SECTIONS 56440-56447.1 - California Statutes

EDUCATION CODE

SECTION 56440-56447.1

56440. (a) Each special education local plan area shall submit a
plan to the Superintendent by September 1, 1987, for providing
special education and services to individuals with exceptional needs,
as defined by the board, who are between the ages of three and five
years, inclusive, and do not require intensive special education and
services, but who would be eligible for special education and
services under Title II of the Education of the Handicapped Act
Amendments of 1986, Public Law 99-457 (20 U.S.C. Secs. 1411, 1412,
1413, and 1419).
(b) The Superintendent shall provide for a five-year phase-in of
the individuals with exceptional needs qualifying for special
education and services under Public Law 99-457 who do not require
intensive special education and services, through an application
process to be developed by the Superintendent.
(c) All individuals with exceptional needs between the ages of
three and five years, inclusive, identified in subdivision (a) shall
be served by the local educational agencies within each special
education local plan area by June 30, 1992, to the extent required
under federal law and pursuant to the local plan and application
approved by the Superintendent.
(d) Individuals with exceptional needs between the ages of three
and five years, inclusive, who are identified by the local
educational agency as requiring special education and services, as
defined by the board, shall be eligible for special education and
services pursuant to this part and shall not be subject to any
phase-in plan.
(e) In special education local plan areas where individuals with
exceptional needs between the ages of three and five, inclusive, who
do not require intensive special education and services are expected
to have an increased demand on school facilities as a result of
projected growth pursuant to this chapter, the special education
local plan area director shall submit a written report on the
impacted local educational agencies to the State Allocation Board by
December 1, 1987. The State Allocation Board shall assess the
situation and explore ways of resolving the school facilities
impaction situation.
(f) The Superintendent shall provide technical assistance to local
educational agencies in order to help identify suitable alternative
instructional settings to alleviate the school facilities impaction
situation. Alternative instructional settings may include, but are
not limited to, state preschool programs and the child's home.
Nothing in this chapter shall cause the displacement of children
currently enrolled in these settings.
(g) Special education facilities operated by local educational
agencies serving children under this chapter and Chapter 4.4
(commencing with Section 56425) shall meet all applicable standards
relating to fire, health, sanitation, and building safety, but are
not subject to Chapter 3.4 (commencing with Section 1596.70), 3.5
(commencing with Section 1596.90), or 3.6 (commencing with Section
1597.30) of Division 2 of the Health and Safety Code.
(h) This chapter applies to all individuals with exceptional needs
between the ages of three and five years, inclusive.

56441. The Legislature hereby finds and declares that early
education programs for individuals with exceptional needs between the
ages of three and five years, inclusive, that provide special
education and related services within the typical environment
appropriate for young children, and include active parent
involvement, may do the following:
(a) Significantly reduce the potential impact of any disabling
conditions.
(b) Produce substantial gains in physical development, cognitive
development, language and speech development, psychosocial
development, and self-help skills development.
(c) Help prevent the development of secondary disabling
conditions.
(d) Reduce family stresses.
(e) Reduce societal dependency and institutionalization.
(f) Reduce the need for special class placement in special
education programs once a child reaches school age.
(g) Save substantial costs to society and our schools.

56441.1. (a) Services rendered by state and local agencies serving
preschool children with exceptional needs and their families shall be
provided in coordination with other state and local agencies.
Educational agencies offering similar educational services shall
coordinate and not duplicate these services. The Superintendent of
Public Instruction shall identify similar services by other state and
local agencies.
(b) As the preschool child approaches the age to enter an
elementary school environment, the child's preparation shall be
geared toward a readiness for kindergarten and later school success.

56441.2. An early education program for individuals with
exceptional needs between the ages of three and five, inclusive,
shall include specially designed services to meet the unique needs of
preschool children and their families. To meet this purpose, the
program focus is on the young child and his or her family and shall
include both individual and small group services which shall be
available in a variety of typical age-appropriate environments for
young children, including the home, and shall include opportunities
for active parent involvement.

56441.3. (a) Early education services for preschool children may be
provided to individuals or small groups and shall include:
(1) Observing and monitoring the child's behavior and development
in his or her environment.
(2) Presenting activities that are developmentally appropriate for
the preschool child and are specially designed, based on the child's
exceptional needs, to enhance the child's development. Those
activities shall be developed to conform with the child's
individualized education program and shall be developed so that they
do not conflict with his or her medical needs.
(3) Interacting and consulting with the family members, regular
preschool teachers, and other service providers, as needed, to
demonstrate developmentally appropriate activities necessary to
implement the child's individualized education program in the
appropriate setting pursuant to Section 56441.4 and necessary to
reinforce the expansion of his or her skills in order to promote the
child's educational development. These interactions and consultations
may include family involvement activities.
(4) Assisting parents to seek and coordinate other services in
their community that may be provided to their child by various
agencies.
(5) Providing opportunities for young children to participate in
play and exploration activities, to develop self-esteem, and to
develop preacademic skills.
(6) Providing access to various developmentally appropriate
equipment and specialized materials.
(7) Providing related services as defined in Section 300.13 of
Title 34 of the Code of Federal Regulations, that include parent
counseling and training to help parents understand the special needs
of their children and their children's development, as that section
read on May 1, 1987.
(b) The duration of group services shall not exceed four hours per
day unless determined otherwise by the individualized education
program team.

56441.4. Appropriate settings for these services include any of the
following:
(a) The regular public or private nonsectarian preschool program.
(b) The child development center or family day care home.
(c) The child's regular environment that may include the home.
(d) A special site where preschool programs for both children with
disabilities and children who are not disabled are located close to
each other and have an opportunity to share resources and
programming.
(e) A special education preschool program with children who are
not disabled attending and participating for all or part of the
program.
(f) A public school setting which provides an age-appropriate
environment, materials, and services, as defined by the
superintendent.

56441.5. Appropriate instructional adult-to-child ratios for group
services shall be dependent on the needs of the child. However,
because of the unique needs of individuals with exceptional needs
between the ages of three and five years, inclusive, who require
special education and related services, the number of children per
instructional adult shall be less than ratios set forth in subsection
(b) of Section 18204 of Title 5 of the California Code of
Regulations, as it read on May 1, 1987, for young children in a
regular preschool program. Group services provided to individuals
with exceptional needs between the ages of three and five years,
inclusive, identified as severely disabled pursuant to Section
56030.5 shall not exceed an instructional adult-to-child ratio of one
to five.

56441.6. Early education services for preschool children shall be
provided through a transdisciplinary team approach of professionals
as described in Section 56426.6. Responsibilities of early education
program staff shall include consultation with regular preschool
program providers, consultation with other specialists, assessment
services, and direct services.

56441.7. (a) The maximum caseload for a speech and language
specialist providing services exclusively to individuals with
exceptional needs, between the ages of three and five years,
inclusive, as defined in Section 56441.11 or 56026, shall not exceed
a count of 40.
(b) The superintendent shall issue caseload guidelines or proposed
regulations to local educational agencies for individuals with
exceptional needs between the ages of three and five years,
inclusive, by January 1, 1988.

56441.8. Early education services for preschoolers may be provided
by any of the following methods:
(a) Directly by a local educational agency.
(b) Through an interagency agreement between a local educational
agency and another public agency.
(c) Through a contract with another public agency pursuant to
Section 56369.
(d) Through a contract with a certified nonpublic, nonsectarian
school; or nonpublic, nonsectarian agency pursuant to Section 56366.
(e) Through a contract with a nonsectarian hospital in accordance
with Section 56361.5.

56441.9. Contracts or agreements with agencies identified in
Section 56441.8 are strongly encouraged when these services are
currently provided by another agency, and when found to be a
cost-effective means of providing the services. The placement of an
individual preschool child under any of these contracts shall not
require specific approval by the governing board of the school
district or the county superintendent of schools.

56441.11. (a) Notwithstanding any other provision of law or
regulation, the special education eligibility criteria in subdivision
(b) shall apply to preschool children, between the ages of three and
five years.
(b) A preschool child, between the ages of three and five years,
qualifies as a child who needs early childhood special education
services if the child meets the following criteria:
(1) Is identified as having one of the following disabling
conditions, as defined in Section 300.8 of Title 34 of the Code of
Federal Regulations, or an established medical disability, as defined
in subdivision (d):
(A) Autism.
(B) Deaf-blindness.
(C) Deafness.
(D) Hearing impairment.
(E) Mental retardation.
(F) Multiple disabilities.
(G) Orthopedic impairment.
(H) Other health impairment.
(I) Serious emotional disturbance.
(J) Specific learning disability.
(K) Speech or language impairment in one or more of voice,
fluency, language and articulation.
(L) Traumatic brain injury.
(M) Visual impairment.
(N) Established medical disability.
(2) Needs specially designed instruction or services as defined in
Sections 56441.2 and 56441.3.
(3) Has needs that cannot be met with modification of a regular
environment in the home or school, or both, without ongoing
monitoring or support as determined by an individualized education
program team pursuant to Section 56431.
(4) Meets eligibility criteria specified in Section 3030 of Title
5 of the California Code of Regulations.
(c) A child is not eligible for special education and services if
the child does not otherwise meet the eligibility criteria and his or
her educational needs are due primarily to:
(1) Unfamiliarity with the English language.
(2) Temporary physical disabilities.
(3) Social maladjustment.
(4) Environmental, cultural, or economic factors.
(d) For purposes of this section, "established medical disability"
is defined as a disabling medical condition or congenital syndrome
that the individualized education program team determines has a high
predictability of requiring special education and services.
(e) When standardized tests are considered invalid for children
between the ages of three and five years, alternative means,
including scales, instruments, observations, and interviews, shall be
used as specified in the assessment plan.
(f) In order to implement the eligibility criteria in subdivision
(b), the Superintendent shall:
(1) Provide for training in developmentally appropriate practices,
alternative assessment, and placement options.
(2) Provide a research-based review for developmentally
appropriate application criteria for young children.
(3) Provide program monitoring for appropriate use of the
eligibility criteria.
(g) If legislation is enacted mandating early intervention
services to infants and toddlers with disabilities pursuant to the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), the Superintendent shall reconsider the eligibility
criteria for preschool children, between the ages of three and five
years, and recommend appropriate changes to the Legislature.

56441.13. The superintendent shall provide training and technical
assistance for the implementation of early education programs for
preschool children with exceptional needs, and shall develop:
(a) Methods and models for modifications to the regular program
prior to referral.
(b) Guidelines for program providers.
(c) Curriculum and content for programs.
(d) Personnel standards for program providers.
(e) A plan to meet the unique needs of preschool children who
require special education services and who are limited-English
proficient and of diverse cultural backgrounds.

56441.14. Criteria and options for meeting the special education
transportation needs of individuals with exceptional needs between
the ages of three and five, inclusive, shall be included in the local
transportation policy required pursuant to paragraph (5) of
subdivision (b) of Section 56195.8.

56442. The superintendent shall ensure that state preschool
programs and programs for individuals with exceptional needs between
the ages of three and five years, inclusive, provided pursuant to
this part, are coordinated at the state and local levels.

56443. (a) The department shall amend its interagency agreement
with the Administration for Children, Youth, and Families, Region IX,
Head Start, United States Department of Health and Human Services,
to permit a local educational agency to contract with a Head Start
program for special education and services for individuals with
exceptional needs between the ages of three and five years pursuant
to this part.
(b) Apportionments allocated to Head Start programs for special
education and services to individuals with exceptional needs between
the ages of three and five years shall supplement and not supplant
funds for which the Head Start programs are eligible, or are already
receiving, from other funding sources.

56445. (a) Prior to transitioning an individual with exceptional
needs from a preschool program to kindergarten, or first grade as the
case may be, an appropriate reassessment of the individual shall be
conducted pursuant to Article 2 (commencing with Section 56320) of
Chapter 4 to determine if the individual is still in need of special
education and services.
(b) It is the intent of the Legislature that gains made in the
special education program for individuals who received special
education and services, in accordance with this chapter, are not lost
by too rapid a removal of individualized programs and supports for
these individuals.
(c) As part of the transitioning process, a means of monitoring
continued success of the child shall be identified by the
individualized education program team for those children of
kindergarten or first grade equivalency who are determined to be
eligible for less intensive special education programs.
(d) As part of the exit process from special education, the
present performance levels and learning style shall be noted by the
individualized education program team. This information shall be made
available to the assigned regular education teacher upon the child's
enrollment in kindergarten or first grade as the case may be.

56446. Public special education funding shall not be used to
purchase regular preschool services or to purchase any instructional
service other than special education and services permitted by this
chapter.

56447.1. (a) Nothing in this chapter shall be construed to limit
the responsibility of noneducational public agencies in the State of
California from providing or paying for some or all of the costs of a
free appropriate public education for individuals with exceptional
needs between the ages of three and five years, inclusive.
(b) Nothing in this chapter shall be construed to permit a
noneducational public agency to reduce medical and other assistance
available or to alter eligibility under Titles V and XIX of the
Social Security Act (Subchapter V (commencing with Section 701) and
Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title
42 of the United States Code) with respect to the provision of a free
appropriate public education for individuals with exceptional needs
between the ages of three and five years, inclusive, within the State
of California.