SECTIONS 7570-7588 - California Statutes

GOVERNMENT CODE

SECTION 7570-7588

7570. Ensuring maximum utilization of all state and federal
resources available to provide a child with a disability, as defined
in Section 1401(3) of Title 20 of the United States Code, with a free
appropriate public education, the provision of related services, as
defined in Section 1401(26) of Title 20 of the United States Code,
and designated instruction and services, as defined in Section 56363
of the Education Code, to a child with a disability, shall be the
joint responsibility of the Superintendent of Public Instruction and
the Secretary of the Health and Human Services Agency. The
Superintendent of Public Instruction shall ensure that this chapter
is carried out through monitoring and supervision.

7571. The Secretary of the Health and Human Services Agency may
designate a department of state government to assume the
responsibilities described in Section 7570. The secretary, or his or
her designee, also shall designate a single agency in each county to
coordinate the service responsibilities described in Section 7572.

7572. (a) A child shall be assessed in all areas related to the
suspected disability by those qualified to make a determination of
the child's need for the service before any action is taken with
respect to the provision of related services or designated
instruction and services to a child, including, but not limited to,
services in the areas of, occupational therapy, physical therapy,
psychotherapy, and other mental health assessments. All assessments
required or conducted pursuant to this section shall be governed by
the assessment procedures contained in Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30 of the Education Code.
(b) Occupational therapy and physical therapy assessments shall be
conducted by qualified medical personnel as specified in regulations
developed by the State Department of Health Services in consultation
with the State Department of Education.
(c) Psychotherapy and other mental health assessments shall be
conducted by qualified mental health professionals as specified in
regulations developed by the State Department of Mental Health, in
consultation with the State Department of Education, pursuant to this
chapter.
(d) A related service or designated instruction and service shall
only be added to the child's individualized education program by the
individualized education program team, as described in Part 30
(commencing with Section 56000) of the Education Code, if a formal
assessment has been conducted pursuant to this section, and a
qualified person conducting the assessment recommended the service in
order for the child to benefit from special education. In no case
shall the inclusion of necessary related services in a pupil's
individualized education plan be contingent upon identifying the
funding source. Nothing in this section shall prevent a parent from
obtaining an independent assessment in accordance with subdivision
(b) of Section 56329 of the Education Code, which shall be considered
by the individualized education program team.
(1) Whenever an assessment has been conducted pursuant to
subdivision (b) or (c), the recommendation of the person who
conducted the assessment shall be reviewed and discussed with the
parent and with appropriate members of the individualized education
program team prior to the meeting of the individualized education
program team. When the proposed recommendation of the person has been
discussed with the parent and there is disagreement on the
recommendation pertaining to the related service, the parent shall be
notified in writing and may require the person who conducted the
assessment to attend the individualized education program team
meeting to discuss the recommendation. The person who conducted the
assessment shall attend the individualized education program team
meeting if requested. Following this discussion and review, the
recommendation of the person who conducted the assessment shall be
the recommendation of the individualized education program team
members who are attending on behalf of the local educational agency.
(2) If an independent assessment for the provision of related
services or designated instruction and services is submitted to the
individualized education program team, review of that assessment
shall be conducted by the person specified in subdivisions (b) and
(c). The recommendation of the person who reviewed the independent
assessment shall be reviewed and discussed with the parent and with
appropriate members of the individualized education program team
prior to the meeting of the individualized education program team.
The parent shall be notified in writing and may request the person
who reviewed the independent assessment to attend the individualized
education program team meeting to discuss the recommendation. The
person who reviewed the independent assessment shall attend the
individualized education program team meeting if requested. Following
this review and discussion, the recommendation of the person who
reviewed the independent assessment shall be the recommendation of
the individualized education program team members who are attending
on behalf of the local agency.
(3) Any disputes between the parent and team members representing
the public agencies regarding a recommendation made in accordance
with paragraphs (1) and (2) shall be resolved pursuant to Chapter 5
(commencing with Section 56500) of Part 30 of the Education Code.
(e) Whenever a related service or designated instruction and
service specified in subdivision (b) or (c) is to be considered for
inclusion in the child's individualized educational program, the
local education agency shall invite the responsible public agency
representative to meet with the individualized education program team
to determine the need for the service and participate in developing
the individualized education program. If the responsible public
agency representative cannot meet with the individualized education
program team, then the representative shall provide written
information concerning the need for the service pursuant to
subdivision (d). Conference calls, together with written
recommendations, are acceptable forms of participation. If the
responsible public agency representative will not be available to
participate in the individualized education program meeting, the
local educational agency shall ensure that a qualified substitute is
available to explain and interpret the evaluation pursuant to
subdivision (d) of Section 56341 of the Education Code. A copy of the
information shall be provided by the responsible public agency to
the parents or any adult pupil for whom no guardian or conservator
has been appointed.

7572.5. (a) When an assessment is conducted pursuant to Article 2
(commencing with Section 56320) of Chapter 4 of Part 30 of the
Education Code, which determines that a child is seriously
emotionally disturbed, as defined in Section 300.8 of Title 34 of the
Code of Federal Regulations, and any member of the individualized
education program team recommends residential placement based on
relevant assessment information, the individualized education program
team shall be expanded to include a representative of the county
mental health department.
(b) The expanded individualized education program team shall
review the assessment and determine whether:
(1) The child's needs can reasonably be met through any
combination of nonresidential services, preventing the need for
out-of-home care.
(2) Residential care is necessary for the child to benefit from
educational services.
(3) Residential services are available that address the needs
identified in the assessment and that will ameliorate the conditions
leading to the seriously emotionally disturbed designation.
(c) If the review required in subdivision (b) results in an
individualized education program that calls for residential
placement, the individualized education program shall include all of
the items outlined in Section 56345 of the Education Code, and shall
also include:
(1) Designation of the county mental health department as lead
case manager. Lead case management responsibility may be delegated to
the county welfare department by agreement between the county
welfare department and the designated county mental health
department. The county mental health department shall retain
financial responsibility for the provision of case management
services.
(2) Provision for a review of the case progress, the continuing
need for out-of-home placement, the extent of compliance with the
individualized education program, and progress toward alleviating the
need for out-of-home care, by the full individualized education
program team at least every six months.
(3) Identification of an appropriate residential facility for
placement with the assistance of the county welfare department as
necessary.

7572.55. (a) Residential placements for a child with a disability
who is seriously emotionally disturbed may be made out-of-state only
after in-state alternatives have been considered and are found not to
meet the child's needs and only when the requirements of Section
7572.5, and subdivision (e) of Section 56365 of the Education Code
have been met. The local education agency shall document the
alternatives to out-of-state residential placement that were
considered and the reasons why they were rejected.
(b) Out-of-state placements shall be made only in a privately
operated school certified by the California Department of Education.
(c) A plan shall be developed for using less restrictive
alternatives and in-state alternatives as soon as they become
available, unless it is in the best educational interest of the child
to remain in the out-of-state school. If the child is a ward or
dependent of the court, this plan shall be documented in the record.

7573. The Superintendent of Public Instruction shall ensure that
local education agencies provide special education and those related
services and designated instruction and services contained in a child'
s individualized education program that are necessary for the child
to benefit educationally from his or her instructional program. Local
education agencies shall be responsible only for the provision of
those services which are provided by qualified personnel whose
employment standards are covered by the Education Code and
implementing regulations.

7575. (a) (1) Notwithstanding any other provision of law, the State
Department of Health Services, or any designated local agency
administering the California Children's Services, shall be
responsible for the provision of medically necessary occupational
therapy and physical therapy, as specified by Article 5 (commencing
with Section 123800) of Chapter 3 of Part 2 of Division 106 of the
Health and Safety Code, by reason of medical diagnosis and when
contained in the child's individualized education program.
(2) Related services or designated instruction and services not
deemed to be medically necessary by the State Department of Health
Services, that the individualized education program team determines
are necessary in order to assist a child to benefit from special
education, shall be provided by the local education agency by
qualified personnel whose employment standards are covered by the
Education Code and implementing regulations.
(b) The department shall determine whether a California Children's
Services eligible pupil, or a pupil with a private medical referral
needs medically necessary occupational therapy or physical therapy. A
medical referral shall be based on a written report from a licensed
physician and surgeon who has examined the pupil. The written report
shall include the following:
(1) The diagnosed neuromuscular, musculoskeletal, or physical
disabling condition prompting the referral.
(2) The referring physician's treatment goals and objectives.
(3) The basis for determining the recommended treatment goals and
objectives, including how these will ameliorate or improve the pupil'
s diagnosed condition.
(4) The relationship of the medical disability to the pupil's need
for special education and related services.
(5) Relevant medical records.
(c) The department shall provide the service directly or by
contracting with another public agency, qualified individual, or a
state-certified nonpublic nonsectarian school or agency.
(d) Local education agencies shall provide necessary space and
equipment for the provision of occupational therapy and physical
therapy in the most efficient and effective manner.
(e) The department shall also be responsible for providing the
services of a home health aide when the local education agency
considers a less restrictive placement from home to school for a
pupil for whom both of the following conditions exist:
(1) The California Medical Assistance Program provides a
life-supporting medical service via a home health agency during the
time in which the pupil would be in school or traveling between
school and home.
(2) The medical service provided requires that the pupil receive
the personal assistance or attention of a nurse, home health aide,
parent or guardian, or some other specially trained adult in order to
be effectively delivered.

7576. (a) The State Department of Mental Health, or a community
mental health service, as described in Section 5602 of the Welfare
and Institutions Code, designated by the State Department of Mental
Health, is responsible for the provision of mental health services,
as defined in regulations by the State Department of Mental Health,
developed in consultation with the State Department of Education, if
required in the individualized education program of a pupil. A local
educational agency is not required to place a pupil in a more
restrictive educational environment in order for the pupil to receive
the mental health services specified in his or her individualized
education program if the mental health services can be appropriately
provided in a less restrictive setting. It is the intent of the
Legislature that the local educational agency and the community
mental health service vigorously attempt to develop a mutually
satisfactory placement that is acceptable to the parent and addresses
the educational and mental health treatment needs of the pupil in a
manner that is cost effective for both public agencies, subject to
the requirements of state and federal special education law,
including the requirement that the placement be appropriate and in
the least restrictive environment. For purposes of this section,
"parent" is as defined in Section 56028 of the Education Code.
(b) A local educational agency, individualized education program
team, or parent may initiate a referral for assessment of the social
and emotional status of a pupil, pursuant to Section 56320 of the
Education Code. Based on the results of assessments completed
pursuant to Section 56320 of the Education Code, an individualized
education program team may refer a pupil who has been determined to
be an individual with exceptional needs, as defined in Section 56026
of the Education Code, and who is suspected of needing mental health
services to a community mental health service if the pupil meets all
of the criteria in paragraphs (1) to (5), inclusive. Referral
packages shall include all documentation required in subdivision (c),
and shall be provided immediately to the community mental health
service.
(1) The pupil has been assessed by school personnel in accordance
with Article 2 (commencing with Section 56320) of Chapter 4 of Part
30 of Division 4 of Title 2 of the Education Code. Local educational
agencies and community mental health services shall work
collaboratively to ensure that assessments performed prior to
referral are as useful as possible to the community mental health
service in determining the need for mental health services and the
level of services needed.
(2) The local educational agency has obtained written parental
consent for the referral of the pupil to the community mental health
service, for the release and exchange of all relevant information
between the local educational agency and the community mental health
service, and for the observation of the pupil by mental health
professionals in an educational setting.
(3) The pupil has emotional or behavioral characteristics that
satisfy all of the following:
(A) Are observed by qualified educational staff in educational and
other settings, as appropriate.
(B) Impede the pupil from benefiting from educational services.
(C) Are significant as indicated by their rate of occurrence and
intensity.
(D) Are associated with a condition that cannot be described
solely as a social maladjustment or a temporary adjustment problem,
and cannot be resolved with short-term counseling.
(4) As determined using educational assessments, the pupil's
functioning, including cognitive functioning, is at a level
sufficient to enable the pupil to benefit from mental health
services.
(5) The local educational agency, pursuant to Section 56331 of the
Education Code, has provided appropriate counseling and guidance
services, psychological services, parent counseling and training, or
social work services to the pupil pursuant to Section 56363 of the
Education Code, or behavioral intervention as specified in Section
56520 of the Education Code, as specified in the individualized
education program and the individualized education program team has
determined that the services do not meet the educational needs of the
pupil, or, in cases where these services are clearly inadequate or
inappropriate to meet the educational needs of the pupil, the
individualized education program team has documented which of these
services were considered and why they were determined to be
inadequate or inappropriate.
(c) If referring a pupil to a community mental health service in
accordance with subdivision (b), the local educational agency or the
individualized education program team shall provide the following
documentation:
(1) Copies of the current individualized education program, all
current assessment reports completed by school personnel in all areas
of suspected disabilities pursuant to Article 2 (commencing with
Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of
the Education Code, and other relevant information, including reports
completed by other agencies.
(2) A copy of the parent's consent obtained as provided in
paragraph (2) of subdivision (b).
(3) A summary of the emotional or behavioral characteristics of
the pupil, including documentation that the pupil meets the criteria
set forth in paragraphs (3) and (4) of subdivision (b).
(4) A description of the counseling, psychological, and guidance
services, and other interventions that have been provided to the
pupil, as provided in the individualized education program of the
pupil, including the initiation, duration, and frequency of these
services, or an explanation of the reasons a service was considered
for the pupil and determined to be inadequate or inappropriate to
meet his or her educational needs.
(d) Based on preliminary results of assessments performed pursuant
to Section 56320 of the Education Code, a local educational agency
may refer a pupil who has been determined to be, or is suspected of
being, an individual with exceptional needs, and is suspected of
needing mental health services, to a community mental health service
if a pupil meets the criteria in paragraphs (1) and (2). Referral
packages shall include all documentation required in subdivision (e)
and shall be provided immediately to the community mental health
service.
(1) The pupil meets the criteria in paragraphs (2) to (4),
inclusive, of subdivision (b).
(2) Counseling and guidance services, psychological services,
parent counseling and training, social work services, and behavioral
or other interventions as provided in the individualized education
program of the pupil are clearly inadequate or inappropriate in
meeting his or her educational needs.
(e) If referring a pupil to a community mental health service in
accordance with subdivision (d), the local educational agency shall
provide the following documentation:
(1) Results of preliminary assessments to the extent they are
available and other relevant information including reports completed
by other agencies.
(2) A copy of the parent's consent obtained as provided in
paragraph (2) of subdivision (b).
(3) A summary of the emotional or behavioral characteristics of
the pupil, including documentation that the pupil meets the criteria
in paragraphs (3) and (4) of subdivision (b).
(4) Documentation that appropriate related educational and
designated instruction and services have been provided in accordance
with Sections 300.34 and 300.39 of Title 34 of the Code of Federal
Regulations.
(5) An explanation of the reasons that counseling and guidance
services, psychological services, parent counseling and training,
social work services, and behavioral or other interventions as
provided in the individualized education program of the pupil are
clearly inadequate or inappropriate in meeting his or her educational
needs.
(f) The procedures set forth in this chapter are not designed for
use in responding to psychiatric emergencies or other situations
requiring immediate response. In these situations, a parent may seek
services from other public programs or private providers, as
appropriate. This subdivision does not change the identification and
referral responsibilities imposed on local educational agencies under
Article 1 (commencing with Section 56300) of Chapter 4 of Part 30 of
Division 4 of Title 2 of the Education Code.
(g) Referrals shall be made to the community mental health service
in the county in which the pupil lives. If the pupil has been placed
into residential care from another county, the community mental
health service receiving the referral shall forward the referral
immediately to the community mental health service of the county of
origin, which shall have fiscal and programmatic responsibility for
providing or arranging for the provision of necessary services. The
procedures described in this subdivision shall not delay or impede
the referral and assessment process.
(h) A county mental health agency does not have fiscal or legal
responsibility for costs it incurs prior to the approval of an
individualized education program, except for costs associated with
conducting a mental health assessment.

7576.2. (a) The Director of the State Department of Mental Health
is responsible for monitoring county mental health agencies to ensure
compliance with the requirement to provide mental health services to
disabled pupils pursuant to this chapter and to ensure that funds
provided for this purpose are appropriately utilized.
(b) The Director of the State Department of Mental Health shall
submit a report to the Legislature by April 1, 2005, that includes
the following:
(1) A description of the data that is currently collected by the
State Department of Mental Health related to pupils served and
services provided pursuant to this chapter.
(2) A description of the existing monitoring process used by the
State Department of Mental Health to ensure that county mental health
agencies are complying with this chapter.
(3) Recommendations on the manner in which to strengthen and
improve monitoring by the State Department of Mental Health of the
compliance by a county mental health agency with the requirements of
this chapter, on the manner in which to strengthen and improve
collaboration and coordination with the State Department of Education
in monitoring and data collection activities, and on the additional
data needed related to this chapter.
(c) The Director of the State Department of Mental Health shall
collaborate with the Superintendent of Public Instruction in
preparing the report required pursuant to subdivision (b) and shall
convene at least one meeting of appropriate stakeholders and
organizations, including a representative from the State Department
of Education, to obtain input on existing data collection and
monitoring processes, and on ways to strengthen and improve the data
collected and monitoring performed.

7576.3. It is the intent of the Legislature that the Director of
the State Department of Mental Health collaborate with an entity with
expertise in children's mental health to collect, analyze, and
disseminate best practices for delivering mental health services to
disabled pupils. The best practices may include, but are not limited
to:
(a) Interagency agreements in urban, suburban, and rural areas
that result in clear identification of responsibilities between local
educational agencies and county mental health agencies and result in
efficient and effective delivery of services to pupils.
(b) Procedures for developing and amending individualized
education programs that include mental health services that provide
flexibility to educational and mental health agencies and protect the
interests of children in obtaining needed mental health needs.
(c) Procedures for creating ongoing communication between the
classroom teacher of the pupil and the mental health professional who
is directing the mental health program for the pupil.

7576.5. If funds are appropriated to local educational agencies to
support the costs of providing services pursuant to this chapter, the
local educational agencies shall transfer those funds to the
community mental health services that provide services pursuant to
this chapter in order to reduce the local costs of providing these
services. These funds shall be used exclusively for programs operated
under this chapter and are offsetting revenues in any reimbursable
mandate claim relating to special education programs and services.

7577. (a) The State Department of Rehabilitation and the State
Department of Education shall jointly develop assessment procedures
for determining client eligibility for State Department of
Rehabilitation services for disabled pupils in secondary schools to
help them make the transition from high school to work. The
assessment procedures shall be distributed to local education
agencies.
(b) The State Department of Rehabilitation shall maintain the
current level of services to secondary school pupils in project work
ability and shall seek ways to augment services with funds that may
become available.

7578. The provision of special education programs and related
services for disabled children and youth residing in state hospitals
shall be ensured by the State Department of Developmental Services,
the State Department of Mental Health, and the Superintendent of
Public Instruction in accordance with Chapter 8 (commencing with
Section 56850) of Part 30 of the Education Code.

7579. (a) Prior to placing a disabled child or a child suspected of
being disabled in a residential facility, outside the child's home,
a court, regional center for the developmentally disabled, or public
agency other than an educational agency, shall notify the
administrator of the special education local plan area in which the
residential facility is located. The administrator of the special
education local plan area shall provide the court or other placing
agency with information about the availability of an appropriate
public or nonpublic, nonsectarian special education program in the
special education local plan area where the residential facility is
located.
(b) Notwithstanding Section 56159 of the Education Code, the
involvement of the administrator of the special education local plan
area in the placement discussion, pursuant to subdivision (a), shall
in no way obligate a public education agency to pay for the
residential costs and the cost of noneducational services for a child
placed in a licensed children's institution or foster family home.
(c) It is the intent of the Legislature that this section will
encourage communication between the courts and other public agencies
that engage in referring children to, or placing children in,
residential facilities, and representatives of local educational
agencies. It is not the intent of this section to hinder the courts
or public agencies in their responsibilities for placing disabled
children in residential facilities when appropriate.
(d) Any public agency other than an educational agency that places
a disabled child or a child suspected of being disabled in a
facility out of state without the involvement of the school district,
special education local plan area, or county office of education in
which the parent or guardian resides, shall assume all financial
responsibility for the child's residential placement, special
education program, and related services in the other state unless the
other state or its local agencies assume responsibility.

7579.1. (a) Prior to the discharge of any disabled child or youth
who has an active individualized education program from a public
hospital, proprietary hospital, or residential medical facility
pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2
of Part 30 of the Education Code, a licensed children's institution
or foster family home pursuant to Article 5 (commencing with Section
56155) of Chapter 2 of Part 30 of the Education Code, or a state
hospital for the developmentally disabled or mentally disordered, the
following shall occur:
(1) The operator of the hospital or medical facility, or the
agency that placed the child in the licensed children's institution
or foster family home, shall, at least 10 days prior to the discharge
of a disabled child or youth, notify in writing the local
educational agency in which the special education program for the
child is being provided, and the receiving special education local
plan area where the child is being transferred, of the impending
discharge.
(2) The operator or placing agency, as part of the written
notification, shall provide the receiving special education local
plan area with a copy of the child's individualized education
program, the identity of the individual responsible for representing
the interests of the child for educational and related services for
the impending placement, and other relevant information about the
child that will be useful in implementing the child's individualized
education program in the receiving special education local plan area.
(b) Once the disabled child or youth has been discharged, it shall
be the responsibility of the receiving local educational agency to
ensure that the disabled child or youth receives an appropriate
educational placement that commences without delay upon his or her
discharge from the hospital, institution, facility, or foster family
home in accordance with Section 56325 of the Education Code.
Responsibility for the provision of special education rests with the
school district of residence of the parent or guardian of the child
unless the child is placed in another hospital, institution,
facility, or foster family home in which case the responsibility of
special education rests with the school district in which the child
resides pursuant to Sections 56156.4, 56156.6, and 56167 of the
Education Code.
(c) Special education local plan area directors shall document
instances where the procedures in subdivision (a) are not being
adhered to and report these instances to the Superintendent of Public
Instruction.

7579.2. It is the intent of the Legislature that any disabled
individual who has an active individualized education program and is
being discharged from a state developmental center or state hospital
be discharged to the community as close as possible to the home of
the individual's parent, guardian, or conservator in keeping with the
individual's right to receive special education and related services
in the least restrictive environment.

7579.5. (a) In accordance with Section 1415(b)(2)(B) of Title 20 of
the United States Code, a local educational agency shall make
reasonable efforts to ensure the appointment of a surrogate parent
not more than 30 days after there is a determination by the local
educational agency that a child needs a surrogate parent. A local
educational agency shall appoint a surrogate parent for a child in
accordance with Section 300.519 of Title 34 of the Code of Federal
Regulations under one or more of the following circumstances:
(1) (A) The child is adjudicated a dependent or ward of the court
pursuant to Section 300, 601, or 602 of the Welfare and Institutions
Code upon referral of the child to the local educational agency for
special education and related services, or if the child already has a
valid individualized education program, (B) the court specifically
has limited the right of the parent or guardian to make educational
decisions for the child, and (C) the child has no responsible adult
to represent him or her pursuant to Section 361 or 726 of the Welfare
and Institutions Code or Section 56055 of the Education Code.
(2) No parent for the child can be identified.
(3) The local educational agency, after reasonable efforts, cannot
discover the location of a parent.
(b) When appointing a surrogate parent, the local educational
agency, as a first preference, shall select a relative caretaker,
foster parent, or court-appointed special advocate, if any of these
individuals exists and is willing and able to serve. If none of these
individuals is willing or able to act as a surrogate parent, the
local educational agency shall select the surrogate parent of its
choice. If the child is moved from the home of the relative caretaker
or foster parent who has been appointed as a surrogate parent, the
local educational agency shall appoint another surrogate parent if a
new appointment is necessary to ensure adequate representation of the
child.
(c) For purposes of this section, the surrogate parent shall serve
as the child's parent and shall have the rights relative to the
child's education that a parent has under Title 20 (commencing with
Section 1400) of the United States Code and pursuant to Part 300 of
Title 34 (commencing with Section 300.1) of the Code of Federal
Regulations. The surrogate parent may represent the child in matters
relating to special education and related services, including the
identification, assessment, instructional planning and development,
educational placement, reviewing and revising the individualized
education program, and in all other matters relating to the provision
of a free appropriate public education of the child. Notwithstanding
any other provision of law, this representation shall include the
provision of written consent to the individualized education program
including nonemergency medical services, mental health treatment
services, and occupational or physical therapy services pursuant to
this chapter.
(d) The surrogate parent is required to meet with the child at
least one time. He or she may also meet with the child on additional
occasions, attend the child's individualized education program team
meetings, review the child's educational records, consult with
persons involved in the child's education, and sign any consent
relating to individualized education program purposes.
(e) As far as practical, a surrogate parent should be culturally
sensitive to his or her assigned child.
(f) The surrogate parent shall comply with federal and state law
pertaining to the confidentiality of student records and information
and shall use discretion in the necessary sharing of the information
with appropriate persons for the purpose of furthering the interests
of the child.
(g) The surrogate parent may resign from his or her appointment
only after he or she gives notice to the local educational agency.
(h) The local educational agency shall terminate the appointment
of a surrogate parent if (1) the person is not properly performing
the duties of a surrogate parent or (2) the person has an interest
that conflicts with the interests of the child entrusted to his or
her care.
(i) Individuals who would have a conflict of interest in
representing the child, as specified in Section 300.519(d) of Title
34 of the Code of Federal Regulations, shall not be appointed as a
surrogate parent. "An individual who would have a conflict of
interest," for purposes of this section, means a person having any
interests that might restrict or bias his or her ability to advocate
for all of the services required to ensure that the child has a free
appropriate public education.
(j) Except for individuals who have a conflict of interest in
representing the child, and notwithstanding any other law or
regulation, individuals who may serve as surrogate parents include,
but are not limited to, foster care providers, retired teachers,
social workers, and probation officers who are not employees of the
State Department of Education, the local educational agency, or any
other agency that is involved in the education or care of the child.
(1) A public agency authorized to appoint a surrogate parent under
this section may select a person who is an employee of a nonpublic
agency that only provides noneducational care for the child and who
meets the other standards of this section.
(2) A person who otherwise qualifies to be a surrogate parent
under this section is not an employee of the local educational agency
solely because he or she is paid by the local educational agency to
serve as a surrogate parent.
(k) The surrogate parent may represent the child until (1) the
child is no longer in need of special education, (2) the minor
reaches 18 years of age, unless the child chooses not to make
educational decisions for himself or herself, or is deemed by a court
to be incompetent, (3) another responsible adult is appointed to
make educational decisions for the minor, or (4) the right of the
parent or guardian to make educational decisions for the minor is
fully restored.
(l) The surrogate parent and the local educational agency
appointing the surrogate parent shall be held harmless by the State
of California when acting in their official capacity except for acts
or omissions that are found to have been wanton, reckless, or
malicious.
(m) The State Department of Education shall develop a model
surrogate parent training module and manual that shall be made
available to local educational agencies.
(n) Nothing in this section may be interpreted to prevent a parent
or guardian of an individual with exceptional needs from designating
another adult individual to represent the interests of the child for
educational and related services.
(o) If funding for implementation of this section is provided, it
may only be provided from Item 6110-161-0890 of Section 2.00 of the
annual Budget Act.

7579.6. (a) In accordance with Section 1415(b)(2)(A) of Title 20 of
the United States Code, in the case of a child who is a ward of the
state, the surrogate parent described in Section 7579.5 may
alternatively be appointed by the judge overseeing the child's care
provided that the surrogate meets the requirements of Section 7579.5.
(b) In the case of an unaccompanied homeless youth as defined in
Section 725(6) of the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11434a(6)), the local educational agency shall
appoint a surrogate parent in accordance with Section 7579.5 and
Section 300.519(f) of Title 34 of the Code of Federal Regulations.

7580. Prior to licensing a community care facility, as defined in
Section 1502 of the Health and Safety Code, in which a disabled child
or youth may be placed, or prior to a modification of a community
care facility's license to permit expansion of the facility, the
State Department of Social Services shall consult with the
administrator of the special education local plan area in order to
consider the impact of licensure upon local education agencies.

7581. The residential and noneducational costs of a child placed in
a medical or residential facility by a public agency, other than a
local education agency, or independently placed in a facility by the
parent of the child, shall not be the responsibility of the state or
local education agency, but shall be the responsibility of the
placing agency or parent.

7582. Assessments and therapy treatment services provided under
programs of the State Department of Health Services or the State
Department of Mental Health, or their designated local agencies,
rendered to a child referred by a local education agency for an
assessment or a disabled child or youth with an individualized
education program, shall be exempt from financial eligibility
standards and family repayment requirements for these services when
rendered pursuant to this chapter.

7584. As used in this chapter, "disabled youth," "child," or "pupil"
means individuals with exceptional needs as defined in Section 56026
of the Education Code.

7585. (a) Whenever a department or local agency designated by that
department fails to provide a related service or designated
instruction and service required pursuant to Section 7575 or 7576,
and specified in the pupil's individualized education program, the
parent, adult pupil, if applicable, or a local educational agency
referred to in this chapter, shall submit a written notification of
the failure to provide the service to the Superintendent of Public
Instruction or the Secretary of California Health and Human Services.
(b) When either the Superintendent or the secretary receives a
written notification of the failure to provide a service as specified
in subdivision (a), a copy shall immediately be transmitted to the
other party. The Superintendent, or his or her designee, and the
secretary, or his or her designee, shall meet to resolve the issue
within 15 calendar days of receipt of the notification. A written
copy of the meeting resolution shall be mailed to the parent, the
local educational agency, and affected departments, within 10 days of
the meeting.
(c) If the issue cannot be resolved within 15 calendar days to the
satisfaction of the Superintendent and the secretary, they shall
jointly submit the issue in writing to the Director of the Office of
Administrative Hearings, or his or her designee, in the Department of
General Services.
(d) The Director of the Office of Administrative Hearings, or his
or her designee, shall review the issue and submit his or her
findings in the case to the Superintendent and the secretary within
30 calendar days of receipt of the case. The decision of the
director, or his or her designee, shall be binding on the departments
and their designated agencies who are parties to the dispute.
(e) If the meeting, conducted pursuant to subdivision (b), fails
to resolve the issue to the satisfaction of the parent or local
educational agency, either party may appeal to the director, whose
decision shall be the final administrative determination and binding
on all parties.
(f) Whenever notification is filed pursuant to subdivision (a),
the pupil affected by the dispute shall be provided with the
appropriate related service or designated instruction and service
pending resolution of the dispute, if the pupil had been receiving
the service. The Superintendent and the secretary shall ensure that
funds are available for the provision of the service pending
resolution of the issue pursuant to subdivision (e).
(g) This section does not prevent a parent or adult pupil from
filing for a due process hearing under Section 7586.
(h) The contract between the State Department of Education and the
Office of Administrative Hearings for conducting due process
hearings shall include payment for services rendered by the Office of
Administrative Hearings which are required by this section.

7586. (a) All state departments, and their designated local
agencies, shall be governed by the procedural safeguards required in
Section 1415 of Title 20 of the United States Code. A due process
hearing arising over a related service or designated instruction and
service shall be filed with the Superintendent of Public Instruction.
Resolution of all issues shall be through the due process hearing
process established in Chapter 5 (commencing with Section 56500) of
Part 30 of Division 4 of the Education Code. The decision issued in
the due process hearing shall be binding on the department having
responsibility for the services in issue as prescribed by this
chapter.
(b) Upon receipt of a request for a due process hearing involving
an agency other than an educational agency, the Superintendent of
Public Instruction shall immediately notify the state and local
agencies involved by sending a copy of the request to the agencies.
(c) All hearing requests that involve multiple services that are
the responsibility of more than one state department shall give rise
to one hearing with all responsible state or local agencies joined as
parties.
(d) No public agency, state or local, may request a due process
hearing pursuant to Section 56501 of the Education Code against
another public agency.

7586.5. Not later than January 1, 1988, the Superintendent of
Public Instruction and the Secretary of the Health and Human Services
Agency jointly shall submit to the Legislature and the Governor a
report on the implementation of this chapter. The report shall
include, but not be limited to, information regarding the number of
complaints and due process hearings resulting from this chapter.

7586.6. (a) The Superintendent of Public Instruction and the
Secretary of the Health and Human Services Agency shall ensure that
the State Department of Education and the State Department of Mental
Health enter into an interagency agreement by January 1, 1998. It is
the intent of the Legislature that the agreement include, but not be
limited to, procedures for ongoing joint training, technical
assistance for state and local personnel responsible for implementing
this chapter, protocols for monitoring service delivery, and a
system for compiling data on program operations.
(b) It is the intent of the Legislature that the designated local
agencies of the State Department of Education and the State
Department of Mental Health update their interagency agreements for
services specified in this chapter at the earliest possible time. It
is the intent of the Legislature that the state and local interagency
agreements be updated at least every three years or earlier as
necessary.

7586.7. The Superintendent of Public Instruction and the Secretary
of the Health and Human Services Agency jointly shall prepare and
implement within existing resources a plan for in-service training of
state and local personnel responsible for implementing the
provisions of this chapter.

7587. By January 1, 1986, each state department named in this
chapter shall develop regulations, as necessary, for the department
or designated local agency to implement this act. All regulations
shall be reviewed by the Superintendent of Public Instruction prior
to filing with the Office of Administrative Law, in order to ensure
consistency with federal and state laws and regulations governing the
education of disabled children. The directors of each department
shall adopt all regulations pursuant to this section as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2. For the purpose of the
Administrative Procedure Act, the adoption of the regulations shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. These regulations shall not be subject to the review and
approval of the Office of Administrative Law and shall not be subject
to automatic repeal until the final regulations take effect on or
before June 30, 1997, and the final regulations shall become
effective immediately upon filing with the Secretary of State.
Regulations adopted pursuant to this section shall be developed with
the maximum feasible opportunity for public participation and
comments.

7588. This chapter shall become operative on July 1, 1986, except
Section 7583, which shall become operative on January 1, 1985.