Section § 95006

Explanation

This section mandates that the early intervention services in California are directed by both the Secretary of the Health and Human Services Agency and the Superintendent of Public Instruction. The State Department of Developmental Services, along with the State Department of Education, is responsible for planning, developing, implementing, and monitoring these services. Additionally, they will be assisted by an interagency coordinating council, as required by federal regulations.

This title shall be administered under the shared direction of the Secretary of the Health and Human Services Agency and the Superintendent of Public Instruction. The planning, development, implementation, and monitoring of the statewide system of early intervention services shall be conducted by the State Department of Developmental Services in collaboration with the State Department of Education with the advice and assistance of an interagency coordinating council established pursuant to federal regulations.

Section § 95007

Explanation

This section outlines the responsibilities of the State Department of Developmental Services in California for managing the statewide system for early intervention services for infants with disabilities under Part C of the federal Individuals with Disabilities Education Act (IDEA). The department serves as the main point of contact with federal authorities, administers the state early intervention system, and handles fiscal and interagency agreements.

The duties include coordinating information sharing among agencies, supporting families during transitions, handling complaints, monitoring compliance, and ensuring the confidentiality of information. The department also sets up innovative ways to distribute information and support families, ensuring that eligible infants receive appropriate services, except for those with only low incidence disabilities not covered under relevant frameworks.

Collaboration with the State Department of Education is emphasized for developing monitoring processes and complaint resolution procedures. The procedural safeguards established are intended to be the standard across the entire system and override any pre-existing processes for such cases.

The State Department of Developmental Services shall serve as the lead agency responsible for administration and coordination of the statewide system. The specific duties and responsibilities of the State Department of Developmental Services shall include, but are not limited to, all of the following:
(a)CA Government Code § 95007(a) Establishing a single point of contact with the federal Office of Special Education Programs for the administration of Part C of the federal Individuals with Disabilities Education Act.
(b)CA Government Code § 95007(b) Administering the state early intervention system in accordance with Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.), applicable regulations, and an approved state application.
(c)CA Government Code § 95007(c) Administering mandatory and discretionary components as specified in Sections 95022 and 95024.
(d)CA Government Code § 95007(d) Administering fiscal arrangements and interagency agreements with participating agencies and community-based organizations to implement this title.
(e)Copy CA Government Code § 95007(e)
(1)Copy CA Government Code § 95007(e)(1) Establishing interagency procedures, including the designation of local coordinating structures, as are necessary to share agency information and to coordinate policymaking activities. In developing these procedures, efforts shall be made to schedule meetings with, and engage parents and legal guardians in, transition-related activities.
(2)CA Government Code § 95007(e)(2) Require each regional center to designate a main point of contact for coordinating and completing, with other agencies and persons, the transition of a child and family from Part C to Part B of the federal Individuals with Disabilities Education Act, including establishing practices to educate and support families during transition.
(f)CA Government Code § 95007(f) Adopting written procedures for receiving and resolving complaints regarding violations of Part C of the federal Individuals with Disabilities Education Act by public agencies covered under this title, as specified in Section 1435(a)(10) of Title 20 of the United States Code and appropriate federal regulations.
(g)CA Government Code § 95007(g) Establishing, adopting, and implementing procedural safeguards that comply with the requirements of Part C of the federal Individuals with Disabilities Education Act, as specified in Section 1439 of Title 20 of the United States Code and appropriate federal regulations.
(h)Copy CA Government Code § 95007(h)
(1)Copy CA Government Code § 95007(h)(1) Monitoring of agencies, institutions, and organizations receiving assistance under this title.
(2)CA Government Code § 95007(h)(2) Monitoring shall be conducted by interagency teams that are sufficiently trained to ensure compliance. Interagency teams shall consist of, but not be limited to, representatives from the State Department of Developmental Services, the State Department of Education, the interagency coordinating council, or a local family resource center or network, parent, direct service provider, or any other agency responsible for providing early intervention services.
(3)CA Government Code § 95007(h)(3) All members of an interagency team shall have access to all information that is subject to review. Members of each interagency team shall maintain the confidentiality of the information, and each member of the interagency team shall sign a written agreement of confidentiality.
(4)CA Government Code § 95007(h)(4) A summary of monitoring issues and findings shall be forwarded biannually to the interagency coordinating council for review.
(i)CA Government Code § 95007(i) Establishing innovative approaches to information distribution, family support services, and interagency coordination at the local level. This shall include the posting of information for parents specific to transition requirements along with other parent training opportunities on the lead agency’s internet website, the regional centers’ websites, and other appropriate internet websites.
(j)CA Government Code § 95007(j) Ensuring the provision of appropriate early intervention services to all infants eligible under Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and under Section 95014, except for those infants who have solely a low incidence disability as defined in Section 56026.5 of the Education Code and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
The development and implementation of subdivisions (e) to (h), inclusive, shall be a collaborative effort between the State Department of Developmental Services and the State Department of Education. In establishing the written procedures for receiving and resolving complaints as specified in subdivision (f) and in establishing and implementing procedural safeguards as specified in subdivision (g), it is the intent of the Legislature that these procedures be identical for all infants served under this act and shall be in accordance with Sections 303.400 and 303.420(b) of Title 34 of the Code of Federal Regulations. The procedural safeguards and due process requirements established under this title shall replace and be used in lieu of due process procedures contained in Chapter 1 (commencing with Section 4500) of Division 4.5 of the Welfare and Institutions Code and Part 30 (commencing with Section 56500) of the Education Code for infants and their families eligible under this title.

Section § 95008

Explanation

The California State Department of Education is in charge of managing programs and services for infants who have only visual, hearing, or severe orthopedic impairments. These infants must meet specific criteria and are not covered by other disability services acts. This department ensures that each local educational agency appoints someone to coordinate the child's transition from infant programs (Part C) to preschool (Part B) as per federal law. This includes helping families understand and support their child's transition.

(a)CA Government Code § 95008(a) The State Department of Education shall be responsible for administering services and programs for infants with solely visual, hearing, and severe orthopedic impairments, and any combination thereof, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a), (b), (d), or (e) of, and Section 3031 of, Title 5 of the California Code of Regulations and Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(b)CA Government Code § 95008(b) The State Department of Education shall require each local educational agency to designate a main point of contact for coordinating and completing, with other agencies and persons, the transition of a child and family from Part C to Part B of the federal Individuals with Disabilities Education Act, including establishing practices to educate and support families during transition.

Section § 95009

Explanation

This law mandates that both the State Department of Developmental Services and the State Department of Education work together to create rules that comply with certain requirements. These agencies need to agree on the rules and have them ready by October 1, 1995. Additionally, the Department of Finance must review and provide feedback on these rules before any public hearings take place.

The development of joint regulations for meeting the requirements of this title shall be the shared responsibility of the State Department of Developmental Services on behalf of the Secretary of the Health and Welfare Agency, and the State Department of Education on behalf of the Superintendent of Public Instruction. The joint regulations shall be agreed upon by both departments. These regulations shall be developed and approved by October 1, 1995. The Department of Finance shall review and comment upon the joint regulations prior to any public hearing on them.