SECTIONS 56600-56606 - California Statutes

EDUCATION CODE

SECTION 56600-56606

56600. It is the intent of the Legislature to provide for ongoing
comprehensive evaluation of special education programs authorized by
this part and to support the purposes of the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to
subsection (d) of Section 1400 of Title 20 of the United States
Code.

56600.6. (a) The Superintendent shall ensure that pupil and program
performance results are monitored at the state and local levels in
order to comply with Section 1412(a)(15) of Title 20 of the United
States Code by evaluating pupil performance against key performance
indicators. As necessary, other data may be collected to support the
state's participation in national studies and evaluations described
in Section 1474(a) of Title 20 of the United States Code.
(b) The Superintendent shall monitor, provide technical
assistance, and enforce this part, and Part B of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) in accordance with Section 1416 of Title 20 of the United
States Code, and Subpart F (commencing with Section 300.600) of Title
34 of the Code of Federal Regulations, and annually report to the
United States Department of Education on performance.
(c) Pursuant to Section 300.600(b) of Title 34 of the Code of
Federal Regulations, the primary focus of the state's monitoring
activities shall be on the following:
(1) Improving educational results and functional outcomes for all
individuals with exceptional needs.
(2) Ensuring that public agencies meet the program requirements
under this part and under Part B of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), with a
particular emphasis on those requirements that are most closely
related to improving educational results for individuals with
exceptional needs.
(d) As part of state monitoring and enforcement, the
Superintendent shall use quantifiable indicators and qualitative
indicators as are needed to adequately measure performance in the
indicators established by the United States Secretary of Education,
and in the following priority areas specified in Section 300.600(d)
of Title 34 of the Code of Federal Regulations:
(1) Provision of a free appropriate public education in the least
restrictive environment.
(2) State exercise of general supervision, including child find,
effective monitoring, the use of resolution meetings, mediation, and
a system of transition services as defined in Section 1437(a)(9) of
Title 20 of the United States Code and in Section 300.43 of Title 34
of the Code of Federal Regulations.
(3) Disproportionate representation of racial and ethnic groups in
special education and related services, to the extent the
representation is the result of inappropriate identification.
(e) As part of the performance plan of the state, as required in
Section 300.601 of Title 34 of the Code of Federal Regulations, the
Superintendent shall collect valid and reliable information as needed
to report annually to the United States Secretary of Education.

56601. (a) Each special education local plan area shall submit to
the superintendent at least annually information, in a form and
manner prescribed by the superintendent and developed in consultation
with the special education local plan areas, in order for the
superintendent to carry out the evaluation responsibilities pursuant
to Section 56602. This information shall include other statistical
data, program information, and fiscal information that the
superintendent may require. The superintendent shall use this
information to answer questions from the Legislature and other state
and federal agencies on program, policy, and fiscal issues of
statewide interest.
(b) In order to assist the state in evaluating the effectiveness
of special education programs, including transition and work
experience programs, the superintendent is authorized to collect and
utilize social security numbers of individuals with exceptional needs
as pupil identification numbers beginning in the 1993-94 fiscal year
and phased in over a two-year period. In a situation where a social
security number is not available, the superintendent shall assign
another student identification number for purposes of evaluating
special education programs and related services. The superintendent
shall not disclose personally identifiable, individual pupil records
to any person, institution, agency, or organization except as
authorized by Section 1232g of Title 20 of the United States Code and
Part 99 of Title 34 of the Code of Federal Regulations.

56601.5. Pursuant to Section 1413(a)(7) of Title 20 of the United
States Code and Section 300.211 of Title 34 of the Code of Federal
Regulations, each special education local plan area annually shall
report to the Superintendent the number of pupils receiving special
education services participating in the regular school and district
assessments and the number participating in an alternate assessment
process.

56602. Pursuant to subparagraph (C) of paragraph (16) of subsection
(a) of Section 1412 of Title 20 of the United States Code and
Section 80.40 of Title 34 of the Code of Federal Regulations, the
superintendent shall submit to the board, the Legislature, and the
Governor, a biennial performance report of the special education
programs implemented under this part.

56604. (a) The superintendent shall coordinate the design of
evaluations to prevent duplication and to minimize data collection
and reporting requirements at the school and district levels.
(b) The State Department of Education shall utilize sampling
procedures whenever feasible.

56605. The superintendent shall periodically sponsor or conduct
workshops and seminars for the education of local education agency
personnel assigned to, and responsible for, the evaluation of local
special education programs.

56606. The Superintendent shall provide for onsite program and
fiscal reviews of the implementation of plans approved under this
part. In performing the reviews and audits, the Superintendent may
utilize the services of persons outside of the department chosen for
their knowledge of special education programs. A special education
local plan area shall be reviewed at least once during the period of
approval of its local plan.