SECTIONS 95028 - California Statutes

GOVERNMENT CODE

SECTION 95028

95028. (a) On or before October 1, 1995, the State Department of
Developmental Services, on behalf of the Secretary of the Health and
Human Services Agency, and the State Department of Education, on
behalf of the Superintendent of Public Instruction, jointly shall
develop, approve, and implement regulations, as necessary, to comply
with the requirements of this title and Part C, as specified in
federal statutes and regulations.
(b) The regulations developed pursuant to this section shall
include, but are not limited to, the following requirements:
(1) The administrative structure for planning and implementation
of the requirements of this title and Part C.
(2) Eligibility for Part C services.
(3) Evaluation and assessment.
(4) Individualized family service plans.
(5) Service coordination.
(6) The program and service components of the statewide system for
early intervention services.
(7) The duties and responsibilities of the lead agency as
specified in Section 95006, including procedural safeguards and the
process for resolving complaints against a public agency for
violation of the requirements of Part C.
(c) The State Department of Developmental Services shall adopt
regulations to implement this title in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.
Initial regulations to implement this title shall be adopted as
emergency regulations. The adoption of these initial emergency
regulations shall be considered by the Office of Administrative Law
to be an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare. The initial
emergency regulations shall remain in effect for no more than 180
days. These regulations shall be jointly developed by the State
Department of Developmental Services and the State Department of
Education by July 1, 1994. The Department of Finance shall review and
comment upon the emergency regulations prior to their adoption.