SECTIONS 56425-56432 - California Statutes

EDUCATION CODE

SECTION 56425-56432

56425. As a condition of receiving state aid pursuant to this part,
a local educational agency that operated early education programs
for individuals with exceptional needs younger than three years of
age, as defined in Section 56026, and that received state or federal
aid for special education for those programs in the 1980-81 fiscal
year, shall continue to operate early education programs in the
1981-82 fiscal year and each fiscal year thereafter.
If a local educational agency offered those programs in the
1980-81 fiscal year but in a subsequent year transfers the programs
to another local educational agency, the local educational agency
shall be exempt from the provisions of this section in any year when
the programs are offered by the local educational agency to which
they were transferred.
A local educational agency that is required to offer a program
pursuant to this section shall be eligible for funding pursuant to
Section 56432.
This section shall become operative on July 1, 1998.

56425.5. The Legislature hereby finds and declares that early
education programs for infants identified as individuals with
exceptional needs that provide educational services with active
parent involvement, can significantly reduce the potential impact of
many disabling conditions, and positively influence later development
when the child reaches schoolage.
Early education programs funded pursuant to Sections 56427, 56428,
and 56432 shall provide a continuum of program options provided by a
transdisciplinary team to meet the multiple and varied needs of
infants and their families. Recognizing the parent as the infant's
primary teacher, it is the Legislature's intent that early education
programs shall include opportunities for the family to receive home
visits and to participate in family involvement activities pursuant
to Sections 56426.1 and 56426.4. It is the intent of the Legislature
that, as an infant grows older, program emphasis would shift from
home-based services to a combination of home-based and group
services.
It is further the intent of the Legislature that services rendered
by state and local agencies serving infants with exceptional needs
and their families be coordinated and maximized.
This section shall become operative on July 1, 1998.

56426. An early education program shall include services specially
designed to meet the unique needs of infants, from birth to three
years of age, and their families. The primary purpose of an early
education program is to enhance development of the infant. To meet
this purpose, the program shall focus upon the infant and his or her
family, and shall include home visits, group services, and family
involvement activities. Early education programs funded pursuant to
Sections 56427, 56428, and 56432 shall include, as program options,
home-based services pursuant to Section 56426.1 and home-based and
group services pursuant to Section 56426.2, and shall be provided in
accordance with the Individuals with Disabilities Education Act (20
U.S.C. Secs. 1431 to 1445, incl.), and the California Early
Intervention Services Act, Title 14 (commencing with Section 95000)
of the Government Code.
This section shall become operative on July 1, 1998.

56426.1. (a) Home-based early education services funded pursuant to
Sections 56427, 56428, and 56432 shall include, but not be limited
to, all of the following:
(1) Observing the infant's behavior and development in his or her
natural environment.
(2) Presenting activities that are developmentally appropriate for
the infant and are specially designed, based on the infant's
exceptional needs, to enhance the infant's development. Those
activities shall be developed to conform with the infant's
individualized family service plan and to ensure that they do not
conflict with his or her medical needs.
(3) Modeling and demonstrating developmentally appropriate
activities for the infant to the parents, siblings, and other
caregivers, as designated by the parent.
(4) Interacting with the family members and other caregivers, as
designated by the parent, to enhance and reinforce their development
of skills necessary to promote the infant's development.
(5) Discussing parental concerns related to the infant and the
family, and supporting parents in coping with their infant's needs.
(6) Assisting parents to solve problems, to seek other services in
their community, and to coordinate the services provided by various
agencies.
(b) The frequency of home-based services shall be once or twice a
week, depending on the needs of the infant and the family.
(c) This section shall become operative on July 1, 1998.

56426.2. (a) Early education services funded pursuant to Sections
56427, 56428, and 56432 shall be provided through both home visits
and group settings with other infants, with or without the parent.
Home-based and group services shall include, but not be limited to,
all of the following:
(1) All services identified in subdivision (a) of Section 56426.1.
(2) Group and individual activities that are developmentally
appropriate and specially designed, based on the infant's exceptional
needs, to enhance the infant's development. Those activities shall
be developed to conform with the infant's individualized family
service plan and to ensure that they do not conflict with his or her
medical needs.
(3) Opportunities for infants to socialize and participate in play
and exploration activities.
(4) Transdisciplinary services by therapists, psychologists, and
other specialists as appropriate.
(5) Access to various developmentally appropriate equipment and
specialized materials.
(6) Opportunities for family involvement activities, including
parent education and parent support groups.
(b) Services provided in a center under this chapter shall not
include child care or respite care.
(c) The frequency of group services shall not exceed three hours a
day for up to, and including, three days a week, and shall be
determined on the basis of the needs of the infant and the family.
(d) The frequency of home visits provided in conjunction with
group services shall range from one to eight visits per month,
depending on the needs of the infant and the family.
(e) Group services shall be provided on a ratio of no more than
four infants to one adult.
(f) Parent participation in group services shall be encouraged.
(g) This section shall become operative on July 1, 1998.

56426.25. The maximum service levels set forth in Sections 56426.1
and 56426.2 apply only for purposes of the allocation of funds for
early education programs pursuant to Sections 56427, 56428, and
56432, and may be exceeded by a local educational agency, in
accordance with the infants' individualized family service plan,
provided that no change in the level of entitlement to state funding
under this part thereby results.
This section shall become operative on July 1, 1998.

56426.3. In addition to home-based or home-based and group early
education services, related services as defined in Section 300.13 of
Title 34 of the Code of Federal Regulations, as that section read on
April 1, 1986, shall be available to infants and their families.
Related services may be provided in the home or at the center
according to needs of the infant and the family.

56426.4. (a) Family involvement activities funded pursuant to
Sections 56427, 56428, and 56432 shall support family members in
meeting the practical and emotional issues and needs of raising their
infant. These activities may include, but are not limited to, the
following:
(1) Educational programs that present information or demonstrate
techniques to assist the family to promote their infant's
development.
(2) Parent education and training to assist families in
understanding, planning for, and meeting the unique needs of their
infant.
(3) Parent support groups to share similar experiences and
possible solutions.
(4) Instruction in making toys and other materials appropriate to
their infant's exceptional needs and development.
(b) The frequency of family involvement activities shall be at
least once a month.
(c) Participation by families in family involvement activities
shall be voluntary.
(d) This section shall become operative on July 1, 1998.

56426.5. If the transdisciplinary team determines home-based and
group early education services to be appropriate, but the parent
chooses not to receive home-based services, group services shall be
made available to the infant. Similarly, the choice not to
participate in family involvement activities shall not limit the
availability to the infant and his or her family of home-based
services or home-based and group services as determined appropriate
by the individualized education program team.

56426.6. (a) Early education services shall be provided by a local
educational agency through a transdisciplinary team consisting of a
group of professionals from various disciplines, agencies, and
parents who shall share their expertise and services to provide
appropriate services for infants and their families. Each team member
shall be responsible for providing and coordinating early education
services for one or more infants and their families, and shall serve
as a consultant to other team members and as a provider of
appropriate related services to other infants in the program.
(b) Credentialed personnel with expertise in vision or hearing
impairments shall be made available by the local educational agency
to early education programs serving infants identified in accordance
with subdivision (a), (b), or (d) of Section 3030 of Title 5 of the
California Code of Regulations, and shall be the primary providers of
services under those programs whenever possible.
(c) Transdisciplinary teams may include, but need not be limited
to, qualified persons from the following disciplines:
(1) Early childhood special education.
(2) Speech and language therapy.
(3) Nursing, with a skill level not less than that of a registered
nurse.
(4) Social work, psychology, or mental health.
(5) Occupational therapy.
(6) Physical therapy.
(7) Audiology.
(8) Parent-to-parent support.
(d) A person who is authorized by the local educational agency to
provide early education or related services to infants shall have
appropriate experience in normal and atypical infant development and
an understanding of the unique needs of families of infants with
exceptional needs, or, absent that experience and understanding,
shall undergo a comprehensive training plan for that purpose, which
plan shall be developed and implemented as part of the staff
development component of the local plan for early education services.

56426.7. Medically necessary occupational therapy and physical
therapy shall be provided to the infant when warranted by medical
diagnosis and contained in the individualized family service plan, as
specified under Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code.

56426.8. (a) Early education and related services shall be based on
the needs of the infant and the family as determined by the
individualized family service plan team, and shall be specified in
the individualized family service plan, including the frequency and
duration of each type of service. Any early education or related
service may be provided only upon written parental consent.
(b) The individualized family service plan for any infant shall be
developed in consultation with the infant's physician in order to
ensure that the services specified in the plan do not conflict with
the infant's medical needs.

56426.9. (a) Pursuant to Section 1437(a)(8) of Title 20 of the
United States Code, a local educational agency shall ensure that each
child participating in early childhood special education services
pursuant to this chapter, and who will participate in preschool
programs pursuant to Chapter 4.45 (commencing with Section 56440),
experiences a smooth and effective transition to those preschool
programs.
(b) Pursuant to Sections 300.101(b) and 300.323(b) of Title 34 of
the Code of Federal Regulations, a local educational agency, by the
third birthday of a child described in subdivision (a), shall ensure
that an individualized education program or an individualized family
service plan has been developed and is being implemented for the
child consistent with a free appropriate public education for
children beginning at three years of age.
(c) In accordance with Section 1437(a)(8) of Title 20 of the
United States Code, a local educational agency shall participate in
transition planning conferences arranged by the designated lead
agency.
(d) Any child who becomes three years of age while participating
in early childhood special education services under this chapter may
continue until June 30 of the current program year, if the
individualized education program team determines that the preschooler
is eligible pursuant to Section 56441.11, develops an individualized
education program, and determines that the early childhood special
education services remain appropriate. No later than June 30 of that
year, the individualized education program team shall meet to review
the preschooler's progress and revise the individualized education
program accordingly. The individualized education program team
meeting shall be conducted by the local educational agency
responsible for the provision of preschool special education
services. Representatives of the early childhood special education
program shall be invited to that meeting. If a child's third birthday
occurs during the summer, the child's individualized education
program team shall determine the date when services under the
individualized education program will begin, pursuant to Section
300.101(b) of Title 34 of the Code of Federal Regulations.

56427. (a) Not less than two million three hundred twenty-four
thousand dollars ($2,324,000) of the federal discretionary funds
appropriated to the State Department of Education under the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) in any fiscal year shall be expended for early education
programs for infants with exceptional needs and their families, until
the department determines, and the Legislature concurs, that the
funds are no longer needed for that purpose.
(b) Programs ineligible to receive funding pursuant to Section
56425 or 56432 may receive funding pursuant to subdivision (a).
(c) This section shall become operative on July 1, 1998.

56428. (a) For the 1985-86 fiscal year, and each fiscal year
thereafter, any instructional personnel service unit that was used in
the prior fiscal year to provide services to children younger than
three years of age shall continue to be used for that purpose. If a
special education local plan area becomes ineligible for all or any
portion of those instructional personnel service units operated and
fundable in the prior fiscal year, the Superintendent of Public
Instruction shall allocate those units to another local plan area for
the purpose of providing services to children younger than three
years of age.
(b) In the 1998-99 fiscal year, the instructional personnel
service unit rates used to compute state funding under this chapter
shall be adjusted to represent the actual, historic inflation
adjustment amount funded for each provider of early education
services under this chapter. To make this adjustment, the
superintendent shall make the following calculation:
(1) Divide the amount of funding received by the special education
local plan area in the 1997-98 fiscal year from property taxes and
state aid, after applying the deficit, for early education for
individuals with exceptional needs by the amount the special
education local plan area was entitled to receive for the 1997-98
fiscal year for that program.
(2) Multiply the amount determined in paragraph (1) by the
instructional personnel service unit rates for the 1997-98 fiscal
year used to compute state funding for early education for
individuals with exceptional needs prior to the application of the
inflation adjustment for the 1998-99 fiscal year.
(c) For the 1998-99 fiscal year, the department shall transfer an
amount from schedule (a) to schedule (b) of Item 6110-161-0001 of
Section 2.00 of the Budget Act of 1998, equal to the amount
determined by the department, with the approval of the Department of
Finance, to be the amount of funding received by the special
education local plan area from property taxes in the 1997-98 fiscal
year for early education programs for individuals with exceptional
needs, multiplied by the inflation factor computed pursuant to
Section 42238.1 for the 1998-99 fiscal year and adjusted for the
estimated growth in average daily attendance for kindergarten and
grades 1 to 12, inclusive, pursuant to the May Revision of the
Governor's Budget for the 1998-99 fiscal year.

56429. In order to assure the maximum utilization and coordination
of local early education services, eligibility for the receipt of
funds pursuant to Section 56425, 56427, 56428, or 56432 is
conditioned upon the approval by the superintendent of a local plan
for early education services, which approval shall apply for not less
than one, nor more than four, years. The local plan shall identify
existing public and private early education services, and shall
include an interagency plan for the delivery of early education
services in accordance with the California Early Intervention
Services Act, Title 14 (commencing with Section 95000) of the
Government Code.
This section shall become operative on July 1, 1998.

56430. (a) Early education services may be provided by any of the
following methods:
(1) Directly by a local educational agency.
(2) Through an interagency agreement between a local educational
agency and another public agency.
(3) Through a contract with another public agency pursuant to
Section 56369.
(4) Through a contract with a certified nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency pursuant to Section 56366.
(5) Through a contract with a nonsectarian hospital in accordance
with Section 56361.5.
(b) Contracts or agreements with agencies identified in
subdivision (a) for early education services are strongly encouraged
when early education services are currently provided by another
agency, and when found to be a cost-effective means of providing the
services. The placement of individual infants under the contract
shall not require specific approval by the governing board of the
district or the county office.
(c) Early education services provided under this chapter shall be
funded pursuant to Sections 56427, 56428, and 56432.
(d) This section shall become operative on July 1, 1998.

56431. The Superintendent shall develop procedures and criteria to
enable a local educational agency to contract with private nonprofit
preschools or child development centers to provide special education
and related services to infants and preschool age individuals with
exceptional needs. The criteria shall include minimum standards that
the private, nonprofit preschool or center shall be required to meet.

56432. (a) For the 1998-99 fiscal year and each fiscal year
thereafter, a special education local plan area shall be eligible for
state funding of those instructional personnel service units
operated and fundable for services to individuals with exceptional
needs younger than three years of age at the second principal
apportionment of the prior fiscal year, as long as the pupil count of
these pupils divided by the number of instructional personnel
service units is not less than the following:
(1) For special classes and centers--12, based on the unduplicated
pupil count.
(2) For resource specialist programs--24, based on the
unduplicated pupil count.
(3) For designated instruction and services--12, based on the
unduplicated pupil count, or 39, based on the duplicated pupil count.
(b) A special education local plan area shall be eligible for
state funding of instructional personnel service units for services
to individuals with exceptional needs younger than three years of age
in excess of the number of instructional personnel service units
operated and fundable at the second principal apportionment of the
prior fiscal year only with the authorization of the superintendent.
(c) The superintendent shall base the authorization of funding for
special education local plan areas pursuant to this section,
including the reallocation of instructional personnel service units,
upon criteria that shall include, but not be limited to, the
following:
(1) Changes in the total number of pupils younger than three years
of age enrolled in special education programs.
(2) High- and low-average caseloads per instructional personnel
service unit for each instructional setting.
(d) Infant programs in special classes and centers funded pursuant
to this item shall be supported by two aides, unless otherwise
required by the superintendent.
(e) Infant services in resource specialist programs funded
pursuant to this item shall be supported by one aide.
(f) When units are allocated pursuant to this subdivision, the
superintendent shall allocate only the least expensive unit
appropriate.
(g) Notwithstanding Sections 56211 and 56212, a special education
local plan area may apply for, and the superintendent may grant, a
waiver of any of the standards and criteria specified in this section
if compliance would prevent the provision of a free, appropriate
public education or would create undue hardship. In granting the
waivers, the superintendent shall give priority to the following
factors:
(1) Applications from special education local plan areas for
waivers for a period not to exceed three years to specifically
maintain or increase the level of special education services
necessary to address the special education service requirements of
individuals with exceptional needs residing in sparsely populated
districts or attending isolated schools designated in the
application.
(A) Sparsely populated districts are school districts that meet
one of the following conditions:
(i) A school district or combination of contiguous school
districts in which the total enrollment is less than 600 pupils,
kindergarten and grades 1 to 12, inclusive, and in which one or more
of the school facilities is an isolated school.
(ii) A school district or combination of contiguous school
districts in which the total pupil density ratio is less than 15
pupils, kindergarten and grades 1 to 12, inclusive, per square mile
and in which one or more of the school facilities is an isolated
school.
(B) Isolated schools are schools with enrollments of less than 600
pupils, kindergarten and grades 1 to 12, inclusive, that meet one or
more of the following conditions:
(i) The school is located more than 45 minutes average driving
time over commonly used and well-traveled roads from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(ii) The school is separated, by roads that are impassable for
extended periods of time due to inclement weather, from the nearest
school, including schools in adjacent special education local plan
areas, with an enrollment greater than 600 pupils, kindergarten and
grades 1 to 12, inclusive.
(iii) The school is of a size and location that, when its
enrollment is combined with the enrollments of the two largest
schools within an average driving time of not more than 30 minutes
over commonly used and well-traveled roads, including schools in
adjacent special education local plan areas, the combined enrollment
is less than 600 pupils, kindergarten and grades 1 to 12, inclusive.
(iv) The school is the one of normal attendance for a severely
disabled individual, as defined in Section 56030.5, or an individual
with a low-incidence disability, as defined in Section 56026.5, who
otherwise would be required to be transported more than 75 minutes,
average one-way driving time over commonly used and well-traveled
roads, to the nearest appropriate program.
(2) The location of licensed children's institutions, foster
family homes, residential medical facilities, or similar facilities
that serve children younger than three years of age and are within
the boundaries of a local plan if 3 percent or more of the local plan'
s unduplicated pupil count resides in those facilities.
(h) By authorizing units pursuant to this section, the
superintendent shall not increase the statewide total number of
instructional personnel service units for purposes of state
apportionments unless an appropriation specifically for growth in the
number of instructional personnel service units is made in the
annual Budget Act or other legislation. If that growth appropriation
is made, units authorized by the superintendent pursuant to this
section are subject to the restrictions that the units shall be
funded only by that growth appropriation and no other funds may be
apportioned for the units.
(i) The superintendent shall monitor the use of instructional
personnel service units retained or authorized by the granting of
waivers pursuant to subdivision (h) to ensure that the instructional
personnel service units are used in a manner wholly consistent with
the basis for the waiver request.
(j) This section shall become operative on July 1, 1998.