The California Association of Parent Attorneys and Advocates (CAPCA) has submitted a position letter opposing Senate Bill 685 unless it is amended, raising concerns that portions of the proposed legislation could unintentionally reduce access to appropriate out-of-state residential treatment center (RTC) placements for California students with disabilities.
For many California families, access to an out-of-state residential placement is not simply another educational option. It is the only option capable of meeting a student’s unique educational and therapeutic needs. Reducing access not only disadvantages those students but could also interfere with their federally protected right to appropriate education.
Under the Individuals with Disabilities Education Act (IDEA), eligible children with disabilities have the right to a free appropriate public education (FAPE) designed to meet their individual needs. Public schools must provide special education and related services through an Individualized Education Plan (IEP) that identifies the services, supports, and educational placement appropriate for each student.
Education rights attorney and CAPCA member Jennifer Chang regularly represents students whose disabilities require services that are unavailable within California. In those cases, an out-of-state residential placement may be the only setting that allows a child to receive the FAPE guaranteed under federal law. Although California offers a wide range of special education programs, some students have academic, behavioral, or therapeutic needs that no in-state placement can meet.
For these families, the search is rarely about finding the most convenient placement. It is about finding one that can provide the services and support their child needs.
CAPCA’s Concerns About SB 685
CAPCA has identified two sections of SB 685 that could further limit the already narrow pool of out-of-state residential placements available to California students with disabilities.
Section 36 would require educators at out-of-state nonpublic schools serving California students to obtain California teaching credentials, even when they are appropriately licensed in the state where they teach. CAPCA warns that the additional requirement could discourage qualified programs from accepting California students, further reducing options for students with complex educational and therapeutic needs.
Section 34 would require school districts to identify an anticipated date for a student’s return to California when making an out-of-state placement. CAPCA argues that an IEP team often cannot predict when a student will be ready to transition. Educational progress, treatment needs, safety, and the availability of a suitable in-state program all factor into that decision.
CAPCA is asking lawmakers to amend both provisions so SB 685 can strengthen oversight without creating new barriers to the residential programs some students need.
How This Can Impact Families
Jennifer Chang has represented many families whose children require out-of-state residential placements because the services they need are not available in California. In many cases, families reach this point only after in-state programs have declined the student or determined they cannot appropriately meet the child’s needs.
Without access to qualified out-of-state programs, some students may face delays in receiving needed services, interruptions in their education, or placement in programs that cannot provide the level of support they require.
For families already navigating the difficult process of finding the right educational setting for their child, SB 685 could further narrow their options. Preserving access to out-of-state residential programs when necessary helps ensure that placement decisions remain focused on the individual student and the education and support they need.