SECTIONS 95000-95004 - California Statutes

GOVERNMENT CODE

SECTION 95000-95004

95000. This title may be cited as the California Early Intervention
Services Act.

95001. (a) The Legislature hereby finds and declares all of the
following:
(1) There is a need to provide appropriate early intervention
services individually designed for infants and toddlers from birth to
two years of age, inclusive, who have disabilities or are at risk of
having disabilities, to enhance their development and to minimize
the potential for developmental delays.
(2) Early intervention services for infants and toddlers with
disabilities or who are at risk of having disabilities represent an
investment of resources, in that these services reduce the ultimate
costs to our society, by minimizing the need for special education
and related services in later school years and by minimizing the
likelihood of institutionalization. These services also maximize the
ability of families to better provide for the special needs of their
children. Early intervention services for infants and toddlers with
disabilities maximize the potential of the individuals to be
effective in the context of daily life and activities, including the
potential to live independently, and exercise the full rights of
citizenship. The earlier intervention is started, the greater is the
ultimate cost-effectiveness and the higher is the educational
attainment and quality of life achieved by children with
disabilities.
(3) The family is the constant in the child's life, while the
service system and personnel within those systems fluctuate. Because
the primary responsibility of an infant's or toddler's well-being
rests with the family, services should support and enhance the family'
s capability to meet the special developmental needs of their infant
or toddler with disabilities.
(4) Family-to-family support strengthens families' ability to
fully participate in services planning and their capacity to care for
their infants or toddlers with disabilities.
(5) Meeting the complex needs of infants with disabilities and
their families requires active state and local coordinated,
collaborative, and accessible service delivery systems that are
flexible, culturally competent, and responsive to family-identified
needs. When health, developmental, educational, and social programs
are coordinated, they are proven to be cost effective, not only for
systems, but for families as well.
(6) Family-professional collaboration contributes to changing the
ways that early intervention services are provided and to enhancing
their effectiveness.
(7) Infants and toddlers with disabilities are a part of their
communities, and as citizens make valuable contributions to society
as a whole.
(b) Therefore, it is the intent of the Legislature that:
(1) Funding provided under Part C of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) be used to
improve and enhance early intervention services as defined in this
title by developing innovative ways of providing family focused,
coordinated services, which are built upon existing systems.
(2) The State Department of Developmental Services, the State
Department of Education, the State Department of Health Care
Services, the State Department of Mental Health, the State Department
of Social Services, and the State Department of Alcohol and Drug
Programs coordinate services to infants and toddlers with
disabilities and their families. These agencies need to collaborate
with families and communities to provide a family-centered,
comprehensive, multidisciplinary, interagency, community-based, early
intervention system for infants and toddlers with disabilities.
(3) Families be well informed, supported, and respected as capable
and collaborative decisionmakers regarding services for their child.
(4) Professionals be supported to enhance their training and
maintain a high level of expertise in their field, as well as
knowledge of what constitutes most effective early intervention
practices.
(5) Families and professionals join in collaborative partnerships
to develop early intervention services that meet the needs of infants
and toddlers with disabilities, and that those partnerships be the
basis for the development of services that meet the needs of the
culturally and linguistically diverse population of California.
(6) To the maximum extent possible, infants and toddlers with
disabilities and their families be provided services in the most
natural environment, and include the use of natural supports and
existing community resources.
(7) The services delivery system be responsive to the families and
children it serves within the context of cooperation and
coordination among the various agencies.
(8) Early intervention program quality be ensured and maintained
through established early intervention program and personnel
standards.
(9) The early intervention system be responsive to public input
and participation in the development of implementation policies and
procedures for early intervention services through the forum of an
interagency coordinating council established pursuant to federal
regulations under Part C of the federal Individuals with Disabilities
Education Act.
(c) It is not the intent of the Legislature to require the State
Department of Education to implement this title unless adequate
reimbursement, as specified and agreed to by the department, is
provided to the department from federal funds from Part C of the
federal Individuals with Disabilities Education Act.

95001.5. In order to prevent any potential conflict of interest and
pursuant to Section 303.604 of Title 34 of the Code of Federal
Regulations, no member of the interagency coordinating council may
cast a vote on any matter that would provide direct financial benefit
to that member or otherwise give the appearance of a conflict of
interest.

95002. The purpose of this title is to provide a statewide system
of coordinated, comprehensive, family-centered, multidisciplinary,
interagency programs, responsible for providing appropriate early
intervention services and support to all eligible infants and
toddlers and their families.

95003. (a) The state's participation in Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.) shall be contingent on the receipt of federal funds to cover
the costs of complying with the federal statutes and regulations that
impose new requirements on the state. The State Department of
Developmental Services and the State Department of Education annually
shall report to the Department of Finance during preparation of the
Governor's Budget, and the May Revision, the budget year costs and
federal funds projected to be available.
(b) If the amount of funding provided by the federal government
pursuant to Part C of the federal Individuals with Disabilities
Education Act for the 1993-94 fiscal year, or any fiscal year
thereafter, is not sufficient to fund the full increased costs of
participation in this federal program by the local educational
agencies, as required pursuant to this title, for infants and
toddlers from birth to two years of age, inclusive, identified
pursuant to Section 95014, and that lack of federal funding would
require an increased contribution from the General Fund or a
contribution from a local educational agency in order to fund those
required and supplemental costs, the state shall terminate its
participation in the program. Termination of the program shall occur
on July 1 if local educational agencies have been notified of the
termination prior to March 10 of that calendar year. If this
notification is provided after March 10 of a calendar year, then
termination shall not occur earlier than July 1 of the subsequent
calendar year. The voluntary contribution by a state or local agency
of funding for any of the programs or services required pursuant to
this title shall not constitute grounds for terminating the state's
participation in that federal program. It is the intent of the
Legislature that if the program terminates, the termination shall be
carried out in an orderly manner with notification of parents and
certificated personnel.
(c) This title shall remain in effect only until the state
terminates its participation in Part C of the federal Individuals
with Disabilities Education Act for individuals from birth to two
years of age, inclusive, and notifies the Secretary of the Senate of
the termination, and as of that later date is repealed. As the lead
agency, the State Department of Developmental Services, upon
notification by the Department of Finance or the State Department of
Education as to the insufficiency of federal funds and the
termination of this program, shall be responsible for the payment of
services pursuant to this title when no other agency or department is
required to make these payments.

95004. The early intervention services specified in this title
shall be provided as follows:
(a) Direct services for eligible infants and toddlers and their
families shall be provided pursuant to the existing regional center
system under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the existing local education agency system
under appropriate sections of Part 30 (commencing with Section 56000)
of the Education Code and regulations adopted pursuant thereto, and
Part C of the Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1431 et seq.).
(b) (1) In providing services under this title, regional centers
shall comply with the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code, and its implementing regulations (Division 2
(commencing with Section 50201) of Title 17 of the California Code of
Regulations) including, but not limited to, those provisions
relating to vendorization and ratesetting, and the Family Cost
Participation Program, except where compliance with those provisions
would result in any delays in, the provision of early intervention,
or otherwise conflict with this title and the regulations
implementing this title (Chapter 2 (commencing with Section 52000) of
Division 2 of Title 17 of the California Code of Regulations), or
Part C of the Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1431 et seq.), and applicable federal regulations contained in
Part 303 (commencing with Section 303.1) of Title 34 of the Code of
Federal Regulations. Notwithstanding any other law or regulation to
the contrary, a family's private insurance for medical services or a
health care service plan identified in the individualized family
service plan, other than for evaluation and assessment, shall be used
in compliance with applicable federal and state law and regulation.
(2) When compliance with this subdivision would result in any
delays in the provision of early intervention services for the
provision of any of these services, the department may authorize a
regional center to use a special service code that allows immediate
procurement of the service.
(c) Services shall be provided by family resource centers that
provide, but are not limited to, parent-to-parent support,
information dissemination and referral, public awareness, family
professional collaboration activities, and transition assistance for
families.
(d) Existing obligations of the state to provide these services at
state expense shall not be expanded.
(e) It is the intent of the Legislature that services be provided
in accordance with Sections 303.124, 303.126, and 303.527 of Title 34
of the Code of Federal Regulations.