SECTIONS 56140 - California Statutes

EDUCATION CODE

SECTION 56140

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 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 paragraph (2) of subdivision (b) of
Section 56205.