SECTIONS 56850-56865 - California Statutes

EDUCATION CODE

SECTION 56850-56865

56850. The purpose of the Legislature, in enacting this chapter, is
to recognize that individuals with exceptional needs of mandated
schoolage, residing in California's state hospitals for the
developmentally disabled and mentally disordered, are entitled to,
under the Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. Sec.
701 et seq.), the same access to educational programs as is provided
for individuals with exceptional needs residing in our communities.
It is the intent of the Legislature to ensure that services shall
be provided in the community near the individual state hospitals to
the maximum extent appropriate, and in the least restrictive
environment.
It is the further intent of the Legislature to ensure equal access
to the educational process and to a full continuum of educational
services for all individuals, regardless of their physical residence.
It is the further intent of the Legislature that educational
services designated for state hospital residents not eligible for
services mandated by the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) shall not be reduced or limited in any
manner as a result of the enactment of this chapter.
It is the further intent of the Legislature that any cooperative
agreements to provide educational services for state hospitals shall
seek to maximize federal financial participation in funding these
services.

56851. (a) In developing the individualized education program for
an individual residing in a state hospital who is eligible for
services under the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.), a state hospital shall include on
its interdisciplinary team a representative of the local educational
agency in which the state hospital is located, and the individual's
state hospital teacher, depending on whether the state hospital is
otherwise working with the local educational agency for the provision
of special education programs and related services to individuals
with exceptional needs residing in state hospitals. However, if a
district or special education local plan area that is required by
this section to provide a representative from the district or special
education local plan area does not do so, the county office of
education shall provide a representative.
(b) The state hospital shall reimburse the local educational
agency for the costs, including salary, of providing the
representative.
(c) Once the individual is enrolled in the community program, the
local educational agency providing special education shall be
responsible for reviewing and revising the individualized education
program with the participation of a representative of the state
hospital and the parent. The public agency responsible for the
individualized education program shall be responsible for all
individual protections, including notification and due process.

56852. In developing the individualized educational program and
providing all special education programs and related services to
individuals with exceptional needs residing in the state hospitals,
the state hospitals shall comply with the requirements of the
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.),
and special education provisions of this part and implementing
regulations. Special education and related services shall be provided
to each individual residing in a state hospital pursuant to the
individualized education program for that individual.

56852.5. The State Department of Education, within its existing
program review process, shall specifically review the appropriateness
of pupil placement for educational services as designated in the
pupil's individualized education program and the criteria used in
determining such placement.

56853. Nothing contained in this chapter shall affect the continued
authority of the State Departments of Developmental Services and
Mental Health over educational programs for individuals not eligible
for services under the Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) nor shall it affect the overall
responsibility of the state hospitals for the care, treatment, and
safety of individuals with exceptional needs under their control. The
state hospitals shall continue to render appropriate and necessary
developmental services, health related services, psychiatric
services, and related services assigned to the state hospitals in the
local written agreements, as part of their responsibilities for the
care and treatment of state hospital residents.
Health related services shall include services provided by
physicians, psychiatrists, psychologists, audiologists, registered
nurses, social workers, physical therapists, occupational therapists,
psychiatric technicians, and developmental specialists, and shall be
the responsibility of the state hospital if the individual with
exceptional needs requires these services while in the community
program.

56854. (a) The Superintendent of Public Instruction and the
Directors of the State Departments of Developmental Services and
Mental Health shall develop written interagency agreements to carry
out the purposes of this chapter.
(b) For each county in which a state hospital is located, the
county superintendent of schools, with the approval of the county
board of education and the administrator of the state hospital, shall
develop a local written agreement to carry out the purposes of this
chapter. Such agreements shall be reviewed and updated annually and
may be modified at any time with the concurrence of both parties to
the agreements.

56855. For each county in which a state hospital is located the
county superintendent of schools shall ensure that appropriate
special education and related services are available in the community
for which the state hospitals can contract. Such contract shall
provide for any eligible individual with exceptional needs residing
in the state hospitals whose individualized education program
specifies that educational services for that individual should be
most appropriately provided, in whole or in part, in a program other
than on the hospital grounds. The county board of education shall
approve any programs operated by the county superintendent pursuant
to this chapter.

56856. In order to provide appropriate special education and
related services to an individual residing in a state hospital, the
State Departments of Developmental Services and Mental Health shall
contract with a county superintendent of schools, nonpublic,
nonsectarian school, or other agency to provide all or part of the
services that the individual's individualized education program
indicates should be provided in a program other than on state
hospital grounds. A contract between a state hospital and a
nonpublic, nonsectarian school shall only be entered into when no
appropriate public education program is available.

56857. Nothing in this chapter shall preclude the State Departments
of Developmental Services and Mental Health from contracting with a
local public education agency, a nonpublic, nonsectarian school, or
another agency to provide special education and related services on
the state hospital grounds for those pupils whose individualized
education programs do not indicate that such education and services
should be provided in a program other than on state hospital grounds.
These contracts shall not involve funds appropriated for purposes of
community-based special education programs provided for state
hospital pupils pursuant to this chapter.

56857.5. (a) Commencing with the 1982-83 fiscal year, community
school agencies providing school programs on state hospital grounds
shall begin the orderly transfer of all state hospital pupils whose
individualized education programs indicate that a community school
program is appropriate, to schools located in the community.
(b) Commencing with the 1983-84 fiscal year, all pupils covered by
subdivision (a) shall be served in community schools other than on
state hospital grounds, and the contracting provisions of this
chapter shall apply only to pupils in community school programs other
than on state hospital grounds.
(c) Waivers to subdivisions (a) and (b) may be granted only when
approved by both the State Superintendent of Public Instruction and
the Director of the State Department of Developmental Services.

56858. (a) The State Department of Developmental Services shall,
commencing August 1, 1985, and on the first day of each month
thereafter, upon submission of an invoice by the county
superintendent of schools, pay to the county superintendent of
schools 8 percent of the amount projected to cover the cost of
hospital pupils educated in community school programs.
(b) The amount projected to cover the cost of hospital pupils
educated in community school programs shall be determined according
to procedures agreed by the State Department of Developmental
Services and the State Department of Education.
(c) Upon completion of the fiscal year, the county superintendent
of schools shall calculate the actual cost of hospital pupils
educated in community schools according to procedures in subdivision
(b) approved by the State Department of Developmental Services and
the State Department of Education.
(d) If the calculated actual cost of educating these pupils is
more or less than the total amount the county superintendent of
schools has received for the fiscal year pursuant to subdivision (a),
the following years' distribution shall be adjusted accordingly.
(e) The county superintendent of schools shall distribute funds to
participating districts on a pro rata basis.

56858.5. (a) Any contract prescribed by this chapter shall become
effective unless disapproved by the State Department of Finance or
State Department of General Services within 20 working days of
receipt of the contract. Each department shall have 10 working days
to consider the contract.
(b) Contracts shall be submitted to the State Department of
Developmental Services for approval before May 15.
(c) No payments shall be processed in advance of contract
approval, and no educational services shall be provided in the
community school programs in advance of contract approval.

56858.7. (a) Nothing in this chapter shall prohibit the inclusion
of in-kind services or the assignment of state hospital personnel in
a contract for services pursuant to this chapter.
(b) Ten percent of the contract costs shall be attributed to
in-kind services. In-kind services above 10 percent of the contract
costs shall be mutually agreed upon by both parties to the contract.
Any disagreement over in-kind services above 10 percent shall not be
cause for delaying approval of the contract.
(c) A 60 day prior written notice shall be given by the state
hospital to the county superintendent of schools for the initiation
or removal of in-kind state hospital classified personnel.

56859. All certificated state hospital employees hired to provide
educational services to individuals of mandated school age after
September 29, 1980, shall possess an appropriate California
credential in special education. Current certificated state hospital
employees who do not possess appropriate California credentials in
special education shall be given a period of not more than five years
from September 29, 1980, to obtain such appropriate credentials.
Certificated state hospital employees who do not possess appropriate
California credentials in special education at the end of the
five-year period shall be reassigned to provide educational services
to individuals residing in state hospitals who are not eligible for
services under the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.).

56860. Special transportation shall be the responsibility of the
state hospital.

56862. It is not the intent of this chapter to displace educational
and related services personnel already employed by the state
hospitals under the administration of the State Department of
Developmental Services or the State Department of Mental Health, or
to reduce their salaries or other employee benefits.
The State Department of Developmental Services and the State
Department of Mental Health shall complete an annual review of the
impact that implementation of this act will have in reducing the need
for positions in state hospitals due to time spent by residents in
community education programs and shall submit a report on its
findings to the Department of Finance for approval.

56863. The state hospitals, as part of the notification to parents
of pupils of their rights pursuant to the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and this
part and implementing regulations, shall notify parents of the right
that their child can be considered for education programs other than
on state hospital grounds.
For purposes of this section, the term "parent of pupil" shall
mean a parent, a legal guardian, a conservator, a person acting as a
parent of a child, or a surrogate parent appointed pursuant to
Section 300.519 of Title 34 of the Code of Federal Regulations.
Information and records concerning state hospital patients in the
possession of the Superintendent shall be treated as confidential
under Section 5328 of the Welfare and Institutions Code and the
federal Privacy Act of 1974, Public Law 93-579.

56864. Individuals with exceptional needs residing in state
hospitals shall not be included within the funding calculation made
pursuant to Chapter 7.2 (commencing with Section 56836).

56865. Funds appropriated by Section 11 of Chapter 1191 of the
Statutes of 1980 may be used for remodeling classrooms located in a
community school, in addition to the purposes of Chapter 25
(commencing with Section 17785) of Part 10, in order to serve state
hospital pupils whose individualized education programs require a
community school program.