may require additional time and effort from school staff. Schools may argue that they already have a busy schedule and limited resources, making it difficult to allocate the necessary time and attention to create and practice these plans.
  4. Lack of awareness or understanding: Some schools may simply lack awareness or understanding of the specific needs and challenges faced by students with disabilities during emergency situations. This lack of knowledge may lead to reluctance to develop and implement appropriate safety evacuation plans.
  5. Resistance to change: Schools may resist implementing safety evacuation plans for students with disabilities due to a resistance to change or a belief that their current emergency procedures are sufficient for all students, regardless of their abilities.

It is important to note that while these reasons may explain why some schools have not yet created safety evacuation plans for students with disabilities, schools should strive to create inclusive and accessible emergency plans that address the unique needs of all students, including those with disabilities.  

For parents or caregivers wanting to learn more about adding an emergency plan in their child’s IEP, visit: https://www.disabilityrightsca.org/publications/emergency-plans-for-ieps 

 

Addressing the Significant Shortage of Special Education Teachers in California

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

The shortage of special education teachers in California is a significant issue. According to the California Department of Education (CDE), there has been a consistent shortage of special education teachers in the state for several years. The shortage is particularly acute in certain regions, such as rural areas and low-income communities.

Several factors contribute to the shortage of special education teachers in California. These include:

  • HIGH DEMAND: The number of students requiring special education services has been increasing in recent years, leading to a higher demand for special education teachers.
  • HIGH TURNOVER: Special education teachers often face challenging working conditions, including large caseloads, paperwork burdens, and limited resources. These factors contribute to high turnover rates, making it difficult to retain experienced teachers.
  • LACK OF QUALIFIED CANDIDATES: There is a limited pool of qualified candidates for special education teaching positions. Many individuals may choose to pursue other teaching specialties or careers due to the unique challenges and demands of special education.
  • CREDENTIALING REQUIREMENTS: Obtaining a special education teaching credential in California can be a lengthy and complex process, which may deter potential candidates from pursuing a career in special education.

The shortage of special education teachers has significant implications for students with disabilities, as it can lead to larger teacher-to-student class size ratios, reduced access to specialized services, and increased workload for existing teachers. Efforts are being made to address the shortage, including recruitment initiatives, financial incentives, and streamlined credentialing processes. However, the shortage remains a pressing issue in California’s education system.

State Superintendent Tony Thurmond will convene a “Teacher Recruitment Summit” on August 14, 2023, from 11:00 a.m. to 1:00 p.m. at the California Department of Education and is expected to announce the launch of a Statewide Recruitment Coalition. Click HERE to learn more about the summit and register to attend virtually.

If you have a passion for teaching children, contact the CDE for information on how to become a teacher https://www.cde.ca.gov/ci/be/become-a-teacher.asp

We look forward to working with CDE to find viable solutions to address the special education staffing shortage.

School Safety Emergency Plans for Students with Disabilities – An Overwhelming Concern for Families According to Survey

By Jim Frazier, Public Policy Director, The Arc / UCP California Collaboration

Believe it or not, there is no state requirement for K-12 schools to create and maintain a documented plan in emergency situations for students with disabilities, despite an overwhelming concern by parents of students with disabilities. As captured in a recent survey by The Arc & UCP California Collaboration, parents are extremely concerned about the safety of their child with a disability. Still, only 8% of the respondents have been provided documents about how their child with a disability would be accommodated in a school emergency, evacuation, or disaster.

Having an assessment of each child’s needs in the event of an emergency or disaster is common sense, and the plan should be known by teachers, and school administration and made readily accessible to first responders. This is why The Arc & UCP California Collaboration strongly supports SB 323 by Senator Portantino (D – Pasadena/Foothills), which proposes to require an emergency plan for students with disabilities.

Unfortunately, the bill encountered opposition and was amended, so schools are required to make only minimal changes to existing emergency plans.  The bill will be heard by Assembly Member Al Muratsuchi in the Assembly Education Committee when the legislature reconvenes, and we are urging the committee to amend the bill again to create stronger requirements and protections for our students with disabilities.

You can support this effort by clicking HERE to contact Assemblyman Muratsuchi by phone or an online form, and stating why you believe SB 323 should include more robust protections for students with disabilities and that California schools should be required to create a personalized emergency plan for those students.  Let’s make this happen!

California Students Pre-K Through Third Grade are Potentially Excluded from Inclusive Settings Due to Existing Barriers, According to New Report from The California Department of Education

California lags far behind the national average when getting students aged 3-5 into inclusive settings.  In our state, only 29% of those students are in an inclusive, regular early childhood program, compared to 40% nationwide.  Instead, California places a much higher percentage of young students in segregated settings.

A new report by the California Department of Education, Special Education Division identifies several potential barriers to inclusion that exist in our schools and systems, including:

  • Mindsets and attitudes vary regarding the inclusion of students with disabilities and how to meet their needs in inclusive programs. These mindsets may influence decisions about resource allocation, including staffing, class size, and placements.
  • Multilingual learners may not have access to appropriate, culturally relevant, and sustaining curriculum or trained staff.
  • There are differences in local education agency (LEA) practices coordinating fiscal resources to create more inclusive preschool through third grade (P–3) environments for students with disabilities.
  • Meaningful differences exist in LEA fiscal practices for budgeting and planning and mindsets around budget priorities and which resources may be used to support inclusive special education programs.
  • LEA efforts to prepare general and special education teachers and administrators with shared/collaborative professional learning opportunities focused on best practices for inclusion vary due to fiscal and time constraints.

The report adds suggested recommendations to each barrier.  The Arc of California believes, however, that the most critical component in overcoming exclusion in schools is to make the voice of the parents heard throughout the educational system.

First-Ever Drop in National Student Scores Shows Students with Disabilities impacted Worst by Pandemic

By Jordan Lindsey, Executive Director, The Arc of California

Last week’s release of scores on what is known as the nation’s report card – the National Assessment of Educational Progress showed dismal but not unexpected findings, including the first-ever drop in math scores (seven points) for nine-year-old students, along with the steepest drop (five points) in reading scores since the 1980s. Tragically, students with disabilities demonstrated even more regression, dropping seven points in reading and eight points in math. In total, the drop in scores now equals the scores from the early 2000s. In other words, we have lost 20 years of educational progress due to the pandemic.

National Assessment of Educational Progress (NAEP) is a congressionally mandated program that is administered by the National Center for Education Statistics within the US Department of Education. It is an assessment given to 4th, 8th, and 12th graders nationwide. NAEP conducted a special assessment to see how students scores in reading and math changed from 2020 to 2022—the test was given to students, aged 9 (approximately 4th grade). Overall, lower-performing students had more significant drops in scores than students performing at higher levels.

The report does not address factors or reasons for the drop in scores (which may include the impacts of distance learning, mental health challenges, children who lost a parent due to COVID, financial strains due to a parent losing employment, or many other factors), nor does it address future impacts of lower scores. This article, however, from KQED presents many considerations of the implications.

The Arc of California is committed to improving our education system for students with disabilities and fighting for equity and inclusion in our schools. This report emphasizes the extra support that this generation will need and the advocacy efforts that will be needed to address long-term impacts.

Up-Coming Advisory Committee on Special Education Meeting – Important Updates

The Advisory Committee on Special Education (ACSE) is an advisory body required under federal law that provides recommendations and advice to the State Board of Education, the State Superintendent of Public Instruction, the Legislature, and the Governor in new or continuing area of research, program development, and evaluation of CA special education. The ACSE is scheduled to meet next Wednesday June 16, 2021. The Special Education Mental Health Committee (SEMHC)will meet from 9:00 – 9:30 to discuss several important issues including goals for the SEMHC, Mental Wellness Bill of Rights for All Children, Whole Child and Family Engagement in Community Schools., and Local Educational Agency Expansion of Medi-Cal Billing. The Operations and Planning Committee will discuss the annual report and in-person meetings. The full Commission will meet beginning at 10:00 and provide important updates regarding the California Special Education Governance and Accountability Study and California State Budget for Special Education. The ACSE will also hold their annual election for the Chair and Vice-Chair positions.

The proposed state budget seeks to make significant investments in special education which is particularly important as we know many special education students will need additional resources to help mitigate learning loss experienced as a result of distance learning and challenges associated with the COVID-19 pandemic. Public input is very important to the ACSE as it helps shape their recommendations to the Legislature and the Governor. To learn more about the upcoming meeting and how to engage in public comment visit: https://www.cde.ca.gov/sp/se/as/acseag0621.asp

 

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