6 Ways New California Legislation Impacts Special Education

In the fall of 2024, California Governor Gavin Newsom signed into law a series of bills designed to improve the lives of individuals with developmental disabilities and their families. Here are six essential updates related to special education.

1. Translation of the standardized IEP template into 10 languages

Building on existing legislation and funding to create a state-standardized Individualized Education Program (IEP) template, SB 445 (“Special education: standardized individualized education program template: translation”) requires the California Department of Education (CDE) to translate the IEP template into the top 10 most commonly spoken languages used across the state other than English. The translation must be available on the internet by January 1, 2027, or no later than 18 months after the IEP template is converted to a digital platform.

2. Outlawing of prone restraints for students

Max Benson’s Law is named after a student who died after being restrained in a prone position at school, even after an earlier bill had limited use of prone restraint to emergency situations. SB 483 (“Pupil rights: prone restraint”) outlaws—without exceptions—prone restraints in California public schools, non-public schools, and agencies.

3. Earlier postsecondary transition planning and supports

Effective July 1, 2025, AB 438 (“Pupils with exceptional needs: individualized education programs: postsecondary goals and transition services”) imposes additional requirements on local educational agencies in relation to IEPs.

This bill will require an IEP to include appropriate, measurable postsecondary goals and transition services starting in high school (going into the 9th grade) and not later than the first IEP after age 16 (see our article about Individual Transition Plans; ITPs).

If the IEP team determines that the student would benefit from the postponement of the ITP until 16 years of age, rather than in 9th grade, the IEP team is encouraged to appropriately justify the basis for that postponement. IEPs for grades 7 to 12 must include any alternative means and modes of instruction necessary for the student to complete the district’s prescribed course of study and to meet or exceed proficiency standards for graduation.

4. Better inclusion and communication access for Deaf, hard of hearing, and blind students

AB 1938 (“Special education: inclusion and universal design for learning”) requires that local education authorities implementing inclusion and universal design for learning initiatives for ages 0–22 consider the full language access needs of children who are Deaf, hard of hearing, or Deafblind. This includes language and communication needs, opportunities for direct communications with peers and professional personnel in the student’s language and communication mode, academic level, and opportunities for direct instruction in the student’s language and communication mode.

The new law also recommends reviewing available placements and services, including those provided by the school district, a county office of education, a regional program, a nonpublic school or agency, and the California School for the Deaf.

5. “Emotional disability” included as IEP eligibility

The term “emotional disturbance”—one of the thirteen federal categories for eligibility for an IEP—may also be known as “emotional disability” under AB 2173 (“Special education: emotional disability”).

6. Consistent special education services for foster children

AB 723 (“Pupil placement: special education: foster children: nonpublic, nonsectarian schools or agencies: school of origin”) expands the definition of “school of origin” for foster children who are also students with exceptional needs—now including certified nonpublic, nonsectarian schools they attend. Beginning in the 2024–2025 school year, any such school seeking certification must agree in writing to serve as the school of origin for foster children it educates, allowing these students to continue attending despite any changes in foster care placement.

Download our free IEP prep packet, which will help you prepare for your next IEP meeting and advocate for your child with confidence. And check out the related resources below for more resources related to special education and funding.