BILL NUMBER: AB 1795 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2000
AMENDED IN SENATE MAY 25, 2000
AMENDED IN ASSEMBLY APRIL 10, 2000
AMENDED IN ASSEMBLY MARCH 14, 2000
INTRODUCED BY Assembly Member Dutra
JANUARY 27, 2000
An act to amend Sections 2572, 44903.7, 48902, 48904.3, 48911,
56001, 56026, 56043, 56100, 56129, 56140, 56170, 56171, 56173,
56195.7, 56200, 56207, 56326, 56341.5, 56345, 56347, 56361, 56367,
56425.5, 56426, 56426.1, 56426.3, 56426.4, 56426.6, 56426.7, 56426.8,
56426.9, 56427, 56428, 56429, 56430, 56431, 56432, 56473, 56475,
56600, 56602, 56605, 56606, 56836.01, 56836.23, 56884, 59201, 59203,
59204.5, 59210, 59211, 60061, 60240, and 60313 of, to add Sections
48915.55, 48927, 56026.1, 56170.5, 56174.5, 56174.6, 56304, 56341.1,
56426.10, 56426.35, 56476, 56477, 56478, 56479,
56500.4, 56500.5, 56500.6, 56522, 56600.6, and 56600.7 to, to repeal
Sections 48915.6, 56600.5, 56603, 59223 and 62000.8 of, and to repeal
and add Sections 48915.5, 56341, 56426.5, 56500.2, and 59220 of,
the Education Code, and to amend Sections 7579 and 7579.5 of, and to
add Section 7572.2 to, the Government Code, relating to special
education, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1795, as amended, Dutra. Special education.
(1) Existing law sets forth a method of computing the amount of
property tax revenues to be allocated to special education programs.
This bill would provide that if the amount computed pursuant to
the formula exceeds the total amount necessary for the county
superintendent of schools to operate special education programs, the
county superintendent shall allocate the excess amount to special
education local plan areas on the basis of the units of average daily
attendance reported by the special education local plan area.
(2) Existing law provides for certain rights to be retained by
certificated employees in the event of changes caused by the
reorganization of special education programs pursuant to a statute
enacted in 1980.
This bill would instead provide for those rights to be retained in
the event of any reorganization of special education programs.
(3) Existing law requires school districts, county offices of
education, and special education local plan areas to comply with
state laws that conform to the federal Individuals with Disabilities
Education Act, in order that the state may qualify for federal funds
available for the education of individuals with exceptional needs.
This bill would require a principal or a principal's designee
reporting a criminal act by an individual with exceptional needs, as
defined, to ensure that copies of the special education and
disciplinary records of the pupil are transmitted pursuant to the
Individuals with Disabilities Education Act.
(4) Existing law sets forth requirements for the suspension and
expulsion of individuals with exceptional needs.
This bill would delete those provisions and replace them with new
provisions relating to the suspension and expulsion of individuals
with exceptional needs.
(5) Existing law establishes the California School for the Blind
and the California Schools for the Deaf.
This bill would provide that the provisions of state law relating
to suspension and expulsion of pupils apply to pupils attending the
California School for the Blind and the California Schools for the
Deaf.
(6) Existing law defines individuals with exceptional needs as
coming within certain age categories.
This bill would provide that an individual with exceptional needs
who graduates from high school with a regular high school diploma no
longer is eligible for special education and related services.
(7) Existing law requires the State Board of Education to adopt
criteria and procedures for the review and approval of local plans.
Existing law provides that local plans may be approved by the State
Board of Education for up to 4 years.
This bill would delete the provision in existing law authorizing
local plans to be approved for up to 4 years.
(8) Existing law requires the Superintendent of Public Instruction
to maintain the state special schools so that the services of those
schools are coordinated with the services of the school district,
special education local plan area, or the county office of education.
This bill would also require that the Superintendent of Public
Instruction maintain diagnostic centers.
(9) Existing law requires each special education local plan area,
county office of education, or school district to make provision for
the participation of private school children with disabilities in
special education programs by providing them with special education
and related services.
This bill would include children with disabilities enrolled by a
parent or guardian in private preschools in this program. The bill
would authorize the use of federal funds to make public school
personnel available in other than public facilities to the extent
necessary to provide services for private school children with
disabilities. The bill would provide that private school children
with disabilities may receive a different amount of services than
individuals with exceptional needs in public school and that no
private school child with a disability is entitled to any amount of
service the child would receive if enrolled in a public school. The
bill would provide a method for deciding the services that will be
provided to private school children with disabilities. The bill
would require that each private school child with a disability have a
services plan describing the specific special education and related
services available.
(10) Existing law permits a pupil to be referred, as appropriate,
for further assessment and recommendations to the California Schools
for the Deaf or Blind or the diagnostic centers.
This bill would authorize referral for further assessment and
recommendations to the assessment centers at the California Schools
for the Deaf or Blind or the diagnostic centers pursuant to
regulations developed by the Superintendent of Public Instruction.
(11) Existing law requires that each meeting to develop, review,
or revise the individualized education program of an individual with
exceptional needs be conducted by an individualized education program
team and include certain representatives.
This bill would delete this provision and replace it with another
similar provision, pertaining to the individualized education program
team, but would include the pupil's regular education teacher. The
bill would revise other requirements relating to the individualized
education program.
(12) Existing law requires each district, special education local
plan area, or county office, prior to the placement of an individual
with exceptional needs, to ensure that the teachers be knowledgeable
of the content of the individualized education program.
This bill would require that each teacher be informed of his or
her specific responsibilities related to the implementing of the
individualized education program.
(13) Existing law provides for an early education program that
includes services specially designed to meet the unique needs of
infants, from birth to 3 years of age, and their families.
This bill would require early childhood special education services
to include services specially designed to meet the unique needs of
infants and toddlers.
(14) Existing law provides that the diagnostic centers have for
their object the diagnosis, treatment, and education of disabled
children and provide temporary residence for children.
This bill would, instead, provide that the diagnostic centers
provide services, including pupil assessment, consultation, technical
assistance, and training, to school districts, county offices of
education, and special education local plan areas.
(15) Existing law provides that the Superintendent of Public
Instruction, in relation to the diagnostic centers, fix the
compensation of teachers, determine vacations of teachers, and
contract with the University of California or other hospitals for
treatment centers for disabled children.
This bill would eliminate these provisions.
(16) Existing law authorizes the Superintendent of Public
Instruction, in cooperation with an accredited college or university,
to authorize the diagnostic centers to establish and maintain
teacher training courses designed to prepare teachers to instruct
disabled children in special classes in the public school system.
Existing law authorizes the diagnostic centers to enter into one or
more agreements with universities or colleges as a teacher training
educational institution.
This bill, instead, would authorize the Superintendent of Public
Instruction on behalf of the diagnostic centers to enter into one or
more agreements with universities or colleges as a teacher training
educational institution.
(17) Existing law provides that residents of the state are
entitled to free services of the diagnostic centers. Existing law
provides that nonresidents may be admitted to a diagnostic center
upon paying.
This bill would, instead, provide that pupils residing in the
state be accepted by a diagnostic center pursuant to criteria adopted
by the Superintendent of Public Instruction.
(18) Existing law requires the Superintendent of Public
Instruction to allow to the diagnostic centers an amount not to
exceed $389 per fiscal year per unit of average daily attendance.
This bill would delete this provision.
(19) Existing law requires the Superintendent of Public
Instruction and other state agencies to develop written interagency
agreements or adopt joint regulations that include fiscal
responsibilities for the provision of special education and related
services to individuals with exceptional needs.
This bill would require interagency agreements regarding financial
issues related to special education services and provide for dispute
resolution procedures related to the interagency agreements. The
bill would also provide that all state and local agencies providing
special education services would be governed by certain procedural
safeguard provisions.
(20) Existing law requires all procedural safeguards under the
federal Individuals with Disabilities Education Act to be established
and maintained by each noneducational and educational agency that
provides education, related services, or both, to children who are
individuals with exceptional needs. Existing law also establishes
procedural safeguards and dispute resolution procedures related to
special education disputes.
This bill would add substantive provisions relating to notice
requirements that conform to the federal Individuals with
Disabilities Education Act. The bill would also prohibit any
education agency from retaliating against an individual who files any
complaint or a request for a due process hearing, and would require
the State Department of Education to investigate any report of
retaliation.
(21) Existing federal and state laws use the terms "functional
analysis assessment" and "functional behavioral assessment."
This bill would define the term "functional behavioral assessment"
for these purposes.
(22) Existing law requires the Superintendent of Public
Instruction to develop an annual program evaluation plan and report
of special education programs for submission to the State Board of
Education. Existing law also requires the superintendent to submit
to the board, not later than July 1, 1989, an evaluation plan for
special education.
This bill would repeal the latter provision. The bill would
require the superintendent to ensure that pupil and program
performance results are monitored at the state and local levels, to
design and implement a statewide special education program.
(23) Existing law requires the Superintendent of Public
Instruction to submit an annual evaluation of special education
programs to the State Board of Education, the Legislature, and the
Governor, and sets forth requirements regarding the evaluation.
This bill would instead require the submission of the evaluation
every 2 years, in accordance with federal law, and would delete the
requirements regarding the evaluation.
(24) Existing law requires the Superintendent of Public
Instruction to sponsor or conduct workshops and seminars periodically
for the education of local education agency personnel assigned to,
and responsible for, the evaluation of local special education
programs.
This bill would authorize the superintendent, alternatively, to
provide information for the education of local education agency
personnel assigned to, and responsible for, the evaluation of local
special education programs.
(25) Existing law requires a publisher or manufacturer of
instructional materials to provide to the state, at no cost, the
right to transcribe, reproduce, and distribute the material in
braille, large print, recordings, or other accessible media for use
by pupils with visual disabilities. Existing law requires that this
right include computer diskette versions of print materials if made
available to any other state, and those corrections and revisions as
may be necessary.
This bill would delete the provision that requires a
publisher or manufacturer to provide computer diskette versions of
print material if made available to any other state , and
instead, provide that require
computer files or other electronic versions of each state adopted
literary title to be provided to the state at no
cost within a timely basis and would require
that computer files or other electronic versions to maintain
the structural integrity of the standard instructional materials, be
compatible with commonly used braille translation and speech
synthesis software, and include corrections and revisions as may be
necessary of nonliterary titles, including science and
math, be provided when technology is available to convert those
materials. The bill would require the state to certify to the
publisher or manufacturer, among other things, that electronic or
printed instructional materials provided to the state will be used
solely for pupils who have disabilities that prevent the use of
standard instructional materials .
(26) Existing law requires the State Board of Education to
encumber part of the State Instructional Materials Fund to pay for
accessible instructional materials to accommodate pupils with visual
disabilities.
This bill would also require the State Board of Education to
encumber part of the State Instructional Materials Fund to pay for
accessible instructional materials to accommodate pupils with other
disabilities who are unable to access the general curriculum.
(27) Existing law requires the Superintendent of Public
Instruction to maintain a central clearinghouse-depository for the
design, production, and distribution of braille, large print, special
recordings and other accessible versions of instructional materials
for use by pupils with visual impairments.
This bill would require assistive devices placed in the depository
to consist of those designed for use by pupils with visual
impairments or other disabilities that prevent the use of standard
instructional materials and who may require their use as determined
by the State Board of Education.
(28) Existing law establishes a sunset date of June 30, 2000, for
the special education program.
This bill would delete the provision establishing a sunset date.
(29) Existing law requires each special education local plan area
submitting a local plan to the Superintendent of Public Instruction
under the provisions relating to special education to demonstrate in
accordance with the Individuals with Disabilities Education Act that
it has in effect policies, procedures, and programs that are
consistent with state laws, regulations, and policies governing
special education.
This bill would also make other technical and substantive changes
to provisions of law relating to special education to conform those
provisions with state law relating to special education and the
Individuals with Disabilities Education Act.
(30) This bill would impose a state-mandated local program by
imposing new duties on local education agencies in conformance with
the Individuals with Disabilities Education Act and other
requirements in this act pertaining to individuals with exceptional
needs.
(31) Existing law requires all information and records obtained in
the course of providing certain services to voluntary or involuntary
recipients of services to be confidential.
This bill would require medical, psychological, and treatment
records maintained by other public agencies that are necessary in the
identification, assessment, and placement of individuals with
exceptional needs to be made available within 10 business days upon
receipt of a written request by a special education administrator, if
a parent or guardian, emancipated pupil, or adult pupil consents to
disclosure of the records.
(32) Existing law establishes procedures related to the placement
of a child who is seriously emotionally disturbed or disabled.
This bill would set forth provisions regarding the financial
responsibility of special education local plan areas and public
agencies for the funding of the educational costs of placement of a
child who is seriously emotionally disturbed or disabled.
(33) Existing law prohibits an employee of a public or private
agency that is involved in the education or care of a child from
serving as a surrogate parent or guardian of the child. Existing law
also prohibits an individual who would have a conflict of interest
in representing a child from being appointed the child's surrogate
parent or guardian.
This bill would require an adult designated by a parent or
guardian of an individual with exceptional needs to represent the
interests of the child for educational and related services to
decline the role if representing the child's interests creates a
conflict of interest and would prohibit an adult who would have a
conflict of interest in representing the child from soliciting the
parent or guardian to represent the child or suggesting that
representation.
(34) 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 no reimbursement is required by this
act for a specified reason.
(35) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2572 of the Education Code is amended to read:
2572. The product computed pursuant to subdivision (c) of Section
2571 is the amount of property tax revenues to be allocated to
special education local plan areas in which the county superintendent
operates special education programs for the purpose of operating
those programs. This amount shall be subtracted pursuant to
subdivision (c) of Section 56836.08. If the amount computed pursuant
to subdivision (c) of Section 2571 exceeds the total amount
necessary for the county superintendent to operate special education
programs, the county superintendent shall allocate the excess amount
to special education local plan areas within the county on the basis
of the units of average daily attendance reported for the special
education local plan areas, as defined in Section 56836.06, for the
current fiscal year.
SEC. 2. Section 44903.7 of the Education Code is amended to read:
44903.7. When a local plan for the education of individuals with
exceptional needs is developed or revised pursuant to Chapter 2.5
(commencing with Section 56195) of Part 30, the following provisions
shall apply:
(a) Whenever any certificated employee, who is performing service
for one employer, is terminated, reassigned, or transferred, or
becomes an employee of another employer because of the reorganization
of special education programs, the employee shall be entitled to the
following:
(1) The employee shall retain the seniority date of his or her
employment with the district or county office from which he or she
was terminated, reassigned, or transferred, in accordance with
Section 44847. In the case of termination, permanent employees shall
retain the rights specified in Section 44956 or, in the case of
probationary employees, Sections 44957 and 44958, with the district
or county office initiating the termination pursuant to Section
44955.
(2) The reassignment, transfer, or new employment caused by the
reorganization of special education programs shall not affect the
seniority or classification of certificated employees already
attained in any school district that undergoes the reorganization.
These employees shall have the same status with respect to their
seniority or classification with the new employer, including time
served as probationary employees. The total number of years served
as a certificated employee with the former district or county office
shall be credited, year for year, for placement on the salary
schedule of the new district or county office.
(b) All certificated employees providing service to individuals
with exceptional needs shall be employed by a county office of
education or an individual school district. Special education local
plan areas or responsible local agencies resulting from local plans
for the education of individuals with exceptional needs formulated in
accordance with Part 30 (commencing with Section 56000) shall not be
considered employers of certificated personnel for purposes of this
section.
(c) Subsequent to the reassignment or transfer of any certificated
employee as a result of the reorganization of special education
programs, that employee shall have priority, except as provided in
subdivision (d), in being informed of and in filling certificated
positions in special education in the areas in which the employee is
certificated within the district or county office by which the
certificated employee is then currently employed. This priority
shall expire 24 months after the date of reassignment or transfer,
and may be waived by the employee during that time period.
(d) A certificated employee who has served as a special education
teacher in a district or county office and has been terminated from
his or her employment by that district or county office pursuant to
Section 44955, shall have first priority in being informed of and in
filling vacant certificated positions in special education, for which
the employee is certificated and was employed, in any other county
office or school district that provides the same type of special
education programs and services for the pupils previously served by
the terminated employee. For a period of 39 months for permanent
employees and 24 months for probationary employees from the date of
termination, the employee shall have the first priority right to
reappointment as provided in this section, if the employee has not
attained the age of 65 years before reappointment.
SEC. 3. Section 48902 of the Education Code is amended to read:
48902. (a) The principal of a school or the principal's designee
shall, prior to the suspension or expulsion of any pupil, notify the
appropriate law enforcement authorities of the county or city in
which the school is situated, of any acts of the student which may
violate Section 245 of the Penal Code.
(b) The principal of a school or the principal's designee shall,
within one schoolday after suspension or expulsion of any pupil,
notify, by telephone or any other appropriate method chosen by the
school, the appropriate law enforcement authority of the county or
the school district in which the school is situated of any acts of
the students which may violate subdivision (c) or (d) of Section
48900.
(c) Notwithstanding subdivision (b), the principal of a school or
the principal's designee shall notify the appropriate law enforcement
authorities of the county or city in which the school is located of
any acts of a student that may involve the possession or sale of
narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code.
(d) A principal, the principal's designee, or any other person
reporting a known or suspected act described in subdivision (a) or
(b) is not civilly or criminally liable as a result of making any
report authorized by this article unless it can be proven that a
false report was made and that the person knew the report was false
or the report was made with reckless disregard for the truth or
falsity of the report.
(e) The willful failure to make any report required by this
section is an infraction punishable by a fine to be paid by the
principal or principal's designee who is responsible for the failure
of not more than five hundred dollars ($500).
(f) A principal of a school or the principal's designee reporting
a criminal act committed by a schoolage individual with exceptional
needs, as defined in Section 56026, shall ensure that copies of the
special education and disciplinary records of the pupil are
transmitted, pursuant to paragraph (9) of subsection (k) of Section
1415 of Title 20 of the United States Code, for consideration by the
appropriate authorities to whom he or she reports the criminal act.
Copies of the pupil's special education and disciplinary records may
be transmitted only to the extent that the transmission is permitted
by the Family Educational Rights and Privacy Act (20 U.S.C. Sec.
1232g et seq.).
SEC. 4. Section 48904.3 of the Education Code is amended to read:
48904.3. (a) Upon receiving notice that a school district has
withheld the grades, diploma, or transcripts of any pupil pursuant to
Section 48904, any school district to which the pupil has
transferred shall likewise withhold the grades, diploma, or
transcripts of the pupil as authorized by that section, until the
time it receives notice, from the district that initiated the
decision to withhold, that the decision has been rescinded under the
terms of that section.
(b) Any school district that has decided to withhold a pupil's
grades, diploma, or transcripts pursuant to Section 48904 shall, upon
receiving notice that the pupil has transferred to any school
district in this state, notify the parent or guardian of the pupil in
writing that the decision to withhold will be enforced as specified
in subdivision (a).
(c) For purposes of this section and Section 48904, "school
district" is defined to include any county superintendent of schools
and any state special school as described in subdivision (a) of
Section 48927.
SEC. 5. Section 48911 of the Education Code is amended to read:
48911. (a) The principal of the school, the principal's designee,
or the superintendent of schools may suspend a pupil from the school
for any of the reasons enumerated in Section 48900, and pursuant to
Section 48900.5, for no more than five consecutive schooldays.
(b) Suspension by the principal, the principal's designee, or the
superintendent of schools shall be preceded by an informal conference
conducted by the principal or the principal's designee or the
superintendent of schools between the pupil and, whenever
practicable, the teacher, supervisor, or school employee who referred
the pupil to the principal, the principal's designee, or the
superintendent of schools. At the conference, the pupil shall be
informed of the reason for the disciplinary action and the evidence
against him or her and shall be given the opportunity to present his
or her version and evidence in his or her defense.
(c) A principal, the principal's designee, or the superintendent
of schools may suspend a pupil without affording the pupil an
opportunity for a conference only if the principal, the principal's
designee, or the superintendent of schools determines that an
emergency situation exists. "Emergency situation," as used in this
article, means a situation determined by the principal, the principal'
s designee, or the superintendent of schools to constitute a clear
and present danger to the life, safety, or health of pupils or school
personnel. If a pupil is suspended without a conference prior to
suspension, both the parent or guardian and the pupil shall be
notified of the pupil's right to a conference and the pupil's right
to return to school for the purpose of a conference. The conference
shall be held within two schooldays, unless the pupil waives this
right or is physically unable to attend for any reason, including,
but not limited to, incarceration or hospitalization. The conference
shall then be held as soon as the pupil is physically able to return
to school for the conference.
(d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in person
or by telephone. Whenever a pupil is suspended from school, the
parent or guardian shall be notified in writing of the suspension.
(e) A school employee shall report the suspension of the pupil,
including the cause therefor, to the governing board of the school
district or to the school district superintendent in accordance with
the regulations of the governing board.
(f) The parent or guardian of any pupil shall respond without
delay to any request from school officials to attend a conference
regarding his or her child's behavior.
No penalties may be imposed on a pupil for failure of the pupil's
parent or guardian to attend a conference with school officials.
Reinstatement of the suspended pupil shall not be contingent upon
attendance by the pupil's parent or guardian at the conference.
(g) In a case where expulsion from any school or suspension for
the balance of the semester from continuation school is being
processed by the governing board, the school district superintendent
or other person designated by the superintendent in writing may
extend the suspension until the governing board has rendered a
decision in the action. However, an extension may be granted only if
the school district superintendent or the superintendent's designee
has determined, following a meeting in which the pupil and the pupil'
s parent or guardian are invited to participate, that the presence of
the pupil at the school or in an alternative school placement would
cause a danger to persons or property or a threat of disrupting the
instructional process. If the pupil or the pupil's parent or
guardian has requested a meeting to challenge the original suspension
pursuant to Section 48914, the purpose of the meeting shall be to
decide upon the extension of the suspension order under this section
and may be held in conjunction with the initial meeting on the merits
of the suspension.
(h) Notwithstanding the rules regarding changes of placement
after 10 days as set forth in Sections 48915.5 and 48915.55, the
provisions relating to the length of disciplinary suspensions under
subdivisions (a) and (g) and subdivision (a) of Section 48903
continue to apply to individuals with exceptional needs.
(i) For the purposes of this section, a "principal's designee" is
any one or more administrators at the schoolsite specifically
designated by the principal, in writing, to assist with disciplinary
procedures.
In the event that there is not an administrator in addition to the
principal at the schoolsite, a certificated person at the schoolsite
may be specifically designated by the principal, in writing, as a
"principal's designee," to assist with disciplinary procedures. The
principal may designate only one such person at a time as the
principal's primary designee for the school year.
An additional person meeting the requirements of this subdivision
may be designated by the principal, in writing, to act for the
purposes of this article when both the principal and the principal's
primary designee are absent from the schoolsite. The name of the
person, and the names of any person or persons designated as
"principal's designee," shall be on file in the principal's office.
This section is not an exception to, nor does it place any
limitation on, Section 48903.
SEC. 6. Section 48915.5 of the Education Code is repealed.
SEC. 7. Section 48915.5 is added to the Education Code, to read:
48915.5. (a) An individual with exceptional needs, as defined in
Section 56026, may be suspended or expelled from school in accordance
with this section and Section 48915.55, as follows:
(1) (A) To the extent removal would be applied to pupils without
disabilities, an individual with exceptional needs may be removed
from the pupil's current placement for not more than 10 consecutive
schooldays for any violation of school rules, and additional removals
of not more than 10 consecutive schooldays in the same school year
for separate incidents of misconduct as long as those removals do not
constitute a change of placement as described in subdivision (d).
(B) After an individual with exceptional needs has been removed
from his or her current placement for more than 10 schooldays in the
same school year, during any subsequent days of removal the local
educational agency shall provide services to the extent required
under Section 48915.55.
(2) A change in placement of an individual with exceptional needs
to an appropriate interim alternative educational setting for the
same amount of time that a pupil without a disability would be
subject to discipline, but for not more than 45 days, if either of
the following occurs:
(A) The pupil carries or possesses a weapon to or at school, on
the school premises, or to or at a school function under the
jurisdiction of a state or a local educational agency.
(B) The pupil knowingly possesses or uses illegal drugs or sells
or solicits the sale of a controlled substance while at school or a
school function under the jurisdiction of the state or local
educational agency.
(b) (1) Either before or not later than 10 business days after
either first removing the individual with exceptional needs for more
than 10 schooldays in a school year or commencing a removal that
constitutes a change of placement under subdivision (d), including
the action described in paragraph (2) of subdivision (a), the local
educational agency shall do the following:
(A) If the local educational agency did not conduct a functional
behavioral assessment and implement a behavioral intervention plan
for the pupil before the behavior that resulted in the removal
described in subdivision (a), the local education agency shall
convene an individualized education program meeting to develop an
assessment plan.
(B) If the pupil already has a behavioral intervention plan, the
individualized education program team shall meet to review the plan
and its implementation, and modify the plan and its implementation as
necessary, to address the behavior.
(2) As soon as practicable after developing the plan described in
subparagraph (A) of paragraph (1), and completing the assessments
required by the plan, the local educational agency shall convene an
individualized education program meeting to develop appropriate
behavioral interventions to address that behavior and shall implement
those interventions.
(3) Nothing in this section shall preclude a member of an
individualized education program team from requesting a functional
analysis assessment pursuant to subdivision (b) of Section 3052 of
Title 5 of the California Code of Regulations and in accordance with
the provisions of Article 2 (commencing with Section 56320) of
Chapter 4 of Part 30.
(c) (1) If an individual with exceptional needs who has a
behavioral intervention plan and who has been removed from the pupil'
s current educational placement for more than 10 schooldays in a
school year is subjected to a removal that does not constitute a
change of placement under subdivision (d), the individualized
education program team members shall review the behavioral
intervention plan and its implementation to determine if
modifications are necessary.
(2) If one or more of the individualized education program team
members believe that modifications are needed, the team shall meet to
modify the plan and its implementation, to the extent the team
determines necessary.
(d) For purposes of removal of an individual with exceptional
needs from the pupil's current educational placement under this
section, a change of placement occurs if either of the following
occurs:
(1) The removal is for more than 10 consecutive schooldays.
(2) The pupil is subjected to a series of removals that constitute
a pattern because they cumulate to more than 10 schooldays in a
school year, and because of factors such as the length of each
removal, the total amount of time the pupil is removed, and the
proximity of the removals to one another.
(e) A due process hearing officer may, pursuant to the procedures
set forth in Chapter 5 (commencing with Section 56500) of Part 30,
order a change in the placement of an individual with exceptional
needs to an appropriate interim alternative educational setting for
not more than 45 days if the due process hearing officer, in an
expedited due process hearing, does all of the following:
(1) Determines that the local educational agency has demonstrated
by substantial evidence that maintaining the current placement of the
pupil is substantially likely to result in injury to the pupil or to
others.
(2) Considers the appropriateness of the pupil's current
placement.
(3) Considers whether the local educational agency has made
reasonable efforts to minimize the risk of harm in the pupil's
current placement, including the use of supplementary aids and
services.
(4) Determines that the interim alternative educational setting
that is proposed by school personnel who have consulted with the
pupil's special education teacher, meets the requirements of
paragraph (2) of subdivision (f).
(f) (1) The interim alternative educational setting referred to in
paragraph (2) of subdivision (a) shall be determined by the
individualized education program team.
(2) Any interim alternative educational setting in which an
individual with exceptional needs is placed under paragraph (2) of
subdivision (a) or subdivision (e) shall include the following:
(A) Be selected so as to enable the pupil to continue to progress
in the general curriculum, although in another setting, and to
continue to receive those services and modifications, including those
described in the pupil's current individualized education program,
that will enable the pupil to meet the goals set out in that
individualized education program.
(B) Include services and modifications to address the behavior
resulting in the disciplinary action described in paragraph (2) of
subdivision (a) or subdivision (e), that are designed to prevent the
behavior from recurring.
(g) (1) If an action is contemplated regarding behavior resulting
in the disciplinary action described in paragraph (2) of subdivision
(a) or subdivision (e), or involving a removal that constitutes a
change of placement under subdivision (d), for an individual with
exceptional needs who has engaged in other behavior that violated any
rule or code of the local educational agency that applies to all
pupils both of the following shall occur:
(A) Not later than the date on which the decision to take that
action is made, the parents or guardians shall be notified of that
decision and provided the procedural safeguards notice described in
Section 56301.
(B) Immediately, if possible, but in no case later than 10
schooldays after the date on which the decision to take that action
is made, a review shall be conducted of the relationship between the
pupil's disability and the behavior subject to the disciplinary
action.
(2) A review described in paragraph (1) shall be conducted by the
individualized education program team and other qualified personnel
in a meeting.
(3) In carrying out a review described in subparagraph (B) of
paragraph (1), the individualized education program team and other
qualified personnel may determine that the behavior of the pupil was
not a manifestation of the pupil's disability only if the
individualized education program team and other qualified personnel
do all of the following:
(A) Consider, in terms of the behavior subject to disciplinary
action, all relevant information, including all of the following:
(i) Assessment and diagnostic results, including the results or
other relevant information supplied by the parents or guardians of
the pupil.
(ii) Observations of the pupil.
(iii) The pupil's individualized education program and placement.
(B) Determine that:
(i) In relationship to the behavior subject to disciplinary
action, the pupil's individualized education program and placement
were appropriate and the special education services, supplementary
aids and services, and behavior intervention strategies were provided
consistent with the pupil's individualized education program and
placement.
(ii) The pupil's disability did not impair the ability of the
pupil to understand the impact and consequences of the behavior
subject to disciplinary action.
(iii) The pupil's disability did not impair the ability of the
pupil to control the behavior subject to disciplinary action.
(4) If the individualized education program team and other
qualified personnel determine that any of the requirements of
subparagraph (B) of paragraph (3) were not met, the behavior shall be
considered a manifestation of the pupil's disability.
(5) The review described in subparagraph (B) of paragraph (1) may
be conducted at the individualized education program meeting that is
convened under subparagraph (A) of paragraph (1) of subdivision (b).
(6) If, in the review described in paragraphs (2) and (3), a local
educational agency identifies deficiencies in the pupil's
individualized education program or placement or in their
implementation, it shall take immediate steps to remedy those
deficiencies.
(h) (1) If the result of the review described in subdivision (g)
is a determination, consistent with paragraph (4) of subdivision (g),
that the behavior of the individual with exceptional needs was not a
manifestation of the pupil's disability, the relevant disciplinary
procedures applicable to pupils without disabilities may be applied
to the individual with exceptional needs in the same manner in which
they would be applied to pupils without disabilities, except as
provided in Section 48915.55.
(2) If a local educational agency initiates disciplinary
procedures applicable to all pupils, the agency shall ensure that the
special education and disciplinary records of the individual with
exceptional needs are transmitted for consideration by the person or
persons making the final determination regarding the disciplinary
action.
(3) Except as provided in subdivision (j), subdivision (d) of
Section 56505 shall apply if a parent or guardian requests a due
process hearing to challenge a determination, made through the review
described in subdivision (g), that the behavior of the individual
with exceptional needs was not a manifestation of the pupil's
disability.
(i) (1) If the parent or guardian of an individual with
exceptional needs disagrees with a determination that the pupil's
behavior was not a manifestation of the pupil's disability or with
any decision regarding placement under subdivisions (a) through (l),
inclusive, the parent or guardian may request a due process hearing.
(2) The state or local educational agency shall arrange for an
expedited due process hearing in any case described in paragraph (1)
if a hearing is requested by a parent or guardian.
(3) (A) In reviewing a decision with respect to the determination
of whether a behavior was a manifestation of a pupil's disability,
the due process hearing officer shall determine whether the local
educational agency has demonstrated that the pupil's behavior was not
a manifestation of the pupil's disability consistent with the
requirements of paragraph (3) of subdivision (g).
(B) In reviewing a decision under paragraph (2) of subdivision (a)
to place an individual with exceptional needs in an interim
alternative educational setting, the due process hearing officer
shall apply the standards prescribed in subdivision (e).
(j) (1) If a parent or guardian requests a due process hearing or
an appeal regarding a disciplinary action described in paragraph (2)
of subdivision (a) or subdivision (e) to challenge the interim
alternative educational setting or the determination of whether a
behavior was a manifestation of a pupil's disability, the individual
with exceptional needs shall remain in the interim alternative
educational setting pending the decision of the due process hearing
officer or until the expiration of the time period provided for in
paragraph (2) of subdivision (a) or subdivision (e), whichever occurs
first, unless the parent and the local educational agency agree
otherwise.
(2) If an individual with exceptional needs is placed in an
interim alternative educational setting pursuant to paragraph (2)
of subdivision
(a) or subdivision (e) and school personnel propose to change the
pupil's placement after expiration of the interim alternative
placement, during the pendency of any proceeding to challenge the
proposed change in placement the pupil shall remain in his or her
current placement prior to the interim alternative educational
setting, except as provided in paragraph (3).
(3) (A) If school personnel maintain that it is dangerous for the
individual with exceptional needs to be in his or her current
placement prior to the interim alternative educational setting during
the pendency of the due process proceedings, the local educational
agency may request an expedited due process hearing.
(B) In determining whether the pupil may be placed in the
alternative educational setting or in another appropriate placement
ordered by the due process hearing officer, the hearing officer shall
apply the standards in subdivision (e).
(C) A placement ordered pursuant to subparagraph (B) of paragraph
(3) may not be longer than 45 days.
(D) The procedure in paragraph (3) may be repeated, as necessary.
(k) (1) A pupil who has not been determined to be eligible for
special education and related services under Part 30 (commencing with
Section 56000) and who has engaged in behavior that violated any
rule or code of conduct of the local educational agency, including
any behavior described in subdivision (a) or subdivision (e), may
assert any of the protections provided for in Part 30 (commencing
with Section 56000) if the local educational agency had knowledge, as
determined in accordance with paragraph (2), that the pupil was an
individual with exceptional needs before the behavior that
precipitated the disciplinary action occurred.
(2) A local educational agency shall be deemed to have knowledge
that a pupil is an individual with exceptional needs if any of the
following exists:
(A) The parent or guardian of the pupil has expressed concern in
writing, or orally if the parent or guardian does not know how to
write or has a disability that prevents a written statement, to
personnel of the appropriate educational agency that the pupil is in
need of special education and related services.
(B) The behavior or performance of the pupil demonstrates the need
for these services, in accordance with Section 300.7 of Title 34 of
the Code of Federal Regulations.
(C) The parent or guardian of the pupil has requested an
assessment of the pupil pursuant to Section 56302 and Article 2
(commencing with Section 56320) of Chapter 4 of Part 30.
(D) The teacher of the pupil, or other personnel of the local
educational agency, has expressed concern about the behavior or
performance of the pupil to the director of special education of the
agency or to other personnel in accordance with the local educational
agency's established child-find or special education referral system
pursuant to Section 56301.
(3) A local educational agency shall not be deemed to have
knowledge under paragraph (2), if as a result of receiving the
information described in that paragraph, the agency performed either
of the actions set forth in subparagraph (A) and the action set forth
in subparagraph (B).
(A) (i) Conducted an assessment under Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30, and determined that the pupil
was not an individual with exceptional needs under Section 56026.
(ii) Determined that an assessment under Article 2 (commencing
with Section 56320) of Chapter 4 of Part 30 was not necessary.
(B) Provided notice to the pupil's parents or guardians of the
local educational agency's determination under subparagraph (A),
consistent with the notice of parent or guardian rights described in
Section 300.503 of Title 34 of the Code of Federal Regulations.
(4) (A) If a local educational agency does not have knowledge that
a pupil is an individual with exceptional needs in accordance with
paragraphs (2) and (3) prior to taking disciplinary measures against
the pupil, the pupil may be subjected to the same disciplinary
measures as measures applied to pupils who are not disabled who
engaged in comparable behaviors consistent with subparagraph (B).
(B) (i) If a request is made for an assessment of a pupil during
the time period in which the pupil is subjected to disciplinary
measures under subdivision (a) or (e), the assessment shall be
conducted in an expedited manner.
(ii) Until the assessment is completed, the pupil shall remain in
the educational placement determined by school authorities, which can
include suspension or expulsion without educational services.
(iii) If the pupil is determined to be an individual with
exceptional needs, taking into consideration information from the
assessment conducted by the local educational agency and information
provided by the parents or guardians, the local educational agency
shall provide special education and related services in accordance
with Part 30 (commencing with Section 56000), including the
requirements of subdivisions (a) to (l), inclusive, of this section
and the provision of a free appropriate public education pursuant to
subparagraph (A) of paragraph (1) of subsection (a) of Section 1412
of Title 20 of the United States Code.
(l) (1) Expedited due process hearings under subdivisions (e) to
(j), inclusive, shall meet both of the following requirements:
(A) (i) Except as provided in clause (ii), meet the requirements
of paragraphs (6) and (7) of subdivision (e) of Section 56505.
(ii) For purposes of expedited due process hearings under
subdivisions (e) to (j), inclusive, the time periods for exchanging
issues and their proposed resolution and the time period for
exchanging a copy of all documents and a list of all witnesses and
their general area of testimony that the parties intend to present at
the hearing shall be determined by the due process hearing office
based on factors related to the case, including the urgency of the
request and the scheduling of the hearing, and shall not be less than
two business days or more than five business days.
(B) Be conducted by a due process hearing officer who satisfies
the requirements in subdivision (a) of Section 56504.5.
(2) (A) A written decision in an expedited due process hearing
shall be mailed to the parties to a hearing within 45 days of the
written request to the Superintendent of Public Instruction for the
hearing, without exceptions or extensions. This time line is the
same for hearings requested by parents or guardians or local
educational agencies.
(B) The decisions on expedited due process hearings are appealable
consistent with subdivision (i) of Section 56505.
(m) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent or guardian.
(n) For purposes of this section, the following definitions apply:
(1) "Business day" means Monday through Friday, except for federal
and state holidays.
(2) "Controlled substance" means a drug or other substance
identified under schedule I, II, III, IV, or V in subsection (c) of
Section 812 of Title 21 of the United States Code.
(3) "Illegal drug" means a controlled substance, but does not
include a substance that is legally possessed or used under the
supervision of a licensed health care professional or that is legally
possessed or used under any other authority under any provision of
federal or state law.
(4) "Substantial evidence" means beyond a preponderance of the
evidence.
(5) "Weapon" has the meaning given the term "dangerous weapon"
under paragraph (2) of subsection (g) of Section 930 of Title 18 of
the United States Code. This provision of the United States Code
defines "dangerous weapon" to mean a weapon, device, instrument,
material, or substance, animate or inanimate, that is used for, or is
readily capable of, causing death or serious bodily injury, except
that the term does not include a pocketknife with a blade of less
than 21/2 inches in length.
SEC. 8. Section 48915.55 is added to the Education Code, to read:
48915.55. (a) A local educational agency need not provide special
education and related services during periods of removal under
paragraph (1) of subdivision (a) of Section 48915.5 to an individual
with exceptional needs who has been removed from his or her current
placement for 10 schooldays or less in that school year, if services
are not provided to a pupil without a disability who has been
similarly removed.
(b) In the case of an individual with exceptional needs who has
been removed from his or her current placement for more than 10
schooldays in that school year, the local educational agency, for the
remainder of the removals, shall do the following:
(1) Provide services to the extent necessary to enable the pupil
to progress appropriately in the general curriculum and advance
appropriately toward achieving the goals set out in the pupil's
individualized education program, if the removal is for one of the
following:
(A) Under the school personnel's authority to remove for not more
than 10 consecutive schooldays as long as that removal does not
constitute a change of placement under paragraph (2) of subdivision
(d) of Section 48915.5.
(B) For a behavior that is not a manifestation of the pupil's
disability, consistent with subdivision (h) of Section 48915.5.
(2) Provide services consistent with subdivision (f) of Section
48915.5, regarding determination of the appropriate interim
alternative educational setting, if the removal is for one of the
following:
(A) For drug or weapons offenses under subparagraph (A) or (B) of
paragraph (2) of subdivision (a) of Section 48915.5.
(B) Based on a determination by a due process hearing officer that
maintaining the current placement of the pupil is substantially
likely to result in injury to the child or to others if he or she
remains in the current placement, consistent with subdivision (e) of
Section 48915.5.
(c) (1) The principal of a school, or the principal's designee, in
consultation with the pupil's special education teacher, shall
determine the extent to which services are necessary to enable the
pupil to progress appropriately in the general curriculum and
progress appropriately toward achieving the goals set out in the
pupil's individualized education program if the pupil is removed
under the authority of school personnel to remove a pupil for not
more than 10 consecutive schooldays as long as that removal does not
constitute a change of placement under subdivision (d) of Section
48915.5.
(2) The pupil's individualized education program team shall
determine the extent to which services are necessary to enable the
pupil to progress appropriately in the general curriculum and advance
appropriately toward achieving the goals set out in the pupil's
individualized education program if the pupil is removed because of
behavior that has been determined not to be a manifestation of the
pupil's disability, consistent with subdivision (h) of Section
48915.5.
SEC. 9. Section 48915.6 of the Education Code is repealed.
SEC. 10. Section 48927 is added to the Education Code, to read:
48927. (a) This chapter applies to pupils attending the
California School for the Blind and the two California Schools for
the Deaf, which shall be referred to as the "state special schools."
(b) Because the state special schools have a governance structure
different from that of school districts, for the purposes of this
section the following definitions shall apply:
(1) "Superintendent" means the appropriate principal of the state
special school in which the pupil is enrolled, or the principal's
designee, for purposes of Sections 48900, 48900.2, 48900.3, 48900.4,
48900.5, 48900.7, 48911, and subdivisions (a) and (j) of Section
48918.
(2) "Governing board of each school district" means the
Superintendent of Public Instruction or his or her designee for
purposes of subdivision (a) of Section 48900.1, subdivision (b) of
Section 48901, subdivision (b) of Section 48901.5, Section 48907,
Section 48910, the first paragraph of Section 48918, and the first
paragraph of Section 48918.5.
(3) "Governing board" means the Superintendent of the State
Special School in which the pupil is enrolled for purposes of Section
48912, subdivision (d) of Section 48915, Section 48915.5, Section
48916, Section 48917, subdivisions (a), (c), (d), (f), (h), (i), (j),
and (k) of Section 48918, and Sections 48921, 48922, 48923, and
48924.
(4) "Governing board" means the governing board of the district of
residence of the expelled pupil for purposes of subdivision (f) of
Section 48915 and Section 48916.1. In the case of an adult pupil
expelled from a state special school, "governing board" shall mean
the governing board of the school district that referred the pupil to
the state special school for purposes of the statute cited in this
paragraph.
(5) "Superintendent of schools or the governing board" means the
appropriate principal of the state special school in which the pupil
is enrolled, or the principal's designee, for the purposes of Section
48900.6.
(6) "School district" shall mean the state special school in which
the pupil is enrolled for purposes of Section 48900.8, subdivision
(c) of Section 48903, Section 48905, Section 48909, Section 48914,
paragraph (1) of subdivision (e) of Section 48916.1, subdivision (c)
of Section 48918.5, Section 48919, Section 48920, and Section 48921.
(7) "County board of education" shall mean the Superintendent of
Public Instruction or his or her designee for purposes of Sections
48920, 48921, 48922, 48923, and 48924.
(8) "Local educational agency" includes a state special school for
purposes of subdivision (f) of Section 48902 and Section 48915.5.
(9) "A change in placement" for purposes of paragraph (2) of
subdivision (a) of Section 48915.5 means a referral by the State
Special School to the pupil's school district of residence for
placement in an appropriate interim alternative educational setting.
(10) "Individualized education program team" means the
individualized education program team of the pupil's school district
of residence with appropriate representation from the state special
school in which the pupil is enrolled for purposes of paragraph (1)
of subdivision (f) of Section 48915.5.
(11) "Individualized education program team" means the
individualized education program team of the state special school in
which the pupil is enrolled with appropriate representation from the
pupil's school district of residence for purposes of paragraphs (2),
(3), and (4) of subdivision (g) of Section 48915.5.
(c) Subdivision (b) of this section shall be deemed to provide the
same due process procedural protections to pupils in the state
special schools as afforded to pupils in the public school districts
of the state.
SEC. 11. Section 56001 of the Education Code is amended to read:
56001. It is the intent of the Legislature that special education
programs provide all of the following:
(a) Each individual with exceptional needs is assured an education
appropriate to his or her needs in publicly supported programs
through completion of his or her prescribed course of study or until
the time that he or she has met proficiency standards.
(b) By June 30, 1991, early educational opportunities shall be
available to all children between the ages of three and five years
who require special education and services.
(c) Early educational opportunities shall be made available to
children younger than three years of age pursuant to Chapter 4.4
(commencing with Section 56425), appropriate sections of this part,
and the California Early Intervention Service Act, Title 14
(commencing with Section 95000) of the Government Code.
(d) Any child younger than three years, potentially eligible for
special education, shall be afforded the protections provided
pursuant to the California Early Intervention Services Act, Title 14
(commencing with Section 95000) of the Government Code and Section
1439 of Title 20 of the United States Code and implementing
regulations.
(e) Each individual with exceptional needs shall have his or her
educational goals, objectives, and special education and related
services specified in a written individualized education program.
(f) Education programs are provided under an approved local plan
for special education that sets forth the elements of the programs in
accordance with this part. This plan for special education shall be
developed cooperatively with input from the community advisory
committee and appropriate representation from special and regular
teachers and administrators selected by the groups they represent to
ensure effective participation and communication.
(g) Individuals with exceptional needs are offered special
assistance programs that promote maximum interaction with the general
school population in a manner that is appropriate to the needs of
both, taking into consideration, for hard-of-hearing or deaf
children, the individual's needs for a sufficient number of age and
language mode peers and for special education teachers who are
proficient in the individual's primary language mode.
(h) Pupils are transferred out of special education programs when
special education services are no longer needed.
(i) The unnecessary use of labels is avoided in providing special
education and related services for individuals with exceptional
needs.
(j) Procedures and materials for assessment and placement of
individuals with exceptional needs shall be selected and administered
so as not to be racially, culturally, or sexually discriminatory.
No single assessment instrument shall be the sole criterion for
determining placement of a pupil. The procedures and materials for
assessment and placement shall be in the individual's mode of
communication. Procedures and materials for use with pupils of
limited English proficiency, as defined in subdivision (m) of Section
52163, shall be in the individual's primary language. All
assessment materials and procedures shall be selected and
administered pursuant to Section 56320.
(k) Educational programs are coordinated with other public and
private agencies, including preschools, child development programs,
nonpublic nonsectarian schools, regional occupational centers and
programs, and postsecondary and adult programs for individuals with
exceptional needs.
(l) Psychological and health services for individuals with
exceptional needs shall be available to each schoolsite.
(m) Continuous evaluation of the effectiveness of these special
education programs by the school district, special education local
plan area, or county office shall be made to ensure the highest
quality educational offerings.
(n) Appropriate qualified staff are employed, consistent with
credentialing requirements, to fulfill the responsibilities of the
local plan and positive efforts are made to employ qualified disabled
individuals.
(o) Regular and special education personnel are adequately
prepared to provide educational instruction and services to
individuals with exceptional needs.
SEC. 12. Section 56026 of the Education Code is amended to read:
56026. "Individuals with exceptional needs" means those persons
who satisfy all the following:
(a) Identified by an individualized education program team as a
child with a disability, as that phrase is defined in clause (ii) of
subparagraph (A) of paragraph (3) of Section 1401 of Title 20 of the
United States Code.
(b) Their impairment, as described by subdivision (a), requires
instruction, services, or both, which cannot be provided with
modification of the regular school program.
(c) Come within one of the following age categories:
(1) Younger than three years of age and identified by the
district, the special education local plan area, or the county office
as requiring intensive special education and services, as defined by
the State Board of Education.
(2) Between the ages of three to five years, inclusive, and
identified by the district, the special education local plan area, or
the county office pursuant to Section 56441.11.
(3) Between the ages of five and 18 years, inclusive.
(4) Between the ages of 19 and 21 years, inclusive; enrolled in or
eligible for a program under this part or other special education
program prior to his or her 19th birthday; and has not yet completed
his or her prescribed course of study or who has not met proficiency
standards, or has not graduated from high school with a regular high
school diploma.
(A) Any person who becomes 22 years of age during the months of
January to June, inclusive, while participating in a program under
this part may continue his or her participation in the program for
the remainder of the current fiscal year, including any extended
school year program for individuals with exceptional needs
established pursuant to regulations adopted by the State Board of
Education, pursuant to Article 1 (commencing with Section 56100) of
Chapter 2.
(B) Any person otherwise eligible to participate in a program
under this part shall not be allowed to begin a new fiscal year in a
program if he or she becomes 22 years of age in July, August, or
September of that new fiscal year. However, if a person is in a
year-round school program and is completing his or her individualized
education program in a term that extends into the new fiscal year,
then the person may complete that term.
(C) Any person who becomes 22 years of age during the months of
October, November, or December while participating in a program under
this act shall be terminated from the program on December 31 of the
current fiscal year, unless the person would otherwise complete his
or her individualized education program at the end of the current
fiscal year.
(D) No school district, special education local plan area, or
county office of education may develop an individualized education
program that extends these eligibility dates, and in no event may a
pupil be required or allowed to attend school under the provisions of
this part beyond these eligibility dates solely on the basis that
the individual has not met his or her goals or objectives.
(d) Meet eligibility criteria set forth in regulations adopted by
the board, including, but not limited to, those adopted pursuant to
Article 2.5 (commencing with Section 56333) of Chapter 4.
(e) Unless disabled within the meaning of subdivisions (a) to (d),
inclusive, pupils whose educational needs are due primarily to
limited English proficiency; a lack of instruction in reading or
mathematics; temporary physical disabilities; social maladjustment;
or environmental, cultural, or economic factors are not individuals
with exceptional needs.
SEC. 13. Section 56026.1 is added to the Education Code, to read:
56026.1. (a) An individual with exceptional needs who graduates
from high school with a regular high school diploma is no longer
eligible for special education and related services.
(b) For purposes of this section and Section 56026, a "regular
high school diploma" means a diploma conferred on a pupil who has
completed a prescribed course of study and has met the standards of
proficiency in basic skills prescribed by the governing board of the
school district.
SEC. 14. Section 56043 of the Education Code is amended to read:
56043. The primary timelines affecting special education programs
are as follows:
(a) A proposed assessment plan shall be developed within 15
calendar days of referral for assessment, not counting calendar days
between the pupil's regular school sessions or terms or calendar days
of school vacation in excess of five schooldays from the date of
receipt of the referral, unless the parent or guardian agrees, in
writing, to an extension, pursuant to subdivision (a) of Section
56321.
(b) A parent or guardian shall have at least 15 calendar days from
the receipt of the proposed assessment plan to arrive at a decision,
pursuant to subdivision (c) of Section 56321.
(c) A parent or guardian shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend, pursuant to subdivision (b) of Section 56341.5.
(d) An individualized education program required as a result of an
assessment of a pupil shall be developed within a total time not to
exceed 50 calendar days, not counting days between the pupil's
regular school sessions, terms, or days of school vacation in excess
of five schooldays, from the date of receipt of the parent's or
guardian's written consent for assessment, unless the parent or
guardian agrees, in writing, to an extension, pursuant to Section
56344.
(e) Beginning at age 14, and updated annually, a statement of the
transition service needs of the pupil shall be included in the pupil'
s individualized education program, pursuant to subdivision (a) of
Section 56345.1.
(f) Beginning at age 16, or younger, and annually thereafter, a
statement of needed transition services shall be included in the
pupil's individualized education program, pursuant to subdivision (b)
of Section 56345.1.
(g) A pupil's individualized education program shall be
implemented as soon as possible following the individualized
education program meeting, pursuant to Section 3040 of Title 5 of the
California Code of Regulations.
(h) An individualized education program team shall meet at least
annually to review a pupil's progress, the individualized education
program, including whether the annual goals for the pupil are being
achieved, the appropriateness of the placement, and to make any
necessary revisions, pursuant to subdivision (d) of Section 56343,
subdivision (a) of Section 56380, and Section 3068 of Title 5 of the
California Code of Regulations.
(i) A reassessment of a pupil shall be conducted at least once
every three years or more frequently, if conditions warrant a
reassessment and a new individualized education program to be
developed, pursuant to Section 56381.
(j) A meeting of an individualized education program team
requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343 shall
be held within 30 calendar days, not counting days in July and
August, from the date of receipt of the parent's or guardian's
written request, pursuant to Section 56343.5.
(k) The administrator of a local program under this part shall ensure
that the pupil is immediately provided an interim placement for a
period not to exceed 30 calendar days whenever a pupil transfers into
a school district from a school district not operating programs
under the same local plan in which he or she was last enrolled in a
special education program pursuant to Section 56325.
(l) The parent or guardian shall have the right and opportunity to
examine all school records of the child and to receive copies within
five calendar days after a request is made by the parent or
guardian, either orally or in writing, pursuant to Section 56504 and
Chapter 6.5 (commencing with Section 49060) of Part 27.
(m) Upon receipt of a request from an educational agency where an
individual with exceptional needs has enrolled, a former educational
agency shall send the pupil's special education records, or a copy
thereof, within five working days, pursuant to subdivision (a) of
Section 3024 of Title 5 of the California Code of Regulations.
(n) The department shall:
(1) Have a time limit of 60 calendar days after a complaint is
filed with the state education agency to investigate the complaint.
(2) Give the complainant the opportunity to submit additional
information about the allegations in the complaint.
(3) Review all relevant information and make an independent
determination as to whether there is a violation of a requirement of
this part or Part B of the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.).
(4) Issue a written decision, pursuant to Section 300.661 of Title
34 of the Code of Federal Regulations.
(o) A prehearing mediation conference shall be scheduled within 15
calendar days of receipt by the superintendent of the request for
mediation, and shall be completed within 30 calendar days after the
request for mediation, unless both parties to the prehearing
mediation conference agree to extend the time for completing the
mediation, pursuant to Section 56500.3.
(p) Any request for a due process hearing arising from subdivision
(a) of Section 56501 shall be filed within three years from the date
the party initiating the request knew or had reason to know of facts
underlying the basis for the request, pursuant to subdivision (j) of
Section 56505.
(q) The superintendent shall ensure that, within 45 calendar days
after receipt of a written due process hearing request, the hearing
is immediately commenced and completed, including any mediation
requested at any point during the hearing process, and a final
administrative decision is rendered, pursuant to subdivision (a) of
Section 56502.
(r) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of that
intent shall be given to the other party at least 10 calendar days
prior to the hearing, pursuant to subdivision (a) of Section 56507.
(s) Any party to a due process hearing shall have the right to be
informed by the other parties to the hearing, at least 10 calendar
days prior to the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution of
those issues, pursuant to paragraph (6) of subdivision (e) of Section
56505.
(t) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business
days prior to the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list of
all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.
(u) An appeal of a due process hearing decision shall be made
within 90 calendar days of receipt of the hearing decision, pursuant
to subdivision (i) of Section 56505.
(v) When an individualized education program calls for a
residential placement as a result of a review by an expanded
individualized education program team, the individualized education
program shall include a provision for a review, at least every six
months, by the full individualized education program team of all of
the following pursuant to paragraph (2) of subdivision (c) of Section
7572.5 of the Government Code:
(1) The case progress.
(2) The continuing need for out-of-home placement.
(3) The extent of compliance with the individualized education
program.
(4) Progress toward alleviating the need for out-of-home care.
(w) Beginning at least one year before the pupil reaches the age
of 18, a statement shall be included in the individualized education
program that the pupil has been informed of his or her rights that
will transfer to the pupil upon reaching the age of 18 pursuant to
Section 56041.5 and paragraph (8) of subdivision (a) of Section
56345.
SEC. 15. Section 56100 of the Education Code is amended to read:
56100. The State Board of Education shall do all of the
following:
(a) Adopt rules and regulations necessary for the efficient
administration of this part.
(b) Adopt criteria and procedures for the review and approval of
local plans by the board.
(c) Adopt size and scope standards for determining the efficacy of
local plans submitted by special education local plan areas,
pursuant to subdivision (a) of Section 56195.1.
(d) Provide review, upon petition, to any district, special
education local plan area, or county office that appeals a decision
made by the department that affects its providing services under this
part except a decision made pursuant to Chapter 5 (commencing with
Section 56500).
(e) Review and approve a program evaluation plan for special
education programs provided by this part in accordance with Chapter 6
(commencing with Section 56600). This plan may be approved for up
to three years.
(f) Recommend to the Commission on Teacher Credentialing the
adoption of standards for the certification of professional personnel
for special education programs conducted pursuant to this part.
(g) Adopt regulations to provide specific procedural criteria and
guidelines for the identification of pupils as individuals with
exceptional needs.
(h) Adopt guidelines of reasonable pupil progress and achievement
for individuals with exceptional needs. The guidelines shall be
developed to aid teachers and parents or guardians in assessing an
individual pupil's education program and the appropriateness of the
special education services.
(i) In accordance with the requirements of federal law, adopt
regulations for all educational programs for individuals with
exceptional needs, including programs administered by other state or
local agencies.
(j) Adopt uniform rules and regulations relating to parental due
process rights in the area of special education.
(k) Adopt rules and regulations regarding the ownership and
transfer of materials and equipment, including facilities, related to
transfer of programs, reorganization, or restructuring of special
education local plan areas.
SEC. 16. Section 56129 of the Education Code is amended to read:
56129. The superintendent shall maintain the state special
schools and diagnostic centers in accordance with Part 32 (commencing
with Section 59000) so that the services of those schools and
diagnostic centers are coordinated with the services of the district,
special education local plan area, or the county office.
SEC. 17. Section 56140 of the Education Code is amended to read:
56140. County offices shall do all of the following:
(a) Initiate and submit to the superintendent a countywide plan
for special education which demonstrates the coordination of all
local plans submitted pursuant to Section 56200 and Section 56205 and
which ensures that all individuals with exceptional needs residing
within the county, including those enrolled in alternative education
programs, including, but not limited to, alternative schools, charter
schools, opportunity schools and classes, community day schools
operated by school districts, community schools operated by county
offices of education, and juvenile court schools, will have access to
appropriate special education programs and related services.
However, a county office shall not be required to submit a countywide
plan when all the districts within the county elect to submit a
single local plan.
(b) Within 45 days, approve or disapprove any proposed local plan
submitted by a district or group of districts within the county or
counties. Approval shall be based on the capacity of the district or
districts to ensure that special education programs and services are
provided to all individuals with exceptional needs.
(1) If approved, the county office shall submit the plan with
comments and recommendations to the superintendent.
(2) If disapproved, the county office shall return the plan with
comments and recommendations to the district. This district may
immediately appeal to the superintendent to overrule the county
office's disapproval. The superintendent shall make a decision on an
appeal within 30 days of receipt of the appeal.
(3) A local plan may not be implemented without approval of the
plan by the county office or a decision by the superintendent to
overrule the disapproval of the county office.
(c) Participate in the state onsite review of the district's
implementation of an approved local plan.
(d) Join with districts in the county which elect to submit a plan
or plans pursuant to subdivision (c) of Section 56195.1. Any plan
may include more than one county, and districts located in more than
one county. Nothing in this subdivision shall be construed to limit
the authority of a county office to enter into other agreements with
these districts and other districts to provide services relating to
the education of individuals with exceptional needs.
(e) For each special education local plan area located within the
jurisdiction of the county office of education that has submitted a
revised local plan pursuant to Section 56836.03, the county office
shall comply with Section 48850, as it relates to individuals with
exceptional needs, by making available to agencies that place
children in licensed children's institutions a copy of the annual
service plan adopted pursuant to clause (ii) of subparagraph (E) of
paragraph (12) of subdivision (a) of Section 56205.
SEC. 18. Section 56170 of the Education Code is amended to read:
56170. As used in this part, "private school children with
disabilities" means children with disabilities enrolled by a parent
or guardian in private preschools or private elementary and secondary
schools or facilities, other than individuals with exceptional needs
placed by a district, special education local plan area, or county
office in a nonpublic, nonsectarian school pursuant to Section 56365.
SEC. 19. Section 56170.5 is added to the Education Code, to read:
56170.5. For preschool children, "enrolled by a parent or
guardian in private preschools" means that the preschool child with a
disability has been offered a free and appropriate public education,
which includes regular preschool education at public expense.
SEC. 20. Section 56171 of the Education Code is amended to read:
56171. (a) Districts, special education local plan areas, and
county offices shall locate, identify, and assess all private school
children with disabilities, including religiously affiliated school
children, who have disabilities and are in need of special education
and related services residing in the jurisdiction of the district,
special education local plan area, or county office in accordance
with Section 56301.
(b) Each district, special education local plan area, and county
office shall consult with appropriate representatives of private
school children with disabilities on how to carry out the activities
described in subdivision (a).
SEC. 21. Section 56173 of the Education Code is amended to read:
56173. (a) To meet the requirements of Section 56172, each
district, special education local plan area, or county office shall
spend on providing special education and related services to private
school children with disabilities enrolled by a parent or guardian in
private schools, an amount of federal state grant funds allocated to
the state under Part B of the Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) that is equal to a
proportionate amount of federal funds made available under the Part B
grant program for local assistance, in accordance with Section
300.453 of Title 34 of the Code of Federal Regulations.
(b) The cost of transportation described in subdivision (k) of
Section 56174.5 may be included in calculating whether the district,
special education local plan area, or county office has met the
proportionate amount of federal funds requirement of this section.
(c) Expenditures for child find activities may not be considered
in determining whether the requirements of this section have been
met.
(d) A district, special education local plan area, or county
office shall use the funds provided under the federal Part B grant to
meet the special education and related services needs of children
with disabilities enrolled in private schools, but not for the needs
of a private school, or the general needs of pupils enrolled in the
private school.
(e) A district, special education local plan area, or county
office may not use funds under the federal Part B grant for classes
that are organized separately on the basis of school enrollment or
religion of the pupils if the classes are at the same site, and the
classes include pupils enrolled in public schools and pupils enrolled
in private schools.
(f) A district, special education local plan area, or county
office may use funds under the federal Part B grant to make public
school personnel available in other than public facilities to the
extent necessary to provide services under this article for private
school children with disabilities if those services are not normally
provided by the private school. A district, special education local
plan area, or county office may use the federal Part B grant funds to
pay for the services of an employee of a private school to provide
services under this article if the employee performs other services
outside of his or her regular hours of duty and the employee performs
the services under public supervision and control.
(g) A district, special education local plan area, or county
office shall keep title to and exercise continuing administrative
control of all property, equipment, and supplies that the district,
special education local plan area, or county office acquires with the
federal Part B funds for the benefit of private school children with
disabilities. The district, special education local plan area, or
county office may place equipment and supplies in a private school
for the period of time needed for the program. The district, special
education local plan area, or county office shall ensure the
equipment and supplies placed in a private school are used only for
federal Part B purposes and can be removed from the private school
without remodeling the private school facility. The district,
special education local plan area, or county office shall remove
equipment and supplies from a private school if the equipment and
supplies are no longer needed for the federal Part B purposes or
removal is necessary to avoid unauthorized use of the equipment and
supplies for other than federal Part B purposes. No funds under the
federal Part B grant may be used for repairs, minor remodeling, or
construction of private school facilities.
SEC. 22. Section 56174.5 is added to the Education Code, to read:
56174.5. (a) Private school children with disabilities may
receive a different amount of services than individuals with
exceptional needs in public school receive. No private school child
with a disability is entitled to any amount of service the child
would receive if enrolled in a public school.
(b) Decisions about the services provided to private school
children with disabilities pursuant to this article shall be made
pursuant to this section. Each district, special education local
plan area, or county office shall consult, in a timely and meaningful
way, with appropriate representatives of private school children
with disabilities with regard to funding under Section 56173, the
number of private school children with disabilities, the needs of
private school children with disabilities, and their location to
decide the following:
(1) Which children shall receive services.
(2) What services shall be provided.
(3) How and where the services shall be provided.
(4) How the services provided shall be evaluated.
(c) Each district, special education local plan area, or county
office shall give appropriate representatives of private school
children with disabilities a genuine opportunity to express their
views regarding each matter that is subject to the consultation
requirements in this section.
(d) The consultation required by this section shall occur before
the district, special education local plan area, or county office
makes any decision that affects the opportunities of private school
children with disabilities to participate in services under this
article.
(e) The district, special education local plan area, or county
office shall make the final decisions with respect to the services to
be provided to eligible private school children.
(f) If an individual with exceptional needs is enrolled in a
religious or other private school and will receive special education
or related services from the district, special education local plan
area, or county office, the district, special education local plan
area, or county office shall do the following:
(1) Initiate and conduct meetings to develop, review, and revise a
services plan for the child in accordance with subdivision (i).
(2) Ensure that a representative of the religious or other private
school attends each meeting. If the representative cannot attend,
the district, special education local plan area, or county office
shall use other methods to ensure participation by the private
school, including individual or telephone conference calls.
(g) The services provided to private school children with
disabilities shall be provided by personnel meeting the same
standards as personnel providing services in public schools.
(h) Each private school child with a disability who has been
designated to receive services under this article shall have a
services plan that describes the specific special education and
related services that the district, special education local plan
area, or county office shall provide to the child in light of the
services that the district, special education local plan area, or
county office has determined, through the process described in this
article, it will make available to private school children with
disabilities.
(i) The services plan shall, to the extent appropriate, include
the following:
(1) Meet the requirements of Section 56345 with respect to the
services provided.
(2) Be developed, reviewed, and revised consistent with Article 3
(commencing with Section 56340) of Chapter 4.
(j) Services provided to private school children with disabilities
may be provided onsite at a child's private school, including a
religious school, to the extent consistent with law.
(k) If necessary for the child to benefit from or participate in
the services provided under this article, a private school child with
a disability shall be provided transportation from the child's
school or the child's home to a site other than the private school,
and from the service site to the private school, or to the child's
home, depending on the timing of the services. A district, special
education local plan area, or county office is not required to
provide transportation from the child's home to the private school.
SEC. 23. Section 56174.6 is added to the Education Code, to read:
56174.6. The due process procedures in Chapter 5 (commencing with
Section 56500) do not apply to complaints that a district, special
education local plan area, or county office has failed to meet the
requirements of this article, including the provision of services
indicated on the child's services plan. Due process procedures are
limited to child find requirements and procedures for assessment and
for determining eligibility pursuant to subdivision (b) of Section
300.457 of Title 34 of the Code of Federal Regulations. Complaints
that the state or district, special education local plan area, or
county office has failed to meet the requirements of this article may
be filed under Chapter 5.1 (commencing with Section 4600) of Title 5
of the California Code of Regulations.
SEC. 24. Section 56195.7 of the Education Code is amended to read:
56195.7. In addition to the provisions required to be included in
the local plan pursuant to Chapter 3 (commencing with Section
56200), each special education local plan area that submits a local
plan pursuant to subdivision (b) of Section 56195.1 and each county
office that submits a local plan pursuant to subdivision (c) of
Section 56195.1 shall develop written agreements to be entered into
by entities participating in the plan. The agreements need not be
submitted to the superintendent. These agreements shall include, but
not be limited to, the following:
(a) A coordinated identification, referral, and placement system
pursuant to Chapter 4 (commencing with Section 56300).
(b) Procedural safeguards pursuant to Chapter 5 (commencing with
Section 56500).
(c) Regionalized services to local programs, including, but not
limited to, all of the following:
(1) Program specialist service pursuant to Section 56368.
(2) Personnel development, including training for staff, parents
or guardians, and members of the community advisory committee
pursuant to Article 3 (commencing with Section 56240).
(3) Evaluation pursuant to Chapter 6 (commencing with Section
56600).
(4) Data collection and development of management information
systems.
(5) Curriculum development.
(6) Provision for ongoing review of programs conducted, and
procedures utilized, under the local plan, and a mechanism for
correcting any identified problem.
(d) A description of the process for coordinating services with
other local public agencies that are funded to serve individuals with
exceptional needs.
(e) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in public
hospitals, proprietary hospitals, and other residential medical
facilities pursuant to Article 5.5 (commencing with Section 56167) of
Chapter 2.
(f) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in licensed
children's institutions and foster family homes pursuant to Article 5
(commencing with Section 56155) of Chapter 2.
(g) A description of the process for coordinating and providing
services to individuals with exceptional needs placed in juvenile
court schools or county community schools pursuant to Section 56150.
(h) A budget for special education and related services that shall
be maintained by the special education local plan area and be open
to the public covering the entities providing programs or services
within the special education local plan area. The budget language
shall be presented in a form that is understandable by the general
public. For each local educational agency or other entity providing
a program or service, the budget, at minimum, shall display the
following:
(1) Expenditures by object code and classification for the
previous fiscal year and the budget by the same object code
classification for the current fiscal year.
(2) The number and type of certificated instructional and support
personnel, including the type of class setting to which they are
assigned, if appropriate.
(3) The number of instructional aides and other qualified
classified personnel.
(4) The number of enrolled individuals with exceptional needs
receiving each type of service provided.
(i) For multidistrict special education local plan areas, a
description of the policymaking process that shall include a
description of the local method used to distribute state and federal
funds among the local educational agencies in the special education
local plan area. The local method to distribute funds shall be
approved according to the policymaking process established consistent
with subdivision (f) of Section 56001 and pursuant to clause (i) of
subparagraph (E) of paragraph (12) and clause (ii) of subparagraph
(A) of paragraph (13) of subdivision (a) of Section 56205 or
subdivision (c) of Section 56200, whichever is appropriate.
SEC. 25. Section 56200 of the Education Code is amended to read:
56200. Each local plan submitted to the superintendent under this
part shall contain all the following:
(a) Compliance assurances, including general compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
794), and this part.
(b) A description of services to be provided by each district and
county office. This description shall demonstrate that all
individuals with exceptional needs shall have access to services and
instruction appropriate to meet their needs as specified in their
individualized education programs.
(c) (1) A description of the governance and administration of the
plan, including the role of county office and district governing
board members.
(2) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall specify the responsibilities of each
participating county office and district governing board in the
policymaking process, the responsibilities of the superintendents of
each participating district and county in the implementation of the
plan, and the responsibilities of district and county administrators
of special education in coordinating the administration of the local
plan.
(d) Copies of joint powers agreements or contractual agreements,
as appropriate, for districts and counties that elect to enter into
those agreements pursuant to subdivision (b) or (c) of Section 56170.
(e) An annual budget plan to allocate state and federal funds in
support of special education programs, services and transportation
services directly to
entities operating those services and to allocate regionalized
services funds to the county office, responsible local agency, or
other alternative administrative structure. The annual budget plan
shall be adopted at a public hearing held by the special education
local plan area under the direction of the special education local
plan area governance body. The special education local plan area
governance body may designate a local educational agency board, a
county office board, or the responsible local agency board to hold
the hearing. Notice of this hearing shall be posted in each school
in the local plan area at least 15 days prior to the hearing. The
annual budget plan may be revised during the fiscal year, and these
revisions may be submitted to the superintendent as amendments to the
allocations set forth in the plan. However, the revisions shall,
prior to submission to the superintendent, be approved according to
the policymaking process, established pursuant to paragraph (2) of
subdivision (c).
(f) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
superintendent.
(g) A description of the identification, referral, assessment,
instructional planning, implementation, and review in compliance with
Chapter 4 (commencing with Section 56300).
(h) A description of the process being utilized to meet the
requirements of Section 56303.
(i) A description of the process being utilized to meet the
requirements of the California Early Intervention Services Act, Title
14 (commencing with Section 95000) of the Government Code.
(j) A description of the process being utilized to oversee and
evaluate placements in nonpublic, nonsectarian schools and the method
for ensuring that all requirements of each pupil's individualized
education program are being met. This description shall include a
method for evaluating whether the pupil is making appropriate
educational progress.
SEC. 26. Section 56207 of the Education Code is amended to read:
56207. (a) No educational programs and services already in
operation in school districts or a county office of education
pursuant to Part 30 (commencing with Section 56000) shall be
transferred to another school district or a county office of
education or from a county office of education to a school district
unless the special education local plan area has developed a plan for
the transfer which addresses, at a minimum, all of the following:
(1) Pupil needs.
(2) The availability of the full continuum of services to affected
pupils.
(3) The functional continuation of the current individualized
education programs of all affected pupils.
(4) The provision of services in the least restrictive environment
from which affected pupils can benefit.
(5) The maintenance of all appropriate support services.
(6) The assurance that there will be compliance with all federal
and state laws and regulations and special education local plan area
policies.
(7) The means through which parents or guardians and staff were
represented in the planning process.
(b) The date on which the transfer will take effect may be no
earlier than the first day of the second fiscal year beginning after
the date on which the sending or receiving agency has informed the
other agency and the governing body or individual identified in
clause (i) of subparagraph (A) of paragraph (12) of subdivision (a)
of Section 56205, unless the governing body or individual identified
in clause (i) of subparagraph (A) of paragraph (12) of subdivision
(a) of Section 56205 unanimously approves the transfer taking effect
on the first day of the first fiscal year following that date. The
sending or receiving agency shall also notify the department in
writing.
(c) If either the sending or receiving agency disagrees with the
proposed transfer, the matter shall be resolved by the alternative
resolution process established pursuant to subdivision (d) of Section
56205.
(d) Notwithstanding Section 56208, this section shall apply to all
special education local plan areas commencing on July 1, 1998,
whether or not a special education local plan area has submitted a
revised local plan for approval or has an approved revised local plan
pursuant to Section 56836.03.
SEC. 27. Section 56304 is added to the Education Code, to read:
56304. (a) The parents or guardians of a pupil who has been
referred for initial assessment, or of a pupil already identified as
an individual with exceptional needs, shall be afforded an
opportunity to participate in meetings with respect to the
identification, assessment, and educational placement, pursuant to
Section 56342.5, of the pupil and with respect to the provision of a
free appropriate public education.
(b) Each district, special education local plan area, or county
office shall provide notice consistent with subdivisions (b) and (c)
of Section 56341.5 to ensure that parents or guardians of individuals
with exceptional needs have the opportunity to participate in
meetings described in subdivision (a).
(c) A "meeting" for purposes of this section does not include
informal or unscheduled conversations involving district, special
education local plan area, or county office personnel and
conversations on issues such as teaching methodology, lesson plans,
or coordination of service provision if those issues are not
addressed in the pupil's individualized education program. A
"meeting" for purposes of this section also does not include
preparatory activities that district, special education local plan
area, or county office personnel engage in to develop a proposal or
response to a parent or guardian proposal that will be discussed at a
later meeting.
SEC. 28. Section 56326 of the Education Code is amended to read:
56326. A pupil may be referred for further assessment and
recommendations to the assessment centers at the California Schools
for the Deaf or Blind or the diagnostic centers pursuant to
regulations developed by the Superintendent of Public Instruction.
SEC. 29. Section 56341 of the Education Code is repealed.
SEC. 30. Section 56341 is added to the Education Code, to read:
56341. (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
(b) The individualized education program team shall include all of
the following:
(1) One or both of the pupil's parents or guardians.
(2) At least one regular education teacher of the pupil, if the
pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the district, special
education local plan area, or county office to represent the others.
The regular education teacher of an individual with exceptional
needs shall, to the extent appropriate, participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and strategies for the
pupil and supplementary aids and services, and program modifications
or supports for school personnel that will be provided for the pupil,
consistent with paragraph (3) of subsection (a) of Section 300.347
of Title 34 of the Code of Federal Regulations. The extent to which
the regular education teacher will participate in the individualized
education program process, including whether the regular education
teacher attends all or part of the individualized education program
meeting, shall be determined on a case-by-case basis by the district,
special education local plan area, or county office, the parents or
guardians, and other members of the individualized education program
team.
(3) At least one special education teacher of the pupil, or if
appropriate, at least one special education provider of the pupil.
(4) A representative of the district, special education local plan
area, or county office who meets all of the following requirements:
(A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
(B) Is knowledgeable about the general curriculum.
(C) Is knowledgeable about the availability of resources of the
local educational agency, and has authority to commit local
educational agency resources and be able to ensure that whatever
services are set out in the individualized education program will
actually be provided.
(5) An individual who conducted an assessment of the pupil or who
is knowledgeable about the assessment procedures used to assess the
pupil, and is familiar with the assessment results or
recommendations. The individual shall be qualified to interpret the
instructional implications of the assessment results. The individual
may be a member of the team described in paragraphs (2) to (6),
inclusive.
(6) At the discretion of the parent, guardian, or the district,
special education local plan area, or county office, other
individuals who have knowledge or special expertise regarding the
pupil, including related services personnel, as appropriate.
(7) Whenever appropriate, the individual with exceptional needs.
(c) For a pupil suspected of having a specific learning
disability, at least one member of the individualized education
program team shall be qualified to conduct individual diagnostic
examinations of children, such as a school psychologist,
speech-language pathologist, or remedial reading teacher. At least
one team member other than the pupil's regular teacher shall observe
the pupil's academic performance in the regular classroom setting.
In the case of a child who is less than schoolage or out of school, a
team member shall observe the child in an environment appropriate
for a child of that age.
(d) (1) In the case of transition services, the district, special
education local plan area, or county office shall invite an
individual with exceptional needs of any age to attend his or her
individualized education program meeting if a purpose of the meeting
will be the consideration of either, or both, of the following:
(A) The individual's transition service needs under subdivision
(a) of Section 56345.1.
(B) The needed transition services for the individual under
subdivision (b) of Section 56345.1.
(2) If the individual with exceptional needs does not attend the
individualized education program meeting, the district, special
education local plan area, or county office shall take steps to
ensure that the individual's preferences and interests are
considered.
(3) When implementing the requirements of subdivision (b) of
Section 56345.1, the district, special education local plan area, or
county office also shall invite to the individualized education
program team meetings a representative that is likely to be
responsible for providing or paying for transition services. If an
agency invited to send a representative to a meeting does not do so,
the district, special education local plan area, or county office
shall take other steps to obtain participation of the other agency in
the planning of any transition services.
(e) A district, special education local plan area, or county
office may designate another local educational agency member of the
individualized education program to serve also as the representative
required pursuant to paragraph (4) of subdivision (b) if the
requirements of subparagraphs (A), (B), and (C) of paragraph (4) of
subdivision (b) are met.
SEC. 31. Section 56341.1 is added to the Education Code, to read:
56341.1. (a) When developing each pupil's individualized
education program, the individualized education program team shall
consider the following:
(1) The strengths of the pupil and the concerns of the parents or
guardians for enhancing the education of the pupil.
(2) The results of the initial assessment or most recent
assessment of the pupil.
(3) As appropriate, the results of the pupil's performance on any
general state or districtwide assessment programs.
(b) The individualized education program team shall do the
following:
(1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider, when appropriate, strategies,
including positive behavioral interventions, strategies, and supports
to address that behavior.
(2) In the case of a pupil with limited English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
(3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille and the use of braille unless the
individualized education program team determines, after an assessment
of the pupil's reading and writing skills, needs, and appropriate
reading and writing media, including an assessment of the pupil's
future needs, that instruction in braille is not appropriate for the
pupil.
(4) Consider the communication needs of the pupil, and in the case
of the pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
(5) Consider whether the pupil requires assistive technology
devices and services.
(c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
(d) The individualized education program team shall revise the
individualized education program, as appropriate, to address among
other matters the following:
(1) Any lack of expected progress toward the annual goals and in
the general curriculum, where appropriate.
(2) The results of any reassessment conducted pursuant to Section
56381.
(3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
(4) The pupil's anticipated needs.
(5) The factors described in subdivision (a).
(e) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
(f) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian, district, special education local plan area, or county
office shall have the right to record electronically the proceedings
of individualized education program team meetings on an audiotape
recorder. The parent or guardian, district, special education local
plan area, or county office shall notify the members of the
individualized education program team of their intent to record a
meeting at least 24 hours prior to the meeting. If the district,
special education local plan area, or county office initiates the
notice of intent to audiotape record a meeting and the parent or
guardian objects or refuses to attend the meeting because it will be
tape recorded, then the meeting shall not be recorded on an audiotape
recorder.
(2) The Legislature hereby finds as follows:
(A) Under federal law, audiotape recordings made by a district,
special education local plan area, or county office are subject to
the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec.
1232g), and would, therefore, be subject to the confidentiality
requirements of the regulations under Sections 300.560 to 300.575,
inclusive, of Part 34 of the Code of Federal Regulations.
(B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
(i) Inspect and review the tape recordings.
(ii) Request that the tape recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
(iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
(g) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
SEC. 32. Section 56341.5 of the Education Code is amended to read:
56341.5. (a) Each district, special education local plan area, or
county office convening a meeting of the individualized education
program team shall take steps to ensure that one or both of the
parents or guardians of the individual with exceptional needs are
present at each individualized education program meeting or are
afforded the opportunity to participate.
(b) Parents or guardians shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend.
(c) The individualized education program meeting shall be
scheduled at a mutually agreed upon time and place. The notice of
the meeting under subdivision (b) shall indicate the purpose, time,
and location of the meeting and who will be in attendance. Parents
or guardians may also be informed in the notice of the right to bring
other people to the meeting who have knowledge or special expertise
regarding the individual with exceptional needs.
(d) For an individual with exceptional needs beginning at age 14,
or younger, if appropriate, the meeting notice shall also indicate
that a purpose of the meeting will be the development of a statement
of the transition services needs of the individual required by
subdivision (a) of Section 56345.1, and indicate that the individual
with exceptional needs is also invited to attend. For an individual
with exceptional needs beginning at age 16, or younger, if
appropriate, the meeting notice shall also indicate that a purpose of
the meeting is the consideration of needed transition services for
the individual required by subdivision (b) of Section 56345.1, and
indicate that the individual with exceptional needs is invited to
attend.
(e) The meeting notice shall also identify any other local agency
that shall be invited to send a representative.
(f) If no parent or guardian can attend the meeting, the district,
special education local plan area, or county office shall use other
methods to ensure parent or guardian participation, including
individual or conference telephone calls.
(g) A meeting may be conducted without a parent or guardian in
attendance if the district, special education local plan area, or
county office is unable to convince the parent or guardian that he or
she should attend. In this event, the district, special education
local plan area, or county office shall maintain a record of its
attempts to arrange a mutually agreed-upon time and place, as
follows:
(1) Detailed records of telephone calls made or attempted and the
results of those calls.
(2) Copies of correspondence sent to the parents or guardians and
any responses received.
(3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.
(h) The district, special education local plan area, or county
office shall take whatever action is necessary to ensure that the
parent or guardian understands the proceedings at a meeting,
including arranging for an interpreter for parents or guardians with
deafness or whose native language is other than English.
(i) The district, special education local plan area, or county
office shall give the parent or guardian a copy of the individualized
education program at no cost to the parent or guardian.
SEC. 33. Section 56345 of the Education Code is amended to read:
56345. (a) The individualized education program is a written
statement determined in a meeting of the individualized education
program team and shall include, but not be limited to, all of the
following:
(1) The present levels of the pupil's educational performance,
including the following:
(A) For a schoolage child, how the pupil's disability affects the
pupil's involvement and progress in the general curriculum.
(B) For a preschoolage child, as appropriate, how the disability
affects the child's participation in appropriate activities.
(2) The measurable annual goals, including benchmarks or
short-term objectives related to the following:
(A) Meeting the pupil's needs that result from the pupil's
disability to enable the pupil to be involved in and progress in the
general curriculum.
(B) Meeting each of the pupil's other educational needs that
result from the pupil's disability.
(3) The specific special educational instruction and related
services and supplementary aids and services to be provided to the
pupil, or on behalf of the pupil, and a statement of the program
modifications or supports for school personnel that will be provided
for the pupil in order to do the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved and progress in the general curriculum in
accordance with subparagraph (A) of paragraph (1) and to participate
in extracurricular and other nonacademic activities.
(C) To be educated and participate with other pupils with
disabilities and nondisabled pupils in the activities described in
this section.
(4) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in regular classes and in the
activities described in paragraph (3).
(5) The individual modifications in the administration of state or
districtwide assessments of pupil achievement that are needed in
order for the pupil to participate in the assessment. If the
individualized education program team determines that the pupil will
not participate in a particular state or districtwide assessment of
pupil achievement (or part of an assessment), a statement of the
following:
(A) Why that assessment is not appropriate for the pupil.
(B) How the pupil will be assessed.
(6) The projected date for the beginning of the services and
modifications described in paragraph (3), and the anticipated
frequency, location, and duration of those services and modifications
included in the individualized education program.
(7) Appropriate objective criteria, evaluation procedures, and
schedules for determining, on at least an annual basis, whether the
annual goals are being achieved.
(8) Beginning at least one year before the pupil reaches the age
of 18, a statement shall be included in the individualized education
program that the pupil has been informed of his or her rights under
this part, if any, that will transfer to the pupil upon reaching the
age of 18 pursuant to Section 56041.5.
(9) A statement of how the pupil's progress toward the annual
goals described in paragraph (2) will be measured.
(10) A statement of how the pupil's parents or guardians will be
regularly informed, at least as often as parents or guardians are
informed of their nondisabled pupil's progress in the following:
(A) The pupil's progress toward the annual goals described in
paragraph (2).
(B) The extent to which that progress is sufficient to enable the
pupil to achieve the goals by the end of the year.
(b) When appropriate, the individualized education program shall
also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the district's
prescribed course of study and to meet or exceed proficiency
standards for graduation .
(2) For individuals whose primary language is other than English,
linguistically appropriate goals, objectives, programs and services.
(3) Extended school year services when needed, as determined by
the individualized education program team.
(4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class, or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:
(A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.
(B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.
(5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring
individualized education programs that the district, special
education local plan area, or county office is responsible for
providing the services delineated in the individualized education
program. However, the Legislature recognizes that some pupils may
not meet or exceed the growth projected in the annual goals and
objectives of the pupil's individualized education program.
(d) Consistent with Section 56000.5 and clause (iv) of
subparagraph (B) of paragraph (3) of subsection (d) of Section 1414
of Title 20 of the United States Code, it is the intent of the
Legislature that, in making a determination of what constitutes an
appropriate education to meet the unique needs of a deaf or
hard-of-hearing pupil in the least restrictive environment, the
individualized education program team shall consider the related
services and program options that provide the pupil with an equal
opportunity for communication access. The individualized education
program team shall specifically discuss
the communication needs of the pupil, consistent with
the guidelines adopted pursuant to Section 56136 and Page 49274 of
Volume 57 of the Federal Register, including all of the following:
(1) The pupil's primary language mode and language, which may
include the use of spoken language with or without visual cues, or
the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and
language peers of similar abilities which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil's primary language mode and language consistent with existing
law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic
instructions, school services, and extracurricular activities
consistent with the Vocational Rehabilitation Act of 1973 as set
forth in Section 794 of Title 29 of the United States Code and the
Americans with Disabilities Act of 1990 as set forth in Section
12000, and following, of Title 42 of the United States Code.
(e) No General Fund money made available to school districts or
local agencies may be used for any additional responsibilities and
services associated with paragraphs (1) and (2) of subdivision (d),
including the training of special education teachers and other
specialists, even if those additional responsibilities or services
are required pursuant to a judicial or state agency determination.
Those responsibilities and services shall only be funded by a local
educational agency as follows:
(1) The costs of those activities shall be funded from existing
programs and funding sources.
(2) Those activities shall be supported by the resources otherwise
made available to those programs.
(3) Those activities shall be consistent with the provisions of
Sections 56240 to 56243, inclusive.
(f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children be
improved; however, nothing in this section shall be construed to
remove the local educational agency's discretionary authority in
regard to in-service activities.
SEC. 34. Section 56347 of the Education Code is amended to read:
56347. (a) Each district, special education local plan area, or
county office shall, prior to the placement of the individual with
exceptional needs, ensure that the regular teacher or teachers, the
special education teacher or teachers, and other persons who provide
special education, related services, or both to the individual with
exceptional needs have access to the pupil's individualized education
program and shall be knowledgeable of the content of the
individualized education program. A copy of each individualized
education program shall be maintained at each schoolsite where the
pupil is enrolled. Service providers from other agencies who provide
instruction or a related service to the individual off the
schoolsite shall be provided a copy of the individualized education
program. All individualized education programs shall be maintained
in accordance with state and federal pupil record confidentiality
laws.
(b) Each teacher or other service provider described in
subdivision (a) shall be informed of his or her specific
responsibilities related to implementing the pupil's individualized
education program, and the specific accommodations, modifications,
and supports that shall be provided for the pupil in accordance with
the individualized education program.
SEC. 35. Section 56361 of the Education Code is amended to read:
56361. The continuum of program options shall include, but not
necessarily be limited to, all of the following or any combination of
the following:
(a) Regular education programs consistent with subparagraph (A) of
paragraph (5) of subsection (a) of Section 1412 of Title 20 of the
United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364 or Section 56364.2,
as applicable.
(e) Nonpublic, nonsectarian school services pursuant to Section
56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially
designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and
settings other than classrooms where specially designed instruction
may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the
home, in hospitals, and in other institutions to the extent required
by federal law or regulation.
SEC. 36. Section 56367 of the Education Code is amended to read:
56367. (a) Placements in state special schools pursuant to
Sections 59020 and 59120 shall be made only as a result of
recommendations from the individualized education program team, upon
a finding that no appropriate placement is available in the local
plan area.
(b) Notwithstanding the provisions of subdivision (a), referrals
for further assessment and recommendations to the California Schools
for the Deaf and Blind or the diagnostic centers, pursuant to Section
56326, shall not constitute placements in state special schools.
SEC. 37. Section 56425.5 of the Education Code is amended to read:
56425.5. (a) The Legislature hereby finds and declares that early
education services for infants and toddlers identified as
individuals with exceptional needs that provide educational services
with active parent or guardian involvement, can significantly reduce
the potential impact of many disabling conditions, and positively
influence later development when the child reaches schoolage.
(b) Early childhood special education services funded pursuant to
Sections 56427, 56428, and 56432 shall provide services through a
multidisciplinary/transdisciplinary team to meet the multiple and
varied needs of infants and toddlers and their families. Recognizing
that the parent or guardian has the primary influence on the infant'
s or toddler's development, it is the Legislature's intent that early
childhood special education services shall include opportunities for
the family to receive home visits and to participate in family
involvement activities pursuant to Section 56426.4. It is the intent
of the Legislature that infants or toddlers are served in natural
environments, including the home or community settings where children
without disabilities are served.
(c) It is further the intent of the Legislature that services
rendered by state and local agencies serving infants and toddlers
with exceptional needs and their families be coordinated and
maximized.
SEC. 38. Section 56426 of the Education Code is amended to read:
56426. (a) Early childhood special education services shall
include services specially designed to meet the unique needs of
infants and toddlers, from birth to three years of age, and their
families. The primary purpose of early childhood special education
services is to enhance development of the infant or toddler. To meet
this purpose, the services shall focus upon the infant or toddler
and his or her family, and shall include services in the natural
environment and family involvement activities, and shall be funded
pursuant to Sections 56427, 56428, and 56432.
(b) The early childhood special education services shall be
provided in accordance with the Individuals with Disabilities
Education Act (20 U.S.C. Secs. 1431 to 1445, incl.), and the
California Early Intervention Services Act, Title 14 (commencing with
Section 95000) of the Government Code.
(c) To the maximum extent appropriate, early childhood special
education services are provided in the natural environment. Natural
environments include the home and community settings in which
children without disabilities participate. The provision of services
for any infant or toddler shall occur in a setting other than a
natural environment only when early childhood special education
services cannot be achieved satisfactorily for the infant or toddler
in a natural environment.
(d) During the initial assessment of the infant or toddler and the
family, information shall be gathered pertaining to the concerns,
priorities, and resources of the family including information about
the child's daily and weekly schedule and parental preferences
regarding times and places where services might be provided.
(e) Natural environments shall be developmentally and
chronologically suited to the child, individually planned to meet the
unique needs of the child, identified by the individualized family
service plan team including the parents or guardians, and specified
on the individualized family service plan.
(f) The individualized family service plan must contain a
justification of the extent, if any, to which each service will not
be provided in a natural environment.
SEC. 39. Section 56426.1 of the Education Code is amended to read:
56426.1. Early childhood special education services in the
natural environment funded pursuant to Sections 56427, 56428, and
56432 shall include, but not be limited to, all of the following:
(a) Observing the infant's or toddler's behavior and development
in his or her natural environment.
(b) Presenting activities that are developmentally appropriate for
the infant or toddler and are specially designed, based on the
infant's or toddler's exceptional needs, to enhance the child's
development within the context of the family and child relationship.
Activities shall be developed to meet the needs of the infants or
toddlers as identified in the individualized family service plan and
to ensure that they do not conflict with his or her medical needs.
(c) Modeling and demonstrating developmentally appropriate
activities for the infant or toddler to the parents or guardians,
siblings, and other caregivers, as designated by the parent.
(d) Interacting with the family members and other caregivers, as
designated by the parent or guardian, to enhance and reinforce their
development of skills necessary to promote the infant's or toddler's
development.
(e) Consulting with the parent or guardian or caregivers about
specific strategies to promote the infant's or toddler's development.
(f) Discussing parental concerns related to the infant or toddler
and the family, and supporting the interaction of the child with the
parent or guardian .
(g) Assisting parents or guardians to solve problems, to seek
other services in their community, and to coordinate the services
provided by various agencies.
(h) Providing related services or early intervention services as
specified in the individualized family service plan.
SEC. 40. Section 56426.3 of the Education Code is amended to read:
56426.3. (a) In addition to special instruction, related services
as defined in Section 300.13 of Title 34 of the Code of Federal
Regulations, as that section read on April 1, 1986, and Section
56426.6, as it read on September 1, 1993, shall be available to
infants and toddlers and their families. Related services from the
local education agency may be provided to infants and toddlers who
are also eligible for services from the regional center under Early
Start (42 U.S.C.A. Sec. 9840a), in the home or in any other natural
environment.
(b) Related services described in subdivision (a) are as follows:
(1) Audiology.
(2) Counseling.
(3) Early identification.
(4) Medical services for diagnostic and evaluation purposes only.
(5) Occupational therapy consultation.
(6) Parent or guardian counseling and training.
(7) Physical therapy consultation.
(8) Psychological services.
(9) Social work services in schools.
(10) Speech pathology.
(11) Transportation.
SEC. 41. Section 56426.35 is added to the Education Code, to read:
56426.35. Early childhood special education services provided by
local education agencies to children with solely low incidence
disabilities pursuant to Section 95008 of the Government Code may
include the following:
(a) Assistive technology.
(b) Audiology.
(c) Family training, counseling, and home visits.
(d) Family support.
(e) Health services.
(f) Medical services only for diagnostic or evaluation purposes.
(g) Nursing services.
(h) Nutrition services.
(i) Occupational therapy.
(j) Physical therapy.
(k) Psychological services.
(l) Respite care.
(m) Service coordination.
(n) Social work services.
(o) Special instruction.
(p) Speech language pathology.
(q) Transportation.
(r) Vision services.
SEC. 42. Section 56426.4 of the Education Code is amended to read:
56426.4. (a) Family involvement activities funded pursuant to
Sections 56427, 56428, and 56432 shall support family members in
addressing the social, developmental, and emotional needs of the
infant and toddler. These activities, which are not required to be
provided in the natural environment, may include, but are not limited
to, the following:
(1) Educational programs that present information or demonstrate
techniques to assist the family to promote their infant's or toddler'
s development.
(2) Parent or guardian education and training to assist families
in understanding, planning for, and meeting the unique needs of their
infant or toddler.
(3) Parent or guardian support groups to share similar experiences
and possible solutions, including voluntary referrals to family
resource centers.
(4) Instruction in making toys and other materials appropriate to
their infant's or toddler's exceptional needs and development.
(b) Family involvement activities shall be made available by the
local educational agency at least once a month and attendance shall
be voluntary on the part of the family.
SEC. 43. Section 56426.5 of the Education Code is repealed.
SEC. 44. Section 56426.5 is added to the Education Code, to read:
56426.5. (a) Notwithstanding any other provisions of law or
regulation, for programs receiving funding pursuant to Sections
56427, 56428, and 56432, the special education eligibility criteria
in subdivisions (b), (c), and (d) shall apply to infants and toddlers
between birth through two years of age who need early childhood
special education services under the local education agency's funded
capacity pursuant to subdivision (c) of Section 95014 of the
Government Code.
(b) An infant or toddler from birth through two years of age
qualifies as a child who needs early childhood special education
services if the child meets the following criteria for developmental
delay:
(1) Is identified as a child with a disability having one of the
following disabling conditions as defined in Section 300.7 of Title
34 of the Code of Federal Regulations:
(A) Autism.
(B) Deaf-blindness.
(C) Deafness.
(D) Emotional disturbance.
(E) Hearing impairment.
(F) Mental retardation.
(G) Multiple disabilities.
(H) Orthopedic impairment.
(I) Other health impairments.
(J) Specific learning disability.
(K) Speech and language disability.
(L) Traumatic brain injury.
(M) Visual impairment including blindness.
(2) Has a functional level of development between 51 percent and
75 percent of his or her age level in any two developmental areas or
a functional level of development that is 50 percent below his or her
age level in one developmental area. The developmental areas are as
follows:
(A) Cognitive development.
(B) Physical development, including gross or fine motor.
(C) Communication development, including expressive or receptive
language.
(D) Social or emotional development.
(E) Adaptive development.
(c) The local education agency shall also serve children who have
a diagnosed disability pursuant to paragraph (1) of subdivision (b)
of Section 56426.5 and who have a condition of known etiology that
has a high probability of resulting in a developmental delay pursuant
to subdivision (c) of Section 95014 of the Government Code.
(d) Infants or toddlers under three years of age, who have a
solely low incidence disability, as defined by Section 95008 of the
Government Code, are eligible for services from local education
agencies.
(e) The local education agency shall not serve children who are at
high risk for developmental disability with state education funding.
SEC. 45. Section 56426.6 of the Education Code is amended to read:
56426.6. (a) Early childhood special education services shall be
provided by the district, special education local plan area, or
county office through a multidisciplinary/transdisciplinary approach
consisting of two or more professionals from various disciplines, and
parents or guardians who shall share their expertise to provide
appropriate services for infants and toddlers and their families.
(b) Each infant or toddler shall be assigned a service coordinator
for coordinating early childhood special education services. This
responsibility may be fulfilled by a qualified local educational
agency staff person or a qualified regional center employee. The
district, special education local plan area, or county office service
coordinator shall consult with team members and may be a provider of
related services to other infants or toddlers when appropriate.
(c) Credentialed personnel with expertise in vision or hearing and
orthopedic impairments shall be made available by the district,
special education local plan area, or county office to early
childhood special education programs serving infants and toddlers
identified in subdivisions (b), (c), (e), or (h) of Section 56426.5,
and shall be the primary providers of services or primary consultants
to those programs for children with solely low incidence
disabilities and for children with low incidence disabilities.
(d) Multidisciplinary/transdisciplinary teams may include, but
need not be limited to, qualified persons from the following
disciplines:
(1) Early childhood special education.
(2) Speech and language therapy.
(3) Nursing, with a skill level not less than that of a registered
nurse.
(4) Social work, psychology, or mental health.
(5) Occupational therapy.
(6) Physical therapy.
(7) Audiology.
(8) Parent to parent support.
(9) Vision impairment.
(10) Hearing impairment.
(11) Orthopedic impairment.
(12) Deaf-blindness.
(e) Any person who is authorized by the district, special
education local plan area, or county office to provide early
childhood special education services or related services to infants
and toddlers shall have appropriate experience in normal and atypical
infant and toddler development and an understanding of the unique
needs of families of infants and toddlers with exceptional needs, or,
absent that experience and understanding, shall undergo a
comprehensive training plan for that purpose, which plan shall be
developed and implemented as part of the staff development component
of the local plan for early education services.
(f) Districts, special education local plan areas, and county
offices shall be encouraged to support professionals and
paraprofessionals providing early childhood special education
services to infants, toddlers, and their families during flexible,
nontraditional school hours.
SEC. 46. Section 56426.7 of the Education Code is amended to read:
56426.7. Medically necessary occupational therapy and physical
therapy and mental health services shall be provided to the infant or
toddler as contained in the individualized family service plan, as
specified under Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code.
SEC. 47. Section 56426.8 of the Education Code is amended to read:
56426.8. (a) Outcomes relating to the early childhood special
education needs of the infant or toddler and the family shall be
specified in the individualized family service plan and shall include
criteria, procedures, and the timeline for determining progress
related to each outcome.
(b) Early childhood special education and related services shall
be based on the assessed needs of the infant or toddler and the
family as determined by the individualized family service plan team,
and shall be specified in the individualized family service plan,
including the intensity, method, location or natural environment,
frequency, initiation, duration and type of service. Any early
childhood special education or related service may be provided only
with written parental consent.
(c) The individualized family service plan for any infant or
toddler shall include a review of health status and a vision and
hearing assessment pursuant to subdivision (d) of Section 95020 of
the Government Code to ensure that the services specified in the plan
do not conflict with the infant's or toddler's medical needs.
SEC. 48. Section 56426.9 of the Education Code is amended to read:
56426.9. Any child who becomes three years of age while
participating in early childhood special education services under
this chapter may continue until June 30 of the current program year,
if the individualized education program team determines that the
preschooler is eligible pursuant to Section 56441.11, develops an
individualized education program, and determines that the early
childhood special education services remain appropriate. No later
than June 30 of that year, the individualized education program team
shall meet to review the preschooler's progress and revise the
individualized education program accordingly. The individualized
education program team meeting shall be conducted by the local
education agency responsible for the provision of preschool special
education services. Representatives of the early childhood special
education program shall be invited to that meeting.
SEC. 49. Section 56426.10 is added to the Education Code, to read:
56426.10. (a) For a child transitioning from an individualized
family service plan developed pursuant to Title 14 (commencing with
Section 95000) of the Government Code to an individualized education
program with a local educational agency, the individualized education
program shall be considered the application for admission to a
public school.
(b) During the pendency of a due process hearing on the initial
individualized education program, the local educational agency
responsible for providing a free and appropriate public education to
the child, shall provide the special education and related services
that are proposed in the individualized education program with
parental consent.
(c) During the pendency of a due process hearing, the local
educational agency does not have a responsibility to provide general
education preschool in a private school, if it has made a public
general education preschool placement available to the child.
SEC. 50. Section 56427 of the Education Code is amended to read:
56427. (a) Not less than two million three hundred twenty-four
thousand dollars ($2,324,000) of the federal discretionary funds
appropriated to the State Department of Education under the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) in any fiscal year shall be expended for early childhood
special education services for infants or toddlers with exceptional
needs and their families, until the department determines, and the
Legislature concurs, that the funds are no longer needed for that
purpose.
(b) Programs ineligible to receive funding pursuant to Section
56425 or 56432 may receive funding pursuant to subdivision (a).
SEC. 51. Section 56428 of the Education Code is amended to read:
56428. (a) For the 1985-86 fiscal year, and each fiscal year
thereafter, any instructional personnel service unit that was used in
the prior fiscal year to provide services to children younger than
three years of age shall continue to be used for that purpose. If a
special education local plan area becomes ineligible for all or any
portion of those instructional personnel service units operated and
fundable in the prior fiscal year, the Superintendent of Public
Instruction shall allocate those units to another local plan area for
the purpose of providing services to children younger than three
years of age.
(b) In the 1998-99 fiscal year, the instructional personnel
service unit rates used to compute state funding under this chapter
shall be adjusted to represent the actual, historic inflation
adjustment amount funded for each provider of early childhood special
education services under this chapter. To make this adjustment, the
superintendent shall make the following calculation:
(1) Divide the amount of funding received by the special education
local plan area in the 1997-98 fiscal year from property taxes and
state aid, after applying the deficit, for early childhood special
education for individuals with exceptional needs by the amount the
special education local plan area was entitled to receive for the
1997-98 fiscal year for that program.
(2) Multiply the amount determined in paragraph (1) by the
instructional personnel service unit rates for the 1997-98 fiscal
year used to compute state funding for early childhood special
education for individuals with exceptional needs prior to the
application of the inflation adjustment for the 1998-99 fiscal year.
(c) For the 1998-99 fiscal year, the department shall transfer an
amount from schedule (a) to schedule (b) of Item 6110-161-0001 of
Section 2.00 of the Budget Act of 1998, equal to the amount
determined by the department, with the approval of the Department of
Finance, to be the amount of funding received by the special
education local plan area from property taxes in the 1997-98 fiscal
year for early childhood special education services for individuals
with exceptional needs, multiplied by the inflation factor computed
pursuant to Section 42238.1 for the 1998-99 fiscal year and adjusted
for the estimated growth in average daily attendance for kindergarten
and grades 1 to 12, inclusive, pursuant to the May Revision of the
Governor's Budget for the 1998-99 fiscal year.
SEC. 52. Section 56429
of the Education Code is amended to read:
56429. In order to assure the maximum utilization and
coordination of local early childhood special education services,
eligibility for the receipt of funds pursuant to Section 56425,
56427, 56428, or 56432 is conditioned upon the approval by the
superintendent of a local plan for early childhood special education
services, which approval shall apply for not less than one, nor more
than four, years. The local plan shall identify existing public and
private early childhood special education services, and shall include
an interagency plan for the delivery of early childhood special
education services in accordance with the California Early
Intervention Services Act, Title 14 (commencing with Section 95000)
of the Government Code.
SEC. 53. Section 56430 of the Education Code is amended to read:
56430. (a) Early childhood special education services may be
provided by any of the following methods:
(1) Directly by a local educational agency.
(2) Through an interagency agreement between a local educational
agency and another public agency.
(3) Through a contract with another public agency pursuant to
Section 56369.
(4) Through a contract with a certified nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency pursuant to Section 56366.
(5) Through a contract with a nonsectarian hospital in accordance
with Section 56361.5.
(b) Contracts or agreements with agencies identified in
subdivision (a) for early childhood special education services are
strongly encouraged when early childhood special education services
are currently provided by another agency, and when found to be a
cost-effective means of providing the services. The placement of
individual infants or toddlers under the contract shall not require
specific approval by the governing board of the district or the
county office.
(c) Early childhood special education services provided under this
chapter shall be funded pursuant to Sections 56427, 56428, and
56432.
SEC. 54. Section 56431 of the Education Code is amended to read:
56431. The superintendent shall develop procedures and criteria
to enable a district, special education local plan area, or county
office to contract with private nonprofit preschools or child
development centers to provide special education and related services
to infant, toddler, and preschool age individuals with exceptional
needs. The criteria shall include minimum standards that the
private, nonprofit preschool or center shall be required to meet.
SEC. 55. Section 56432 of the Education Code is amended to read:
56432. (a) For the 1998-99 fiscal year and each fiscal year
thereafter, a special education local plan area shall be eligible for
state funding of those instructional personnel service units
operated and fundable for services to individuals with exceptional
needs younger than three years of age at the second principal
apportionment of the prior fiscal year, as long as the pupil count of
these pupils divided by the number of instructional personnel
service units is not less than the following:
(1) For special classes and centers--12, based on the unduplicated
pupil count.
(2) For resource specialist programs--24, based on the
unduplicated pupil count.
(3) For designated instruction and services--12, based on the
unduplicated pupil count, or 39, based on the duplicated pupil count.
(b) A special education local plan area shall be eligible for
state funding of instructional personnel service units for services
to individuals with exceptional needs younger than three years of age
in excess of the number of instructional personnel service units
operated and fundable at the second principal apportionment of the
prior fiscal year only with the authorization of the superintendent.
(c) The superintendent shall base the authorization of funding for
special education local plan areas pursuant to this section,
including the reallocation of instructional personnel service units,
upon criteria that shall include, but not be limited to, the
following:
(1) Changes in the total number of pupils younger than three years
of age enrolled in special education programs.
(2) High- and low-average caseloads per instructional personnel
service unit for each instructional setting.
(d) Infant programs in special classes and centers funded pursuant
to this item shall be supported by two aides, unless otherwise
required by the superintendent.
(e) Infant services in resource specialist programs funded
pursuant to this item shall be supported by one aide.
(f) When units are allocated pursuant to this subdivision, the
superintendent shall allocate only the least expensive unit
appropriate.
(g) Notwithstanding Sections 56211 and 56212, a special education
local plan area may apply for, and the superintendent may grant, a
waiver of any of the standards and criteria specified in this section
if compliance would prevent the provision of a free, appropriate
public education or would create undue hardship. In granting the
waivers, the superintendent shall give priority to the following
factors:
(1) Applications from special education local plan areas for
waivers for a period not to exceed three years to specifically
maintain or increase the level of special education services
necessary to address the special education service requirements of
individuals with exceptional needs residing in sparsely populated
districts or attending isolated schools designated in the
application.
(A) Sparsely populated districts are school districts that meet
one of the following conditions:
(i) A school district or combination of contiguous school
districts in which the total enrollment is less than 600 pupils,
kindergarten and grades 1 to 12, inclusive, and in which one or more
of the school facilities is an isolated school.
(ii) A school district or combination of contiguous school
districts in which the total pupil density ratio is less than 15
pupils, kindergarten and grades 1 to 12, inclusive, per square mile
and in which one or more of the school facilities is an isolated
school.
(B) Isolated schools are schools with enrollments of less than 600
pupils, kindergarten and grades 1 to 12, inclusive, that meet one or
more of the following conditions:
(i) The school is located more than 45 minutes average driving
time over commonly used and well-traveled roads from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(ii) The school is separated, by roads that are impassable for
extended periods of time due to inclement weather, from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(iii) The school is of a size and location that, when its
enrollment is combined with the enrollments of the two largest
schools within an average driving time of not more than 30 minutes
over commonly used and well-traveled roads, including schools in
adjacent special education local plan areas, the combined enrollment
is less than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iv) The school is the one of normal attendance for a severely
disabled individual, as defined in Section 56030.5, or an individual
with a low-incidence disability, as defined in Section 56026.5, who
otherwise would be required to be transported more than 75 minutes,
average one-way driving time over commonly used and well-traveled
roads, to the nearest appropriate program.
(2) The location of licensed children's institutions, foster
family homes, residential medical facilities, or similar facilities
that serve children younger than three years of age and are within
the boundaries of a local plan if 3 percent or more of the local plan'
s unduplicated pupil count resides in those facilities.
(h) By authorizing units pursuant to this section, the
superintendent shall not increase the statewide total number of
instructional personnel service units for purposes of state
apportionments unless an appropriation specifically for growth in the
number of instructional personnel service units is made in the
annual Budget Act or other legislation. If that growth appropriation
is made, units authorized by the superintendent pursuant to this
section are subject to the restrictions that the units shall be
funded only by that growth appropriation and no other funds may be
apportioned for the units.
(i) The superintendent shall monitor the use of instructional
personnel service units retained or authorized by the granting of
waivers pursuant to subdivision (h) to ensure that the instructional
personnel service units are used in a manner wholly consistent with
the basis for the waiver request.
SEC. 56. Section 56473 of the Education Code is amended to read:
56473. Project workability shall be funded pursuant to Item
6110-161-0001 and Item 6110-161-0890 of Section 2.00 of the Budget
Act.
SEC. 57. Section 56475 of the Education Code is amended to read:
56475. (a) The superintendent and the directors of the State
Department of Health Services, the State Department of Mental Health,
the State Department of Developmental Services, the State Department
of Social Services, the Department of Rehabilitation, the Department
of the Youth Authority, and the Employment Development Department
shall develop written interagency agreements or adopt joint
regulations that include programmatic and fiscal responsibilities for
the provision of special education and related services to
individuals with exceptional needs in the State of California.
(b) The superintendent shall develop interagency agreements with
other state and local public agencies, as deemed necessary by the
superintendent, to carry out the provisions of state and federal law.
(c) (1) Each interagency agreement shall be submitted by the
superintendent to each legislative fiscal committee, education
committee, and policy committee, responsible for legislation relating
to those individuals with exceptional needs that will be affected by
the agreement if it is effective.
(2) An interagency agreement shall not be effective sooner than 30
days after it has been submitted to each of the legislative
committees specified in paragraph (1).
SEC. 58. Section 56476 is added to the Education Code, to read:
56476. (a) The Governor or designee of the Governor, in
accordance with paragraph (12) of subsection (a) of Section 1412 of
the United States Code, shall ensure that each agency under the
Governor's jurisdiction enters into an interagency agreement with the
superintendent in order to ensure that all services described in
subdivision (b) that are needed to ensure a free appropriate public
education are provided, including the provision of these services
during the pendency of any dispute under paragraph (3) of this
subdivision. The interagency agreement shall include the following:
(1) An identification of, or a method for defining, the financial
responsibility of each agency for providing services described in
subdivision (b) to ensure a free appropriate public education to
individuals with exceptional needs, provided that the financial
responsibility of each public agency described in subdivision (b),
including the state Medicaid agency and other public insurers of
individuals with disabilities, shall precede the financial
responsibility of the local educational agency or state agency
responsible for developing the child's individualized education
program. A noneducational public agency may not disqualify an
eligible service for Medicaid reimbursement because that service is
provided in a school context.
(2) The conditions, terms, and procedures under which a local
educational agency shall be reimbursed by other agencies.
(3) Procedures for resolving interagency disputes, including
procedures under which local educational agencies may initiate
proceedings under the agreement or mechanism, as described in
subdivision (d), to secure reimbursement from other agencies or
otherwise implement the provisions of the agreement or mechanism. If
no procedure is included in an agreement for resolving interagency
disputes, the procedure described in Section 56478 shall be used.
(4) Policies and procedures for agencies to determine and identify
the interagency coordination responsibilities of each agency to
promote the coordination and timely and appropriate delivery of
services described in subdivision (b).
(b) In accordance with subparagraph (A) of paragraph (12) of
subsection (a) of Section 1412 of the United States Code, if any
agency other than an educational agency is otherwise obligated under
federal or state law, or assigned responsibility under state policy
or pursuant to subdivision (a), to provide or pay for any services
that are also considered special education or related services, such
as, but not limited to, services described in Section 1401 of Title
20 of the United States Code relating to assistive technology
devices, assistive technology services, related services,
supplementary aids and services, and transition services that are
necessary for ensuring a free appropriate public education to
individuals with exceptional needs within the state, that public
agency shall fulfill that obligation or responsibility, either
directly or through contract or other arrangement.
(c) If an agency other than an educational agency fails to provide
or pay for the special education and related services described in
subdivision (b), the local educational agency or state agency
responsible for developing the child's individualized education
program shall provide or pay for such services to the child. The
local educational agency or state agency may then claim reimbursement
for the services from the public agency that failed to provide or
pay for such services and the public agency shall reimburse the local
educational agency or state agency pursuant to the terms of the
interagency agreement or other mechanism described in subdivision (a)
or (d) according to the procedures established in the agreement
pursuant to paragraph (2) of subdivision (a).
(d) The requirements of subdivision (a) may be met through any of
the following mechanisms:
(1) State statute or regulation.
(2) Signed agreements between respective agency officials that
clearly identify the responsibilities of each agency relating to the
provision of services.
(3) Other appropriate written methods as determined by the
Governor or the Governor's designee.
SEC. 59. Section 56477 is added to the Education Code, to read:
56477. Where an interagency agreement described in this chapter
delineates the programmatic and fiscal responsibilities of either
public or private subcontractors of any of the agencies named in
Section 56475, the interagency agreement shall be incorporated into,
and made a part of, any contract between the state agency and its
subcontractors.
SEC. 60. Section 56478 is added to the Education Code, to read:
56478. (a) If a dispute arises concerning the obligations and
responsibilities set forth in the interagency agreements described in
this chapter and there is no procedure outlined in the interagency
agreement for resolving the dispute, the dispute shall be resolved
pursuant to the dispute resolution procedures set forth in Section
7585 of the Government Code. Local agencies whose rights and
responsibilities are delineated in the interagency agreements may
initiate an action pursuant to, and are subject to the jurisdiction
of, the dispute resolution procedures set forth in Section 7585 of
the Government Code.
(b) Any reimbursement due from one agency to another pursuant to
an interagency agreement described in this chapter shall be
determined pursuant to the dispute resolution procedures set forth in
Section 7585 of the Government Code, and shall be ordered by the
designated dispute resolution adjudicator.
SEC. 61. Section 56479 is added to the Education Code, to read:
56479. All state departments, and their designated local
agencies, providing special education or related services that is
part of the individualized education program of an individual with
exceptional needs shall be governed by the procedural safeguard
provisions of Section 7586 of the Government Code and Section 1415 of
Title 20 of the United States Code.
SEC. 62. Section 56500.2 of the Education Code is repealed.
SEC. 63. Section 56500.2 is added to the Education Code, to read:
56500.2. (a) A complaint filed with the department regarding any
alleged violations of the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) or provision of this part shall be
investigated in an expeditious and effective manner pursuant to
Chapter 5.1 (commencing with Section 4600) of Title 5 of the
California Code of Regulations and Sections 300.660 to 300.662,
inclusive, of Title 34 of the Code of Federal Regulations.
(b) A complaint filed pursuant to subdivision (a) must allege a
violation that occurred not more than one year before the date that
the complaint is received in accordance with state procedures unless
a longer period is reasonable because the violation is continuing, or
the complainant is requesting compensatory services for a violation
that occurred not more than three years before the date the complaint
is received.
SEC. 64. Section 56500.4 is added to the Education Code, to read:
56500.4. (a) Written prior notice shall be given to the parents
or guardian of an individual with exceptional needs, or to the
parents or guardian of a child upon initial referral for assessment,
as the case may be, whenever the public education agency does either
of the following:
(1) Proposes to initiate or change the identification, assessment,
or educational placement of the child, in accordance with
subdivision (c), or the provision of a free appropriate public
education to the child.
(2) Refuses to initiate or change the identification, assessment,
or educational placement of the child, in accordance with subdivision
(c), or the provision of a free appropriate public education to the
child.
(b) The notice required by subdivision (a) shall include all of
the following:
(1) A description of the action proposed or refused by the public
education agency.
(2) An explanation of why the public education agency proposes or
refuses to take the action.
(3) A description of any other options that the agency considered
and the reasons why those options were rejected.
(4) A description of each assessment procedure, test, record, or
report the agency used as a basis for the proposed or refused action.
(5) A description of any other factors that are relevant to the
public education agency's proposal or refusal.
(6) A statement that the parents or guardian of the individual
with exceptional needs have protection under the procedural
safeguards of this chapter and, if this notice is not an initial
referral for assessment, the means by which a copy of a description
of the procedural safeguards can be obtained.
(7) Sources for parents or guardians to contact to obtain
assistance in understanding the provisions of this part.
(c) The notice required by subdivision (a) shall be written in
language understandable to the general public, and provided in the
native language of the parent or guardian or other mode of
communication used by the parent or guardian, unless it is clearly
not feasible to do so. If the native language or other mode of
communication of the parent or guardian is not a written language,
the public education agency shall take steps to ensure all of the
following:
(1) That the notice is translated orally or by other means to the
parent or guardian in his or her native language or other mode of
communication.
(2) That the parent or guardian understands the content of the
notice.
(3) That there is written evidence that the requirements in
paragraphs (1) and (2) of this subdivision have been met.
SEC. 65. Section 56500.5 is added to the Education Code, to read:
56500.5. Parents or guardians of an individual with exceptional
needs shall be given reasonable written prior notice, in accordance
with Section 56500.4, that their child will be graduating from high
school with a regular high school diploma because graduation from
high school with a regular diploma constitutes a change in placement.
SEC. 66. Section 56500.6 is added to the Education Code, to read:
56500.6. A public education agency shall not retaliate against a
complainant who files a complaint or the child of a complainant
pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1
of Title 5 of the California Code of Regulations, or any individual
who files a request for a due process hearing pursuant to this
chapter. Any report of retaliation shall be reported to the State
Department of Education, which shall investigate the complaint. The
department shall use existing resources to investigate any report of
retaliation pursuant to this section.
SEC. 67. Section 56522 is added to the Education Code, to read:
56522. (a) The term "functional analysis assessment," as used in
subdivision (b) of Section 3052 of Title 5 of the California Code of
Regulations to implement the provisions of this chapter, is not
equivalent with a "functional behavioral assessment" required in
Section 48915.5 and in clause (i) of subparagraph (B) of paragraph
(1) of subsection (k) of Section 1415 of Title 20 of the United
States Code and implementing regulations for disciplinary purposes.
(b) A functional behavior assessment and the behavior plan
resulting from that assessment shall be based on methodology
individually designed for the individual with exceptional needs and
the behavior being addressed. A functional behavior assessment shall
utilize review of records and interviews, and may include behavior
assessment scales, and observation of pupil behavior or environmental
conditions, to analyze retrospectively the function a specific
behavior, often having occurred only once, may have served for the
pupil. A functional behavior assessment shall be conducted for
behavior that has resulted in disciplinary suspension beyond 10
cumulative days in a school year, pursuant to Section 48915.5, when
an interim alternative educational setting or involuntary change in
placement is being considered in a disciplinary context, pursuant to
Section 48915.5, and whenever a manifestation determination in
response to a violation of a rule or code of conduct is occurring.
(c) Positive behavioral intervention, strategies, and supports, as
required by clause (i) of subparagraph (B) of paragraph (3) of
subsection (d) of Section 1414 of Title 20 of the United States Code,
hereafter referred to as a behavior support plan, shall be
considered by the individualized education program team in the
development of the individualized education program whenever behavior
is present that the team believes is impeding the learning of the
pupil or his or her peers, including following a functional
behavioral assessment in which the individualized education program
team finds that instructional or behavioral approaches, or both, are
warranted to address problem behavior.
(d) If a pupil requires a behavior support plan, it shall be part
of a pupil's individualized education program and shall describe
environmental and instructional changes and other techniques and
strategies, including positive behavioral interventions, strategies,
and supports. If a behavior support plan is not effective, the
individualized education program team shall either request a
functional analysis assessment or continue modifications to the
behavior support plan until success is attained.
(e) A behavior plan that only specifies consequences for
infractions shall not be considered either a behavior support plan or
a supplementary aid and support service.
(f) All staff working with a pupil shall have access to the pupil'
s behavior support plan.
SEC. 68. Section 56600 of the Education Code is amended to read:
56600. It is the intent of the Legislature to provide for ongoing
comprehensive evaluation of special education programs authorized by
this part and to do all of the following:
(a) Support the general purposes of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) stated in
subsection (d) of Section 1400 of Title 20 of the United States Code,
which include:
(1) Ensure that educators and parents or guardians have the
necessary tools to improve educational results for individuals with
exceptional needs.
(2) Provide for coordinated research, evaluation, and technical
assistance related to special education student and program
performance.
(3) Ensure through statewide evaluation the effectiveness of
efforts to educate individuals with exceptional needs.
(b) Support, through results-based evaluation, the achievement for
all individuals with exceptional needs of a free appropriate public
education (FAPE) that emphasizes special education and related
services designed to meet their unique needs and prepares them for
employment and independent living.
(c) Provide the Legislature, the Governor, the State Board of
Education, the Superintendent of Public Instruction, and program
administrators in local educational agencies with the information
necessary to refine and improve programs, policies, regulations,
guidelines, and procedures on a continuing basis, and to assess the
overall merits of these efforts.
(d) Support policy and programs that contribute to improved pupil
performance on an ongoing, long-term basis, and to assist state and
local special education agencies to establish ongoing followup of
pupils to evaluate longitudinal performance of pupils in, and former
pupils of, special education programs.
SEC. 69. Section 56600.5 of the Education Code is repealed.
SEC. 70. Section 56600.6 is added to the Education Code, to read:
56600.6. The superintendent shall ensure that pupil and program
performance results are monitored at the state and local levels in
order to do all of the following:
(a) Comply with paragraph (16) of subsection (a) of Section 1412
of Title 20 of the United States Code by evaluating pupil performance
against key performance indicators. Indicators will include, as
mandated, the performance of individuals with exceptional needs
on assessments,
dropout rates, and graduation rates. As necessary, other data may be
collected to support the state's participation in national studies
and evaluations described in subsection (a) of Section 1474 of Title
20 of the United States Code.
(b) Assist the Legislature, the State Board of Education, the
State Department of Education, and program administrators at the
local level in determining what changes are required in special
education programs to improve pupil performance.
(c) Identify the extent to which a free appropriate public
education is or is not achieved for all individuals with exceptional
needs.
SEC. 71. Section 56600.7 is added to the Education Code, to read:
56600.7. The superintendent shall design and implement, in
consultation with the Advisory Commission on Special Education and
with other groups and individuals the superintendent deems
appropriate, consistent with the timetable required pursuant to
Section 56602, a statewide special education evaluation program
consistent with paragraph (16) of subsection (a) of Section 1412 of
Title 20 of the United States Code.
SEC. 72. Section 56602 of the Education Code is amended to read:
56602. Pursuant to subparagraph (C) of paragraph (16) of
subsection (a) of Section 1412 of Title 20 of the United States Code,
the superintendent shall submit to the board, the Legislature, and
the Governor, every two years an evaluation of the special education
programs implemented under this part.
SEC. 73. Section 56603 of the Education Code is repealed.
SEC. 74. Section 56605 of the Education Code is amended to read:
56605. The superintendent shall periodically provide information
or sponsor or conduct workshops and seminars, or both, for the
education of local educational agency personnel assigned to, and
responsible for, the evaluation of local special education programs.
SEC. 75. Section 56606 of the Education Code is amended to read:
56606. (a) The superintendent shall provide for onsite program
and fiscal reviews of the implementation of plans approved under this
part. In performing the reviews and audits, the superintendent may
utilize the services of persons outside of the department chosen for
their knowledge of special education programs. Each district,
special education local plan area, or county office shall be reviewed
at least once during the period of approval of its local plan.
(b) Pursuant to subparagraph (B) of paragraph (16) of subsection
(a) of Section 1412 of Title 20 of the United States Code, the
superintendent, with field input, shall develop procedures and
standards for incorporating key performance indicators and evaluation
results into the process for monitoring local programs.
SEC. 76. Section 56836.01 of the Education Code is amended to
read:
56836.01. Commencing with the 1998-99 fiscal year and each fiscal
year thereafter, the administrator of each special education local
plan area, in accordance with the local plan approved by the board,
shall be responsible for the following:
(a) The fiscal administration of the annual budget plan pursuant
to clause (i) of subparagraph (E) of paragraph (12) of subdivision
(a) of Section 56205 and annual allocation plan for multidistrict
special education local plan areas pursuant to Section 56836.05 for
special education programs of school districts and county
superintendents of schools composing the special education local plan
area.
(b) The allocation of state and federal funds allocated to the
special education local plan area for the provision of special
education and related services by those entities.
(c) The reporting and accounting requirements prescribed by this
part.
SEC. 77. Section 56836.23 of the Education Code is amended to
read:
56836.23. Funds for regionalized operations and services and the
direct instructional support of program specialists shall be
apportioned to the special education local plan areas. As a
condition to receiving those funds, the special education local plan
area shall ensure that all functions listed below are performed in
accordance with the description set forth in its local plan adopted
pursuant to Section 56205:
(a) Coordination of the special education local plan area and the
implementation of the local plan.
(b) Coordinated system of identification and assessment.
(c) Coordinated system of procedural safeguards.
(d) Coordinated system of staff development and parent or guardian
education.
(e) Coordinated system of curriculum development and alignment
with the core curriculum.
(f) Coordinated system of internal program review, evaluation of
the effectiveness of the local plan, and implementation of a local
plan accountability mechanism.
(g) Coordinated system of data collection and management.
(h) Coordination of interagency agreements.
(i) Coordination of services to medical facilities.
(j) Coordination of services to licensed children's institutions
and foster family homes.
(k) Preparation and transmission of required special education
local plan area reports.
(l) Fiscal and logistical support of the community advisory
committee.
(m) Coordination of transportation services for individuals with
exceptional needs.
(n) Coordination of career and vocational education and transition
services.
(o) Assurance of full educational opportunity.
(p) Fiscal administration and the allocation of state and federal
funds pursuant to Section 56836.01.
(q) Direct instructional program support that may be provided by
program specialists in accordance with Section 56368.
SEC. 78. Section 56884 of the Education Code is amended to read:
56884. (a) To assist in implementation of this chapter, the State
Department of Education and state agencies listed in Section 56876
shall, by April 1, 1981, after consultation with representatives of
their respective local administering agencies, negotiate and enter
into interagency agreements to help promote coordination of services
for individuals with exceptional needs. The interagency agreements
shall include, but not be limited to, the definition of each agency's
roles and responsibilities for serving individuals with exceptional
needs.
(b) Any interagency agreements executed pursuant to this section
shall be subject to Chapter 4.7 (commencing with Section 56475).
SEC. 79. Section 59201 of the Education Code is amended to read:
59201. The diagnostic centers are a part of the public school
system of the state, except that they derive no revenue from the
State School Fund. The diagnostic centers provide services, including
pupil assessment, consultation, technical assistance, and training,
to school districts, county offices of education, and special
education local plan areas.
SEC. 80. Section 59203 of the Education Code is amended to read:
59203. The Superintendent of Public Instruction, in relation to
the diagnostic centers, shall do all of the following:
(a) Prescribe rules for the government of the centers.
(b) Appoint the directors of the centers and other officers and
employees.
(c) Remove for cause any officer, teacher, or employee.
SEC. 81. Section 59204.5 of the Education Code is amended to read:
59204.5. The Superintendent of Public Instruction, in connection
with the diagnostic centers and in cooperation with public and
private agencies, may:
(a) Conduct projects designed to meet needs of those categories of
disabled children selected by the Superintendent of Public
Instruction.
(b) Serve as a demonstration program to promote personnel
development through in-service education, internships, and
professional observations for education personnel, in cooperation
with institutions of higher education and local education agencies.
SEC. 82. Section 59210 of the Education Code is amended to read:
59210. The powers and duties of the directors of the diagnostic
centers are such as are assigned by the Superintendent of Public
Instruction.
SEC. 83. Section 59211 of the Education Code is amended to read:
59211. The Superintendent of Public Instruction may, on behalf of
the diagnostic centers, enter into one or more agreements with the
Trustees of the California State University, the University of
California, or any other university or college accredited by the
State Board of Education as a teacher training educational
institution.
SEC. 84. Section 59220 of the Education Code is repealed.
SEC. 85. Section 59220 is added to the Education Code, to read:
59220. Pupils residing within California shall be accepted by a
diagnostic center pursuant to criteria adopted by the Superintendent
of Public Instruction.
SEC. 86. Section 59223 of the Education Code is repealed.
SEC. 87. Section 60061 of the Education Code is amended to read:
60061. A publisher or manufacturer shall:
(a) Furnish the instructional materials offered by the publisher
at a price in this state that, including all costs of transportation
to that place, does not exceed the lowest price at which the
publisher offers those instructional materials for adoption or sale
to any state or school district in the United States.
(b) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made elsewhere in the United States.
(c) Provide any instructional materials free of charge in this
state to the same extent as that received by any state or school
district in the United States.
(d) Guarantee that all copies of any instructional materials sold
in this state are at least equal in quality to the copies of those
instructional materials that are sold elsewhere in the United States,
and are kept revised, free from all errors, and up to date as may be
required by the state board.
(e) Not in any way, directly or indirectly, become associated or
connected with any combination in restraint of trade in instructional
materials, or enter into any understanding, agreement, or
combination to control prices or restrict competition in the sale of
instructional materials for use in this state.
(f) Maintain a representative, office, or depository in the State
of California or arrange with an independently owned and operated
depository in the State of California to receive and fill orders for
instructional materials.
(g) (1) Provide to the state, at no cost, computer files or other
electronic versions of each state adopted literary title and the
right to transcribe, reproduce, modify, and distribute the material
in braille, large print only if the publisher does not offer such an
edition, recordings, American Sign Language videos for the deaf, or
other specialized accessible media exclusively for use by pupils with
visual disabilities or other disabilities that prevent use of
standard instructional materials. Computer files or other electronic
versions shall be provided on a timely basis and may be requested by
the state as needed for the purposes described in this subdivision.
(2) Computer files or other electronic versions shall maintain the
structural integrity of the standard instructional materials, be
compatible with commonly used braille translation and speech
synthesis software, and include corrections and revisions as may be
necessary.
(3) Computer files or other electronic versions of nonliterary
titles, including science and mathematics, shall be provided when
technology is available to convert those materials to a format that
maintains the structural integrity of the standard instructional
materials and is compatible with braille translation and speech
synthesis software.
(4) Receive certification from the state that the following shall
occur:
(A) The electronic copy of the printed instructional material in
specialized format will be used solely for pupils with disabilities
that prevent use of standard instructional materials.
(B) No one will copy or duplicate the printed instructional
materials for use by others.
(C) If the state permits a pupil to directly use the electronic
version of an instructional material, the disk or file shall be
copy-protected or the state shall take other reasonable precautions
to ensure that no one copies or distributes electronic versions of
instructional materials in violation of the Copyright Act of 1976 (17
U.S.C.A. Sec. 101, et seq.).
(h) Upon the willful failure of the publisher or manufacturer to
comply with the requirements of this section, be liable to the
governing board in the amount of three times the total sum that the
publisher or manufacturer was paid in excess of the price required
under subdivisions (a), (b), and (e), and in the amount of three
times the total value of the instructional materials and services
that the governing board is entitled to receive free of charge under
subdivision (c).
SEC. 87. Section 60061 of the Education Code is amended to read:
60061. (a) A publisher or manufacturer shall:
(a)
(1) Furnish the instructional materials offered by the
publisher at a price in this state that, including all costs of
transportation to that place, does not exceed the lowest price at
which the publisher offers those instructional materials for adoption
or sale to any state or school district in the United States.
(b)
(2) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made elsewhere in the United States.
(c)
(3) Provide any instructional materials free of charge in
this state to the same extent as that received by any state or school
district in the United States.
(d)
(4) Guarantee that all copies of any instructional materials
sold in this state are at least equal in quality to the copies of
those instructional materials that are sold elsewhere in the United
States, and are kept revised, free from all errors, and up to date as
may be required by the state board.
(e)
(5) Not in any way, directly or indirectly, become
associated or connected with any combination in restraint of trade in
instructional materials, or enter into any understanding, agreement,
or combination to control prices or restrict competition in the sale
of instructional materials for use in this state.
(f)
(6) Maintain a representative, office, or depository in the
State of California or arrange with an independently owned and
operated depository in the State of California to receive and fill
orders for instructional materials.
(g)
(7) Provide to the state, at no cost, computer files or
other electronic versions of each state adopted literary title and
the right to transcribe, reproduce, modify, and
distribute the material in Braille, large print,
braille, large print if the publisher does not offer a large
print edition, recordings, American Sign Language videos
for the deaf, or other specialized accessible media
exclusively for use by pupils with visual
disabilities. This right shall include computer diskette versions of
print materials if made available to any disabilities
or other disabilities that prevent use of standard instructional
materials. Computer files or other electronic versions shall be
provided within a timely basis and shall be requested by the state as
needed for the purposes described in this subdivision as follows:
other state, and those
(A) Computer files or other electronic versions of literary titles
shall maintain the structural integrity of the standard
instructional materials, be compatible with commonly used braille
translation and speech synthesis software, and include
corrections and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary
titles, including science and math, shall be provided when technology
is available to convert those materials to a format that maintains
the structural integrity of the standard instructional materials and
is compatible with braille translation and speech synthesis software.
(h)
(8) Upon the willful failure of the publisher or
manufacturer to comply with the requirements of this section, be
liable to the governing board in the amount of three times the total
sum that the publisher or manufacturer was paid in excess of the
price required under subdivisions (a), (b)
paragraphs (1), (2) , and (e) (5) of
subdivision (a) , and in the amount of three times the total
value of the instructional materials and services that the governing
board is entitled to receive free of charge under paragraph (3)
of subdivision (c) (a) .
(b) The state shall certify all of the following to the publisher
or manufacturer:
(1) Electronic copies of printed material in any specialized
formate provided to the state pursuant to this section shall be used
solely for pupils who have disabilities that prevent the use of
standard instructional materials.
(2) Printed instructional materials provided to the state pursuant
to this section may not be copied or duplicated for use by any
person other than a pupil who has a disability that prevents the use
of standard instructional materials or a person providing instruction
to the pupil.
(3) If a pupil is permitted to use an electronic version of an
instructional material, the disk or file shall be copy-protected or
other reasonable precautions shall be taken to ensure that
instructional material is not copied or distributed in violation of
the federal copyright law contained in Title 17 of the United States
Code.
SEC. 88. Section 60240 of the Education Code is amended to read:
60240. (a) The State Instructional Materials Fund is hereby
continued in existence in the State Treasury. The fund shall be a
means of annually funding the acquisition of instructional materials
as required by the Constitution of the State of California.
Notwithstanding Section 13340 of the Government Code, all money in
the fund is continuously appropriated to the State Department of
Education without regard to fiscal years for carrying out the
purposes of this part. It is the intent of the Legislature that the
fund shall provide for flexibility of instructional materials.
(b) The State Department of Education shall administer the fund
under policies established by the state board.
(c) (1) The state board shall encumber part of the fund to pay for
accessible instructional materials to accommodate pupils who are
visually impaired pursuant to Sections 60312 and 60313 or have other
disabilities and are unable to access the general curriculum.
(2) The state board may encumber funds, in an amount not to exceed
two hundred thousand dollars ($200,000), for replacement of
instructional materials, obtained by a school district with its
allowance that are lost or destroyed by reason of fire, theft,
natural disaster, or vandalism.
(3) The state board may encumber funds for the costs of
warehousing and transporting instructional materials it has acquired.
SEC. 89. Section 60313 of the Education Code is amended to read:
60313. (a) The Superintendent of Public Instruction shall
maintain a central clearinghouse-depository and duplication center
for the design, production, modification, and distribution of
braille, large print, special recordings, American Sign Language
videos, and other accessible versions of instructional materials for
use by pupils with visual impairments or other disabilities that
prevent the use of standard instructional materials who are enrolled
in the public schools of California who may require their use as
shall be determined by the state board.
(b) Assistive devices placed in the depository shall consist of
those designed for use by pupils with visual impairments enrolled in
the public schools who may require their use.
(c) The instructional materials in specialized media shall be
available to other pupils with disabilities enrolled in the public
schools of California who are unable to progress in the general
curriculum using conventional copies of textbooks, reference books,
and other study materials.
(d) The specialized textbooks, reference books, recordings, study
materials, tangible apparatus, equipment, and other similar items
shall be available for use by students with visual impairments
enrolled in the public community colleges, the California State
University, and the University of California.
SEC. 90. Section 62000.8 of the Education Code is repealed.
SEC. 91. Section 7572.2 is added to the Government Code, to read:
7572.2. (a) If consent is given by a parent or guardian,
emancipated pupil, or adult pupil, pursuant to Sections 4514 and 5328
of the Welfare and Institutions Code or any other provision of law
requiring consent to the disclosure of confidential information or
records, medical, psychological, and treatment records maintained by
other public agencies that are necessary in the identification,
assessment, and placement of an individual with exceptional needs, as
defined in Section 56026 of the Education Code, shall be made
available within 10 business days upon receipt of a written request
made by a special education administrator in a school district,
county office of education, or special education local plan area.
(b) Medical, psychological, and treatment records obtained from
noneducation public agencies under subdivision (a) for purposes of
developing an individualized education program shall be covered under
the Family Rights and Privacy Act (20 U.S.C. Sec. 1232g) and
implementing regulations.
SEC. 92. Section 7579 of the Government Code is amended to read:
7579. (a) Prior to placing a disabled child or a child suspected
of being disabled in a residential facility, outside the child's
home, a court, regional center for the developmentally disabled, or
public agency other than an educational agency, shall notify the
administrator of the special education local plan area in which the
residential facility is located. The administrator of the special
education local plan area shall provide the court or other placing
agency with information about the availability of an appropriate
public or nonpublic, nonsectarian special education program in the
special education local plan area where the residential facility is
located.
(b) Notwithstanding Section 56159 of the Education Code, the
involvement of the administrator of the special education local plan
area in the placement discussion, pursuant to subdivision (a), shall
in no way obligate a public education agency to pay for the
residential costs and the cost of noneducational services for a child
placed in a licensed children's institution or foster family home.
(c) It is the intent of the Legislature that this section will
encourage communication between the courts and other public agencies
that engage in referring children to, or placing children in,
residential facilities, and representatives of local educational
agencies. It is not the intent of the section to hinder the courts
or public agencies in their responsibilities for placing disabled
children in residential facilities when appropriate.
(d) Any public agency other than an educational agency that places
a disabled child or a child suspected of being disabled in a
facility out of state without the involvement of the school district,
special education local plan area, or county office of education in
which the parent or guardian resides, shall assume all financial
responsibility for the child's residential placement, special
education program, and related services in the other state unless the
other state or its local agencies assume responsibility.
SEC. 93. Section 7579.5 of the Government Code is amended to read:
7579.5. (a) A surrogate parent shall not be appointed for a child
who is a dependent or ward of the court unless the court
specifically limits the right of the parent or guardian to make
educational decisions for the child. A surrogate parent shall not be
appointed for a child who has reached the age of majority unless the
child has been declared incompetent by a court of law.
(b) A local educational agency shall appoint a surrogate parent
for a child under one or more of the following circumstances:
(1) The child is adjudicated a dependent or ward of the court
pursuant to Section 300, 601, or 602 of the Welfare and Institutions
Code upon referral of the child to a local educational agency for
special education and related services, or in cases where the child
already has a valid individualized education program.
(2) No parent for the child can be identified.
(3) The local educational agency, after reasonable efforts, cannot
discover the location of a parent.
(c) When appointing a surrogate parent, the local educational
agency shall, as a first preference, select a relative caretaker,
foster parent, or court appointed special advocate, if any of these
individuals exist and is willing and able to serve. If none of these
individuals is willing or able to act as a surrogate parent, the
local educational agency shall select the surrogate parent of its
choice. If the child is moved from the home of the relative
caretaker or foster parent who has been appointed as a surrogate
parent, the local educational agency shall appoint another surrogate
parent.
(d) For the purposes of this section, the surrogate parent shall
serve as the child's parent and shall have the rights relative to the
child's education that a parent has under Title 20 (commencing with
Section 1400) of the United States Code and pursuant to Part 300 of
Title 34 (commencing
with Section 300.1) of the Code of Federal Regulations. The
surrogate parent may represent the child in matters relating to
identification, assessment, instructional planning and development,
educational placement, reviewing and revising the individualized
education program, and in all other matters relating to the provision
of a free appropriate public education of the child. Notwithstanding
any other provision of law, this representation shall include the
provision of written consent to the individualized education program
including nonemergency medical services, mental health treatment
services, and occupational or physical therapy services pursuant to
this chapter. The surrogate parent may sign any consent relating to
individualized education program purposes.
(e) As far as practical, a surrogate parent should be culturally
sensitive to his or her assigned child.
(f) Individuals who would have a conflict of interest in
representing the child, as specified under federal regulations, shall
not be appointed as a surrogate parent. "An individual who would
have a conflict of interest," for purposes of this section, means a
person having any interests that might restrict or bias his or her
ability to advocate for all of the services required to ensure a free
appropriate public education for an individual with exceptional
needs, as defined in Section 56026 of the Education Code.
(g) Except for individuals who have a conflict of interest in
representing the child, and notwithstanding any other law or
regulation, individuals who may serve as surrogate parents include,
but are not limited to, foster care providers, retired teachers,
social workers, and probation officers who are not employees of a
public agency involved in the education or care of the child. The
surrogate parent shall not be an employee of a public or private
agency that is involved in the education or care of the child. If a
conflict of interest arises subsequent to the appointment of the
surrogate parent, the local educational agency shall terminate the
appointment and appoint another surrogate parent.
(h) The surrogate parent and the local educational agency
appointing the surrogate parent shall be held harmless by the State
of California when acting in their official capacity except for acts
or omissions that are found to have been wanton, reckless, or
malicious.
(i) Nothing in this section shall be interpreted to prevent a
parent or guardian of an individual with exceptional needs from
designating another adult individual to represent the interests of
the child for educational and related services. However, absent an
informed and written waiver of any potential conflict of interest by
the parent or guardian, the designated adult shall decline the role
to represent the interests of the child for educational and related
services if doing so creates a conflict of interest as specified in
subdivisions (f) and (g). An adult who would have a conflict of
interest in representing the child shall not solicit the parent to
represent the child or suggest representation.
(j) If funding for implementation of this section is provided, it
may only be provided from Item 6110-161-0890 of the annual Budget
Act.
SEC. 94. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.
SEC. 95. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make necessary revisions to special education as soon
as possible, it is necessary that this act take effect immediately.