SECTIONS 56400-56414 - California Statutes

EDUCATION CODE

SECTION 56400-56414

56400. It is the intent of the Legislature, through enactment of
this chapter, to the extent feasible, to do all of the following:
(a) Ensure that children and young adults with disabilities are
provided a free and appropriate public education in accordance with
applicable federal and state law and regulations.
(b) Ensure that children and young adults with disabilities
receive the necessary educational support and services they need to
complete their education.
(c) Offer parents and guardians of children and young adults with
disabilities access to accurate information, specialized training,
and peer-to-peer support in their communities.
(d) Ensure that parents, guardians, and families of children and
young adults with disabilities are full participants in their child's
education, school reform, and comprehensive systems change efforts.
(e) Build upon existing local and regional service delivery
systems to improve, expand, and offer coordinated technical
assistance to the network of existing resources available for
parents, guardians, and families of children and young adults with
disabilities.

56402. (a) The State Department of Education shall award grants to
establish Family Empowerment Centers on Disability in each of the 32
regions in the state established under the Early Start Family
Resource Centers. In the first year of operation, the State
Department of Education shall award these grants no later than
February 15, 2002. In subsequent years, to the extent funding is
available, the State Department of Education shall award these grants
no later than February 15 of that year.
(b) Once funding is secured, and annually until all centers are
established, the State Department of Education shall submit a report
to the appropriate policy committees of the Legislature documenting
progress in establishing the centers.
(c) The department shall develop the grant application, with
advice from stakeholders, including parents, guardians, and family
members of children with disabilities, as well as adults with
disabilities and representatives of community agencies serving
children and adults with disabilities.
(d) The sum of twenty-five thousand dollars ($25,000) shall be
made available to the department, from the funds appropriated for the
purposes of this chapter, for the purpose of securing an outside
contractor to develop a request for proposal, disseminate the
proposal, empanel readers to evaluate the proposals, and cover other
costs related to this process.

56404. To be eligible to receive funding to establish Family
Empowerment Centers on Disability pursuant to this chapter,
applicants shall meet the following organizational requirements:
(a) Be a nonprofit charitable organization organized under the
Internal Revenue Code pursuant to paragraph (3) of subdivision (c) of
Section 501 of Title 26 of the United States Code.
(b) Be staffed primarily by parents, guardians, and family members
of children and young adults with disabilities and by adults with
disabilities.
(c) Have as a majority of board members of each center, parents,
guardians, and family members of children and young adults with
disabilities who have experience with local or regional disability
systems and educational resources. Additional members shall include,
but not be limited to, persons with disabilities and representatives
of community agencies serving adults with disabilities, and other
community agencies.
(d) Demonstrate the capacity to provide services in accordance
with the family support guidelines developed by the Early Start
Family Resource Centers pursuant to Section 95004 of the Government
Code and administered by the State Department of Developmental
Services, and Parent Training Information Centers established
pursuant to Sections 1482 and 1483 of Title 20 of the United States
Code.

56406. (a) The State Department of Education shall issue requests
for proposals, select grantees, and award grants pursuant to this
chapter by not later than February 15, 2002. Grants awarded to Family
Empowerment Centers on Disability by the State Department of
Education shall be based upon a formula that does the following:
(1) Establishes a minimum base rate of one hundred fifty thousand
dollars ($150,000) for each center to provide the basic services
pursuant to this chapter and serve parents and guardians of children
and young adults from age three years to age 18 years, inclusive, and
to those young adults from age 19 years to age 22 years who had an
individualized education plan prior to their 18th birthday.
(2) Establishes an allocation mechanism that is determined
according to school enrollment of the region served.
(b) Each grant applicant shall demonstrate all of the following:
(1) That the need for training and information for underserved
parents and guardians of children and young adults with disabilities
in the area to be served will be effectively met.
(2) That services will be delivered in a manner that accomplishes
all of the following:
(A) All families have access to services regardless of cultural,
linguistic, geographical, socioeconomic, or other similar barriers.
(B) Services are provided in accordance with families' linguistic
and cultural preferences and needs.
(C) Services are coordinated with the existing family support
organizations within the region.
(D) Promotes positive parent and professional collaboration with
local educational agencies, special education local plan areas, and
other community agencies.

56408. As a condition of receipt of funds, each Family Empowerment
Center on Disability that receives assistance under this chapter and
serves the parents and guardians of children and young adults from
age three years to age 18 years, inclusive, and those young adults
from age 19 years to age 22 years, who had an individualized
education plan prior to their 18th birthday shall do all of the
following:
(a) Provide training and information that meets the training and
information needs of parents and guardians of children and young
adults with disabilities living in the area served by the center,
particularly those families and individuals who have been underserved
.
(b) Work with community-based organizations and state and local
agencies serving children with disabilities.
(c) Train and support parents and guardians of children and young
adults with disabilities to do the following:
(1) Better understand the nature of their children's disabilities
and their children's educational and developmental needs.
(2) Communicate effectively with personnel responsible for
providing special education, early intervention, and related
services.
(3) Participate in decisionmaking processes and the development of
individualized education programs.
(4) Obtain appropriate information regarding the range of options,
programs, services, and resources available to assist children and
young adults with disabilities and their families.
(5) Participate in school improvement and reform activities.
(6) Advocate for the child's needs in a manner that promotes
alternative forms of dispute resolution and positive relationships
between parents and professionals .

56410. A statewide Family Empowerment and Disability Council
composed of the executive directors for the Family Empowerment
Centers on Disability shall be established. Membership on the Family
Empowerment and Disability Council may also include the Executive
Director or representative from the Family Resource Centers, funded
by the Department of Developmental Services, and from the parent
centers funded by the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.). The department shall contract with an
outside entity experienced with developing a statewide technical
assistance disability network. A base amount of one hundred fifty
thousand dollars ($150,000) shall be made available, from the annual
appropriation made for the Family Empowerment Centers, to support the
work of the council. The Family Empowerment and Disability Council
shall, at a minimum, do all of the following:
(a) Provide central coordination of training and information
dissemination, content, and materials for Family Empowerment Centers
on Disability.
(b) Develop a technical assistance system and activities in
accordance with a plan developed in conjunction with the directors of
the Family Empowerment Centers on Disability.
(c) Ensure that a periodic assessment and evaluation of the
service delivery and management of each Family Empowerment Center on
Disability conducted by Family Empowerment Center on Disability
directors and includes on the assessment and evaluation team at least
one parent advocate from another region. The goal shall be to
improve center management and the quality and efficiency of services
delivered.
(d) Assist each center to build its capacity to serve its
geographic region.
(e) Develop uniform tracking and data collection systems, which
are not duplicative and interface with existing special education
data systems, to be utilized by each Family Empowerment Center on
Disability.
(f) Establish outcome-based evaluation procedures and processes to
be used by the State Department of Education.
(g) Conduct media outreach and other public education efforts to
promote the goals of the Family Empowerment Centers on Disability.
(h) Support and coordinate system change advocacy efforts at the
local, state, and national level.

56412. When at least four Family Empowerment Centers on Disability
have been in operation for two years, the State Department of
Education shall contract, pursuant to funding made available in that
fiscal year's Budget Act, with an outside entity to conduct an
evaluation of the effectiveness of the services provided by the
centers, including, but not limited to, the number of parents who
have been trained, the number of cases handled by the centers, an
estimate of the number of lawsuits avoided, and the overall
effectiveness of the centers.

56414. The State Department of Education is required to implement
this chapter only if an appropriation is made for this purpose in the
Budget Act.