Chapter 26.5Interagency Responsibilities for Providing Services to Children with Disabilities
Section § 7570
This law section states that both the Superintendent of Public Instruction and the Secretary of the Health and Human Services Agency are jointly responsible for making sure children with disabilities receive a free and appropriate public education. They must also ensure these children get necessary related services and designated instruction. The Superintendent is responsible for overseeing and monitoring the implementation of these requirements.
Section § 7571
This section allows the Secretary of the Health and Human Services Agency to assign a state department to handle specific responsibilities. Additionally, the Secretary or their appointed representative must also pick one agency in each county to manage and coordinate these services.
Section § 7572
This law explains how schools should assess children with suspected disabilities before providing any special services like occupational or physical therapy. Qualified medical professionals must do these assessments.
Recommendations for adding these services to a child's education plan must be based on formal assessments and can't depend on who pays for them. Parents can get independent assessments, which will also be reviewed.
If there's a disagreement on the recommendations, the assessment professional must discuss it with the parents and the educational team. A representative from the public agency must also participate in the decision-making process.
Section § 7573
This law ensures that schools deliver the special education and related services detailed in a child’s individualized education program (IEP). These services are necessary for the child to succeed in school.
Only qualified personnel, as defined by the Education Code and its regulations, are responsible for providing these services.
Section § 7575
This law outlines the responsibilities for providing medically necessary occupational and physical therapy to children under the California Children's Services. If the therapy is medically required and part of the child's education plan, the State Department of Health Care Services is responsible. If the therapy is educationally necessary but not medically necessary, then the local education agency provides it. The law specifies that these decisions are based on a medical referral, which details the child's medical condition and the therapy's intended goals. Furthermore, these services can be delivered directly or through contracts with other qualified entities. Additionally, local education agencies must facilitate the necessary space and equipment, and the Department must ensure home health aide services for certain students who require medical services during school hours.
Section § 7577
This law requires the State Department of Rehabilitation and the State Department of Education in California to work together to create assessment procedures. These procedures are for determining if disabled high school students qualify for rehabilitation services to help them transition from school to work. The procedures must be shared with local education agencies.
Additionally, the Department of Rehabilitation must keep providing the current level of services to high school students involved in the project work ability and look for more funding to enhance these services.
Section § 7578
This law ensures that disabled children and youth living in state hospitals receive special education programs and related services. The responsibility for providing these services is shared by the State Department of Developmental Services, the State Department of State Hospitals, and the Superintendent of Public Instruction, in line with existing education regulations.
Section § 7579
Before placing a disabled child in a residential facility away from home, the court or agency must inform the local special education administrator where the facility is. This administrator will then provide information about special education program options available nearby.
Even with their involvement, public education agencies are not required to cover the costs of the child's residential placement or noneducational services.
The law aims to improve communication between courts, agencies, and education representatives when placing children in residential facilities, but does not intend to interfere with the placement process.
If a non-educational agency places a child in an out-of-state facility without local school district involvement, that agency must cover all related costs unless the other state assumes responsibility.
Section § 7579.1
This law outlines the process for discharging a disabled child or youth with an individualized education program (IEP) from a hospital, medical facility, or foster home. The facility or agency responsible must notify the relevant local educational agency and the new district where the child will be placed at least 10 days before discharge. This notification must include the child’s IEP and relevant information for their continued education. After discharge, the new local educational agency must promptly arrange an appropriate educational placement for the child. If the correct processes aren't followed, local plan area directors must report these failures to the Superintendent of Public Instruction.
Section § 7579.2
This law states that when a disabled person with an active individualized education program leaves a state developmental center or hospital, they should be relocated to a community setting as near as possible to their parent's, guardian's, or conservator's home. This is to ensure their right to receive special education and necessary services in a setting that is the least restrictive possible.
Section § 7579.5
This section requires local educational agencies (LEAs) to appoint a surrogate parent for a child needing one, typically within 30 days of determining the need. A surrogate is necessary when a child has no responsible adult to make educational decisions or can't be located. Preference is given to a relative, foster parent, or court-appointed advocate to serve as a surrogate if they are available and willing.
The surrogate parent can act in all educational matters, including special education services, instructional planning, and signing consents. They must be culturally sensitive and respect confidentiality. Surrogate parents can resign with notice and may not serve if there's a conflict of interest. The surrogate role ends when certain conditions, like the child turning 18, are met. The state provides training for surrogate parents, and funding for this law relies on specific budget allocations.
Section § 7579.6
This section details how a surrogate parent can be appointed for certain children. For a child who is a ward of the state, a judge can appoint a surrogate parent if they meet necessary qualifications. In the case of unaccompanied homeless youth, the local school district must appoint a surrogate parent following specific federal guidelines.
Section § 7580
Before a community care facility that houses disabled children or youths can be licensed or its capacity expanded, the State Department of Social Services must consult with local special education administrators. This is to ensure that the licensing or expansion won’t negatively affect local education providers.
Section § 7581
If a child is placed in a medical or residential facility by a public agency (not a local school agency) or by their parents, the financial responsibility for the residential and noneducational costs falls on the agency or the parents, not the state or local schools.
Section § 7582
In California, when a child is referred for assessment by a local education agency, or a disabled child has an individualized education program, the assessments and therapy treatments they receive under the State Department of Health Care Services programs don't require the family to meet financial eligibility criteria or pay for these services.
Section § 7584
In this section, the terms 'disabled youth,' 'child,' or 'pupil' refer to individuals who have special educational needs, as outlined in another section of the Education Code.
Section § 7585
This law describes what happens if a department fails to provide a necessary service for a child as outlined in their individualized education program (IEP). If this occurs, the parent or local agency must notify the state. The Superintendent and the Secretary of Health and Human Services must try to fix the issue within 15 days, and if they can't, they pass it on to the Office of Administrative Hearings for a decision. Meanwhile, the child continues to receive the services in question. The law also outlines that disputes can be appealed and that service provision must continue during disputes. Parents can also request a due process hearing if needed.
Section § 7586
This law outlines the procedures for resolving disputes over services provided by state departments and local agencies in California, which must follow certain federal safeguards. If a disagreement arises about specific services, a due process hearing will be conducted by the Superintendent of Public Instruction, whose decision is final. When a hearing request is received by a non-educational agency, all involved parties will be notified, and multiple services disputes will be heard together with all responsible agencies participating. It's important to note that public agencies aren't allowed to request a due process hearing against another public agency.
Section § 7587
This law required each state department mentioned in this chapter to create necessary regulations by January 1, 1986, to implement the act. Before officially filing the regulations, they must be checked by the Superintendent of Public Instruction to ensure they align with federal and state laws about disabled children's education.
The directors must adopt these as emergency regulations, meaning they're urgently needed, which bypasses the usual review and approval process. However, they need to be finalized and effective by June 30, 1997, becoming official upon filing with the Secretary of State. Importantly, public input should be considered when developing these regulations.