SECTIONS 8250-8252 - California Statutes

EDUCATION CODE

SECTION 8250-8252

8250. (a) The Superintendent shall ensure that eligible children
with exceptional needs are given equal access to all child care and
development programs. Available federal and state funds for children
with exceptional needs above the standard reimbursement amount shall
be used to assist agencies in developing and supporting appropriate
programs for these children.
(b) To provide children with exceptional needs with additional
access to child care and development programs, the Superintendent
shall establish alternate appropriate placements, such as
self-contained programs and innovative programs using the least
restrictive environment. These programs shall be started as expansion
funds become available and shall be expanded throughout the
implementation of the plan. The Superintendent shall utilize existing
program models and input from program specialists to develop new
program criteria and guidelines for programs serving children with
exceptional needs. These programs may serve children with exceptional
needs up to 21 years of age.
(c) Any child with exceptional needs served in child care and
development programs shall be afforded all rights and protections
guaranteed in state and federal laws and regulations for individuals
with exceptional needs.
(d) Notwithstanding any other provision of this chapter, the
Superintendent may develop unique reimbursement rates for, and make
reimbursements to, child care and development programs that received
state funding for the 1980-81 fiscal year and serve severely disabled
children, as defined in subdivision (y) of Section 8208, when all of
the following conditions exist:
(1) Eligibility for enrollment of a severely disabled child in the
program is the sole basis of the child's need for service.
(2) Services are provided to severely disabled children from birth
to 21 years of age.
(3) No fees are charged to the parents of the severely disabled
children receiving the services.
(e) The Superintendent shall include child care and development
providers in all personnel development for persons providing services
for children with exceptional needs.

8250.5. A contractor providing services pursuant to a general child
care contract, a campus child care contract, a migrant child care
contract, or an alternative payment child care contract is subject to
the requirements of the Americans with Disabilities Act (42 U.S.C.
Sec. 12101, et seq.).

8251. All child care and development programs shall include plans
or programs, or both, for the care of the children when they are
sick. These plans shall be age appropriate and parents shall be
included in the planning and evaluation. The Superintendent of Public
Instruction shall disseminate information regarding effective sick
child care models to all child care and development programs.
Nothing in this chapter shall be construed to allow the practice
of medicine without a license.

8252. (a) The Department of Education and the local county welfare
department shall enter into contracts which establish the procedures
for serving and referring a child in need of care as part of the
provision of protective services pursuant to Chapter 5 (commencing
with Section 16500) of Part 4 of Division 9 of the Welfare and
Institutions Code. The Department of Education, in consultation with
the State Department of Social Services, may contract with another
appropriate community agency which provides services or referrals, or
both, for the prevention or intervention of child abuse or neglect
if no such contract for child care services exists between the
Department of Education and the county welfare department.
(b) The contracts shall specify the resource and referral program
or operating agency or agencies providing child care and development
pursuant to this chapter in the county that the local contracting
agency shall contact to secure care for a child needing protective
services. If an operating agency is unable to enroll the child, the
local contracting agency described in subdivision (a) with the
assistance of the providers of local resources and referral services
shall locate services for the family. Payments for such located
services in the absence of other funds shall be made by the local
contracting agency.
The need for child care funded pursuant to this section shall be
reviewed by the local contracting agency no less than every three
months.