SECTIONS 95006-95009 - California Statutes

GOVERNMENT CODE

SECTION 95006-95009

95006. This title shall be administered under the shared direction
of the Secretary of the Health and Human Services Agency and the
Superintendent of Public Instruction. The planning, development,
implementation, and monitoring of the statewide system of early
intervention services shall be conducted by the State Department of
Developmental Services in collaboration with the State Department of
Education with the advice and assistance of an interagency
coordinating council established pursuant to federal regulations.

95007. The State Department of Developmental Services shall serve
as the lead agency responsible for administration and coordination of
the statewide system. The specific duties and responsibilities of
the State Department of Developmental Services shall include, but are
not limited to, all of the following:
(a) Establishing a single point of contact with the federal Office
of Special Education Programs for the administration of Part C of
the federal Individuals with Disabilities Education Act.
(b) Administering the state early intervention system in
accordance with Part C of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1431 et seq.), applicable regulations,
and an approved state application.
(c) Administering mandatory and discretionary components as
specified in Sections 95022 and 95024.
(d) Administering fiscal arrangements and interagency agreements
with participating agencies and community-based organizations to
implement this title.
(e) Establishing interagency procedures, including the designation
of local coordinating structures, as are necessary to share agency
information and to coordinate policymaking activities.
(f) Adopting written procedures for receiving and resolving
complaints regarding violations of Part C of the federal Individuals
with Disabilities Education Act by public agencies covered under this
title, as specified in Section 1435(a)(10) of Title 20 of the United
States Code and appropriate federal regulations.
(g) Establishing, adopting, and implementing procedural safeguards
that comply with the requirements of Part C of the federal
Individuals with Disabilities Education Act, as specified in Section
1439 of Title 20 of the United States Code and appropriate federal
regulations.
(h) (1) Monitoring of agencies, institutions, and organizations
receiving assistance under this title.
(2) Monitoring shall be conducted by interagency teams that are
sufficiently trained to ensure compliance. Interagency teams shall
consist of, but not be limited to, representatives from the State
Department of Developmental Services, the State Department of
Education, the interagency coordinating council, or a local family
resource center or network, parent, direct service provider, or any
other agency responsible for providing early intervention services.
(3) All members of an interagency team shall have access to all
information that is subject to review. Members of each interagency
team shall maintain the confidentiality of the information, and each
member of the interagency team shall sign a written agreement of
confidentiality.
(4) A summary of monitoring issues and findings shall be forwarded
biannually to the interagency coordinating council for review.
(i) Establishing innovative approaches to information
distribution, family support services, and interagency coordination
at the local level.
(j) Ensuring the provision of appropriate early intervention
services to all infants eligible under Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.) and under Section 95014, except for those infants who have
solely a low incidence disability as defined in Section 56026.5 of
the Education Code and who are not eligible for services under the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code).
The development and implementation of subdivisions (e) to (h),
inclusive, shall be a collaborative effort between the State
Department of Developmental Services and the State Department of
Education. In establishing the written procedures for receiving and
resolving complaints as specified in subdivision (f) and in
establishing and implementing procedural safeguards as specified in
subdivision (g), it is the intent of the Legislature that these
procedures be identical for all infants served under this act and
shall be in accordance with Sections 303.400 and 303.420(b) of Title
34 of the Code of Federal Regulations. The procedural safeguards and
due process requirements established under this title shall replace
and be used in lieu of due process procedures contained in Chapter 1
(commencing with Section 4500) of Division 4.5 of the Welfare and
Institutions Code and Part 30 (commencing with Section 56500) of the
Education Code for infants and their families eligible under this
title.

95008. The State Department of Education shall be responsible for
administering services and programs for infants with solely visual,
hearing, and severe orthopedic impairments, and any combination
thereof, who meet the criteria in Sections 56026 and 56026.5 of the
Education Code, and in Section 3030(a), (b), (d), or (e) of, and
Section 3031 of, Title 5 of the California Code of Regulations and
Part C of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1431 et seq.) and who are not eligible for services
under the Lanterman Developmental Disabilities Services Act (Division
4.5 (commencing with Section 4500) of the Welfare and Institutions
Code).

95009. The development of joint regulations for meeting the
requirements of this title shall be the shared responsibility of the
State Department of Developmental Services on behalf of the Secretary
of the Health and Welfare Agency, and the State Department of
Education on behalf of the Superintendent of Public Instruction. The
joint regulations shall be agreed upon by both departments. These
regulations shall be developed and approved by October 1, 1995. The
Department of Finance shall review and comment upon the joint
regulations prior to any public hearing on them.