SECTIONS 56120-56139 - California Statutes

EDUCATION CODE

SECTION 56120-56139

56120. The superintendent shall administer the provisions of this
part.

56121. The superintendent shall grant approval of the organization
of the local plans within each county.

56122. The superintendent shall establish guidelines for the
development of local plans, including a standard format for local
plans, and provide assistance in the development of local plans. The
purposes of such guidelines and assistance shall be to help districts
and county offices benefit from the experience of other local
agencies that implement programs under this part, including, but not
limited to, reducing paperwork, increasing parental involvement, and
providing effective staff development activities. To the extent
possible, all forms, reports, and evaluations shall be designed to
satisfy simultaneously state and federal requirements.

56123. The superintendent shall review and recommend to the board
for approval, local plans developed and submitted in accordance with
this part.

56124. The superintendent shall promote innovation and improvement
in the field of special education at the public and nonpublic,
nonsectarian school, district, county, and state levels.

56125. (a) The Superintendent shall monitor, provide technical
assistance, and enforce the provisions of this part pursuant to
Section 56600.6.
(b) The Superintendent shall monitor the implementation of local
plans by periodically conducting onsite program and fiscal reviews,
in accordance with Sections 300.114 to 300.120, inclusive, of Title
34 of the Code of Federal Regulations.

56126. The superintendent shall encourage the maximum practicable
involvement of parents of children enrolled in special education
programs.

56127. The superintendent shall make recommendations in the areas
of staff development, curriculum, testing and multicultural
assessment, and the development of materials for special education
programs.

56128. The superintendent shall prepare for board approval, as
necessary, any state plan required by federal law in order that this
state may qualify for any federal funds available for the education
of individuals with exceptional needs.

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 centers are
coordinated with the services of the local educational agency.

56130. The superintendent shall develop in accordance with Section
56602, a biennial performance report of special education programs
authorized under this part for submission to the board.

56131. The superintendent shall apportion funds in accordance with
Chapter 7.2 (commencing with Section 56836) and approved local plans.

56132. The superintendent shall assist districts, county offices,
and special education local plan areas in the improvement and
evaluation of their programs.

56133. The superintendent shall provide for the mediation
conference prescribed by Sections 56502 and 56503 and the state
hearing prescribed by Section 56505.

56134. The superintendent shall perform the duties prescribed by
Chapter 4.5 (commencing with Section 56452).

56135. (a) The superintendent shall be responsible for assuring
provision of, and supervising, education and related services to
individuals with exceptional needs as specifically required pursuant
to the Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.).
(b) Nothing in this part shall be construed to authorize the
superintendent to prescribe health care services.

56136. The superintendent shall develop guidelines for each low
incidence disability area and provide technical assistance to
parents, teachers, and administrators regarding the implementation of
the guidelines. The guidelines shall clarify the identification,
assessment, planning of, and the provision of, specialized services
to pupils with low incidence disabilities. The superintendent shall
consider the guidelines when monitoring programs serving pupils with
low incidence disabilities pursuant to subdivision (a) of Section
56836.04. The adopted guidelines shall be promulgated for the purpose
of establishing recommended guidelines and shall not operate to
impose minimum state requirements.

56138. The Superintendent shall develop, and the board shall adopt,
performance goals and indicators for individuals with exceptional
needs that are consistent with, to the maximum extent appropriate,
the standards for all pupils in the public education system, in
accordance with the provisions of Section 1412(a)(15) of Title 20 of
the United States Code and Section 300.157 of Title 34 of the Code of
Federal Regulations.

56139. (a) The superintendent is responsible for monitoring local
educational agencies to ensure compliance with the requirement to
provide mental health services to individuals with exceptional needs
pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7
of Title 1 of the Government Code and to ensure that funds provided
for this purpose are appropriately utilized.
(b) The superintendent shall submit a report to the Legislature by
April 1, 2005, that includes all of the following:
(1) A description of the data that is currently collected by the
department related to pupils served and services provided pursuant to
Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1
of the Government Code.
(2) A description of the existing monitoring processes used by the
department to ensure that local educational agencies are complying
with Chapter 26.5 (commencing with Section 7570) of Division 7 of
Title 1 of the Government Code, including the monitoring performed to
ensure the appropriate use of funds for programs identified in
Section 64000.
(3) Recommendations on the manner in which to strengthen and
improve monitoring by the department of the compliance by a local
educational agency with the requirements of Chapter 26.5 (commencing
with Section 7570) of Division 7 of Title 1 of the Government Code,
on the manner in which to strengthen and improve collaboration and
coordination with the State Department of Mental Health in monitoring
and data collection activities, and on the additional data needed
related to Chapter 26.5 (commencing with Section 7570) of Division 7
of Title 1 of the Government Code.
(c) The superintendent shall collaborate with the Director of the
State Department of Mental Health in preparing the report required
pursuant to subdivision (b) and shall convene at least one meeting of
appropriate stakeholders and organizations, including a
representative from the State Department of Mental Health and mental
health directors, to obtain input on existing data collection and
monitoring processes, and on ways to strengthen and improve the data
collected and monitoring performed.