SECTIONS 56205-56208 - California Statutes

EDUCATION CODE

SECTION 56205-56208

56205. (a) Each special education local plan area submitting a
local plan to the Superintendent under this part shall ensure, in
conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the
United States Code, and in accordance with Section 300.201 of Title
34 of the Code of Federal Regulations, that it has in effect
policies, procedures, and programs that are consistent with state
laws, regulations, and policies governing the following:
(1) Free appropriate public education.
(2) Full educational opportunity.
(3) Child find and referral.
(4) Individualized education programs, including development,
implementation, review, and revision.
(5) Least restrictive environment.
(6) Procedural safeguards.
(7) Annual and triennial assessments.
(8) Confidentiality.
(9) Transition from Subchapter III (commencing with Section 1431)
of Title 20 of the United States Code to the preschool program.
(10) Children in private schools.
(11) Compliance assurances, including general compliance with the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973
(29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating
thereto, and this part.
(12) (A) A description of the governance and administration of the
plan, including identification of the governing body of a
multidistrict plan or the individual responsible for administration
in a single district plan, and of the elected officials to whom the
governing body or individual is responsible.
(B) A description of the regionalized operations and services
listed in Section 56836.23 and the direct instructional support
provided by program specialists in accordance with Section 56368 to
be provided through the plan.
(C) Verification that a community advisory committee has been
established pursuant to Section 56190.
(D) Multidistrict plans, submitted pursuant to subdivision (b) or
(c) of Section 56195.1, shall do the following:
(i) Specify the responsibilities of each participating county
office and district governing board in the policymaking process, the
responsibilities of the superintendents of each participating
district and county in the implementation of the plan, and the
responsibilities of district and county administrators of special
education in coordinating the administration of the local plan.
(ii) Identify the respective roles of the administrative unit and
the administrator of the special education local plan area and the
individual local educational agencies within the special education
local plan area in relation to the following:
(I) The hiring, supervision, evaluation, and discipline of the
administrator of the special education local plan area and staff
employed by the administrative unit in support of the local plan.
(II) The allocation from the state of federal and state funds to
the special education local plan area administrative unit or to local
educational agencies within the special education local plan area.
(III) The operation of special education programs.
(IV) Monitoring the appropriate use of federal, state, and local
funds allocated for special education programs.
(V) The preparation of program and fiscal reports required of the
special education local plan area by the state.
(iii) Include copies of joint powers agreements or contractual
agreements, as appropriate, for districts and counties that elect to
enter into those agreements pursuant to subdivision (b) or (c) of
Section 56195.1.
(E) The description of the governance and administration of the
plan, and the policymaking process, shall be consistent with
subdivision (f) of Section 56001, subdivision (a) of Section 56195.3,
and Section 56195.9, and shall reflect a schedule of regular
consultations regarding policy and budget development with
representatives of special education and regular education teachers
and administrators selected by the groups they represent and parent
members of the community advisory committee established pursuant to
Article 7 (commencing with Section 56190) of Chapter 2.
(13) Personnel qualifications to ensure that personnel, including
special education teachers and personnel and paraprofessionals
providing related services, necessary to implement this part are
appropriately and adequately prepared and trained in accordance with
Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of
Title 20 of the United States Code.
(14) Performance goals and indicators.
(15) Participation in state and districtwide assessments,
including assessments described under Section 1111 of the federal
Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301
et seq.) and alternate assessments in accordance with Section 1412(a)
(16) of Title 20 of the United States Code, and reports relating to
assessments.
(16) Supplementation of state, local, and other federal funds,
including nonsupplantation of funds.
(17) Maintenance of financial effort.
(18) Opportunities for public participation prior to adoption of
policies and procedures.
(19) Suspension and expulsion rates.
(20) Access to instructional materials by blind individuals with
exceptional needs and others with print disabilities in accordance
with Section 1412(a)(23) of Title 20 of the United States Code.
(21) Overidentification and disproportionate representation by
race and ethnicity of children as individuals with exceptional needs,
including children with disabilities with a particular impairment
described in Section 1401 of Title 20 of the United States Code and
in accordance with Section 1412(a)(24) of Title 20 of the United
States Code.
(22) Prohibition of mandatory medication use pursuant to Section
56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the
United States Code.
(b) Each local plan submitted to the Superintendent under this
part shall also contain all the following:
(1) An annual budget plan that shall be adopted at a public
hearing held by the special education local plan area. Notice of this
hearing shall be posted in each school in the local plan area at
least 15 days prior to the hearing. The annual budget plan may be
revised during any fiscal year according to the policymaking process
established pursuant to subparagraphs (D) and (E) of paragraph (12)
of subdivision (a) and consistent with subdivision (f) of Section
56001 and Section 56195.9. The annual budget plan shall identify
expected expenditures for all items required by this part which shall
include, but not be limited to, the following:
(A) Funds received in accordance with Chapter 7.2 (commencing with
Section 56836).
(B) Administrative costs of the plan.
(C) Special education services to pupils with severe disabilities
and low incidence disabilities.
(D) Special education services to pupils with nonsevere
disabilities.
(E) Supplemental aids and services to meet the individual needs of
pupils placed in regular education classrooms and environments.
(F) Regionalized operations and services, and direct instructional
support by program specialists in accordance with Article 6
(commencing with Section 56836.23) of Chapter 7.2.
(G) The use of property taxes allocated to the special education
local plan area pursuant to Section 2572.
(2) An annual service plan shall be adopted at a public hearing
held by the special education local plan area. Notice of this hearing
shall be posted in each district in the special education local plan
area at least 15 days prior to the hearing. The annual service plan
may be revised during any fiscal year according to the policymaking
process established pursuant to subparagraphs (D) and (E) of
paragraph (12) of subdivision (a) and consistent with subdivision (f)
of Section 56001 and with Section 56195.9. The annual service plan
shall include a description of services to be provided by each
district and county office, including the nature of the services and
the physical location at which the services will be provided,
including alternative schools, charter schools, opportunity schools
and classes, community day schools operated by districts, community
schools operated by county offices, and juvenile court schools,
regardless of whether the district or county office is participating
in the local plan. This description shall demonstrate that all
individuals with exceptional needs shall have access to services and
instruction appropriate to meet their needs as specified in their
individualized education programs.
(3) A description of programs for early childhood special
education from birth through five years of age.
(4) A description of the method by which members of the public,
including parents or guardians of individuals with exceptional needs
who are receiving services under the plan, may address questions or
concerns to the governing body or individual identified in
subparagraph (A) of paragraph (12) of subdivision (a).
(5) A description of a dispute resolution process, including
mediation and final and binding arbitration to resolve disputes over
the distribution of funding, the responsibility for service
provision, and the other governance activities specified within the
plan.
(6) Verification that the plan has been reviewed by the community
advisory committee and that the committee had at least 30 days to
conduct this review prior to submission of the plan to the
Superintendent.
(7) A description of the process being utilized to meet the
requirements of Section 56303.
(c) A description of the process being utilized to oversee and
evaluate placements in nonpublic, nonsectarian schools and the method
of ensuring that all requirements of each pupil's individualized
education program are being met. The description shall include a
method for evaluating whether the pupil is making appropriate
educational progress.
(d) The local plan, budget plan, and annual service plan shall be
written in language that is understandable to the general public.

56206. As a part of the local plan submitted pursuant to Section
56205, each special education local plan area shall describe how
specialized equipment and services will be distributed within the
local plan area in a manner that minimizes the necessity to serve
pupils in isolated sites and maximizes the opportunities to serve
pupils in the least restrictive environments.

56207. (a) No educational programs and services already in
operation in school districts or a county office of education
pursuant to Part 30 (commencing with Section 56000) shall be
transferred to another school district or a county office of
education or from a county office of education to a school district
unless the special education local plan area has developed a plan for
the transfer which addresses, at a minimum, all of the following:
(1) Pupil needs.
(2) The availability of the full continuum of services to affected
pupils.
(3) The functional continuation of the current individualized
education programs of all affected pupils.
(4) The provision of services in the least restrictive environment
from which affected pupils can benefit.
(5) The maintenance of all appropriate support services.
(6) The assurance that there will be compliance with all federal
and state laws and regulations and special education local plan area
policies.
(7) The means through which parents and staff were represented in
the planning process.
(b) The date on which the transfer will take effect may be no
earlier than the first day of the second fiscal year beginning after
the date on which the sending or receiving agency has informed the
other agency and the governing body or individual identified in
subparagraph (A) of paragraph (12) of subdivision (a) of Section
56205, unless the governing body or individual identified in
subparagraph (A) of paragraph (12) of subdivision (a) of Section
56205 unanimously approves the transfer taking effect on the first
day of the first fiscal year following that date.
(c) If either the sending or receiving agency disagree with the
proposed transfer, the matter shall be resolved by the alternative
resolution process established pursuant to paragraph (5) of
subdivision (b) of Section 56205.
(d) Notwithstanding Section 56208, this section shall apply to all
special education local plan areas commencing on July 1, 1998,
whether or not a special education local plan area has submitted a
revised local plan for approval or has an approved revised local plan
pursuant to Section 56836.03.

56207.5. A request by a charter school to participate as a local
educational agency in a special education local plan area may not be
treated differently from a similar request made by a school district.
In reviewing and approving a request by a charter school to
participate as a local educational agency in a special education
local plan area, the following requirements shall apply:
(a) The special education local plan area shall comply with
Section 56140.
(b) The charter school shall participate in state and federal
funding for special education and the allocation plan developed
pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in
the same manner as other local educational agencies of the special
education local plan area.
(c) The charter school shall participate in governance of the
special education local plan area in the same manner as other local
educational agencies of the special education local plan area.

56208. This article shall apply to special education local plan
areas that are submitting a revised local plan for approval pursuant
to Section 56836.03 or that have an approved revised local plan
pursuant to Section 56836.03.