SECTIONS 56195.7-56195.10 - California Statutes

EDUCATION CODE

SECTION 56195.7-56195.10

56195.7. In addition to the provisions required to be included in
the local plan pursuant to Chapter 3 (commencing with Section 56205),
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,
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 paragraph (3)
of subdivision (b) of Section 56205.
(j) (1) In accordance with Section 1413 of Title 20 of the United
States Code, each single-district special education local plan area
established pursuant to Section 56195.1 shall have a written
procedure for the ongoing review of programs conducted, and
procedures utilized pursuant to Section 56205, under the local plan
as defined pursuant to Section 56027 and administered pursuant to
Section 56195, and a mechanism for correcting any identified problem
pursuant to paragraph (6) of subdivision (c).
(2) Multidistrict special education local plan areas established
pursuant to subdivision (b) of Section 56195.1 and a district or
districts joined with the county office in accordance with
subdivision (c) of Section 56195.1 shall have a written agreement
entered into by entities participating in the local plan that
includes a provision for ongoing review of programs conducted, and
procedures utilized, under the local plan, and a mechanism for
correcting any identified problem pursuant to paragraph (6) of
subdivision (c).
(3) The written procedure referenced in paragraph (1) and the
written agreement referenced in paragraph (2) need not be submitted
to the superintendent but shall be available upon request by the
department.

56195.8. (a) Each entity providing special education under this
part shall adopt policies for the programs and services it operates,
consistent with agreements adopted pursuant to subdivision (b) or (c)
of Section 56195.1 or Section 56195.7. The policies need not be
submitted to the superintendent.
(b) The policies shall include, but not be limited to, all of the
following:
(1) Nonpublic, nonsectarian services, including those provided
pursuant to Sections 56365 and 56366.
(2) Review, at a general education or special education teacher's
request, of the assignment of an individual with exceptional needs to
his or her class and a mandatory meeting of the individualized
education program team if the review indicates a change in the pupil'
s placement, instruction, related services, or any combination
thereof. The procedures shall indicate which personnel are
responsible for the reviews and a timetable for completion of the
review.
(3) Procedural safeguards pursuant to Chapter 5 (commencing with
Section 56500).
(4) Resource specialists pursuant to Section 56362.
(5) Transportation, where appropriate, which describes how special
education transportation is coordinated with regular home-to-school
transportation. The policy shall set forth criteria for meeting the
transportation needs of special education pupils. The policy shall
include procedures to ensure compatibility between mobile seating
devices, when used, and the securement systems required by Federal
Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to
ensure that schoolbus drivers are trained in the proper installation
of mobile seating devices in the securement systems.
(6) Information on the number of individuals with exceptional
needs who are being provided special education and related services.
(7) Caseloads pursuant to Chapter 4.45 (commencing with Section
56440) of Part 30. The policies, with respect to caseloads, shall not
be developed until guidelines or proposed regulations are issued
pursuant to Section 56441.7. The guidelines or proposed regulations
shall be considered when developing the caseload policy. A statement
of justification shall be attached if the local caseload policy
exceeds state guidelines or proposed regulations.
(c) The policies may include, but are not limited to, provisions
for involvement of district and county governing board members in any
due process hearing procedure activities conducted pursuant to, and
consistent with, state and federal law.

56195.9. The plan for special education shall be developed and
updated cooperatively by a committee of representatives of special
and regular teachers and administrators selected by the groups they
represent and with participation by parent members of the community
advisory committee, or parents selected by the community advisory
committee, to ensure adequate and effective participation and
communication.

56195.10. Unless the process described in subdivision (i) of
Section 56195.7 specifies an alternative method of distribution of
state and local funds among the participating local educational
agencies, the funds shall be distributed by the special education
local plan area as allocated instructional personnel service units
and operated as computed in Chapter 7 (commencing with Section 56700)
as that chapter existed on December 31, 1998, or Chapter 7.1
(commencing with Section 56835).